Federal Employee Medical Retirement: Keeping it Simple

Simplicity merely covers the complexity behind the beauty of the uncomplicated.  Indeed, one only has to look upon an Apple product, or a modern automobile, to recognize the underlying complexities which went into the production of such simplicity.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is often a desire to respond to an OPM denial by attempting to understanding the apparent ‘complexity’ of the denial.  By ‘apparent’ is meant the following:  Most, if not all, of OPM’s denials are regurgitated templates from thousands of previous denials, and quotations of alleged legalese notwithstanding, the basic components of a Federal Disability Retirement case do not change just because the language used attempts to complicate matters.

In the end, driving a technologically advanced automobile still requires hands on the steering wheel, and a foot on the gas pedal and the brake (hopefully, not both at the same time).  All the rest are simply “whistles and horns” to make it appear worth the price tag.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Federal Workers: Proof and Consequence

What if you possessed a piece of unique information, but no one else could see it? What if, by all appearances, you seemed perfectly healthy, but you weren’t?  What if you struggled every day to meet the stated professional objectives and goals, but were dying inside?

The silence of a medical condition is the consequence of a duality of contradictions:  many medical conditions, including psychiatric conditions, debilitate the “inner” person, and any such explanation to third parties is met with surprise, astonishment, disbelief and denial; but concomitantly, most people don’t want to hear about the troubles of others, anyway.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must always distinguish between the medical condition, and proving the medical condition. That X suffers from medical condition Y, unless it is an amputated limb and is self-evident to the outside world, is known only to the sufferer, and to those whom the sufferer relates.

Proving one’s medical condition is done through the objectification of the medical condition — i.e., through a medical doctor who clinically assesses, evaluates, and concludes with a diagnosis.  From there, the proper nexus must be built between the medical condition and the ability/inability to perform one or more of the essential elements of one’s job.  Having X is one thing; proving X is another.

Knowing the distinction will make all the difference in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Impersonal File

Creative writing courses almost always fall back on an old adage:  Show, don’t tell.  Such a simple advisory truism, while trite and overly simplistic, applies in so many aspects of what constitutes effective writing — whether for fiction, journalism (is there a difference between the two?), or in Federal Disability Retirement (the latter, of course, is a completely separate genre from the former two).

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to apply all of the learned, effective tools of writing, in confronting every stage, every administrative hurdle, every step in the bureaucratic, administrative process.

In approaching a treating doctor:  remember that doctors are quite effective in compartmentalizing patients — separating a patient emotionally from the patient’s file; the cold, clinical approach of treating a medical condition without becoming “personally involved” is what a doctor is trained to do.  Thus, in obtaining the support of one’s treating doctor, it is important to break that silent wall of bifurcation, and often, simply sitting down with the doctor and explaining, talking, “personalizing”, is an important first step.

Another example:  the Applicant’s Statement of Disability.  That statement is the window to OPM’s soul.  It is the means and vehicle by which and through which one persuades the Case Worker at OPM that one has a medical condition which prevents one from performing the essential elements of one’s job.

Writing it well is the route to success.  Showing, and not merely telling.  Old adages tend to live on forever, because the truth inherent and embedded in them continue to thrive.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Simplicity of Presentation

In preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS, it is important to maintain and manage the entire process in as simplified a form as possible, in presenting one’s case to each segment of the process — i.e., to the doctors who will be supporting one’s case; in the formulation and articulation of one’s Applicant’s Statement of Disability; in the compilation of the supporting medical documentation; in the entirety of the presentation submitted to the Office of Personnel Management.

Thus, while the process itself may involve multiple complexities because of the bureaucratic morass from which it originates, it is nevertheless the job of the Federal or Postal worker who is preparing and formulating the Federal Disability Retirement packet to keep it within manageable and understandable, coherent and comprehensible limits.  

The art of simplifying the complex is the key to a successful outcome.  By “simplification”, however, does not mean that one should exclude or otherwise deliberately leave out complex aspects of a medical disability retirement case; rather, it means that it is the job of the Federal or Postal employee, or his or her attorney and legal representative, to articulate, convey, and delineate such complexity into an understandable format.  

As the true artist makes his artwork appear simple in its very beauty, so the Federal or Postal employee must present his or her case before the Office of Personnel Management, and potentially before an Administrative Judge at the Merit Systems Protection Board, in a format which evinces a response of, “Of course!”

Sincerely,

Robert R. McGill, Esquire