Disability Retirement for Federal Workers: Detracting Deviations

Multi-tasking is a glorified term for describing an ability to competently engage and perform more than one task at a time.  It was once encapsulated in the query:  “Can he walk and chew gum at the same time”?

In the modern age of technology, it has become accepted as a given that such variations of task-tackling is a necessity and conveys evidence of competence.  For, in a world beset with smart phones, computers, laptops, iPads, etc., where the implosion and delivery of information at an instant’s request and access through the push of a button is commonplace, the capacity to respond quickly and sufficiently are considered marks of competent survivability in today’s world.  But there is a growing body of medical evidence that undisciplined response to texting and other forms of technological communication stunts that part of the brain activity which is essential for judgment, focus, attention-span, etc.  The ability to stay focused and not deviate from a singular course of action is also an important tool — even in this day of multi-tasking necessity.

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 a necessary component in compiling a successful disability retirement application, to convey an effective case of proving, by a preponderance of the evidence, that nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s job.

Undisciplined deviation may accomplish a thousand tasks, but if the primary pipeline bursts because a main line was overlooked, such deviation from the primary purpose will have been for nothing.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: OPM’s Arsenal

The names have been changed to protect the innocent.  Or, perhaps those who are impliedly involved herein are not so innocent after all.  Nevertheless, the names must be changed to protect confidentiality of sources, etc.  Every now and then, the Office of Personnel Management discloses their arsenal of weapons.  For instance, such an arsenal might be that a denial of a Federal Disability Retirement application was based upon a review by a retired contract doctor.  Now, let us analyze such an arsenal.  First, the term “retired” reveals an interesting concept.  It means that the individual no longer sees hundreds of patients on a daily basis, nor is actively practicing medicine.  Next, on a superficial level, we take the word “contract” — meaning thereby that the individual is paid to review the paper submissions — not to examine the applicant who is filing for Federal Disability Retirement benefits.  And, finally, the concept of a “doctor” — let us be certain as to the two preceding words, “retired” and “contract”, and that is the extent which one needs to understand in accepting the definition of the word “doctor”.  As opposed to:  the treating doctor of an applicant for Federal Disability Retirement.  Who would you choose to treat you?

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Coordinate the Supporting Documentation

An Applicant’s Statement of Disability in a Federal Disability Retirement application under FERS or CSRS must always attempt to coordinate the statement with the supporting medical (and other) documentation, taking care that the statement does not undermine the supporting documentation, and conversely, to deliberately and with purposeful intent to make sure that the supporting documentation does just that — “supports” and complements what the Statement of Disability states.  Thus, the Statement of Disability must find a careful balance between overwhelming the supporting documentation and undermining the supporting documentation.  It must do neither; it must, instead, strike the middle ground, allowing for the supporting documentation to provide the focal emphasis of the substance and content of the claims inherent in the Statement of Disability, and at the same time, must validate the Statement of Disability.  In this way, an applicant’s Statement of Disability in an OPM Disability Retirement application under FERS or CSRS conveys the validity of a submission.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Filing

If you believe that preparing, filing, and winning a Federal Disability Retirement case under FERS or CSRS is merely a matter of filling out forms, then don’t hire an attorney. Do it yourself.

On the other hand, if you believe that preparing a Federal Disability Retirement application involves:  gathering, reviewing, and compiling the proper and compelling medical evidence; of drafting and clearlly delineating & describing one’s medical conditions and their impact upon one’s job; of citing the proper legal authorities to provide the legal backing and forceful persuasion necessary; of being counseled in negotiating removal actions; of rebutting spurious arguments made by the Office of Personnel Management; of preparing the groundwork for subsequent appeals; of ultimately winning a case, as opposed to trying to squeak by with a hope and a prayer, then you might consider hiring an attorney.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Time

Time is of the essence in almost everything we do.  There are timed deadlines for filing a Federal Disability Retirement application; a great amount of time is taken in the bureaucratic processing of the application; greater time is taken by the Office of Personnel Management in reviewing, analyzing and deciding upon a Federal Disability Retirement application; appeals to the Merit Systems Protection Board require time within which one must prepare a viable case before an administrative judge, etc.  Time is a presence in every aspect of our lives.  But within that framework, a comparative analysis of time should always be taken into consideration.  To “rush” the preparation of a disability retirement packet is often penny wise but pound foolish; care and patience should always be taken, both in the writing, preparation and filing of anything to be submitted to a Federal bureaucracy; the Office of Personnel Management is no different.  Rushing something in order to “save time” is often counterproductive.  To take the time to prepare an excellent disability retirement packet will actually save time in the long run.

Sincerely,

Robert R. McGill, Esquire