Federal Gov. and USPS Disability Retirement: The Pragmatic Steps

The practical aspects of every process must never be overlooked.  When an issue or procedural process appears complicated, what often happens is that people get entangled in the details of such complexity and overlook the fundamentals which support the composite of such perplexing complications.

This principle of never forgetting to take care of the essentials, is no less true in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

One can, for example, get entangled in the details of the legal interpretation of what constitutes a viable accommodation under the law, and whether or not the agency is able to offer such a proposal of accommodation.  And, indeed, agencies will often misinterpret and attempt to characterize actions on their part as constituting an accommodation (i.e., that they “allowed” the Federal or Postal employee to take sick leave, annual leave or LWOP to attend to his or her medical appointments — hardly a legally viable accommodation under the law, when all that was initiated was to allow the Federal or Postal employee to do that which he or she already had a legal right to do), and when that happens, it is up to the applicant and his/her Federal Disability Retirement attorney to point such mis-statements out to OPM.

The web of complications in the process of filing for Federal Disability Retirement benefits can be wide and perplexing; but just as a spider must prepare the threads which connect into an intricate criss-crossing of singular threads into a composite of such threads in order to effectively catch its prey, so the Federal or Postal worker wwho contemplates filing for Federal Disability Retirement benefits must carefully build his or her case beginning with the first, fundamental steps on the road to a solid foundation

Sincerely,

Robert R. McGill, Esquire

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

Federal Worker Disability Retirement: The Reason for the Law’s Complexity

The growing complexity of any body of law often reflects the unintended consequences of a poorly-written statute which first created the access to a right, a benefit, or a legal assertion.  Complications and expansion of issues, clarifications of previously-obfuscated matters of law, evolve over time and begin to take on a life of its own.  

For Federal Disability Retirement law, there is the appearance of a simple process:  one only has to look at the Standard Forms which are made available to all Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits, whether under FERS or CSRS, to recognize that, at least on the surface, the administrative process seems simple enough.  

The SF 3107 series (for FERS Federal and Postal employees) and SF 2801 series (for CSRS Federal and Postal employees) requests basic information of a factual nature.  The “other” series of Standard Forms — the SF 3112 series (both for FERS and CSRS Federal and Postal employees) requests information directly impacting one’s Federal Disability Retirement application.  

The questions asked are quite simple, and appear somewhat innocuous; the body of law which has grown behind each question is comprised by years and decades of litigation, questioning, judicial decisions and case-law.  It is like the proverbial stranger who discovers what appears to be a tuft of hair (perhaps a mouse?) sticking out from behind a bush, reaches down and pulls, only to hear the roar of a lion for having yanked its tail.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Complexity & the Law

The complaint heard most prevalent is that the “law” is deliberately complicated for the benefit of lawyers, and to the detriment of the lay person.  That is the one of the points which Dickens makes in his work, Bleak House — a lengthy work which meticulously follows the probate of a contested will, where the lawyers involved appear to be the only beneficiaries of the central litigation. But that only tells one side of a story.  

Complexities in any issue surface because of lack of clarity; and lack of clarity manifests itself as each case brings to the forefront questions and concerns previously unspoken or uncontested.  As an example — the issue in Stephenson v. OPM, where the U.S. Office of Personnel Management refused to recalculate one’s FERS Disability Retirement annuity even though the annuitant was no longer receiving SSDI benefits, because OPM interpreted the word “entitled” in a unique and perverse manner — could have been left alone without litigation, and therefore allowed to remain a simple matter.  

This had been going on for decades.  But somebody — Mr. Stephenson in particular — decided that OPM’s actions were unfair, and that it needed to be litigated.  Did it complicate matters?  Complexity is an inherent part of the law, and as issues become contested, the evolution of a body of law can expand into a compendium of complexity.  

It is no different with Federal Disability Retirement.  Yes, Federal Disability Retirement law is a complex body of administrative issues; it requires expertise; but if it was left alone, you can be assured that OPM would step over, on, and around many more Federal and Postal Workers who are otherwise eligible and entitled to Federal Disability Retirement benefits. That is why complexity can go both ways — for the agency, but also for the Federal or Postal employee.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Defining Complexity Down

The complexity of a Federal Disability Retirement case is made all the more so, in exponential fashion, when the inherent issues concerning the medical condition and its impact upon one or more of the essential elements of one’s job are difficult and involved.

The administrative process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, is in and of itself a complex process — if only for the sheer volume of Standard government forms which must be completed — and is compounded in multiple ways when the variegated medical conditions are included.  Indeed, sometimes it is the combination of multiple medical conditions which, in the totality of interconnected and intersecting symptomatologies, constitute the entirety of the medical impact in preventing one from performing a particular kind of job.

It is the job of the applicant for Federal Disability Retirement benefits — the Federal or Postal employee under FERS or CSRS — who must define the complexity down to its basic, comprehensible and coherent, cogent presentation, in order for the reviewing clerks at the U.S. Office of Personnel Management to analyze and ultimately approve the Federal Disability Retirement application.

A simple rule of thumb:  If you cannot explain it, how will OPM make heads or tails of it? The solution:  If you cannot do it, obtain the services of someone who can; normally, this would involve an attorney.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Basics & Complexity

Appearance versus reality; ease of effort as opposed to great physical exertional requirements; basic components which make up for a complex composite — the inverse/converse of oppositional forces may seemingly contradict each other, but in most cases, they are entirely compatible.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial encounter with the multiple forms which must be completed, the complexity of the questions requested to be responded to — with the underlying sense that each question contains an implicit “trickiness” where the government is attempting to either cage you into a corner you do not necessarily want to be pushed to, or otherwise to state things which cannot be answered in such simplistic format — all betray a conundrum:  Is it as simple as the questions appear?  Or is the complexity hidden in the appearance of such simplicity?

Then, of course, a partial answer will surface when a Federal Disability Retirement application is denied by OPM at the First Stage of the process:  all of a sudden, various legal criteria are cited; standards of proof heretofore unmentioned are recited like a litany from a food recipe; and by the way, if it gets denied again, you get to read through a thick legal packet concerning your “appeal rights” from the U.S. Merit Systems Protection Board.

Yes, it appears simple; it’s only that the complexity remains hidden in the compendium of laws, statutes and regulations which undergird the entirety of the complex administrative procedure encapsulating Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: An Inherently Adversarial Process

One often hears about administrative procedures — that they are somehow distinguishable from court cases, EEOC proceedings, grievances, etc., in that they are “non-adversarial” procedures.  Really?  In designating it as such, one becomes lulled into thinking that, somehow, preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is merely a matter of completing and submitting paperwork.

In a society which enjoys the safety of linguistic euphemisms, however, such an approach to an important application for benefits can result in devastating consequences.

Does a bureaucracy which is set up exclusively to review and potentially deny a Federal Disability Retirement application have the appearance of a non-adversarial process? Does the fact that one has a right to appeal it to the U.S. Merit Systems Protection Board, then to a panel of Administrative Judges for a “Full Review”, then to the U.S. Court of Appeals for the Federal Circuit, possess the scent of non-adversity?

A system which is set up with a specified statute of limitations, which employs procedural and substantive legal criteria set up to deal with appeals and submission of evidence; of a body of law which applies to determine the sufficiency of evidence; such a system is inherently adversarial in nature, and whatever words or string of words one might use to describe such a system, it is first and foremost, an adversarial process.

Treat it as such, or enter into its arena with caution and forewarning.

Sincerely,

Robert R. McGill, Esquire