OPM Disability Retirement: Horns & Whistles

Acoustic signaling devices and technological innovations in repackaging information can convey a sense of “newness” and a refreshing sort of alternate sensory perception; however, ultimately, the substantive information which must be presented will require tackling the hard elements of a case.

In presenting a Federal Disability Retirement case to the Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between the foundation of the case, as opposed to the “extras” which one may add.  It is like the analogy of the great and master chef who thinks so highly of his or her own skills, that the preparation of the main meal of a course is done without the primary ingredient.  Even the most unrefined and coarse connoisseur can recognize when the steak is missing from a steak dinner.

Thus, in a FERS or CSRS Disability Retirement case, while one’s statement of disability may be persuasive; while “other evidence” by the agency, coworkers, etc. may establish a perspective of medical disability, the foundation of the nexus between one’s medical condition and the positional duties required must be established by the substantive essence of the case — the medical evidence itself.

Don’t mistake the periphery for the center; don’t be fooled by horns and whistles; much noise does not make up for the central requirement in any endeavor.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Human Element & Application of the Law

It may well be that technological advances will one day allow for imputed algorithms to precisely calibrate and decide everything in life; but for the time being, we must all deal with the human element in the process of decision-making.  

Comparative stories abound about how X obtained disability retirement benefits with minimal documentary proof, and even less of an actual medical condition.  It is always an anomaly as to how one can possibly answer the query which involves the following:  “X told a friend of Y, who knows of Z who filed and got his Disability Retirement benefits approved within T-amount of time”.

The particulars of each case must always determine the outcome of the case; some stories become inflated with the telling of the narrative when passed through third parties multiple times; but, on the other hand, there is the possibility that the final narration of the story is entirely true.  The reason is because the human element is still the determinative factor in any Federal Disability Retirement application.  

There is no computerized algorithm which is applied in making a determination at the U.S. Office of Personnel Management.  And, so long as human beings continue to remain a part of the administrative, bureaucratic process in scrutinizing a Federal Disability Retirement application, by analyzing the content and substance and applying the relevant laws, there will never be a perfect continuity or consistency of application.  

In some ways, this is a good thing; for, as each human being is unique, so the story of each medical condition and the impact upon one’s inability to perform all of the essential elements of one’s positional duties, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is also particularized and unparalleled.  May it be so in the future, lest we ourselves become mere drones in this world of conventionalized perspectives.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: OPM’s Methodological Application

Since prior to the time of Plato’s Dialogues, the questions distinguishing between “appearance” and “reality” have pervaded Western philosophical thought, and through that tradition, to the common culture we inhabit.  What a person, entity, organization or group “appears” to do, think, become motivated by, etc., as opposed to the underlying teleological focus, the substantive “substratum” which, in the progressive evolution of philosophical thought, culminated in Heidegger’s explosion and unrevealing of true “Being” as being.

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 have a rudimentary understanding of the methodological approach of the agency one must deal with — the U.S. Office of Personnel Management.  To do so, as one might take Aristotle’s analysis, it is well to understand and evaluate “first principles”.

Yes, OPM is required to apply “the law“.  Yes, certain aspects of “the law”, such as questions concerning accommodations, whether a job offer was ever made by the agency; whether a case appears to have some semblance of situational disability; whether workplace harassment played a role in a Federal or Postal worker’s medical condition — all of these are “considered”.  But that is merely the “appearance” of how OPM approaches a case.

Ultimately, the “reality” of consideration focuses upon the effectiveness and persuasive efficacy of the medical report and records.  Where law, medicine, and common sense meet and collide, is where the reality of a Federal Disability Retirement case ultimately coalesces, and that is why the combination of what the medical evidence says, what the applicant states, and what the law argues, will be the deciding factors in the “reality” of a case, as opposed to the mere appearance.

Sincerely,

Robert R. McGill, Esquire