OPM Medical Retirement: The Value of Consistency

Consistency establishes validity; validation results in enhancement of credibility; and credibility prevails over minor errors and unintended oversights.  In analyzing a narrative, or engaging in a comparative analysis of two or more documents, it is the factual and historical consistency which allows for a conclusion of validated credibility. When a pattern of inconsistencies arise, suspicions of intentional misdirection beyond mere minor error, begins to tinge.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, or even CSRS Offset, the question of sequential order of documentary preparation is important. Such relevance on this matter can be gleaned if the preparation is looked at retrospectively — not from the beginning of the process, but rather, from the perspective of OPM and how they review and determine cases.

With that perspective in mind, it is important to prepare and formulate one’s Federal Disability Retirement application based upon the appreciated value of consistency, and as consistency of statements, purpose, coordination of documentary support and delineated narrative of one’s disability and its impact upon one’s inability to perform the essential elements of one’s positional duties is recognized, an effective Federal Disability Retirement application will be formulated with deliberative efficacy, and where retrospection through introspection will result in increasing the prospective chances of success.

Sincerely,
Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Citing Case-Law

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to provide a guiding cover letter to the Office of Personnel Management — whether termed as a “Legal Memorandum”, a “Cover Page”, or some other designation — in order to introduce a “road map” to the OPM Representative who will be reviewing the case.  

While the OPM Representative will ultimately be able to “figure out” the documents to be reviewed (i.e., the Standard Forms are obviously familiar; the medical documentation should be self-evident, etc.), there is a distinction to be made between the documentation submitted, and the persuasive effect of the documentation.  There are times, of course, when the strength of a case is so irrefutable and unrebuttable that no guidance is needed; most cases, however, require some persuasive authority.  

The best road map will cite some relevant statutory authority or judicial cases of known precedence.  If one is to cite relevant legal authority, however, it is important to do so properly.  To mis-cite a case, its relevance, or its correct interpretive impact, can do more harm than good, especially if the case proceeds to the later stages of being argued before a Merit Systems Protection Board Administrative Judge.  

Knowing what one is speaking about is the basis for credibility; credibility in making a persuasive presentation of one’s medical conditions and their impact upon one’s ability or inability to perform the essential elements of one’s job is crucial to the effectiveness of one’s case.  Citing cases properly, forcefully, and with technical appropriateness is important in presenting a road map for OPM to follow — from the point of initial introduction, to the final conclusion of agreeing that the Federal or Postal employee is indeed eligible and entitled to Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire