OPM Disability Retirement: Determining Peripheral Issues

It is important in preparing a Federal Disability Retirement application to make the distinction between essential, substantive issues which will need to be addressed, and those issues which should be deemed “peripheral”.

The substantive issues should be those which go to the “heart” of your case (i.e., the medical disabilities; the impact upon the work; sometimes, the issues concerning medication regimens and treatment modalities, etc.).  The peripheral issues are those which will not only detract from the essential issues, but also some which may, if focused upon too prominently, derail a Federal Disability Retirement application.

Further, a potential applicant for a Federal Disability Retirement must have the wisdom and discernment to sometimes leave an issue alone.  Perhaps an issue is brought up by a Supervisor in a Supervisor’s Statement, or in the SF 3112D concerning an accommodation issue; or perhaps it is brought up on an SF 50.  In any event, remember the general dictum that if a person protests an issue too vehemently, it may bring the attention and focus of the Office of Personnel Management upon an issue which otherwise may have been ignored.

Such approaches in determining peripheral issues from substantive issues are made in the course of filing for Federal Disability Retirement benefits, based upon experience, wisdom, and discernment.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: What to Do

Whether or not one should hire an OPM Disability Attorney at the initial stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS, or whether to wait for a denial; such a question must be answered by each Federal or Postal employee, based upon the strength of a case, based upon the financial resources of the individual and the family, and based upon the ability of the potential applicant to organize, compile, streamline, delineate, communicate, descriptively convey, and methodologically argue the strength of a case.  Much of being able to successfully compile the multiple facets of a Federal or Postal Disability Retirement application depends upon the discretionary ability to make judgments about which aspects to emphasize and magnify; which aspects to de-emphasize; and (often) most importantly, which issues to “leave alone”. 

Whatever it is that one does in preparing a Federal or Postal Disability Retirement Application under FERS or CSRS, the “What to Do” list must always include what NOT to do.  Whatever it is that one does, one should do nothing that is going to negatively impact one’s application or case.  And, above all, remember that the person who “assumes” that the Federal Disability Retirement application will be approved at the first stage, and prepares such a packet, is often the person who regrets having said “this or that”, or wishes that “x, y or z” had not been included.  This is especially true when it gets denied the first time, and then the second time, and it is now being reviewed by an Administrative Judge.  On the other hand, I have found that there are few, if any, issues which are not ultimately “correctable” or able to be “explained away”.

Sincerely,

Robert R. McGill, Esquire