Federal and Postal Disability Retirement: Process versus Substance

The emphasis and magnified focus upon process-issues as opposed to the underlying substance of an endeavor is often misplaced; yet, the problem is, if one ignores the former, the latter may never reach fruition because it may never arrive at its intended destination.  The question of balance between the two is an important one; for, the greatest of ideas may have historically vanished not because the idea itself was one lacking in value, but rather because it never received the sales pitch which effectively presented itself into the stream of commerce.

Similarly, in a Federal Disability Retirement application, whether under FERS or CSRS, through the U.S. Office of Personnel Management, while it is important to understand the administrative process of the “nuts and bolts” of filing (i.e., who does it go to; which form is completed by whom; how long does it take at point X; what happens after destination Y, etc.), it is preliminarily of relevance to get the substance of the application in order (i.e., the proper medical report with all of the essential elements in place; one’s statement of disability which addresses the issues of concern to OPM; any legal arguments and invocation of precedent-setting arguments, etc.).

Process gets us there; substance is the “that” which gets there.  If there is no “that”, it will be no use for the “there”; and, conversely, if it never gets there, it will not make a difference.  Ultimately, however, while both are of importance, it is the substance of the case which makes the difference, and the focus should be upon that substance before one’s attention is placed upon the vehicle of delivery.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Relying on Common Sense

The problem of relying on “common sense” (as that term is often used and understood) is that such reliance not only reflects a presumption that one possesses that very quality that we deem and recognize as “common sense”, but further, that we assume that we have such sense to realize one possesses it, and additionally, that the person to whom such sense is applied also has it.

In preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, it is indeed an arbitrary delegation and assignment of one’s case, that the Case Worker would possess that very quality in the process of evaluating, analyzing and reviewing the Federal Disability Retirement application.

Instead, what normally happens is that the OPM Case Worker mechanically applies a sheet containing the “7-part Legal Criteria” and determines whether or not a Federal Disability Retirement application satisfies each of the criteria.  But much of Federal Disability Retirement has to do with subtle implications and “reading between the lines” of a medical report, and coming to a “common sense” conclusion by extrapolating and actually analyzing the connection between one’s positional duties and one’s medical conditions, and determining whether or not an inconsistency exists.

Further, when the Bracey decision concerning the concept of “Accommodations” is considered, the issue of inconsistency between a Federal or Postal position and the medical condition can be viewed in a proper light and context, with greater clarity.  But to rely upon common sense — both in one’s self, and in someone else — is a dangerous assumption:  one which proves the old adage about making a donkey out of you and me.

Sincerely,

Robert R. McGill, Esquire