CSRS & FERS Disability Retirement: Complexity in the Hidden Background

To prove one’s eligibility for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is seemingly an uncomplicated matter.

As one’s medical condition impacts the ability to perform one or more of the essential element of one’s job, it is up to the treating doctor to establish the nexus and provide an opinion as to the connecting bridge between the medical condition and the positional requirements of one’s Federal or Postal job.

How does one do that? Must it be comprised of a 1-to-1 ratio between job elements and medical conditions? How important and prominent are “symptoms” considered, as opposed to the mere clinical declaration of the diagnosis, in persuading the U.S. Office of Personnel Management that a particular medical condition should qualify for Federal Disability Retirement benefits? To what extent is one’s own statement of disability, as described on Standard Form 3112A, important in establishing the foothold towards gaining an approval from OPM?

Also, what algorithm or comparative analysis does OPM use in evaluating a case, and how does one enhance the chances of success at the First Stage of the process? If denied at the First Stage of the Federal Disability Retirement process, does the basis of the denial (often characterized by a plethora of multiple reasons given) require a point-by-point refutation, and is the Reconsideration Division at OPM using the same standard of review, or a different application of laws in evaluating the additional evidence submitted at the next stage?

If one watches a gymnast, a ballerina, or even a mathematician at work in solving or unraveling a complex problem or exercise, one is immediately struck by the ease with which the feat is performed. But it is almost always the unseen preparation which has preceded the actual performance that sets the stage of an uncomplicated presentation.

It is that mystery of the uncomplicated, which tends to trip us all, and that is no different in the preparation, formulation and submission of a Federal Disability Retirement application, applied through the U.S. Office of Personnel Management, whether you are under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Simplification of Complexities

The art of simplifying the complex requires an effort beyond mere reduction to basic concepts; it is a process of unravelling compound components in order to separate and undo intersecting concepts which tend to confound through connections otherwise incomprehensible, then to analyze each individual element in their own right, before reassembling and reorganizing.

Anyone who has taken apart a piece of equipment without quite knowing what to expect, understands such an intellectual process.  But simplification of explanation does not mean that the issue conveyed is an uncomplicated one; rather, it is an art form of making comprehensible without regurgitating the inherent esotericism itself; it is a reflection of pure understanding when one is able to explain without puffery.

Federal Disability Retirement is a complex process.  There is no getting around it.  One can separate the multiple components into their individual issues, and certainly simplify the morass by attending to each element independently; but in the end, one must reassemble the disparate parts and reorganize it back to its wholeness of integrated integrity.

As an admixture of three complex groupings — the medical, the legal, and the bureaucratic — one cannot entirely escape the linguistic confusion of technical complexities by merely referring to it as “showing this or that”.  The language of the medical issues must be embraced, followed by a clear understanding of the legal elements established, and further promulgated by maneuvering through the administrative process and the agency’s attempt, often deliberate and with conscious effort, to put up unnecessary roadblocks and obstacles.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, is not rocket science; however, nor is it an Andy Warhol piece of artwork.  But then, I never understood the latter to be so uncomplicated to begin with.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Simplification of a Complex Process

It is the simple things in life which provide the greatest amount of pleasure; but simplicity often conceals the underlying complexity inherent in that which merely appears so.  

The child who first observes the vivid pictures on a computer screen has little to no understanding of the complex hardware and software network interfacing which, in the long history of computer design and evolving creation of computers, resulted in the seemingly simple result, produced by a push of a button.  Thus, the complexity behind the microchip and the human endeavor which designed, created and manufactured the product is what makes for the simplicity of the complex.  

As with all other things simple and complex, Federal Disability Retirement must be approached with caution. The questions which are required to be answered on Standard Forms (SF 3107 series for FERS applicants; SF 2801 series for CSRS applicants; SF 3112 series for both FERS and CSRS applicants) may appear quite simple in form; the content of what must be provided will necessarily require a complex interaction of thought, foresight, knowledge of the law, and carefully chosen words to provide information, argument and documented evidence which proves, by a preponderance of the evidence, that the Federal or Postal worker is entitled to Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  

To compile and produce a product which appears “simple”, from the myriad of administrative complexities, is the key to a successful outcome in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  Simplicity betrays complexity; that which appears so, may not reveal the underlying and compound complexities which must be cautiously approached.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Agency Pressures

Agencies have an inherent, built-in mechanism to pressure the Federal or Postal employee to quickly file for Federal Disability Retirement benefits from the Office of Personnel Management, and indeed, often the Human Resources Department will pressure the Federal employee to prepare, formulate and file the application for Federal Disability Retirement benefits in an expedited manner.  

This can be both a positive thing, as well as contain some negative consequences.  Ultimately, the self-interest of the Agency is in vacating the position presently being held by a non-productive (or so it is viewed and thought) dead-weight, in order to have it filled by someone else for the efficiency of the service.  

This is not to say that there are not some compassionate, empathetic H.R. Personnel, or Supervisors or others in the Agency who are attempting to “fast-track” a Federal Disability Retirement application in order to look out for the best interests of the Federal or Postal Employee.  There are some good people.  But the balance of alternatives must always be weighed between filing something quickly, and doing it properly and thoroughly.  

Pressure from the agency should not be the primary basis of one’s response; obtaining the proper medical documentation, the doctor’s reports, and carefully preparing the Applicant’s Statement of Disability in order to increase the chances of success at the Initial Stage of the Application for Federal Disability Retirement with the Office of Personnel Management, should always be the paramount and first order of consideration.  

Each entity has a self-interest; making sure that one’s own self-interest is properly looked after, is the first order of business in preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire