Disability Retirement for Federal Workers: Trying to Act “As If”…

One can act as if a mistake was not made; the problem exists, however, and continues to impact, with the assumption that X did happen, despite one’s best attempts at ignoring the occurrence.

Thus, when the question is posed to the undersigned attorney whether it would be “okay” to try and file for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, on one’s own, and if it is denied, to then seek the assistance of an attorney, the short answer is, “Of course”.  The silent “but” and qualifier is never necessarily posed or queried.

The caveat is a simple one:  While most mistakes are correctable, there is one thing which cannot be done:  one cannot put blinders on OPM for what they have already received and reviewed.  We cannot play “as if” OPM did not review that specific document which implied a situational disability; or the one which characterized a medical condition as one which “waxes and wanes“; or referred to certain elements in terms of possibilities and potentialities; and other such equivocating conceptual paradigms.

The world of OPM, Medical Disability Retirement, Federal employment issues, etc., does not allow for the playing of the “as if” game.  Thus, to the question of going at a Federal Disability Retirement application alone, yes, we can play as if the Federal or Postal employee will do everything properly; but when the consequences come back with a negative result, we cannot then play as if we are back at the starting gates of the race; we have already entered into the fray, and must deal with the facts as they now exist.


Robert R. McGill, Esquire

OPM Disability Retirement: Tidbits

The term itself is an interesting one; for, unlike its corollary, it refers to the “choice” or “pleasing” morsel of food, as opposed to “leftovers” or “crumbs”, which imply food which has either been rejected or left behind after the table sitter has made the prime decision.  “Tidbits” in its secondary meaning, of course, implies information; the conceptual applicability has transferred from one within the exclusive context of foods, to include information, facts, statements, etc.

Thus, a tidbit:  In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, it is important to understand and recognize that, while most mistakes in the preparation and filing of a Federal Disability Retirement application are “correctable” (what an ugly word — both in appearance and in phonetic structure), what one cannot do is to put “blinders” on the eyes of OPM or before an Administrative Judge, once certain information has been submitted to OPM.

Thus, if an individual wants to attempt the First Stage of the administrative process of filing for Federal Disability Retirement on his or her own, without the assistance of an OPM Disability Attorney, thinking that it is an “easy” case, that is all well and good, but while the tools of representation for an attorney include use of the malleability of language, such that “linguistic gymnastics” will be engaged in as the primary sport of the attorney; nevertheless, elasticity of language does have its limits.

Facts, once exposed, can be explained and amended, but the essence of the fact or statement remains in the hands of OPM.  This constitutes and comprises the tidbit of the day; a choice and pleasing morsel?  Perhaps not in consequential substance, but hopefully in terms of informational relevance.  Ah, but to have been offered instead a morsel of apple pie!


Robert R. McGill, Esquire