OPM Disability Retirement: Unexpected Course of Events

Expectations are a peculiar phenomena in the human mind:  it occurs through a history of past experiences; tempered by present circumstances; projected through rational evaluation and analysis of past perspectives and present conditions.  One’s record of fulfilled expectations, as against failed or unforeseen ones, portend the validity of future such thoughts.

While medical conditions themselves may not meet the criteria of an expected event, once it becomes a part of one’s existential condition, it is important to evaluate resulting and consequential events, circumstances and causal relationships in order to make plans for one’s future.  One must not ruminate about the unfortunate course of events for too long; there is further work to be done.

In preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, medical determinations must be made as to future expectations which will impact present circumstances:  Will the condition last for a minimum of 12 months?  What are the chances of recovery from the condition such that sufficiency of rehabilitation will result in returning to work and being able to perform all of the essential elements of one’s job?  How will the agency act/react (not too much in terms of expectations should be considered on this issue)?  What can one expect in terms of a Federal Disability Retirement annuity?  And many other questions which will need to be addressed in order to bring to fore the past, project it into the future, such that decisions impacting the present can be made.

Expectations:  It is where the past, present and future coalesce in the fertile human mind for purposes of decision-making, thereby confirming Aristotle’s dictum that we are not merely animals, but rational animals with a teleological bent.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: The Developing Medical Issue

There is a legitimate concern in preparing a Federal Disability Retirement application, that if an Applicant’s Statement (Standard Form 3112A both for FERS & CSRS employees) is not prepared properly, there may be some unforeseen repercussions down the road, including being barred from “adding” to the list of diagnosed medical conditions, to being found “disabled” based upon a minor, peripheral medical condition which may become “cured” within a short timeperiod.  This is true also of a “developing” medical condition — where symptoms abound, but the doctor is unsure of the specific diagnosis to ascribe to the patient.  That is why much of preparing a Federal Disability Retirement application under FERS or CSRS is more of an art form than a strict application of “the law” .  Yes, it is important to understand and apply the law.  Yes, it is important to extract prior experiences and weave the essential elements, both of the law, of facts, of medical descriptions, etc., into a meaningful narrative in bridging the two essential fields of evidentiary substance:  the medical evidence and the type of job which is impacted.  But more than that, one must know how to interconnect all of the necessary elements — the law, the facts, the medical basis, the essential elements of one’s job — into a coherent whole.  As for any developing medical issues, the same methodology can be applied — in an artful way, such that an unnamed diagnosis will have been “covered” by a description of the symptoms.

Sincerely,

Robert R. McGill, Esquire