Disability Retirement for Federal Government Employees: The Essence of the Case

Ultimately, the “essence” of a thing is defined by a multitude of characteristics; but when a query is made as to what X “is”, as opposed to what it is “not”, the attempt to describe X is almost always rendered inadequate or deficient.  It is not enough to say that X is “not A, B or C”, for it may be equally true that Y is also not A, B or C, and yet X is not identical to Y.  

When an individual asks the unanswerable question, How does one successfully apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management? — the answer cannot be formulated by delineating a list of don’ts (although that may be helpful in a great majority of cases).  Rather, the reason why such a question is untenable, aside from being too generalized a question, is that each particular case requires a different and unique set of answers.  

Yes, there are general applicability standards which one must follow (i.e., sufficient medical documentation; knowledge of the relevant laws; an understanding of the legal concepts involved, etc.).  Yes, there are standard forms to complete (SF 3107 series FERS employees; SF 2801 series for CSRS employees; SF 3112 series for both FERS & CSRS employees) — but how they are completed, and the information provided, must be carefully formulated.  How one puts together a Federal Disability Retirement case is just as important in getting at the essence of a Federal Disability Retirement case, than trying to figure out the different components which make up a case.  

The “essence” of a thing is a sought-after jewel which has been an ongoing event throughout Western Philosophy, from Plato and Aristotle, to Heidegger and Husserl; it has only been in recent years that such a search has merely turned into a Wittgensteinian language game; and with the U.S. Office of Personnel Management, perhaps it is proper that it has become so.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Roadmaps

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 allow for the medical evidence and other supporting documentation to “speak for themselves”.  Yet, at the same time, a cover-letter, or a “roadmap”, should always accompany a Federal Disability Retirement application.

In representing Federal and Postal employees, at every stage of the process — whether at the Initial Stage of compiling and preparing all aspects of a Federal Disability Retirement application; and at the Reconsideration Stage, in rebutting and responding to an OPM denial for the First Stage of the process — a cover letter always accompanies a disability retirement packet.

The cover letter is, and should be, lengthy to the extent of providing a concise roadmap of addressing all of the essential elements of the disability retirement packet; with appropriate “red flags” to apprise the OPM Representative of the relevance of the attached documents; of arguing the relevant law which clearly and by a preponderance of the evidence shows that each of the legal criteria in a Federal Disability Retirement application have been met; and why the Office of Personnel Management has no choice but to approve the Federal Disability Retirement benefit.

But like all roadmaps, it is important to establish the credibility of such a map, by showing that each statement, assertion and claim is vindicated by the truth of a relevant document or evidentiary source.  Credibility is established by substantive content backed by truth.  Have you ever followed a roadmap that resulted in taking you to the other side of town?  Such roadmaps are worth the paper they are printed on, and make for good fire starters.

Sincerely,

Robert R. McGill, Esquire