OPM Disability Retirement: Horns & Whistles

Acoustic signaling devices and technological innovations in repackaging information can convey a sense of “newness” and a refreshing sort of alternate sensory perception; however, ultimately, the substantive information which must be presented will require tackling the hard elements of a case.

In presenting a Federal Disability Retirement case to the Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between the foundation of the case, as opposed to the “extras” which one may add.  It is like the analogy of the great and master chef who thinks so highly of his or her own skills, that the preparation of the main meal of a course is done without the primary ingredient.  Even the most unrefined and coarse connoisseur can recognize when the steak is missing from a steak dinner.

Thus, in a FERS or CSRS Disability Retirement case, while one’s statement of disability may be persuasive; while “other evidence” by the agency, coworkers, etc. may establish a perspective of medical disability, the foundation of the nexus between one’s medical condition and the positional duties required must be established by the substantive essence of the case — the medical evidence itself.

Don’t mistake the periphery for the center; don’t be fooled by horns and whistles; much noise does not make up for the central requirement in any endeavor.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Details Determine the Path of Success

One is often asked concerning the steps to be taken in order to formulate a successful Federal Disability Retirement application.  Whether under FERS or CSRS, all such Federal Disability Retirement applications will ultimately be reviewed and critically analyzed by the U.S. Office of Personnel Management, to be determined as to whether such an application meets the legal standards for eligibility and entitlement under the statutes, regulations and case-laws governing Federal Disability Retirement.

As with all things in life, the path which one undertakes in an endeavor of this nature — the logistical “steps” that must be completed — will depend largely upon the particular facts of each case.  Yes, the general outline is somewhat identical for each; and, yes, the character and kind of evidence to be compiled may be similar.  But it is the uniqueness of the particular set of facts, for each Federal Disability Retirement application, which determines the type, extent and quality of a successful Federal Disability Retirement application.

Thus, to take an extreme example:  A Letter Carrier for the U.S. Postal Service who suffers a horrendous accident and becomes paralyzed, will not need much more than the emergency room and hospitalization records, and perhaps — and this is a “big” perhaps — a short (couple of sentences) statement from a doctor.

On the other hand, an IT Specialist working for a Federal agency who suffers extreme stress, will require a comprehensive medical report which details specific reasons as to the impact upon the positional requirements of his or her job.

As with almost everything in this complex compilation of sensory perceptions we identify as “life”, the details of a particular endeavor and encounter with a Federal Agency will determine the pathway to success; details matter, and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is precisely the details which determine which devil will rear its ugly head, and how to avoid such devilish encounters.

Sincerely,

Robert R. McGill, Esquire