Medical Retirement Benefits for US Government Employees: Uniqueness & Comparisons

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, then submitting the presentation either through one’s agency (if one is still on the rolls of the Federal or Postal Service, or if separated, it has not yet been 31 days or more) or directly to the Office of Personnel Management (if one has been separated from Federal Service for 31 days or more), it is then the entrance into the dreaded “waiting period” where the dead zone begins of increasing anxiety, angst and upheaval of awaiting “the decision” from the Office of Personnel Management.  

During this time of waiting wasteland, it is difficult to remain productive if one is no longer working at the Agency, and it is easy to fall prey to the mentality of comparison — of attempting to obtain information on other filings, of other Federal or Postal employees, either current, fairly recent, or in the far past, and attempting to gauge the success or failure, the waiting period, whether some have been preferentially treated, etc.  

The problem with engagement in such comparisons, of course, is that it is almost impossible to recreate an apple in order to compare it to another apple.  Whether because the internal procedures of OPM have changed (which it has), and comparing it to a time passed when procedures reflected a more systematic methodology of review; or whether one attempts to figure out if there is a non-arbitrary system of review at OPM (there isn’t); or whether the case has been assigned to a more experienced case-worker as opposed to one who has newly come on board at the Office of Personnel Management; or whether the strength of one’s medical and other substantiating documentation makes the initial review for OPM to grant the case immediately — all are factors, and many more not delineated herein, which make for differences between cases which cannot be compared.  

Each case is unique; uniqueness is the differentiation between cases; the cases, because of each individual uniqueness, fails in all attempts at quanitification of comparative analysis.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Complexity and Tailoring

Every Federal and Postal Disability Retirement application under FERS or CSRS is unique because of the particular medical conditions which comprise the specific factual makeup of each case.  

That said, there are various “templates” out there, put out by services and attorneys, who have formulated a methodology based upon a template — often, based upon a past success or two.  While templates are fine, one must always be careful that the uniqueness of a particular case is never lost.  For, ultimately, every Federal and Postal disability retirement application under either FERS or CSRS inherently contains a uniqueness because of the particular complexity of the case.

As such, each case must be tailored to reflect the uniqueness of that case.  There are certainly recurring themes and contextual frameworks, as well as statutory references and case-laws which repetitively apply to most, if not all, cases.  But such generalized applications must nevertheless be tailored to fit and apply to the particular facts and circumstances of a case.  Beware of borrowing from, or hiring someone to apply, a “One size fits all” approach.  You may find that you went to the wrong tailor.

Sincerely,

Robert R. McGill, Attorney