Federal Worker Disability Retirement: Recesses and Misguided Perspectives

Plato’s recognition of how perceptual fallacies occur became an incentive for his philosophical quest to unravel the essence of a thing, in contrast to the accidental qualities which may present themselves in their visual appearance. But misjudgments concerning what a thing “is” can occur not just because of visual disturbances; they can also result from subconscious misconceptions working in the far recesses of the mind, through isolation and fear.

Such an addition to the general philosophical inquiry would not progress until many centuries later, with the advent of Freud, Jung, psychology, and the recognition of the complexity of the human condition.  Indeed, the turmoil of human beings, especially in their interaction with relational issues, compounded in the workplace, the stresses of finance and the inability to make self-preserving decisions, often results from isolation and lack of proper guidance.  Guidance is part of the key to a release from worry, anxiety and effective decision-making.

For Federal or Postal employees who suffer from a compendium of complex medical conditions, including physical pain, psychiatric devastation from Major Depression, anxiety, panic attacks, PTSD; from profound exhaustion and fatigue; the medical condition itself may prevent one from tapping into the far recesses of one’s psyche in order to come to a proper decision on matters of great importance.

Federal Disability Retirement is an option which allows for the Federal or Postal employee to reach a point of restorative quietude away from the requirements of employment burdens, in order to seek the medical help necessary.  It does not require a standard of “total disability”, but merely one of proving that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s job.  It must be submitted to the U.S. Office of Personnel Management, and thus is not a determination made by one’s own agency.

Isolation, fear, and the dangers of misguided perspectives which arise from the dark recesses of one’s mind — they must be counteracted by having a clarity of purpose, direction, and goals which provide for a brighter tomorrow.  If the rise of psychology does not accomplish this, then what good does it portend?

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Legal Arguments

Legal precedents are a necessary part of any process, and this is no less true when filing for Federal Disability Retirement benefits under FERS & CSRS.  Some argue that legal citations and references to legal precedents are less important at the Initial Stage of the process, but such a viewpoint ignores the fact that preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS is a “process” — not merely a one-time filing.  

Indeed, the distinction is important to note, because that is precisely why the entire administrative procedure of having an Initial Stage, a Reconsideration Stage, then an appeal to the Merit Systems Protection Board, then further appeals, is available for all Federal and Postal employees.  As a “process”, while each stage is considered in a “de novo” fashion (meaning, looked at “anew” without consideration of the prior decision), the legal precedents and citations which one refers to in order to establish one’s eligibility and entitlement to Federal Disability Retirement benefits under FERS or CSRS provide the foundational justification, no matter what stage of the process one is at.  

Thus, a legal citation argued for at the Initial Stage is valid for the Reconsideration Stage; a precedential legal reference made and argued at the Reconsideration Stage is valid for the MSPB, and so on.  As such, legal arguments provide for a continuum of arguing for one’s entitlement to a benefit which the Office of Personnel Management must justify in any denial it renders.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement Application: Starting with Basics

The complexities inherent in preparing, formulating, and filing a Federal Disability Retirement application with the Office of Personnel Management, whether under FERS or CSRS, are well-documented.  It can indeed be a daunting, intimidating encounter — for, while the Standard Forms themselves (SF 3107 series for FERS; SF 2801 series for CSRS; SF 3112 series — 3112A, 3112B, 3112C & 3112D for both FERS and CSRS) are rather simple in their outlook, it is the questions which are posed, and how one answers them, which will determine the success or failure of a Federal Disability Retirement application.  

Further, the laws themselves have evolved over time into a complex compendium of technical modifications and adjustments, as various legal issues have arisen in response to different determinations and decisions rendered by the Office of Personnel Management.  

When one first approaches the possibility of preparing a Federal Disability Retirement application, a view of the entire process and procedure is helpful, but then to step back and ultimately start the meticulous formulation of a Federal Disability Retirement packet with the “basics” in mind.  What are the basics?  Proper and compelling medical documentation; a description of the essential elements of one’s job; then the proper bridge between the two.  Without the proper bridge, it will lead to nowhere.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Coming Year

For all Federal and Postal employees who are considering, or may consider in the coming year, filing an application for Federal Disability Retirement benefits under FERS or CSRS with the U.S. Office of Personnel Management, I hope that this “continuing blog” has been helpful, and will continue to be helpful. 

In the coming year, I will attempt to stay on top of any changes in the current laws, including statutory changes (if any), any new developments handed down through opinions rendered by the U.S. Merit Systems Protection Board or the Federal Circuit Courts.  One’s future is what is at stake in making the all-important decision to file for Federal Disability Retirement benefits, and I will endeavor to remain informative, and provide you with a level of professionalism which all Federal and Postal employees deserve.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Argument by Analogy

Attorneys argue “by analogy” all of the time; cases and decisions from the Merit Systems Protection Board, and language from the Federal Circuit Court of Appeals, provide the fertile fodder for such argumentation.  Thus, such issues as to whether the Bruner Presumption should apply in the case; whether a case is similar to previously-decided Federal Disability Retirement cases; the similarity of fact-scenarios and legal applications — they are all open to argument by analogy.  That is why case-citations are important — even in arguing a Federal Disability Retirement case to the Office of Personnel Management.  Whether and how much influence such legal argumentation can have at the first two stages of the disability retirement application process, may be open to dispute; but cases should never be compiled and prepared for the first or second stage alone; all disability retirement applications should be prepared “as if” it will be denied and will be presented on appeal to the Merit Systems Protection Board.  Such careful preparation serves two (2) purposes:  First, for the Office of Personnel Management, to let them know that if they deny it and it goes on appeal to the Merit Systems Protection Board, they will have to answer to the scrutiny of the Administrative Law Judge; and Second, for the Administrative Law Judge at the Merit Systems Protection Board, to let him or her know that you did indeed prepare the case well, and that your particular Federal Disability Retirement application conforms to the law, and should therefore be approved.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The First Denial

Your Federal disability retirement application was well-prepared:  perhaps it was prepared with the help of an attorney; the medical documentation seemed solidly unequivocal; the doctor made the necessary connections between one’s medical conditions and the type of essential elements of one’s job; the packet, by all accounts, should have been approved, and by all expectations, the approval should have been reasonably expected. 

Instead, you receive a letter stating that your disability retirement application was disapproved, and a “Discussion” section follows, explaining why the Office of Personnel Management denied your application.  Why did this happen?  There are multiple reasons why such a denial can occur:  the OPM specialist could be a person who lacks a clear understanding of the applicable laws governing disability retirement applications (more often than not, this is the case, and what you actually get in the so-called “Discussion” Section of the denial letter is merely a regurgitation of the statutory criteria for eligibility for disability retirement, without a recognition of the interpretation of such criteria by Federal Judges for the Federal Court of Appeals or by Administrative Judges from the Merit Systems Protection Board); it could be as simple as the OPM representative selectively choosing to read the medical reports and records, and disregarding or ignoring supportive portions of the medical records and reports; or it could be that additional medical reports and records need to be obtained in order to “shore up” the application. 

In any event, whatever the reason for the denial, one should not panic.  It is merely one step in a long, administrative process.  The mere fact that OPM denies your disability retirement application does not mean that they are “right” in doing so; indeed, in my opinion, they are rarely right.  That is why one has the right to have it “reconsidered”, and the opportunity to make further legal arguments, and obtain further medical documentation in support of your claim.  And, beyond that, you have the right to file an appeal to the Merit Systems Protection Board — and beyond.  Never give up; always take it to the next step.  In most cases, it will prove that OPM was in error, and in fighting the denial, you will have secured some semblence of financial security for your future.

Sincerely,

Robert R. McGill, Esquire