Federal Disability Retirement: The Rarity of the “Clean” Case

“Clean” cases are those which need no further elucidation. Like events and documents which speak for themselves, the clean case in a Federal Disability Retirement application, as in other sectors of legal encounters and adversarial processes, requires little, if any, explanatory addendum.

It is a rarity for two primary reasons:  First, because life itself defies a linear, uninterrupted sequence of events which follows along the parallel universe of administrative rules and regulations, and second (and probably more importantly and certainly problematically) because most people are unable to distinguish between an objectively clean case, and one which — because of one’s personal and subjective involvement in one’s own case — merely appears to be less embroiled than others with potential problems.

The Federal or Postal Worker who is preparing one’s own Federal or Postal Disability Retirement application, is the same person who suffers from the pain or psychiatric illness which is the foundation and basis of one’s claim.  As such, because the private world of medical disability is the identical consciousness which must prepare, formulate and present one’s Federal Disability Retirement application, whether under FERS or CSRS, to the U.S. Office of Personnel Management, it is difficult to make an objective, unbiased assessment of one’s own case.

The one who “feels the pain”, believes that one’s own pain is in and of itself persuasive to others as to the extent and severity of that pain.  That is why the truly “clean” case is a rarity; it exists mostly in the minds of those who believe in their own suffering.  The rest of the world, however, has little empathy for the suffering of others, and the systematic, bureaucratic volume of denials in Federal Disability Retirement applications is a testament to the harsh reality of the world in which we occupy.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Problem of Conformity as a Thoughtless Process

The bureaucratization of society becomes a problem when conformity to a standardized process results in thoughtless action.  We have all seen scenes from movies, or read stories or books, of the proverbial drone-like monologue, shown in cinematographic hues in monotony, of emotionless workers who robotically stamp papers and call out, “Next!”.

To some extent, preparing and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, requires such conformity.  The standard forms themselves (SF 2801 series for CSRS employees; SF 3107 series for FERS employees; and for both CSRS and FERS employees, SF 3112 series) require a foundation of such conformity.  And while continuation sheets and attachments are not prohibited (yes, the double-negative in grammar means that it is a positive, and you may do what is proposed), it is nevertheless constraining when one is putting together a Federal Disability Retirement application.

On the other hand, standardization provides for uniformity and ease of information.  If everyone just submitted his or her own version of selective information and sent it in to OPM, there would be greater chaos than there already is at the singular agency which processes all Federal Disability Retirement applications.

Thus, conformity to standardized procedures can be a good thing.  The problem, however, is when such conformity leads to thoughtlessness — and, in a Federal Disability Retirement process, one should expect to encounter such bureaucratic mindlessness.  This, too, must be dealt with; and sometimes the need to use legal authorities as a sword, and not merely as a shield, is the only way of effectuating a required response.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement: Answering the Question Is Merely the Beginning

The question itself is obviously the starting point; however, whether answering the question is enough, presents a greater problem.

In any arena of law, the wider context of legal requirements will include the statutory authority upon which regulations and standard governmental forms are based upon; then, there are case-law opinions of judges — in the area of Federal Disability Retirement, this would include the administrative opinions of the Merit Systems Protection Board, both at the Hearing level, as well as from a Petition for Full Review; and further, Court opinions from the U.S. Court of Appeals for the Federal Circuit.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must obviously complete multiple Standard Forms. Chief among the forms is the “Applicant’s Statement of Disability“, or otherwise identified as SF 3112A.  There are multiple questions requesting information about one’s medical condition and the impact upon one’s ability/inability to perform the essential elements of one’s job.  The questions may seem straightforward enough; the answers can be; but the greater conundrum is whether completion of answers to such questions will be adequate in proving, by a preponderance of the evidence (which is the legal standard in meeting the adequacy of proof in a Federal Disability Retirement application, whether under FERS or CSRS) one’s eligibility for Federal Disability Retirement benefits.

It is precisely because there is a greater context of legal expansion in the laws governing Federal Disability Retirement, that merely answering the questions represents a beginning point.  In other words, we meet head-on the age-old distinction between that which is necessary, as opposed to what constitutes sufficiency in order to satisfy the criteria.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Danger of the Sure Thing

The danger of any “sure thing” is that, aside from the potential reversal of fortune if the assumed certainty fails to come to fruition, the acceptance of the claim of certainty in and of itself undermines the motivational factor in the very process of attempting to reach a goal.

A recent article in the New York Times told of another high school basketball prodigy who was “destined” for greatness in the NBA, only to descend into the ranks of the “has-beens” and those who had “great potential” but somehow never realized and actualized such potential greatness.  Rare is the Lebron James in any walk of life; rarer still is the one who recognizes the distinction that a “sure thing” becomes a certainty only on the precondition that one must vigilantly ascertain and safeguard such certainty of outcome.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often a misguided view that one’s own particular medical condition is so serious, and so debilitating, that it is a “sure thing” in the approval process with the U.S. Office of Personnel Management.

Yes, there are rare cases where the identity of the medical condition is such that it warrants an automatic approval from OPM; but such cases are few, and that is why we refer to them as cases of certainty.  The problem often rests in the fact that the sufferer of the medical condition is the same person who attempts to be a proponent of the Federal Disability Retirement application.

Certainty is clouded by judgment; when it’s your own horse in the race, one wants to judge a certainty.  When that horse is not only one’s own, but moreover, the person himself/herself is in the race itself, then a clouded judgment becomes a misguided view of how the world operates.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Slam-Dunk Case

I have represented more people at the Reconsideration Stage of the Federal Disability Retirement process for FERS & CSRS employees, of Federal and Postal employees who filed the initial application on his or her own because it was thought that it was a “slam dunk” case.

That is the problem with the slam dunk case — either the individual thinks that the medical evidence is so overwhelming that little or no effort needs to be expended in order to obtain an approval from the Office of Personnel Management, or if some minimal effort is engaged in, then the problem must be that the people over at the Office of Personnel Management either did not understand the seriousness of the medical conditions, or they misread X or Y, or some other such reason.

The real problem is that there are few, if any, slam dunk cases.

Inasmuch as the applicant who is filing for Federal Disability Retirement benefits personally feels the pain, discomfort, and debilitating nature of the medical conditions from which he or she suffers, therefore it is often (wrongly) assumed that the same feelings can be imparted upon the person reviewing the Federal Disability Retirement application.

One must always keep in mind, however, that a Federal Disability Retirement application under FERS or CSRS is a paper presentation.  As such, the effort of compiling, arguing, persuading and explaining must always be engaged in.  There are no such cases as slam dunk cases.  If there are, I haven’t recently come across one.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits: Forms & the Total Picture

Ultimately, it is the difficulty of encompassing and coordinating all of the administrative details which boggles the mind when one is confronted with filing for Federal Disability Retirement benefits under FERS or CSRS.  To have a medical disability is hard enough; to then have to wade through the Federal Disability Retirement multiple forms and to coordinate the necessary evidence, documentation, paperwork, and delineation of facts, circumstances and bridging the connection to the essential elements of one’s job — the totality of the picture, coordinated in a rational, understandable and coherent picture, such that the application as presented to a stranger at the Office of Personnel Management:  that is the art of putting together a Federal Disability Retirement packet

As I often tell clients and potential clients:  If you believe that filing for OPM Disability Retirement is merely a matter of filling out the forms, don’t hire a Federal Disability Attorney.  Anyone can fill out forms.  It goes well beyond that; it is the coordination of the details, facts, circumstances, the coalescing of medical opinions with descriptive interpretation, and conveying a word-picture which, in its totality, is true and fits the person’s actual human condition.

Sincerely,

Robert R. McGill, Esquire