CSRS & FERS Medical Disability Retirement: Insipience

The thread of differentiation and conceptual distinction can be based upon a mere sliver.  In practical life, pausing a moment because a person forgot his or her keys, can result in avoiding a chain of events terminating in causal calamities, merely because the time differentiation as a consequence of the slight delay allows for time to alter the historical ripples of cause and effect.

Words and conceptual distinctions can have similar minutiae of differentiations.  Linguistic gymnastics and elasticity aside, the word “insipience” conveys a meaning of being foolish and lacking of wisdom.  Changing a single consonant, and instead transforming the word into “incipience”, suddenly alters the concept into one encompassing origination and beginning stages.  Upon closer inspection, however, such a singular change of a consonant resulting in a radical alteration of meaning explodes with a recognition that the two are closely related: That which is in its beginning stages is often lacking of wisdom, precisely because little or no thought or reflection has been allowed.

That is precisely why the beginning stage of a process is so important — because it lays the foundation for all that follows. For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to impact one’s capacity to perform the essential elements of one’s job, the importance of beginning the sequential procedure of formulating an effective Federal Disability Retirement application cannot be overly stressed.

Federal Disability Retirement is a submission which is reviewed by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.  As such, the reviewing process is accomplished be an agency separate and distinct (in most cases) from the one the Federal or Postal employee is employed by.  The early stages of formulation and preparation in a Federal Disability Retirement application will provide the necessary and important foundation for the successful outcome of a Federal Disability Retirement case.

It is thus the incipience of formulating and preparing a Federal Disability Retirement application, which will determine whether or not the outcome will be insipient, or not.

Sincerely,

Robert R. McGill, Esquire

 

Federal OPM Disability Retirement: The Mistakes People Make

The greatest mistake of all is to “assume” X or to “presume” Y; and this is not uncommon, precisely because the wording of the Standard Forms as presented on SF 3112A (Applicant’s Statement of Disability), which is the central basis upon which a Federal Disability Retirement application is formulated (both for FERS as well as for CSRS employees), makes it appear as if obtaining an approval from the U.S. Office of Personnel Management is merely a pro forma activity.  

And, indeed, many have informed the undersigned attorney that Human Resources’ personnel at various agencies will understate the scrutiny which OPM will apply in reviewing and evaluating a Federal Disability Retirement application.  

The problem with H.R. Personnel dismissing the arduous and meticulously scrutinizing administrative process as applied by the U.S. Office of Personnel Management, is that such underestimation is barely acknowledged when a denial is received from OPM on a Federal Disability Retirement case.  All of a sudden, the Human Resources personnel put up their hands and state, “It’s not our responsibility”, when all along they had been insisting as to the ease of the process.

No, it is true — it is not the ultimate responsibility of the Agency or its Human Resources Department.  Yes, it is also true that any application for a Federal Disability Retirement is the responsibility of the individual applicant.  As such, because responsibility falls squarely (why, by the way, is it “squarely“, as opposed to “triangularly” or “circularly”?) upon the Federal or Postal Worker, it behooves one to take the entire process seriously, and to invest the proper time, attention, and expenses needed, to do it right “the first time”.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Common Mistakes

There is of course the old adage (and old “sayings” are neatly formulated, refined over time, and revised and updated for applicability and relevance to the significance of the current times), stated in its variety of forms, that those who fail to study history, are condemned to repeat it.  But what if the historical repetition of such foolhardiness results because of the disparate nature of history, scattered among thousands, and never based upon a common essence from which all can draw?

A corollary of the previous words of wisdom is the following (made up by this author):  Historical mistakes repeat themselves because everyone believes that he or she is smarter than the ones before.

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, common mistakes abound, and repetitively reveal themselves throughout the process.  Writing to preempt what one thinks a Supervisor will state or not state; listing every medical condition without prioritizing the impact upon one’s inability to perform the essential elements of one’s job; writing long, meandering narratives; including “red flag” concepts such as “hostile work environment“; simply giving to the doctor the 3112C with the return address of one’s Human Resources Department at one’s agency; and multiple other such follies.  Yet, such mistakes are not only common; they are to be expected.

The administrative process of Federal Disability Retirement is constructed to appear “simple”.  The questions asked on the standard forms appear straightforward, if not cleverly uncomplicated in their very formulation.  Yet, the laws which govern the benefit identified as “Federal Disability Retirement” is amassed in a compendium of statutes, regulations and case-law, all of which have evolved in interpretive significance over many years.

History does repeat itself; for Federal and Postal employees who are contemplating or have initiated the filing of a Federal Disability Retirement application, whether under FERS or CSRS, the age-old adage concerning history not only confirms the truth of such a saying, but reinforces it daily.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Mistakes Made

There is obviously an assumption to be made that if a case is denied at the initial stage of the process of filing for Federal Disability Retirement benefits under FERS or CSRS, that a “mistake” must have been made.  The mistake, then, is given an opportunity to be “corrected” at the Second, or Reconsideration Stage, of the Federal Disability Retirement process.  Further, if the mistake is not properly corrected, or corrected to the satisfaction of the Office of Personnel Management, and it is again denied — at the Reconsideration Stage of the process — then there is the cumulative assumption that further mistakes were made in the application.  Just as success distinguishes between winners and losers, the general assumption is that a denial by the Office of Personnel Management means that there was something inherently wrong with the Federal Disability Retirement application at its inception. 

Yet, if this were true at each turn, for every case, then there would never be a case where, at the Third Stage of the process, in filing an appeal to the Merit Systems Protection Board, that the Representative from the Office of Personnel Management would not reverse a denial and grant the disability retirement after listening to the legal arguments made by the attorney for the applicant.  Many times, it is the pointing out of overlooked aspects of a case which makes the difference between an approval or a denial — and not necessarily something that is inherently wrong, or that a “mistake” was made.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Legal Arguments

Whether and to what extent legal arguments in Federal Disability Retirement cases under FERS or CSRS should be made, should rarely be ventured into by non-lawyers.  The boundaries of legal arguments are naturally constrained for lawyers both internally and externally:  internally, because (hopefully) lawyers are trained to recognize that maintaining the integrity of legal precedents is vital to the process, and externally, because all legal arguments are ultimately subjected to the review of a Judge — in the case of administrative laws governing Federal and Postal Disability Retirement, at the first instance by the Administrative Judge at the Merit Systems Protection Board, then potentially at the Federal Circuit Court of Appeals.  When laymen attempt to make legal arguments, there is the added danger of misinterpretation and mis-application of the law, which can further injure the chances of an Applicant filing for Federal Disability Retirement benefits to obtain an approval.  And, finally, such chances for success may be further damaged if it needs to come before an Administrative Judge for review.

Sincerely, Robert R. McGill, Esquire