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

OPM Disability Retirement: The Non-nexus

Meeting an adequacy test may constitute sufficiency for some purposes, but not for others.  Thus, it may be enough in completing an FMLA form to have a diagnosis, along with answers to other questions on WH-380-E.  But mere identification of a medical condition via a diagnosis, along with a description of symptomatologies will not be enough to meet the sufficiency test in a Federal Disability Retirement application.

People often assume that having a medical condition in and of itself sufficiently explains the severity of one’s condition, and any implied “blank spaces” can be filled in by the mere existence of such a medical condition.  But Federal Disability Retirement, whether under FERS or CSRS, filed through, reviewed by, and approved or disapproved by the U.S. Office of Personnel Management, must be proven by a preponderance of the evidence that the medical condition itself prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.

As such, the identification and description of a medical condition fails to comply with the adequacy standards in proving eligibility for Federal Disability Retirement benefits.  One must establish, through the conduit of a medical professional, the “nexus” or “connection” between one’s identified medical condition and the inability to perform one or more of the essential elements of one’s job.

The weight of the proof is upon the Federal or Postal applicant.

The foundation of such evidence begins with the identified medical condition, but in and of itself, it is a non-nexus — until it is squarely placed in the context of one’s official position and the duties required by one’s duties.  Thus, the non-nexus become the nexus-point when combined with the identification and description of one’s positional duties.

It is this realization of the step-by-step sequence of proof which constitutes adequacy and sufficiency of evidence, and one of which the Federal or Postal applicant for OPM Disability Retirement benefits must be aware.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: In Life, the Pragmatic Trumps the Theoretical

In administrative and other processes, as in life generally, there are issues which on a theoretical level would seem to work; but when tested in the “real world”, somehow the perfect paradigm suddenly disintegrates.  Thus, one may ascribe a series of seemingly logical propositions, each in their independent and isolated delineations apparently stand strong and without a flaw; but somehow, in their linear progression of dependence, one upon the previous one, the linkage itself may be the determining factor.

Thus the old adage:  An X is only as strong as the weakest link.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee may lay out a plan of attack which, on its face, may appear sound and credible; but as experience in anything constitutes the crux of everything, so the first-time experience of thinking that one’s own case is a “slam-dunk” case because the “pain I feel” is so excruciating that there is no way that OPM could do otherwise than to approve my case, may be that weakest link.

Think again.  OPM deals with thousands of such cases; your particular case, as the unique case singularly known by you, is essentially a mere theoretical example of countless other such cases.  The pragmatic reality of the Federal bureaucracy is what one must ultimately face; again, as in life in general, the practical aspects of an engagement rules the day.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Burden

Ultimately, a Federal Disability Retirement application is a paper-presentation to the U.S. Office of Personnel Management.  Yes, yes, we are entering into a “paperless” technological society, and that is fine; but by “paper presentation” is meant in a generic sense, that the proof necessary to obtain eligibility and entitlement to a Federal Disability Retirement benefit, must be presented in a format which is readable, comprehensible, and coherent — whether on a computer screen or in paper format.

The burden of providing such proof is upon the “applicant” — the Federal or Postal employee who is attempting to obtain Federal Disability Retirement benefits.  That “burden” is both a legal one, as well as a regulatory one.  There are different levels or requirements of what constitutes proof, depending upon the requirements of what must be proven.

In a general sense, one can assert that all that is necessary in a Federal Disability Retirement case is to gather together one’s medical records, wrap them in a secure bundle, and forward them to the U.S. Office of Personnel Management.  Will such an approach “prove” one’s Federal Disability Retirement application?  It might — depending upon the seriousness of one’s medical condition, and whether the Disability Retirement Specialist assigned to such a case will take the time to infer and imply.  But to make an inference, or to expect an implication to be discerned, takes an unnecessary chance at misunderstanding, failure, and the unwanted “denial”.

Instead, the better approach is to explicitly explicate.  Always remember that 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 a difference between suffering from a medical condition, and proving that the medical condition prevents one from performing one or more of the essential elements of one’s job.  It is the latter which is necessary to be approved for a Federal Disability Retirement benefit.  As to the former — while an unfortunate circumstance — it is not enough to suffer to prove one’s case.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Veil of the Self-evident Case

A veil is an article of clothing which hides part or all of a person.  It is worn with the intention of concealing.  The history of Western Philosophy, from the time of Plato to the 20th Century writers such as Heidegger, is one encompassing the tension between reality and appearance, of concealment and revelation; in its simplest form, a struggle between truth and falsity.

Studies in psychology have shown how people often see what they desire to see, and self-justification is a force within man’s psyche which allows for actions beyond the moral sphere to be engaged in; for it is man who makes the law, and can provide the linguistic elasticity of rhetorical flourishes in order to abide by them.

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 often the case that the Federal or Postal worker has entirely convinced and persuaded him or herself that one’s own Federal Disability Retirement application is “self-evidently” an eligible case.  But clearly there is a distinction between an “eligible” case and one of “entitlement”, where the former must be proven, and the latter merely applied for.  As to the former, in a Federal Disability Retirement application, one must prove by a preponderance of the evidence that one fits into the latter category.

Remember that a “veil” can do more than one thing — yes, it can conceal, but it can also deceive, and self-deception can be the result of placing a veil over one’s eyes.  For, as a veil can conceal from the perspective of the “other”, so it can hinder the viewpoint of the person it conceals.

The necessity of objectivity in preparing and formulating a Federal Disability Retirement application is almost always without question.  The fact that the Federal or Postal employee experiences the medical condition is not the basis for an automatic approval from OPM; far from it — it is the ability to prove a case which must be the deciding vehicle of a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: The Easy Case

Life presents conundrums; puzzles exist to be solved, but few attempt to understand the foundational precepts which need to be discovered and applied; ergo, Aristotle remains an esoteric author of antiquity, to be rediscovered and in whom delight approaches an enduring mystery.  In every endeavor of that vast designation identified as “life”, difficulties abound, challenges confront, and obstacles confound.  One hears about the “easy” life, how X has it so “comfortable”, and the proverbial, “if only I…”

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one often hears about the “easy” case — it proves itself; the evidence is so overwhelming that…

Take the following hypothetical:  X has an OWCP case approved; Second opinion and referee doctors all state that X cannot return to performing one or more of the essential elements of one’s job; additionally, SSDI has been granted; and on top of everything else, the agency has removed X from the Federal or Postal rolls, based upon one’s “Medical Inability to perform the essential elements of his/her job.”

As Federal Disability Retirement cases go, this may constitute and possess elements which most would consider a “sure thing”.  Easy case?  What is missing?  As to the first question, the answer is a resounding, “No”.  As to the second question, those who have inquired as to the “first principles” in Aristotelian fashion, will be able to discover the answer, and this author need not state thejavascript:; obvious.

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: Always Prepare for the Eventuality

The “cut and dry”, “slam-dunk”, “no possibility of denial” case rarely exists.  In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, the approaching attitude of humility, caution and scrupulous care for detail should always dominate, and any attitude that one’s Federal Disability Retirement application should be treated as a “given” will often backfire.  

Such an attitude, however, should be distinguished from one of confidence.  

If one has properly prepared one’s case, with scrutiny of detail, meticulous compilation of medical evidence, technical application of legal citations and attention to creating the nexus between one’s medical conditions and the positional duties of one’s job, then the Federal or Postal employee should be confident that the Federal Disability Retirement application, whether under FERS or CSRS, will be approved, whether at the Initial Stage of the administrative process, at the Reconsideration Stage of the process (both at the Office of Personnel Management), or at the “legal” forums — the Merit Systems Protection Board, the Petition for Full Review, or the Federal Circuit Court of Appeals.

What is always important throughout the process — whether with an attitude of confidence, humility, or even arrogance — is to prepare the foundation for each stage, with an eye towards the next stage.

Thus, careful preparation — of thoughtful and concise legal citations and arguments — are not necessarily for the “present” stage, but always for the future.  For, everything that one does in life should always contain an ingredient of preparation for the future, and for a future eventuality; preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS is no different.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Basic Elements

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important for the Federal and Postal worker who is contemplating filing for such benefits to keep in mind certain basic elements before engaging in the entire process:  

First, it is a long and arduous process, involving multiple stages (potentially) and requiring a great amount of patience.  

Second, the Federal or Postal employee should mentally expunge from one’s mind any view that Federal Disability Retirement is an entitlement — it is not.  The conceptual distinction between an “entitlement” and a “benefit” should be clear from the outset.  The former requires one to simply satisfy certain requirements in order to obtain the benefit; the latter requires that one prove all of the legal criteria, and submit evidence showing that one is eligible by a preponderance of the evidence.  The former requires nothing more than meeting certain basic requirements, which are normally automatic (age, for example); the latter mandates that one prove one’s eligibility.  

Third, there is almost never a “slam dunk” case, where one merely gathers the most recent medical records and reports, fills out the forms, and sends in the application.  Yes, there are certain limited cases, perhaps — i.e., of a Letter Carrier or a Special Agent who becomes bedridden — but these are rare and unique cases, and even then, it is still possible that the Office of Personnel Management will find a reason to deny such a case.  

Fourth, one must always prepare a case both for success at the First Stage of the Process, while at the same time laying the foundation for subsequent stages of the process.  

And Fifth, one should attempt to avoid inconsistencies, both internal and external, in the application, as OPM always targets inconsistencies as the basis for a denial, and likes to extrapolate and use such issues to base their denials.  

These are just some basic elements to keep in mind in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Approach

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, one should always make the conceptual distinction between an “entitlement” and an “eligible benefit”.  

Federal Disability Retirement benefits fall into the latter category.  However, because the technical distinction between an “entitlement” and an “eligible benefit” is often not made, or not thought of, the approach in preparing and filing a Federal Disability Retirement application becomes problematic and fraught with defects.  

In speaking with various Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits, one often hears the case that his or her particular disability retirement application is “a sure thing,” or that the “medical evidence shows that it’ll sail through.” 

While self-confidence is an admirable quality, approaching a Federal Disability Retirement application with the idea that the benefit is tantamount to an entitlement because of the strength of meeting the applicable burden of proof, is what is popularly referred to as, “A recipe for disaster”.

When a Federal Disability Retirement application is reviewed by the Office of Personnel Management, it is never a sure thing.  It must be carefully prepared and presented, and any amount of taking an issue or element of the application for granted is a foolhardy perspective.  

Self-confidence should arise after a good piece of work has been accomplished; and, even then, one should always be prepared to engage in a protracted battle.  After all, the eligible benefit of Federal Disability Retirement is worth fighting for, in order to secure one’s physical, mental, and financial future.

Sincerely,

Robert R. McGill, Esquire