OPM Disability Retirement: Characterization of Administrative Actions

Administrative actions are a peculiar thing; from the perspective of the Agency, it will take on a certain meaning; from the view of the Federal or Postal employee, the context and underlying basis often has an explanation which is unspoken.  For purposes of how to address an administrative action in the context of a Federal Disability Retirement application, the issue often comes down to whether or not it is worthwhile to preemptively address the particular action.

Some administrative actions or sanctions can be viewed as reinforcing the medical argument in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, inasmuch as a removal based upon one’s inability to maintain a regular work schedule would tend to show that, if there are concurrent medical documentation which shows that a Federal or Postal employee was determined to be disabled during the time of one’s inability to work, then the argument obviously is that the basis for the removal merely shows that one is eligible and entitled to Federal Disability Retirement benefits.

Then, there are other agency allegations which may imply that a Federal or Postal employee’s separation from Federal service was primarily based upon a non-medical basis, and that filing for Federal Disability Retirement benefits was merely an afterthought to try and game the system.

Ultimately, whether a Federal or Postal employee wants to fight or contest an Agency action is a legal matter, and is often a separate issue from Federal Disability Retirement; sometimes, however, they intersect, and the characteristic of the impact of such intersection often depends upon how one explains it.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Discretionary Selectivity

Having the discretion to do X can have two possible meanings:  One has the power or authority to choose to make decisions; or, alternatively, one has the ability to do X, as in having the judgment and talent to discern in order to selectively choose, refrain to act upon, etc.  The two are not necessarily possessed by one and the same; i.e., the fact that a person has the power or authority to do X does not mean that such a person should, or competently could, assert such power or authority to act.

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 important for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits, to recognize that while he/she as the potential applicant, has the “discretion” to file for Federal Disability Retirement benefits, it is often unwise to be both the subject of the application, concurrently with being the object of the application, and as such, the highest recognition of discretionary selectivity is to recognize the inability to assert sound discretionary judgment, and to delegate the (applying second meaning of the concept of “discretion”) act to someone else; or, at the very least, to ask for assistance in the preparation, formulation and filing of a Federal Disability Retirement application.

In most issues of life, to be both the subject (the applicant filing for Federal Disability Retirement benefits) as well as the object (the person of whom the application itself is the primary focus of discussion in a Federal Disability Retirement application) presents a difficulty and obstacle, if only because the one suffering from a medical condition is hardly the most objective person to be describing and communicating the essence of the medical condition and its impact upon the subject of the object.

Discretionary selectivity requires the ability to approach issues in an objective manner; but when the subject (the pervasive “I”) becomes inseparable from the central focus of discussion (the “thou” or “him/her”), it is often a good idea to delegate the vehicle of communication.  This is not a matter of split personalities; it is a practical approach in order to “how” best be effective in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire