Federal Employee Medical Retirement: Back to Fundamentals

In any endeavor, concern or current focus of attention, one can become embroiled in the morass of complexities which comprise the peripheral penumbras of the issue, and disregard the fundamental essence of the matter.  In proverbial terms, it is to overlook the individual trees while viewing the generality of the forest.  So, back to basics.

In a Federal Disability Retirement application, a person who is under FERS (Federal Employees Retirement System — normally those who entered into the Federal Workforce sometime after 1985, and who have a Thrift Savings Plan and contribute to Social Security) or under CSRS (Civil Service Retirement System — pre-1985, with no TSP) may become eligible for Federal Disability Retirement benefits, but must have the following minimum eligibility criteria met: under FERS, you must have at least 18 months of creditable service; under CSRS, you must have at least 5 years of creditable service.

There is a hybrid status applicable for some, called CSRS-Offset, also.  Once that eligibility criteria is met, then the Federal or Postal Worker can take the next step in determining whether one may want to proceed, by asking the following questions: Do I have a medical condition? Does that medical condition prevent me from performing one, if not more, of the essential elements of my position? What are some of the essential elements of my position which I cannot perform? Do I have a treating doctor who will be supportive of my case (remember, this is a medical disability retirement; as such, one must be able to establish through proof of medical documentation, that the medical condition impacts one or more of the essential elements of one’s job)?

These are some of the preliminary, basic questions which should be asked and answered, in order to begin the process of determining whether Federal Disability Retirement is the best pathway for the Federal or Postal employee suffering from a medical condition, in order to manage and maneuver one’s way through the thick forest of a bureaucracy known as the U.S. Office of Personnel Management, which is the agency which ultimately receives and reviews all Federal Disability Retirement applications, whether you are under FERS, CSRS, or CSRS-Offset.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: The Pragmatic Steps

The practical aspects of every process must never be overlooked.  When an issue or procedural process appears complicated, what often happens is that people get entangled in the details of such complexity and overlook the fundamentals which support the composite of such perplexing complications.

This principle of never forgetting to take care of the essentials, is no less true in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

One can, for example, get entangled in the details of the legal interpretation of what constitutes a viable accommodation under the law, and whether or not the agency is able to offer such a proposal of accommodation.  And, indeed, agencies will often misinterpret and attempt to characterize actions on their part as constituting an accommodation (i.e., that they “allowed” the Federal or Postal employee to take sick leave, annual leave or LWOP to attend to his or her medical appointments — hardly a legally viable accommodation under the law, when all that was initiated was to allow the Federal or Postal employee to do that which he or she already had a legal right to do), and when that happens, it is up to the applicant and his/her Federal Disability Retirement attorney to point such mis-statements out to OPM.

The web of complications in the process of filing for Federal Disability Retirement benefits can be wide and perplexing; but just as a spider must prepare the threads which connect into an intricate criss-crossing of singular threads into a composite of such threads in order to effectively catch its prey, so the Federal or Postal worker wwho contemplates filing for Federal Disability Retirement benefits must carefully build his or her case beginning with the first, fundamental steps on the road to a solid foundation

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Some Basics

Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is an administrative process which one must undergo if a Federal or Postal employee is medically unable to perform one or more of the essential elements of one’s position.

It is a benefit which is accessible only if proven; and proof must meet the legal standard of “preponderance of the evidence“, through a tripartite methodology:  Evidence of the existence of a medical condition; the nexus of that medical condition impacting upon one’s ability/inability to perform the essential elements of one’s job; and that such a medical condition(s) cannot be legally accommodated by the agency such that the Federal or Postal employee can perform all of the essential elements of the Federal or Postal job.

While the Federal or Postal employee has up until one (1) year from the date of separation from Federal Service to file for Federal Disability Retirement benefits, the proof of when the nexus formed between one’s medical condition and the impact upon the position of one’s Federal Service, must have occurred during the Federal Service.

These are just some basics of Federal Disability Retirement law; the complexity, of course, resides in the details, and it is always the details which provide the fodder for an OPM denial.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Always the Basics Matter

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 always instructive to remind one’s self that the focus of any application should be placed upon the basic components of a Federal Disability Retirement application, and once that focal point is embraced, to reiterate and reinforce that aspect of the Disability Retirement application.

Often, when one requests and receives a blank packet of information, including all of the Standard Forms, instructions, financial forms and life insurance forms, etc., to fill out and complete, the sense of being overwhelmed can easily defeat a Federal Disability Retirement application at the outset.

There are multiple personal questions; information requested on military service, on receipt of OWCP benefits; then the complexity of the queries focuses upon those rather simple but “tricky” questions concerning Agency actions, about whether one has “requested” an accommodation; to describe one’s medical conditions, etc.  How a question should be answered is indeed crucial in the successful filing of a Federal Disability Retirement application; whether the answers given should be consistently coordinated with other answers provided is equally of importance.

Ultimately, the basic components of a Federal Disability Retirement application embrace the relationship between the medical condition suffered, and the impact upon one’s positional duties required to be performed.  But, inasmuch as it is not the Agency of the Federal or Postal employee who makes the decision concerning an OPM Disability Retirement application, but the U.S. Office of Personnel Management, it is important to understand that while the answers given involve the actions of the relationship between a Federal and Postal employee and one’s agency, it is ultimately people outside of the agency to whom such answers must be directed.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Always Stick to the Basics

If one’s thoughts advance too far beyond the practical application of what one is engaged in, often the complexity initiated by the human mind will disproportionately put out of balance the reality of a requirement as opposed to the endless possibilities ventured by the human imagination.  

In preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, it is often counterproductive to reflect too extensively upon the various standard forms which must be completed.

Yes, the forms are confusing, create unnecessary consternation, and need correlation and cooperative coordination between them in order to produce uniformity and consistency in a Federal or Postal Disability Retirement application.  

Yes, it is precisely the inconsistencies, the internal and external contradictions (whether apparent or real, substantive or peripheral) which the Office of Personnel Management focuses upon in justifying a denial of a Federal Disability Retirement application.  

Nevertheless, it is more often than not the undue focus upon the potential complexities of the standard forms, the rumination upon potential consequences not yet actualized, of questioning, well, what is it that this question is really asking for?  Do they want me to include X, as opposed to Y?  Will it hurt my case if I say B, instead of including C, D & E?  Am I required to include everything, or will it be counted against me if I leave it out?  

Such questions are a natural part of preparing and formulating a Federal Disability Retirement application under FERS or CSRS.  If such ruminations result in an inability to proceed and advance forward, it might be time to contact someone who specializes in preparing FERS & CSRS Federal Disability Retirement applications.

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

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