The standard itself is a criteria of inherent subjectivity; and, as with everything in life, it is the power of persuasion that must be employed.
Yes, of course there are a set of minimal, foundational “basics” of proof which must be submitted: Medical documentation establishing a diagnosed medical condition; the “nexus” with one’s Federal or Postal job; but beyond, there are “negative” issues which must be “proven” — of performance which has been diminishing or deteriorating; of an “essential” element of the job that has been suffering (don’t forget that being able to come to work on a regular basis is in and of itself an “essential element”, as well); of the fact that your Federal Agency or Postal facility is unable to “accommodate” your symptoms or the disability from which you suffer; and all of this to be proven by a “preponderance of the evidence”, which can vary in spectrums of subjectivity that must be taken into account.
For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits under FERS, the proof of the case is many and varied, and you should consult with an attorney who specializes in Federal Disability Retirement Law, lest the proof of the case falls short of what it takes to meet the eligibility criteria of a Federal Disability Retirement case.
Sincerely,
Robert R. McGill, Esquire
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FERS & CSRS Disability Retirement: The Adaptable Criterion
If a criterion is advanced at the outset, one expects that the details of its applicability will result in a fair outcome so long as the requisite subsets are adhered to. The problem is one of generalizations, however, and the linguistic malleability of hermeneutic interpretation, and in the end, the honesty of the individual.
There may have been a time when the sin nature of man was contained, and Pandora’s box was sealed, or at least somewhat secured; but once relativism creeped into the general populace, the game of restraint was lost forever. Once, when man was left to individualistic devices, and information concerning the world was considered esoteric and reserved for the ivory towers of science and theological hoods of mystery shorn by Jesuit Orders of secrecy and cavernous enclaves of furtive whispers echoing down dark chambers in secluded corners, the application and usage of criteria demanded knowledge beyond the commonplace. Now, with Google and other search engines, everyone knows everything, or nothing at all.
For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the “trick” is to review the legal criteria, amass the information in a manner which fits the applicability for eligibility, then to “make the case” for an approval.
Is it a science? Or, more precisely, are the regulatory subsets “open to interpretation”? And more to the point: Do the Administrative Specialists at OPM adhere to the “letter of the law”, or is hermeneutics less than an honest methodology these days? Where human nature is concerned, one need not stray too far from the general knowledge of the masses.
If one has lived long enough, you know that you should always walk through the busy streets of a city with one hand on your back pocket, protecting your wallet. Pickpockets are everywhere, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the Federal and Postal worker should always be cognizant of the fact that the adaptable criterion is not the fault of the agency or the promulgators of legal standards, but merely reflects the fact that Pandora’s box was left open long ago, and the serpents of horror and dishonesty were left to roam the earth like never before.
Sincerely,
Robert R. McGill, Esquire
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