Federal Employee Medical Retirement: Deprogramming a Preconditioned Approach

The preconditioned attitude of the general public is that, if X has a medical condition, then such medical condition, by the very nature of the condition itself, will either entitle one to benefits, or not.  Such an approach is what one is conditioned to expect — that by the very nature of the medical condition itself, means that it will either lead to, or not lead to, a specified result.  This viewpoint and approach is based upon a definitional standard, where the very essence of what it means to suffer from X already predetermines whether one is eligible and entitled to benefit Y.

Social Security assumes such an approach.  To some extent, so does OWCP, because the Department of Labor is willing to pay a certain amount of compensation based upon a predetermined calculus of a percentage rating, for loss of limb, loss of use, loss of functional capacity, etc.

This is why Federal and Postal employees who first contemplate preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, will attempt to tie the fact of having a medical condition with the question, “Does this qualify me for Federal Disability Retirement benefits?”  But that is the wrong paradigm to use in asking the question.  For, eligibility for Federal Disability Retirement benefits from OPM is not based upon a definitional ascription of a medical condition; rather, it is that “third element” — the connection between X and Y, X representing the medical condition and Y standing for the positional duties which the Federal or Postal employee must engage.

In many respects, Federal Disability Retirement answers the philosophical question which David Hume asked:  Is there a necessary connection between cause and effect?  For Federal Disability Retirement purposes, the answer is a resounding “yes”.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Regardless

It matters not for a bureaucracy, as to which Party occupies the executive or legislative branches of government (regardless — and we shall refrain from irritating those linguistic perfectionists who would vociferously object to inserting the term, “irregardless”, which is a meaningless but playfully interesting word, employing a double-negative and thus leaving one with the originating root word of “regard” — the bureaucracy of any administration will proceed uninterrupted).

A recent statement foretold of a truism before and after this election:  whoever wins, one thing will be certain:  government will continue to expand, and the bureaucracy will persistently chug along.

Often, people start, stop, or continue projects, initiate necessary actions, etc., based upon what someone else decides to do or not do, by depending upon an act or event outside of one’s control.  What one must understand, however, is that the bureaucracy of any government will continue to operate, regardless of any changes at the top.

As such, for Federal or Postal workers who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is best to ignore outside, third-party actions, in preparing, formulating and filing for Federal Disability Retirement benefits.  To depend upon the actions of others outside of one’s control will only lead to frustration and loss of time.  Affirmatively prove your case, and file when it is time to file.

Sincerely,

Robert R. McGill, Esquire