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

Federal Disability Retirement: What Are You Trying to Prove?

The word “refrain” is an interesting one for its multifarious definitions — from restraining one’s self (a physical act of self-control) to identifying a phrase or group of phrases which are repeated throughout a verse, song, etc., the application of the word is useful by its very differences.  And, indeed, it is the differences between a Federal Disability Retirement application, whether under FERS or CSRS, from the U.S. Office of Personnel Management, from the entire administrative process of filing for Social Security Disability benefits, or obtaining a higher disability rating from the Veterans Administration, or even attempting to establish causality in a Federal OWCP, Department of Labor case — which makes all the difference.

Such a tautology and redundancy, while rather puzzling, is what must be kept in mind when preparing, formulating and filing for Federal Disability Retirement benefits.  It is indeed the differences which make for the difference.  Thus, as to the refrain, “What are you trying to prove?”, goes to the very heart and essence of the differences.  That which one is trying to prove strikes at the essence of how you will approach a Federal Disability Retirement case, distinctly and differently from what you are trying to prove for an increased VA rating, OWCP case or a Social Security Disability case.

Furthermore, normally the “shotgun” approach will not be the most effective — i.e., that approach of shooting at everything and in every direction and hoping that you will somehow hit the mark.  Federal Disability Retirement requires certain specific elements to prove, different and distinct from OWCP, VA or SSDI, and it is indeed that which one needs to prove, which will make all the difference in a case.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Applicant Tendency

An applicant or potential applicant for Federal Disability Retirement benefits under FERS or CSRS exhibits tendencies which can range on a wide spectrum of behavior, thoughts, fears, actions and reactions.  Some individuals believe that his or her application is so self-evident and self-explanatory, that all that is necessary is to obtain the medical records, list the diagnosed medical conditions on the Applicant’s Statement of Disability, file it, and…  When the Denial letter appears from the Office of Personnel Management, there is the surprise and shock, and the:  “I thought that…” 

Then, there is the other extreme of the spectrum, where there is an almost irrational fear that unless every ache and pain is detailed in long, explanatory narratives, and pages of pages of “personal experience” diary-like formatted chronologies are submitted with the packet, with tabulated references to justify each and every medical experience from two decades before until the present, that the Office of Personnel Management will deny the application.  Remember this:  It takes just as short a time to deny the first type of application as it does the second.  The Office of Personnel Management does not read through any materials which it deems “superfluous“.  Somewhere in the middle between the two extremes is normally the correct balance.  Or, as Aristotle would say, it is important to achieve the mean between the two extremes.

Sincerely,

Robert R. McGill, Esquire