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

 

OPM Disability Retirement: Key Words, Conveyance of Information, and Satisfying the Legal Criteria

There is often a misunderstand about a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS: that the magic of linguistic compliance will bring about success, as opposed to the compilation and delineation of information needed to meet the legal criteria in a case.

There are no “magic words” or “key phrases” which the Federal or Postal applicant, the treating doctor, or the lawyer representing the Federal or Postal employee, can utilize or include in any Federal Disability Retirement packet, which will ensure or otherwise exponentially increase the statistical variances of being successful in applying for Federal Disability Retirement benefits.  Rather, the “key” to a successful filing of a Federal Disability Retirement application is to compile the necessary and required documentation in order to meet the medical and legal criteria mandated by law, in becoming eligible and entitled to Federal Disability Retirement benefits.

The difference may be somewhat subtle: on the one hand is the misguided approach of thinking that Federal Disability Retirement application-X was successful because it contained certain key phrases and elements, and thus in thinking that a regurgitation and reenactment of those phrases or elements, if used in another Federal Disability Retirement application, will result in an identical outcome.

The proper approach (satisfying the converse grammatical requirement and avoiding the necessity of saying, “on the other hand”) in opposition to the “key phrase” thought, is to recognize that each Federal Disability Retirement application-Y is constituted by unique facts and medical data peculiar to the individual case, but that in the application of those facts and data, compliance with the administrative criteria is somewhat self-reflective. Similarity, however, does not imply successful extrapolation of previously-applicable content from another Federal Disability Retirement application.

That is the mistake which is often made: One success often leads to the laziness of regurgitation; to put it crudely, one can starve by feeding upon the same food within a confined organic digestive system. In the end, a successful Federal Disability Retirement application must not rely upon prior successes, but rather, recognize the uniqueness of each set of circumstances, apply the relevant law to such peculiarities, and argue the evidence in the context of the conveyance of information meeting the statutory criteria espoused by the U.S. Office of Personnel Management in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Key Words and Phrases

In every writing endeavor, there arises over time an identification of the efficacy of certain key words and phrases.  The problem with such identification, however, is that the deliberate extrapolation and insertion of such “keys” will often lead to over usage, inapplicable repetition, and loss of effectiveness resulting from the very recognition of the centrality and importance of such words and phrases.

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 often a tendency to want to know what the “key” is to the successful outcome of a Federal Disability Retirement case.  It is like searching for the entrance to a secret passage:  we believe that if X is discovered, inserted into the proper keyhole, then the mysteries of that which we fail to understand will be opened.  But proper flow and substantive appropriateness of any medical terms must always be considered within a greater context.

Ultimately, it is not any particular word or phrase which leads one onto the path of success in a Federal Disability Retirement case; rather, it is the substantive conceptual underpinnings behind such words and phrases which matter.  Not the words themselves; nor the phrases which describe; rather, the meaning behind such words and phrases within the context of the entirety of one’s medical condition — that is the key to a FERS Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Ockham’s Razor

Ockham’s Razor is a principle of economy; in its various forms and historically evolved attributes, the formulation of lex parsimoniae involves the idea that, where there are multiple competing theories and paradigms in explaining a phenomena, issue, or working hypothesis, one should always choose the least complex delineation — the reason being, superfluous and extraneous material generally lead to complications which rarely add to the foundational essence of the paradigm.  To put it in an alternate form:  Keep it simple.

Thus, 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 important to follow the principle underlying Ockham’s Razor:  Keep to the core and essence of the case; focus upon the nexus between one’s positional duties and the medical condition which one suffers from; weave a consistent theme; check for inconsistencies; and always maintain the simplicity of the case, while avoiding and disregarding extraneous factual issues which, while they may be personally of importance or of special aggravation, should be left out because they unnecessarily complicate matters.

FERS & CSRS Disability retirement and the obtaining of an approval is the goal to focus upon; all else should fall by the wayside, cut loose by the sharp blade of Ockham’s razor.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Art of Argumentation

The Art of Argumentation is a dying form.  Watching any “debate” forum on television or the radio; viewing the Presidential debates; it has become, instead, a time of pontification, where the loudest, most vociferous voices, and those who can filibuster the time, seemingly “wins” the debate.  

For the art itself to be effective, it must be accomplished in a manner where the opponent is unaware of the subtle impact of the argument itself; it needs to be conveyed in a manner of a conversation, where persuasion is mixed within the content of a narrative.  Of course, there are numerous forms of argumentation —  a strict, logical proposition; a legal citation where one argues that the opponent has little to no choice but to abdicate a position because of what a case-law states; but in most instances, the subtleties must be observed because of the obfuscation of the circumstances and the lack of clarity of the law.  

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 to compose one’s argument as a conductor would an orchestra:  the facts, the evidence, and the law must be gathered and coordinated; streamlining should be an inherent part of the process; and the tone and tenor of the various instruments will need to be brought together into a coherent whole.  

No one likes to sit and listen to a screechy violin, no more than to listen to the drone of a tuba.  The art of an argument must bring together all of the instruments into a melodious whole, where the listener — in this case, the U.S. Office of Personnel Management — is lulled into a state of rapture, to the extent that an approval of a Federal Disability Retirement application is granted with a smile.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Simplification of a Complex Process

It is the simple things in life which provide the greatest amount of pleasure; but simplicity often conceals the underlying complexity inherent in that which merely appears so.  

The child who first observes the vivid pictures on a computer screen has little to no understanding of the complex hardware and software network interfacing which, in the long history of computer design and evolving creation of computers, resulted in the seemingly simple result, produced by a push of a button.  Thus, the complexity behind the microchip and the human endeavor which designed, created and manufactured the product is what makes for the simplicity of the complex.  

As with all other things simple and complex, Federal Disability Retirement must be approached with caution. The questions which are required to be answered on Standard Forms (SF 3107 series for FERS applicants; SF 2801 series for CSRS applicants; SF 3112 series for both FERS and CSRS applicants) may appear quite simple in form; the content of what must be provided will necessarily require a complex interaction of thought, foresight, knowledge of the law, and carefully chosen words to provide information, argument and documented evidence which proves, by a preponderance of the evidence, that the Federal or Postal worker is entitled to Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  

To compile and produce a product which appears “simple”, from the myriad of administrative complexities, is the key to a successful outcome in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  Simplicity betrays complexity; that which appears so, may not reveal the underlying and compound complexities which must be cautiously approached.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: Systematic versus Haphazard

The latter term (“haphazard”) is marked by a lack of planning, and connotes a loss of direction and depicting disorderliness.  The first term in the bifurcated title represents a purposeful and planned event; one which possesses a goal from the beginning of an initiated process, and in an ordered manner, goes about to execute that goal by taking and completing pre-planned steps in order to reach that endpoint.

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 to approach the completion and filing of a Federal Disability Retirement application in a systematic manner, as opposed to a haphazard one.  By “systematic” does not necessarily mean “sequential”, however — as in the sequence of the standard forms which one receives in a packet of governmental forms.

Thus, for instance, if one simply picks up the 3112 series of forms, it would not make sense to fill out and complete 3112A first, then to send out the Physician’s Statement (3112C) to the doctor (side note:  this author has widely, systematically, and for some great amount of time, counseled against using the 3112C because of the potential wider consequences of allowing for unfettered access by the agency to a Federal or Postal Worker’s medical records, so be forewarned) for completion.

Indeed, to do so would not make any sense:  why would one complete questions about one’s own medical condition prior to having, in hand, medical reports from one’s own treating doctors?  By “systematic” does not mean getting the forms and filling them out in as quick a time frame as possible.

While completion of a Federal Disability Retirement packet is certainly a goal, a far greater goal is to prepare, formulate (systematically), and then file — but not in a haphazard manner.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Different Approaches

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there are different approaches which one can take within the limited universe of available time which each Federal and Postal Worker possesses.

One approach is to fight every wording and each action which the agency undertakes or engages in.  A different approach is to ensure that the core and central foundation of one’s case is effective and — whether explicitly or implicitly — answers any of the collateral issues which may be brought up by the agency.

Thus, for example, if a medical narrative report effectively addresses all of the essential questions concerning a Federal Disability Retirement application, then whatever the agency attempts to argue or infer in an argument, concerning accommodations, light duty, or even adverse actions which have previously been imposed, will all become essentially irrelevant and immaterial, precisely because this is fundamentally a medical issue, and not an issue concerning who did what or tried what.

Much of what is within the purview and control of the Federal or Postal employee putting together a Federal Disability Retirement application is lost when the focus is unduly placed upon trying to correct, attack, or explain what the agency is doing.

By creating an excellent firewall of that which is within one’s own control,  the Federal Disability Retirement application that is prepared, formulated and filed by the Federal or Postal employee effectively answers anything and everything which the Agency may attempt to insert with a subversive motive.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: A Different Approach

Insanity is sometimes defined as the repetition of behavior despite evidence to the contrary.  But if that is the accepted definition of insanity, most individuals would qualify and fit into the description.  For, security of habitual repetitiveness is what often drives the individual, and the common adage of trying to “think outside of the proverbial box” is something which is not natural to man.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the repetition of OPM’s template, applied to hundreds, if not thousands, of denial letters to Federal and Postal employee applications for Federal Disability Retirement benefits, often requires a “different approach”.

Individuals who attempt to obtain a Federal Disability Retirement annuity without legal representation engage in the process at a stark disadvantage:  they leave the third rail — the legal argumentation — with a void.  For, whether the original application itself, or a response to a denial and engagement at the Reconsideration Stage, or an appeal to the U.S. Merit Systems Protection Board — being “inside” or “outside” the box, or taking a conventional approach as opposed to a “different” approach, the three rails of success must always include the medical documentation, the facts pertaining to one’s positional duties, and the legal basis for an approval.

Different approaches are fine; but regardless of which approach one takes, one must always have the foundational approach left intact, in order to build the (also proverbial) house on a solid footing, lest it fall and blow away as a house of cards.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Beginning Points

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the familiar refrain from Federal and Postal Employees, whether under FERS or CSRS, in attempting to tackle the multifaceted complexities of a Federal Disability Retirement application, is the crucial starting point of the process:  Where do I begin?

The beginning point of any process is important precisely because it determines the tone, tenor, and ultimate outcome of the Federal Disability Retirement application.  A review of a Federal Disability Retirement application, when it has been denied by the U.S. Office of Personnel Management, can often be backtracked to a beginning point in discovering an originating source of error.  On the other hand, sometimes (and more often than one would think) the so-called “error” is simply in having the bad luck of having one’s case assigned to certain OPM case workers who are less than thorough in his or her review and analysis.

In any case, it is important in putting together a Federal Disability Retirement application that one recognizes, at the very outset, those issues which are within the purview and control of one’s universe, and those portions of the Federal Disability Retirement application which are not.  Focus first and foremost upon those areas where one has either total control, or some guiding influence, and work for excellence within those parameters.

The rest is left up to fate — or, at the very least, to a good lawyer and sound legal argumentation.

Sincerely,

Robert R. McGill, Esquire