OPM FERS/CSRS Disability Retirement: Approaching a Reconsideration

The proverbial definition of insanity is to engage in the same repetitive activity with the expectation of receiving a different result.  While such a definition may not provide a clinically accurate or legally acceptable formulation, it does implicate the chaotic character and the futile act of responding in a particularly fruitless manner.

For Federal and Postal employees who have attempted to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, and have received an initial denial, the process of having OPM reconsider one’s case must be approached in a 2-tier manner:  First, one must meet the “deadline” of filing for Reconsideration with OPM within thirty (30) days of the denial, or upon receipt of the denial (although, to be on the safe side, it is best to use the former date as opposed to the latter);  next, with the box checked to indicate submission of additional medical documentation, to then gather, prepare, compile and submit additional medical evidence within thirty (30) days thereafter, unless a further extension is needed and requested.

However, one should also understand that in an OPM Reconsideration case, it will not be the same Case Worker who will review the case, but it will be reviewed thoroughly by someone else as if it had never been previously reviewed. As such, there is the confounding conundrum of a dual anomaly: The First Case Worker who issued the denial based the denial upon certain specific points; yet, what the First Case Worker denied the case upon, may have no bearing upon what the Second, Reconsideration Case Worker will evaluate the case upon.

What does one do? Whatever one’s answer is to this complex conundrum, do not engage in the proverbial act of insanity; better to get some legal guidance than to spin one’s wheels in an insane world of futility.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Guidance and the Void

Questions in life always abound; those who ask few, if any, questions, either retain an abundance of knowledge, are wanting of care, or merely meander through life in a muddle of marginality.

In enduring the administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, questions concerning the entire bureaucratic process are never fully answered at any stage of the process.  The void of clear, concise and definitive answers are often deferred — whether because of OPM’s actions, one’s own agency actions, or because the context and timing of the question must betray the patience of an immediate answer.

Guidance throughout the process is invaluable.  Remember — ultimately, Federal Disability Retirement is a legal process; yes, it is the filing of government standard forms; yes, it is “administrative” in nature, inasmuch as the benefit applied for must be submitted through an administrative agency — the U.S. Office of Personnel Management.  But whenever there are rights to have a “case” reconsidered; whenever that administrative “filing” may require an appeal to the U.S. Merit Systems Protection Board; whenever “anything” of such a nature is or may be required — it constitutes a legal process and procedure.

For a legal process, one normally requires legal guidance.  The void of legal guidance of those who have tried it without an attorney, is palpable.  Of course, guidance is separate from wisdom; and wisdom is differentiated from the mere providing of information — often of error.  Seek the proper guidance, and keep out of the void.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Appropriate Times

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one of the issues which every Federal and Postal employee must consider is whether to hire an attorney.

“What kind” of an attorney to hire is a fairly self-evident proposition — one that specializes (exclusively) in Federal Disability Retirement law, or at the very least, whose practice involves a significant amount of Federal Disability Retirement legal practice.  Most local attorneys have no idea about Federal Disability Retirement, and indeed, the location of the attorney is irrelevant, precisely because it is a Federal issue, and not a State one, and everything must ultimately be forwarded to the U.S. Office of Personnel Management, anyway — initially to Boyers, PA, then on to Washington, D.C.

“Whether” to hire an attorney is a more relevant issue.  As everyone believes that his or her own case is a slam-dunk case (because of the difficulty of bifurcating the subject of the Federal Disability Retirement application — the very “I” who is suffering from the medical condition itself — from the “object” of the Federal Disability Retirement application — the person of whom one is speaking about in medical reports, Supervisor’s Statement, etc.), it is often important to obtain a more “objective” assessment of the efficacy, objectivity, and coherence of descriptive delineation of the packet as a whole, from someone who can properly evaluate a Federal Disability Retirement application.

“When” to hire an attorney is also a crucial issue to confront; for, if one has already submitted a Federal Disability Retirement application, it is probably not a good idea to obtain the services of an attorney at that point.  It is best to put the investment in at the “front end” of a process, than to play catch-up for the remainder of the season.

That is what the Baltimore Orioles do each and every season — fail to put the necessary investment in at the beginning of each season — and that is why it is a hardship to be an Orioles fan.  Sigh.  But Spring brings new hope — only, not if you are an Orioles fan.

Sincerely,

Robert R. McGill, Esquire