Federal Disability Retirement: In Life, the Pragmatic Trumps the Theoretical

In administrative and other processes, as in life generally, there are issues which on a theoretical level would seem to work; but when tested in the “real world”, somehow the perfect paradigm suddenly disintegrates.  Thus, one may ascribe a series of seemingly logical propositions, each in their independent and isolated delineations apparently stand strong and without a flaw; but somehow, in their linear progression of dependence, one upon the previous one, the linkage itself may be the determining factor.

Thus the old adage:  An X is only as strong as the weakest link.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee may lay out a plan of attack which, on its face, may appear sound and credible; but as experience in anything constitutes the crux of everything, so the first-time experience of thinking that one’s own case is a “slam-dunk” case because the “pain I feel” is so excruciating that there is no way that OPM could do otherwise than to approve my case, may be that weakest link.

Think again.  OPM deals with thousands of such cases; your particular case, as the unique case singularly known by you, is essentially a mere theoretical example of countless other such cases.  The pragmatic reality of the Federal bureaucracy is what one must ultimately face; again, as in life in general, the practical aspects of an engagement rules the day.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: How One Perceives a Case

How one views a case often determines the approach which is undertaken.  Thus, if the belief is that preparing, formulating and filing for Federal Disability Retirement benefits is merely a simple administrative process which requires the compilation of the medical documentation, answering some questions and filling out some forms, then such a belief will determine the extent of preparation of a Federal Disability Retirement application.

The other side of the perspective, however, is held by the U.S. Office of Personnel Management.  OPM views every Federal Disability Retirement application based upon a multitude of criteria:  legal sufficiency; consistency of statement-to-evidence; weight of medical documentation; analytical comparison to what the agency states; a review of the composite of forms, documents and statements made, etc.

Is OPM’s approach an adversarial one?  One often hears that such administrative and bureaucratic processes are “non-adversarial” in nature, but what exactly does that mean?  If the perspective of the Office of Personnel Management is to apply a legal criteria in order to determine the legal sufficiency of a Federal Disability Retirement application, doesn’t that make it into an adversarial process?

Euphemisms are invaluable tools in the utilization of language as a means of communication; but words ultimately must have a static meaning — at least for the duration of the sentence to be uttered.  That being the case, one must conclude that how one perceives a case should be based upon the meaning of language used in describing the case; and the meaning is quite clear in preparing, formulating, filing, and awaiting a decision of a Federal Disability Retirement application from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Medical Conditions

In filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to note that the Office of Personnel Management will often argue that the mere fact that a person suffers from a medical condition is not in and of itself a basis for granting disability retirement benefits.  So far as such a statement goes, the Office of Personnel Management is correct on the laws governing the eligibility criteria for Federal Disability Retirements (which is rare in and of itself).  Having a medical condition is not a sufficient cause in granting a Disability Retirement benefit.  As it is often argued in the world of philosophy, it is a necessary cause, but not a sufficient one.  In other words, one must indeed suffer from a medical condition (it is thus a “necessary cause”); however, suffering from a medical condition is not sufficient in and of itself to qualify for Federal Disability Retirement benefits under FERS or CSRS (it is not a “sufficient cause”).  One must, beyond having a necessary cause, prove that the medical condition is also the source and impact upon one’s inability to perform one’s job.  Thus, to the limited extent of its truth, suffering from a medical condition is indeed insufficient to obtain an approval from the Office of Personnel Management; it is not “proof enough” in and of itself.

Sincerely,

Robert R. McGill, Esquire