OPM Disability Retirement: Fairness

“Fairness” is a difficult concept to set aside, even when it is in the best interests of one to do so.  The underlying list of supporting reasons may be many — that the Agency engaged in acts X, Y & Z; that the Agency or named Supervisor did certain things, etc.

In a Federal Disability Retirement case, it is often not a good idea to focus upon issues of fairness.  In representing clients, my focus is upon proving by a preponderance of the evidence that a Federal or Postal employee is eligible and ultimately entitled to receiving Federal Disability Retirement benefits under FERS or CSRS.

Issues of agency actions; whether a Federal or Postal Worker was treated “fairly”; whether the National Reassessment Program is “fair”; all of these issues become peripheral, and sometimes harmful to the process of filing for and obtaining Federal Disability Retirement benefits.

To paraphrase an old adage, it is my job to keep that which is central to the issue, my center of attention, and to sweep aside the superfluous as just that —  distractions which should not be allowed to impede or otherwise impact the purpose of the entire process:  to get an approval from the Office of Personnel Management for one’s Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Determining Peripheral Issues

It is important in preparing a Federal Disability Retirement application to make the distinction between essential, substantive issues which will need to be addressed, and those issues which should be deemed “peripheral”.

The substantive issues should be those which go to the “heart” of your case (i.e., the medical disabilities; the impact upon the work; sometimes, the issues concerning medication regimens and treatment modalities, etc.).  The peripheral issues are those which will not only detract from the essential issues, but also some which may, if focused upon too prominently, derail a Federal Disability Retirement application.

Further, a potential applicant for a Federal Disability Retirement must have the wisdom and discernment to sometimes leave an issue alone.  Perhaps an issue is brought up by a Supervisor in a Supervisor’s Statement, or in the SF 3112D concerning an accommodation issue; or perhaps it is brought up on an SF 50.  In any event, remember the general dictum that if a person protests an issue too vehemently, it may bring the attention and focus of the Office of Personnel Management upon an issue which otherwise may have been ignored.

Such approaches in determining peripheral issues from substantive issues are made in the course of filing for Federal Disability Retirement benefits, based upon experience, wisdom, and discernment.

Sincerely,

Robert R. McGill, Esquire