Medical Retirement for Federal Workers: How We Go about Preparing a Case

The end product of a case — how it reads; the coordination of the facts, statements, allegations, and citation of law, etc. — reflects the process in which one has undertaken in order to arrive at that endpoint.  

Some cases present themselves like a compilation of bumps and potholes; others, as if a roadmap was never consulted and the wide expanse of the universe became a meandering and directionless compass.  Maps and compasses serve a purpose; they provide the traveler with a focused direction and purpose, and a sense that there is a straight line between two points — where to start, and where to go.  

In preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to have a sense of direction — a purposive roadmap in which the preparer of the application for Federal Disability Retirement benefits knows, understands, and implements a plan to reach the stated goal:  an approval from the U.S. Office of Personnel Management.  Yet, even the best of such preparers can never guarantee the successful outcome sought.  

What the “best of them” can do, however, is to take the terrain of the road, put forth a plan for the best route, then guide the “traveler” in the most efficient and effective manner possible.  One must work with the facts, and even if the facts are not always favorable, to give the best chance by avoiding dangerous pitfalls, and to present the safest route to the destination, all of which will provide the greatest opportunity for success.

How one gets from point A to destination B is the key to a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Undisciplined Narrative

‘Discipline’ is a concept which is anathema to the American psyche; for, it is precisely the American character to have unfettered liberty, the ability to “be one’s self”; of self-expressive uniqueness, and to embrace the boldness of the American Dream, as represented by the vast expanse of the American Midwest.

We debate about the constructive use of discipline for our children; complain if the government attempts to discipline our spending habits; and question whether societal constraints should be imposed in our daily lives.  In writing, however, a measure of self-discipline is necessary, if only because the audience for whom one writes will necessarily veto our refusal to discipline one’s writing in a penultimate manner, if we do not:  by refusing to read it.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must discipline the writing of the Applicant’s Statement of Disability (Standard Form 3112D), in multiple respects:  in length; in providing historical background; in careful content selection; in answering the questions asked in a relevant and appropriate manner; in avoiding breaching certain taboo subjects which could defeat a Federal Disability Retirement application; in taking on the tone, tenor and texture of objectivity as opposed to pure emotional appeal, etc.

‘Discipline’ is a dirty word in the American lexicon; but in the preparation, formulation and filing of a Federal Disability Retirement application from OPM, it is a necessary clump of dirt which must be sifted, cleansed and appropriately dusted, in order to provide an effective narrative vehicle to have a Federal Disability Retirement application approved by OPM.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Measure of Success

Gratitude is often the measure of success, but such a measure is fleeting, at best, and only as relevant as the next person who may express disappointment.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the ultimate measure of success is whether or not the Federal or Postal employee obtains an approval from OPM; there is no “relative success” in such an administrative process, and indeed, it is an “either-or” bifurcation with no middle ground.

Furthermore, much of the process can appear strangely subjective —  in one case, a fairly skimpy file of medical records can warrant an approval from the U.S. Office of Personnel Management, while in another, a large compendium of medical documentation can result in multiple denials, despite every good effort of providing medical narrative reports, treatment notes, etc.

Because individuals comprise the universe of determinations in a Federal Disability Retirement application, and therefore the encounter between individuals necessarily results in differing perspectives, opinions and approaches, there never can be a “science” of applying for Federal Disability Retirement benefits.  The best that can be accomplished is to put together as effective a Federal Disability Retirement packet as one can — of medical records and reports; of legal citations; of a persuasive argument; and a tight nexus between one’s medical conditions and the type of positional duties one must perform.

Beyond that, the measure of success must await for a positive outcome.

Sincerely,

Robert R. McGill, Esquire