Medical Retirement for Federal Workers: Collectivism and Suffering

Whatever it is about human nature, the one quality which betrays an inherent dark side is the capacity of a collective group of individuals to “pile on” when an individual is suffering or somehow no longer a member in good-standing with the “group”.

Agencies in the Federal Government, and Postal employees, regularly and systematically engage in such behavior.  While the converse of human nature — of compassion and empathy — certainly reveals itself to counter the negative reflection of human beings, the consistent behavior and actions of Federal agencies to attack, undermine and subvert Federal and Postal employees who are most vulnerable, is a side of human nature which is not, to understate it, very attractive.

Yet, for those Federal or Postal employees who are preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is most often the very entity which should show a level of loyalty and appreciation for past work performed, which engages in a pattern of behavior which can only be described as “mean-spirited” — the ugly side of human nature.

That is why it is often a good idea to have a “buffer” between the Federal or Postal employee and the agency; whether via an attorney, or through some representative.  As the law can be used both as a shield as well as a sword, and as Federal Disability Retirement must be affirmatively proven in order to show eligibility and entitlement, so knowing how to use the law as a sword is an important component in preparing, formulating and filing for one’s Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Information v. Essentials

There is a tendency to want to “reveal all“, as if not revealing every aspect of a narrative is somehow misleading, untruthful, or deceptive.  But there is a distinction to be made between information, whether it is background information or information pertaining to relevant facts and circumstances, as opposed to the essential core of a narrative.  

As the Office of Personnel Management attempts to reduce the backlog of Federal Disability Retirement applications under FERS or CSRS, it becomes more and more important for each application to be submitted in a streamlined, “only the pertinent facts” type of submissions.  This is not to say that all “relevant” facts must be distinguished from documents and submissions which provide for contextual understanding of a case.  Rather, the days when volumes of medical documentation of all treatment notes, test results, etc., without a guiding cover letter, may do more harm than good.  

In this day and age when there is so much information on the internet (much of which is irrelevant and meandering), it is good to keep in mind the conceptual distinction between that which is merely informational, and that which is essential.  For Federal and Postal workers who are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, make sure that you are focusing upon the essentials, and not merely providing information without context and relevance.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Making it Contextual

Imagine if you were asked to go into a large warehouse full of items, boxes, stacks of documents, etc., and your instructions were simply:  Find what is relevant.  You would be lost.  Moreover, you may either spend a great amount of time searching for what is relevant, or not any time at all — for, without contextual significance, doing a lot or doing nothing amounts to the same thing.

That is the perspective that a Claims Representative at the Office of Personnel Management possesses when he or she receives a Federal Disability Retirement application with a voluminous stack of medical records, without guiding contextual instructions.  Indeed, an Applicant’s Statement of Disability is not merely a statement of medical disability and its impact upon one’s medical inability to perform one or more of the essential elements of one’s job; it is, moreover, a guide to the medical records and relevant attachments.

Context and significance must always be the guide.  Never just “dump” a bunch of medical records along with an application for Federal Disability Retirement benefits, thinking that the OPM Representative will understand the import and significance of such records.  You may simply receive a correlative response:  a responsive dumping of the application.

Sincerely,

Robert R. McGill, Esquire

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