Medical Retirement for Federal Workers: The Unique Story

This is a world which requires conformity and uniformity; eccentricity is a leisure which few can afford, and as the world operates on a factory-like assembly line, where productivity is the measure of one’s worth, so the uniqueness of a story gets lost in the fading echoes of a scream one hears in a solitary cave, where the sound of one’s cry reverberates deep into the chasm of darkness and the silent quiescence of water dripping upon a moss-covered granite surface.  That is why the poignancy of Chekhov’s story about an old man’s grief and his need to tell his story of the death of his son, resonates with us.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to strike the proper and delicate balance between recognizing the “uniqueness” of one’s case, and the pragmatic acknowledgement of the bureaucratic need of the Federal Agency (both one’s own as well as the U.S. Office of Personnel Management) to have a conformity of one’s story.

Yes, some history and background can be told in the Applicant’s Statement of Disability (although one must be careful in avoiding the pitfalls of ‘situational disability‘ and other issues); yes, one can provide some additional details of one’s ‘story’; but, ultimately, the issue which must be addressed is the legal one:  the essence of the case remains the same throughout.  Throughout, always prepare the Federal Disability Retirement case to conform to the law.

One’s story is unique; the uniqueness must be conformed to a standard of legal proof in order to meet the requirements of Federal Disability Retirement law; once told and conformed, you can still go out and relate your story to those who have a willing ear.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Appearance versus Substance

In preparing, formulating and filing for Federal Disability Retirement benefits under either FERS or CSRS, from the Office of Personnel Management, one often overlooks the basic, foundational questions needed to have answered in the preliminary stages of a Federal Disability Retirement case.

The fact that one has a medical condition which impacts one’s ability to perform all of the essential elements of one’s Federal or Postal job is a “given” — i.e., a fact that then prompts or initiates the entire procedure of even contemplating filing for Federal Disability Retirement benefits.

To proceed from that “given”, however, requires further insight and questioning — more of a practical nature, as in:  What are the essential elements of my job?  Do I have doctors who view my medical condition in the same way as I do?  More importantly, will my doctors support me in my quest to obtain Federal Disability Retirement benefits under FERS or CSRS?  How will I explain to them the very processes and procedures, of the legal and medical requirements which must be met in preparing a medical report, such that the medical narrative report will meet those legal requirements?  Do I have the resources ready in order to sustain a protracted administrative battle with the Office of Personnel Management?  Will my agency allow me to continue to work while I engage in this application for Federal Disability Retirement benefits?

These are all serious and substantive questions — ones which go beyond the mere appearance of thinking that preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, is merely a matter of “filling out forms“.

It never is, and just as “substance” differs from “appearance” (which is the entire philosophical basis of the Socratic and dialectical tradition of Western Philosophy), so the questions one asks at the outset of the process is important in determining the substantive nature of one’s quest.

Sincerely, Robert R. McGill, Esquire

OPM Disability Retirement: Quality & Quantity of Medical Report

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is often asked as to the quantitative sufficiency of the medical documentation to be submitted.

Qualitative sufficiency for Federal Disability Retirement applications, at least on a generic level, is an easy one to answer — the substance of the medical documentation must meet the legal standard of proof.  If the Office of Personnel Management or the Merit Systems Protection Board approves the Federal or Postal employee’s Federal Disability Retirement application under FERS or CSRS, then obviously both the quality and quantity of medical documentation met the standard of proof.  

But an answer based upon “after the fact” circumstances is rarely useful; the generic answer of, “Submit medical evidence such that it meets the legal burden of proof, of Preponderance of the Evidence”, might be well and good, but what does that mean?  

Ultimately, the reason why such questions as to sufficiency of medical documentary submission cannot be answered in a generic manner, is that each particular case is unique, and any imposition of a general rule is dangerous because, the moment the general rule is followed and violated (with a denial from the Office of Personnel Management), then the rule becomes obsolete and irrelevant.  

The quality of the medical documentation to be submitted must ultimately show to OPM that each of the legal criteria are met, and that there is a nexus between one’s medical conditions and the type of work that one performs.  

Quantity of medical documentation is ultimately determined by the quality of the medical narrative.  While generic in scope, the general approach is that one should submit only the extent of medical documentation sufficient to prove one’s case; and in each particular case, what that proof must consist of, is unique, particularized, and ultimately personalized to the individual Federal or Postal Worker who is preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: First Steps

With almost everything in life, it is that metaphorical “first step” which is the most difficult in the process of beginning, enduring, and accomplishing anything.  This is no different in filing a Federal Disability Retirement application under FERS or CSRS.  The task at the outset can appear daunting:  the multiple forms; the ability to formulate the necessary connection between one’s medical conditions and the job which one performs; having the Agency fill out their portion; having the doctor formulate, in a precise and meaningful manner, the narrative report which will meet the legal criteria for successful eligibility for Federal Disability Retirement benefits.  It is as challenging as the first step for a child; as intimidating as the first step in any life changing event.  To ease the process, it is often a good idea to do some preliminary research, including speaking with an Attorney who specializes in the process of preparing, filing and fighting for Federal and Postal Disability Retirement benefits.  As with everything in life, proper preparation is the key to success, and it is no different for a Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Necessary Doctor

Ultimately, the doctor who is necessary is the one who will be supportive.  Whenever the question is asked of me whether it is “necessary” to have the support of this or that doctor, my answer is generic in nature:  It is better to have one excellent narrative report in support of one’s Disability Retirement Application, than to have 5 mediocre or lukewarm reports.  Excellence in a Federal Disability Retirement application is encapsulated by the level of passion and support by the treating doctor.  The character and texture of a medical report is not just a set of factual listings of medical conditions and a dry statement of an opinion; rather, the underlying sense of a doctor’s firm and passionate belief in a patient is often evident in the intangible underpinnings of a good report.  There are simply some reports written by a doctor where one knows that it is improbable that the Office of Personnel Management will want to entangle themselves in; the unequivocal voice, tone and tenor of such a report can make the difference between getting an initial approval of an Application for Federal Disability Retirement under FERS or CSRS, or a denial, resulting in the necessity of going to another stage of the process.

Sincerely,

Robert R. McGill, Esquire