OPM Disability Retirement Help: Different Standards

To overdress is almost always acceptable; to underdress — well, while it may be acceptable, you may have to endure being the subject of curiosity and quiet whispers of raised eyebrows.

There are different standards for every occasion, endeavor, event or engagement; some high, others low; a few enforced without exception while still maintaining a sense of decorum and the rest of them left to ignored apathy where anything goes.  Some private clubs seem to thrive upon the exclusivity of standards maintained so high that few can meet the exceptionalism applied, while those more accessible to the public allow for flagrant violations with nary a nod or a wink.

It is when the context becomes the content that eyebrows become raised, and the higher the brow the more exclusive the thinking.  For the rebel, it is always difficult to try and convey the notion that one must adapt and change with the circumstances — that standards are applied, and you must recognize those standards and act accordingly.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the standards set have now failed to be met — whether at the personal level or the professional — it might be time to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Whether through a recognition of the standards set for yourself — which is often higher than what is acceptable by others — or because you are beginning to get the hints that your agency or the Postal Facility has become dissatisfied with your work performance, your attendance or excessive use of sick leave; whatever the reason, the plain fact is that the medical condition itself is always the basis for determining the need to alter and modify one’s personal and professional standard.

Don’t be too hard on yourself.  The standard you used to apply before the onset of a medical condition should not be the same one that is applied to your present situation, and you should therefore consider that the standard of maintaining one’s health is the present priority exclusively, no matter what your Federal Agency or your Postal Facility tries to have you believe.

Consult with an attorney who specializes in Federal Disability Retirement Law, and determine whether you “meet the standards” to apply for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  They may be different than what you think.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Changed Standard

Lawyers are trained to engage in linguistic gymnastics; that is precisely why Plato railed against rhetoricians of his day, as they used language to distort the fullness of being (as Heidegger would say).  For, the malleability of language allows for a spectrum of purposive and mischievous play upon words; only an abiding sense of integrity in the face of a world which has abandoned parameters and boundaries of what constitutes “fair play” in the arena of linguistic word games, would save the original foundation of the correspondence theory of truth.

In this postmodern world where objective truth can no longer be argued for, subtlety in playing a language game is no longer necessary; one can simply, deliberately and without conscience switch one word for another, and maintain a straight face.

So, in a Federal or Postal Disability Retirement case, when the U.S. Office of Personnel Management inserts words which clearly do not reflect the legal standard as presently existing, what does one do?  When the standard is raised to require “disability which precludes you from the workplace”, or evidence of a medical condition which is “compelling”, how does one respond?

Such unwarranted and baseless legal applications are inserted in many denials from the U.S. Office of Personnel Management, requiring a Request for Reconsideration or an appeal to the Merit Systems Protection Board.  In the end, in order to properly respond, one must first recognize the malleability of language; then to identify the proper legal standard to be applied; then to selectively address such improper legal standards.

In a Federal Disability Retirement case, whether under FERS or CSRS, the ultimate problem is that one is dealing with a Leviathan of an agency — the U.S. Office of Personnel Management — and one which has the power to engage in rhetorical flourishes with unfettered abandon.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Preempting Anticipated Problems

The obvious and self-evident problems of many can be characterized as failing to know what the questions are; for, if the question is unknown, how can one provide an answer?

Thus, in entering into the surreal universe of Federal Disability Retirement benefits, which can be both a procedural, administrative nightmare, as well as a substantive morass of conflicting and confusing legal framework, the novice who first encounters the Standard Forms (SF 3107, with Schedules A, B & C for the FERS employee; SF 2801 with Schedules A, B & C for the CSRS employee; and SF 3112 series for both the FERS and CSRS employee) may well have a perspective that, inasmuch as the questions asked are fairly easy to comprehend, the answers themselves would naturally, likewise, be easy to append.

But as much of law and the success of legal reasoning involves the preempting of anticipated problems (e.g., that is precisely what Estates & Trusts attempts to do — to anticipate any objections of those who are heirs or potential beneficiaries of an estate), so the lack of knowledge of the wide body and historical evolution of how X came to be through the legal evolution and expansion of Y, results in the grave disadvantage of the Federal or Postal Worker who stumbles upon the compendium of the Federal Disability Retirement process.  And, of course, the U.S. Office of Personnel Management loves nothing more than to look upon the unknowing Federal or Postal applicant, with hungry eyes, ready to pounce upon such lack of knowledge.

Preempting a problem requires the anticipation of the question; and knowing the question is the first step to coming up with an answer.

Sincerely,

Robert R. McGill, Esquire

Federal Employee’s Disability Retirement: The Non-standard Approach to Standard Forms

Standard Forms are created, produced and promulgated precisely for their stated and intended purpose:  to streamline and conventionalize (yes, that is really a proper word, and spellcheck did not put a red line beneath it) the formatted receipt of information by an agency of the Federal Government.  Without Standard Forms, there would be no confining methodology of what to say, how to say it, and how much to say it.

The theory behind standard government forms is simple:  By providing the space, the questions and the apparent limitations, ease of processing will be expedited.

Of course, in pragmatic terms, the reality behind the theory is that Standard Forms create an intended limitation on space, as well as the content of what a person states or desires to state.  Yet, by self-confining the answers and information provided, the applicant for Federal Disability Retirement is essentially depending upon government lawyers to properly interpret what the statute for eligibility for Federal Disability Retirement requires.

While staying somewhat within the confines of what the Standard Forms request is a “good” thing (for Federal Disability Retirement purposes, SF 3107 series for FERS applicants; SF 2801 series for CSRS applicants; SF 3112A, SF 3112B, SF 3112C, SF 3112D, and SF 3112E for both FERS and CSRS applicants), it should not limit or otherwise prevent the submission of relevant information.  “Relevancy”, of course, is a relative term, and should be noted and applied by those who understand the statutory underpinnings of the legal requirements for a successful Federal Disability Retirement application.

Ultimately, one should approach the standardization of the administrative process called “Federal Disability Retirement” as merely a piece of the larger puzzle, and not be precluded from submitting non-standardized information in an effort to prevail in the preparation, formulation and filing of a Federal Disability Retirement application, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Proving the Standard

In approaching how to prove a Federal Disability Retirement case, whether under FERS or CSRS, it is best to try and meet a higher standard of proof, and not be lulled into thinking that because the applicable standard of proof is the lower “preponderance of the evidence” standard, that the mere necessity of proving one’s case is reflective of that standard.

Standards of proof on a theoretical level are for academics; in the practical world of law, one must actually persuade and convince the individuals who are authorized to approve a Federal Disability Retirement application, that the Federal Disability Retirement application merits an approval.  This would include the personnel at the Office of Personnel Management, as well as an Administrative Judge at the Merit Systems Protection Board.

One can shout all one wants that the standard of proof needed in a Federal Disability Retirement case is the “preponderance of the evidence,” and that all that is necessary to meet that standard is that X is more likely to be true than not.  However, in the “real” world of law, people, and persuasive authority, one’s case should always strive to meet the highest standard — that it is so persuasive that the deciding authority has no choice but to approve the case.  For, as the higher standard logically subsumes all lower standards, the inverse is not true, and the interpretation of what constitutes meeting the “preponderance of the evidence” test can have a wide margin of error.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Applying the Legal Standard

In preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management, it is important to understand the legal criteria of “preponderance of the evidence”, to attempt to meet the legal criteria; to state and argue that the legal criteria has been met, and to reiterate and show how the legal criteria has been met.

Thus, as the Office of Personnel Management is a bureaucracy with multiple levels replete with clerical and administrative staff, it is important to present, to show, to reiterate, and to affirm:  the point to get across must be established in a succinct, effective, efficient manner, but it must be firmly established.

“Preponderance of the evidence” can be quite subjective, but within the context of such subjectivity, it encompasses the conceptual analogies of:  X is more likely than not; the quantitative weight of the evidence shows that the burden of proof has been met; the qualitative whole has proven that one is entitled to Federal Disability Retirement benefits; the compendium of evidence, both medical and supporting, shows that Mr. Y’s medical condition does indeed prevent him from performing one or more of the essential elements of his job; and similar conclusions to be reached as a result of the entirety of the evidence presented.

Of these analogies noted (which is not meant to be an exhaustive list, but merely an attempt to illustrate the meaning of the concept of “preponderance of the evidence”), the one which is most dangerous for people to embrace, is the “quantitative weight” of evidence.  For, ultimately, gathering a thick stack of medical documentation is the easiest way to put together a Federal Disability Retirement application, but the least effective.  And in the end, it is effectiveness which we seek, and not ease of completion.

Sincerely,

Robert R. McGill, Attorney

Federal and Postal Disability Retirement: Legal Standard & Persuasion

There is a distinction between the existence of a legal standard and the citing of such legal standard — to include statutory references, case-law citations, etc. — and the art of persuasion.  In reviewing Federal and Postal Disability Retirement applications which have been previously prepared, formulated and submitted by unrepresented Federal and Postal employees, which have been denied, it is often refreshing to see how laymen (i.e., “non-lawyers”) have utilized cases and case-law citations (often straight from some of my articles and blogs) in arguing his or her case. 

The problem with such an approach, however, is that the unrepresented Federal or Postal employee will often refer to such legal standards without engaging in the necessary art of persuasion.  Legal standards are certainly there to be used; however, there is a proper way and methodology of utilizing legal standards, and an improper way.  The improper way is to use the legal standard as a hammer — of stating:  X exists and states Y, therefore you must conclude Z.  The proper methodology in utilizing a legal standard is to engage in the art of persuasion:  X exists, and X determines why Y must come about, and therefore Z should be the logical conclusion, and here are the reasons why. 

Normally, I advise against non-lawyers using the law precisely because of the potential mis-application of the methodology.  Leave the law to lawyers; that is why lawyers are hired.

Sincerely,

Robert R. McGill, Esquire