Federal Worker Disability Retirement: Efficiency and Effectiveness

What does it mean to be “efficient”?  Is it distinguishable from being “effective”, or are the two inseparable?  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to be effective in submitting a paper presentation to the Office of Personnel Management.

Efficiency, while helpful, is not necessarily a precondition in order to be effective.  In an inverse manner, the U.S. Office of Personnel Management is very effective in its procedural approach — the laws support such effectiveness, in that their decisions, timeframes and arguments are effective in their very finality (leaving aside the issue of appeal rights, of course).  But is OPM efficient?  Most would argue that because of the recent inefficiencies reflected by their case-load backlog, that one could hardly describe OPM as being very “efficient”.

Thus, “effectiveness” and “efficiency” are two distinct concepts which are clearly separable.  If one were to choose which of the two characteristics one should embrace in preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, it would clearly be the former (effectiveness), as opposed to the latter (efficiency).  For, while time will fade, the final decision of whether one gets an approval or a denial in a Federal Disability Retirement case will not.

Being effective in fighting a case is the more important of the two characteristics, and sometimes, when one needs to be effective, one is not terribly efficient in the process.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Statutory Violations

As with most bureaucracies, the Office of Personnel Management is first and foremost established and guided by statutory mandate.  However, there is a distinction to be made between the establishment of a particular agency, and the mission and substantive enforcement of the mission as mandated by statute.  

Often, in its very decision-making process of reviewing, evaluating and deciding upon a Federal Disability Retirement application (whether under FERS or CSRS), it is important to recognize that if a decision is made erroneously, it does not imply or infer a statutory violation.  The statute is open to various interpretations, and such openness lends itself to a wide array of discretionary decision-making.  Complaining or fuming about whether or not OPM violated its statutory mandate is an act of futility; the process itself provides for a paradigm of “checks and balances”  — of having the Merit Systems Protection Board and an Administrative Judge look at a case and hold a Hearing on a case “de novo” — meaning, “anew” or “starting fresh”.  

Further, if one believes that the MSPB Hearing and Administrative Judge rendered a wrong decision, there is the further step in the process of a Petition for Full Review, or an appeal to the Federal Circuit Court for review of any error of law made in the decision-making process.  However, the best course of action if one is still before the Office of Personnel Management, or about to present one’s case at the Hearing Stage of the MSPB, is to focus upon the substance of one’s case, and not upon whether or not OPM or anyone else violated its statutory mandate.  

Save your energy and choose your battles; moreover, it is important to keep a singular focus upon the proper goal — of obtaining one’s Federal Disability Retirement annuity.

Sincerely,

Robert R. McGill, Esquire