The preconditioned attitude of the general public is that, if X has a medical condition, then such medical condition, by the very nature of the condition itself, will either entitle one to benefits, or not. Such an approach is what one is conditioned to expect — that by the very nature of the medical condition itself, means that it will either lead to, or not lead to, a specified result. This viewpoint and approach is based upon a definitional standard, where the very essence of what it means to suffer from X already predetermines whether one is eligible and entitled to benefit Y.
Social Security assumes such an approach. To some extent, so does OWCP, because the Department of Labor is willing to pay a certain amount of compensation based upon a predetermined calculus of a percentage rating, for loss of limb, loss of use, loss of functional capacity, etc.
This is why Federal and Postal employees who first contemplate preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, will attempt to tie the fact of having a medical condition with the question, “Does this qualify me for Federal Disability Retirement benefits?” But that is the wrong paradigm to use in asking the question. For, eligibility for Federal Disability Retirement benefits from OPM is not based upon a definitional ascription of a medical condition; rather, it is that “third element” — the connection between X and Y, X representing the medical condition and Y standing for the positional duties which the Federal or Postal employee must engage.
In many respects, Federal Disability Retirement answers the philosophical question which David Hume asked: Is there a necessary connection between cause and effect? For Federal Disability Retirement purposes, the answer is a resounding “yes”.
Sincerely,
Robert R. McGill, Esquire
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OPM Disability Retirement Attorney: Uncharacteristic Behavior
It is the clash between an expectation and the actualization of an encounter, which determines one’s perspective of self-fulfillment of a belief, or a resulting dismay from failure of verifying the basis of a paradigm. Characteristic behavior is thus that type of human encounter which meets with, or exceeds, one’s predetermined paradigm of what one has already believed to be so; to act out of that previously considered belief system, by definition makes it fall outside of the realm of such expectation.
For the Federal employee and the U.S. Postal worker, the bureaucratic complexity of the entire administrative process of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is normally not a surprise, and meets with or even exceeds, the expectation of an already-formed paradigm of what constitutes the “characteristic behavior” of the system as a whole.
It is the anomaly of the century when efficiency, helpfulness and pleasantries prevail throughout the process of filing for Federal Disability Retirement benefits, where one hears with surprise and shock that it was “uncharacteristic”. Sadly, that tells us something. While somewhat unfortunate, we must always remember that the road of every bureaucratic process is paved with personalities of every type. We tend to lump the entirety of an administrative process into a single cup and cauldron of judgment, but the reality is that there are multiple categories, just as there are different types of people throughout the universe, distinctly compartmentalized into: helpful; friendly; efficient; nasty; backstabber; fair; unfair; loyal; unpredictable; just to name a few.
The process of filing a Federal Disability Retirement application through OPM can be a stressful one, if only because it is based upon an obvious stressor to begin with: a medical condition which impacts one’s ability to perform one’s Federal or Postal job. But it is not the bureaucratic process itself which adds or detracts from the inherent complexities of the process, but the behavior — characteristic or not — of those who must help along the way or hinder the necessary transition of the Federal or Postal employee, from one of active Federal or Postal employee to that of disability annuitant.
Sincerely,
Robert R. McGill, Esquire
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