Postal and Federal Disability Retirement: And the Question is …

The responsive statement often given is:  Federal Disability Retirement is not a matter of merely filling out forms; if that were the case, anyone should be able to do it without an attorney.  So, as in many gameshow forums, what is the question?  Filing for regular retirement, or even early retirement, is a matter of filling out the proper and standard forms.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, while submitted to the identical agency (OPM) for “processing”, is a matter of proving one’s case.  In order to prove one’s case, one must gather the substantive evidentiary documents; compile the relevant materials; make the proper “connections” and create the “nexus”; make the compelling and relevant legal arguments; and, yes, “fill out forms”. However, this latter act of filling out standard forms, as a prerequisite, while a necessary component of the entire administrative process, is not a sufficient act which constitutes a demand for an approval.

Thus, for a regular or early retirement, one may well argue that once the forms are filled out, one has satisfied both the necessary and sufficient components of what constitutes fulfillment of all obligations required for admission into the fraternity of Federal Disability Retirement annuitants.

For Federal Disability Retirement benefits, however, the additional requirement of proof by a preponderance of the evidence must first be satisfied.  And for that, one must play the gameshow format of answering the critical, million-dollar question:  What satisfies the standard of proof in order to qualify for Federal Disability Retirement benefits from OPM, whether under FERS or CSRS?  The answer:  It has already been given, only in a form of negation:  Federal Disability Retirement is not a matter of merely filling out forms.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Always Stick to the Basics

If one’s thoughts advance too far beyond the practical application of what one is engaged in, often the complexity initiated by the human mind will disproportionately put out of balance the reality of a requirement as opposed to the endless possibilities ventured by the human imagination.  

In preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, it is often counterproductive to reflect too extensively upon the various standard forms which must be completed.

Yes, the forms are confusing, create unnecessary consternation, and need correlation and cooperative coordination between them in order to produce uniformity and consistency in a Federal or Postal Disability Retirement application.  

Yes, it is precisely the inconsistencies, the internal and external contradictions (whether apparent or real, substantive or peripheral) which the Office of Personnel Management focuses upon in justifying a denial of a Federal Disability Retirement application.  

Nevertheless, it is more often than not the undue focus upon the potential complexities of the standard forms, the rumination upon potential consequences not yet actualized, of questioning, well, what is it that this question is really asking for?  Do they want me to include X, as opposed to Y?  Will it hurt my case if I say B, instead of including C, D & E?  Am I required to include everything, or will it be counted against me if I leave it out?  

Such questions are a natural part of preparing and formulating a Federal Disability Retirement application under FERS or CSRS.  If such ruminations result in an inability to proceed and advance forward, it might be time to contact someone who specializes in preparing FERS & CSRS Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire