There is of course the old adage (and old “sayings” are neatly formulated, refined over time, and revised and updated for applicability and relevance to the significance of the current times), stated in its variety of forms, that those who fail to study history, are condemned to repeat it. But what if the historical repetition of such foolhardiness results because of the disparate nature of history, scattered among thousands, and never based upon a common essence from which all can draw?
A corollary of the previous words of wisdom is the following (made up by this author): Historical mistakes repeat themselves because everyone believes that he or she is smarter than the ones before.
In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management, common mistakes abound, and repetitively reveal themselves throughout the process. Writing to preempt what one thinks a Supervisor will state or not state; listing every medical condition without prioritizing the impact upon one’s inability to perform the essential elements of one’s job; writing long, meandering narratives; including “red flag” concepts such as “hostile work environment“; simply giving to the doctor the 3112C with the return address of one’s Human Resources Department at one’s agency; and multiple other such follies. Yet, such mistakes are not only common; they are to be expected.
The administrative process of Federal Disability Retirement is constructed to appear “simple”. The questions asked on the standard forms appear straightforward, if not cleverly uncomplicated in their very formulation. Yet, the laws which govern the benefit identified as “Federal Disability Retirement” is amassed in a compendium of statutes, regulations and case-law, all of which have evolved in interpretive significance over many years.
History does repeat itself; for Federal and Postal employees who are contemplating or have initiated the filing of a Federal Disability Retirement application, whether under FERS or CSRS, the age-old adage concerning history not only confirms the truth of such a saying, but reinforces it daily.
Sincerely,
Robert R. McGill, Esquire
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OPM Disability Retirement: Differing Perspectives
The old adage, “Walk in your fellow man’s shoes for a mile” is a saying which is meant essentially to teach a child (and many adults) to have a different perspective than one’s own, self-centered universe. In practicing law, it is a good idea to attempt to obtain a perspective from the multitude of differing “shoes” — and this is especially important in putting together a Federal Disability Retirement application under FERS or CSRS.
The gathering of such differing and different perspectives — that of the treating doctor; that of the applicant; that of the Agency (the Supervisor and the Agency in its determination that accommodation or reassignment is not available or appropriate for a given employee, given the particular medical conditions and the type of positional duties of the specific job which the Applicant must perform, as well as taking into account what constitutes “efficiency” in the Federal Service, etc.); and further, that of the Office of Personnel Management.
It is the job of the Attorney representing a Federal or Postal employee in preparing a Federal Disability Retirement packet under FERS or CSRS, to pull together the various perspectives; write up and prepare, and gather the information from the multiple and differing perspectives; to neutralize those perspectives which may impact negatively upon the Federal disability retirement application; then to present the fullness of the different perspectives such that it meets the legal criteria and “perspective” of the Representative from the Office of Personnel Management: that “ultimate” perspective which determines a “yes” or “no” in determining the viability of a Federal Disability Retirement Application.
Sincerely,
Robert R. McGill, Esquire
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