Federal and Postal Disability Retirement: Paper Presentation

As with most things in life, it is helpful to understand the “context” of an event, an occurrence or a process.  In the context of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to understand that this is essentially a “paper presentation” to an agency which processes thousands of such similar applications, assigned to a person who has a name and (if you are lucky) a voice over the telephone.  

Unless it it denied twice (first at the Initial Stage of the Process, then at the “Reconsideration Stage” of the process), there will be very little direct interaction between the OPM Representative assigned to evaluating and determining a Federal or Postal worker’s Federal Disability Retirement application) and the Applicant.  Even at the Merit Systems Protection Board, the “human interaction” will be limited over the telephone.  

Thus, the underlying “context” of a Federal Disability Retirement application is a “Paper Presentation” of a case.  This is not a criticism of the process — indeed, if one stops and reflects upon it, it may be the fairest methodology of undertaking such a process, precisely because it excludes the possibility of favoritism, of bias in favor of personalities or persuasive personal appearance and presentation.

Instead, it is presented to the determiner of the Federal Disability Retirement application based upon the “cold facts” as described and delineated on paper.  Thus, a certain sense of “objectivity” is arrived at because of the very limitations imposed by a paper presentation.  Understanding this contextual foundation is useful and helpful in making sure that the efforts expended should be focused upon acquiring the best evidence in order to formulate such a paper presentation — to include making sure that the presentation itself is professional, crisp, streamlined, and not filled with a lot of superfluous niceties.  

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Lawless Supervisor

Every now and then (or perhaps more often than we like to think) a Supervisor will fill out the SF 3112B (Supervisor’s Statement) with such venom and innuendo and half-truths, as to make the disability retirement applicant out to be John Gotti’s half-brother and reincarnate of the conceptual paradigm of the greatest incompetent the Federal Government has ever seen (next to the Supervisor himself, of course). Or, it will state that the applicant has been “under investigation”, or that he/she has “mislead” the Agency, or other such half-truth, unsubstantiated allegation. The problem in addressing such a Supervisor’s Statement with the Office of Personnel Management (if, in fact, one has the opportunity to address the issue before it gets to OPM or, as is more often the case, if the disability retirement application is denied, and the Supervisor’s Statement is referenced in the initial decision of denial), is the following: If you address it too forcefully, or emphasize it, then you are in danger of focusing the “fight” on the truth or falsity of what the Supervisor has said. In other words, you have essentially allowed the Supervisor to win the fight by shifting your focus upon the venom of the Supervisor. It is more likely the wiser course of action to grant minimal attention to the Supervisor’s Statement; give it the due response it deserves, addressing the falsity of the statement, and how it is entirely unsubstantiated; and, sometimes, express outrage that OPM would have even considered such scandalous charges when it has been unverified; then focus most of the attention upon the validity and force of the Medical Narrative Report that accompanies the disability retirement application. For, after all, always remember that this is a “Medical Disability Retirement Application” — with the emphasis upon “medical”, and not “Supervisor”.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: The Complexity of the Simple

Federal disability retirement law, the statutes and regulations which govern eligibility; the multiple case-law opinions from Administrative Judges and Federal Circuit Judges interpreting the governing statutes and regulations; the lawyers who argue different aspects and attempt to “fine-tune” existing law (including this lawyer) — the entirety results in “making complex” that which was essentially simple.

There is an old adage that the King who declared the first law of his Kingdom was really attempting to reduce the unemployment figures by creating the need for lawyers. Indeed, “the law” is often made more complex by lawyers. However, while the multiple issues governing Federal disability retirement law under FERS & CSRS may appear, at first glance, “simple”, it is such simplicity which engenders the complex, precisely because laws which reflect a simple conceptual paradigm require extensive interpretation in order to explain the simpleness of the simplicity. That is why law itself is complex. Don’t let the complex confluse you. As you prepare a disability retirement application, recognize that it is a complex process; at the same time, make sure to explain your medical condition and how it impacts your ability to perform the essential elements of your Federal or Postal position in an easy-going, simple and straightforward manner. Don’t make it complex; keep it simple; but recognize the complexities.

Sincerely,

Robert R. McGill, Esquire

Federal OPM Disability Retirement: The Simplicity of the Complex

It is not the forms which make it complex — although, the instructions which accompany the filling out of the Standard Forms make it appear more convoluted than necessary. Federal Disability Retirement for FERS & CSRS employees of the Federal Government and the U.S. Postal Service is actually quite simple in conceptual terms, and in the process of attempting to win an approval from the Office of Personnel Management, we encounter the complexity of the entire administrative process, thereby overlooking the simplicity of the actual law underlying the process. That is why it is often a good idea to periodically pause and “go back to basics” before moving forward on a disability retirement application.

As stated multiple times, disability retirement is essentially the linking of a “nexus” between one’s medical conditions, and one’s Federal or Postal position. By “linking” is meant the following: Does the medical condition from which one suffers prevent one from performing one or more of the essential elements of one’s job? If the answer to the question is “yes”, then you have passed the preliminary, fundamental, preconditional question.

The next question, or series of questions, of course, include the following: Do you have the minimum of 18 months of Federal Service (for CSRS individuals, 5 years)? Do you have a supportive doctor? Will your medical condition last for at least 1 year? These are just some of the basic, preliminary questions to ask, before considering the option of filing for Federal Disability retirement benefits. The questions and answers themselves are simple; as one gets more and more involved in the process, they become, in combination, procedurally and substantively a complex issue of meeting the legal criteria for approval. Underlying it all is a simple conceptual basis; the complexity comes in applying the law.

Sincerely,

Robert R. McGill, Esquire