CSRS & FERS Disability Retirement: Complexity in the Hidden Background

To prove one’s eligibility for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is seemingly an uncomplicated matter.

As one’s medical condition impacts the ability to perform one or more of the essential element of one’s job, it is up to the treating doctor to establish the nexus and provide an opinion as to the connecting bridge between the medical condition and the positional requirements of one’s Federal or Postal job.

How does one do that? Must it be comprised of a 1-to-1 ratio between job elements and medical conditions? How important and prominent are “symptoms” considered, as opposed to the mere clinical declaration of the diagnosis, in persuading the U.S. Office of Personnel Management that a particular medical condition should qualify for Federal Disability Retirement benefits? To what extent is one’s own statement of disability, as described on Standard Form 3112A, important in establishing the foothold towards gaining an approval from OPM?

Also, what algorithm or comparative analysis does OPM use in evaluating a case, and how does one enhance the chances of success at the First Stage of the process? If denied at the First Stage of the Federal Disability Retirement process, does the basis of the denial (often characterized by a plethora of multiple reasons given) require a point-by-point refutation, and is the Reconsideration Division at OPM using the same standard of review, or a different application of laws in evaluating the additional evidence submitted at the next stage?

If one watches a gymnast, a ballerina, or even a mathematician at work in solving or unraveling a complex problem or exercise, one is immediately struck by the ease with which the feat is performed. But it is almost always the unseen preparation which has preceded the actual performance that sets the stage of an uncomplicated presentation.

It is that mystery of the uncomplicated, which tends to trip us all, and that is no different in the preparation, formulation and submission of a Federal Disability Retirement application, applied through the U.S. Office of Personnel Management, whether you are under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: The Bad Question

As children, we were encouraged to “ask questions“, and often with such niceties as, “Now, remember, there is no such thing as a ‘dumb question'” (despite all of us, even in tender years, knowing the untruth of such an assertion as we witnessed the facial expressions of horrified teachers, parents and neighbors — and of course, the smug, sidelong glances of those older siblings).

But the problem with taking such childhood experiences long into adulthood, is that it ignores the obvious:  the character and essence of a question determines the outcome of the answer.  Sometimes, a bad question leads to a bad answer.  In such an event, one must consider reformulating the question, or ignoring it altogether.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal and Postal employee encounters multiple ‘bad questions’ — first in the form of the Standard government forms (SF 3107, with Schedules A, B & C for the FERS employee; SF 2801, with Schedules A, B & C for the CSRS employee; and SF 3112 series for both FERS and CSRS employees) and the questions posed in such forms — especially on SF 3112A (Applicant’s Statement of Disability); then, in a denial at the Reconsideration Stage of the process (for, in such a denial are contained inherent questions of what allegedly one ‘must’ do in order to meet the standards of OPM); then, finally, the questions which must be answered in order to satisfy an Administrative Judge at the MSPB.

But questions are funny vehicles of communication; often, it reflects more upon the questioner rather than upon the one who answers, and in the case of an OPM Case Worker, and of certain particular persons, this is all the more so.  Lest we forget another adage we learned in grade school (more on the playground among bullies, tough guys and the ‘cool’ set):  Don’t ask a question you don’t already know the answer to.

Sincerely,

Robert R. McGill, Esquire