Federal Employee Medical Retirement: Keeping it Simple

In almost all instances, stating the obvious when filing for Federal Disability Retirement benefits under FERS & CSRS is the rule to follow.  Another simple rule to follow:  Keep it Simple.  Except in special circumstances (e.g., where there is a nebulous diagnosis and one must interweave multiple symptmatologies in order to bypass the possibility that you may be later precluded from “adding” a “new” medical condition, etc.), it is best to stick to a paradigm of a 1-to-1 ratio or correspondence of medical conditions, symptoms, impact upon work, etc.  

Such a template can be dangerous to follow, however, because any Applicant’s Statement of one’s disability should never appear mechanical or stilted in its tone and tenor.  Emotionalism should not be stripped from an applicant’s statement of one’s disability in a Federal Disability Retirement application and, indeed, sterility should not be a goal to be sought.  

That goal should be from the treating doctor, where technical medical terms present a sense of diagnostic objectivity and scientific validity.  But such simple rules as presenting the correspondence between specific physical conditions with the physical requirements of one’s job, and similarly, between specific psychiatric symptoms with the cognitive requirements of one’s job, is an important “rule” to follow.  Remember, however, that filing a Federal Disability Retirement application under FERS or CSRS is not a “perfect science”; in fact, it is not a science at all, but a mix between law, personal input, and medical facts, with the creative force of persuasion.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Applicant Tendency

An applicant or potential applicant for Federal Disability Retirement benefits under FERS or CSRS exhibits tendencies which can range on a wide spectrum of behavior, thoughts, fears, actions and reactions.  Some individuals believe that his or her application is so self-evident and self-explanatory, that all that is necessary is to obtain the medical records, list the diagnosed medical conditions on the Applicant’s Statement of Disability, file it, and…  When the Denial letter appears from the Office of Personnel Management, there is the surprise and shock, and the:  “I thought that…” 

Then, there is the other extreme of the spectrum, where there is an almost irrational fear that unless every ache and pain is detailed in long, explanatory narratives, and pages of pages of “personal experience” diary-like formatted chronologies are submitted with the packet, with tabulated references to justify each and every medical experience from two decades before until the present, that the Office of Personnel Management will deny the application.  Remember this:  It takes just as short a time to deny the first type of application as it does the second.  The Office of Personnel Management does not read through any materials which it deems “superfluous“.  Somewhere in the middle between the two extremes is normally the correct balance.  Or, as Aristotle would say, it is important to achieve the mean between the two extremes.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Agency Tendency

A Federal or Postal Worker who has worked for any number of years, already knows (intuitively) what the Agency’s response is going to be when he or she files for Federal Disability Retirement benefits under FERS or CSRS:  Self-protection, minimal cooperation, and a “know nothing” and “do nothing” approach.  This is merely the tendency of most agencies.  Every now and then, there is an exception to this general perception of how a Federal Agency will respond and react; normally, however, any such exception is merely a reflection upon an exceptional individual — a supervisor who is truly looking out both for the best interests of the agency, as well as for a Federal or Postal worker who deserves praise and cooperation as he or she enters into a difficult phase of life. 

Agencies tend to respond in a “self-protective” mode; of covering itself; of being uncooperative, thinking that an individual who is filing for Federal Disability Retirement benefits is (A) no longer of any use to the agency, (B) reflects badly upon the overall perception of the agency, or (C) is merely faking the disability.  The truth of the matter is that a Federal or Postal employee who is filing for Federal Disability Retirement benefits has probably exhausted all possible alternatives, and has killed him/herself in trying to continue to work.  However, sympathy and empathy are two emotions which Agencies sorely lack in, both qualitatively and quantitatively; and as with all tendencies, it is good to be aware of them, if only to be on guard.

Sincerely,

Robert R. McGill, Esquire