Identifying the Right Bridge to Reach Your Destination: Federal Employee Disability Retirement

When considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the natural inclination is to ask the seemingly primary question of: Does medical condition-X qualify as a disability? But such a question is in actuality secondary; it is the reverse-order and counterintuitive process which is often confusing for the Federal and Postal Worker who is contemplating filing for Federal Disability Retirement benefits.

The primary question, making the previously-stated questions secondary, is to ask: Does medical condition-X prevent one from performing one or more of the essential elements of one’s job?  By inverting the primary-secondary sequence, one can then attain a better level of understanding as to the administrative process of filing for Federal Disability Retirement benefits.  Further, such a switch in sequence of questions-to-answers allows for an important paradigm shift.  For, in the very asking of the proper question, one can reach a level of understanding to such a stage of comprehension that the question almost answers itself.

Medical conditions in and of themselves do not necessarily qualify the Federal or Postal Worker who is otherwise age or service-eligible for Federal Disability Retirement benefits; it is the nexus which must be established between one’s position and the medical conditions one suffers from.  It is the crossing of that bridge which will reveal the extent of success or failure in attempting to go down this path; but first, the Federal or Postal Worker must correctly identify which bridge to cross, before even starting the long and arduous trek of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Horns & Whistles

Acoustic signaling devices and technological innovations in repackaging information can convey a sense of “newness” and a refreshing sort of alternate sensory perception; however, ultimately, the substantive information which must be presented will require tackling the hard elements of a case.

In presenting a Federal Disability Retirement case to the Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between the foundation of the case, as opposed to the “extras” which one may add.  It is like the analogy of the great and master chef who thinks so highly of his or her own skills, that the preparation of the main meal of a course is done without the primary ingredient.  Even the most unrefined and coarse connoisseur can recognize when the steak is missing from a steak dinner.

Thus, in a FERS or CSRS Disability Retirement case, while one’s statement of disability may be persuasive; while “other evidence” by the agency, coworkers, etc. may establish a perspective of medical disability, the foundation of the nexus between one’s medical condition and the positional duties required must be established by the substantive essence of the case — the medical evidence itself.

Don’t mistake the periphery for the center; don’t be fooled by horns and whistles; much noise does not make up for the central requirement in any endeavor.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: The Law & Life’s Pragmatic Reality

In a Federal Disability Retirement case, one of the ways to establish the nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s job, is to show a “service deficiency”. But as most Federal and Postal employees systematically receive satisfactory or higher ratings of workplace appraisals, and are passed through without thought in order for managers and supervisors to avoid contentiousness and adversarial encounters with their employees, it is rare that anyone can show poor performance and tie such a service deficiency to one’s medical condition.

Does one need to go to the supervisor and point out the service deficiencies and ask that the supervisor rate him or her as sub-par?  No.

Does one have to grieve or contest a superior appraisal?  Again, the answer is, No.

The intersecting contradiction between law and life often manifests itself in such circular absurdities.  But how the law is read; the knowledge of a myopic understanding of the law without the greater context of the entirety of the evolution of case-law opinions and further expansive interpretation of the originating statute, can leave one to believe that the law makes no sense, and fails to reflect the pragmatic issues of reality.

Hint:  Most Federal and Postal employees do not have a service deficiency; but since Federal Disability Retirement rules, regulations and statutes require that one’s medical condition must last for a minimum of 12 months, does that mean that one must show a devastation of one’s work ethic for a full year before you can even file?  No.

The conflict between law and the pragmatic reality of life is merely an apparent one; once the truth is unraveled, there really is no conflict at all, internal, apparent, or otherwise, and Medical Retirement applications submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, in fact reflects the reality of life quite well.  One needs to merely figure out and think away any such apparent self-contradiction.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Lexical Nexus

The lexical expansion of the English language and the evolution of meaning, the transition of words and application, is a subject worth investigating.  One needs only to read a Shakespeare play to recognize that language refuses to remain static; and a culture which desires to progressively develop and advance will systematically reflect the changes of a society’s culture, ethos and normative infrastructures.

There is something to be praised for a static society — one which steadfastly refuses to alter its traditional ways; but as technology is the force of change, and as capitalism is defined by progressive advancement of development at all costs, so we are left with a Leviathan gone berserk and unable to be stopped, and language reflects such revolutionary upheaval.

For the Federal or Postal employee suffering from a medical condition, one needs only to pick up an old medical dictionary to realize the exponential explosion of identified medical conditions.  Yet, the interesting aspect of comparative historical analysis, even on a superficial level, is that the symptoms described in an old dictionary prompts recognition of all such “new” medical conditions.

This leaves one to believe that the reality of the world does in fact remain static; it is only our language which must adapt and reflect in order to adequately account for the reality of the physical universe.

In preparing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the inadequacy of one’s lexical universe may be a hindrance to the proper formulation and delineation of the nexus which must be created between one’s medical condition and the impact upon one’s job.  It is thus the lexical nexus (if one may coin a unique phrase) which must be created in order to effectively prevail in a Federal Disability Retirement application.

While having a medical dictionary may aid one in such an endeavor, the better approach is to first understand that it is not the correspondence between language and reality which matters, but that language is a universe unto itself in which man is the ultimate master of such, caught in that unreality which Heidegger attempted to unravel, and which Kant successfully bifurcated.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Coordinated Steps

When a toddler first learns to walk, what is apparent in the awkward initial attempts is the lack of muscular control, coupled with an innate awareness of potential failure; and that compound look of surprise, fear and lack of comprehension when the first fall of failure occurs.  It is, in a sense, a “failure”; not for lack of trying, or of applying the elementary mechanics of “how to”.  Rather, it is precisely because the various elements must coalesce to create a tripartite approach which has not yet come to fruition:  muscle strength and control; a sense of balance; a coordination of mind and body.

Similarly, in preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee who first attempts to enter into the universe of administrative law, and specifically into the world of bureaucracy culminating in an encounter with the U.S. Office of Personnel Management, must contend with the following:  coordination of efforts.  For, in the end, the tripartite elements in a Federal Disability Retirement application must also come together:  The medical condition; one’s positional duties in the Federal sector; the nexus between the two, with a legal argument as to the impact of one upon the other.

The requirement of coordination does not cease merely because one learns to walk; it is a life-long endeavor which only becomes more sophisticated, with greater demands and requirements, upon those very members of society who continue to grow, mature, and become adults.  Those first baby steps only represented the beginning; once mastered, the universe of man, which includes all forms of technological absurdities and complex human behaviors, must be understood, incorporated, and ultimately engaged, in order to begin the process of mastering the coordination of life.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Response to the Denial & Properly Reading the Signs

Responding to an OPM Disability Retirement application denial is fraught with dangers of addressing the right issue; whether such a response does so adequately; and the determination of the extent of what constitutes “adequacy” in such a response.  Properly reading the “road signs” is the key to a successful response.  For, to begin with, cogency and brevity are not characteristics which are common in an OPM Disability Retirement denial.

The U.S. Office of Personnel Management utilizes multiple templates in referring to the sufficiency of legal and documentary proof, and will often shift arbitrarily in declaring why, and to what extent, a Federal or Postal disability retirement application did not meet the standard of proof required, which is governed by a “preponderance of the evidence”.  They will, of course, often cite various legal “criteria”, and number them accordingly, as in:  “You did not meet Criteria Number 4 in that…”

In responding, it is important to address the critical issues which OPM regards as central to its decision, and as all roads lead back to Rome, so it is with a response to a denial from the U.S. Office of Personnel Management in a Federal Disability Retirement case: All roads lead back to the original nexus of whether a Federal or Postal employee can perform all of the essential elements of one’s job within the context of the severity and extent of one’s medical conditions, and to the issue of whether or not a “reasonable” accommodation could have been provided by the individual’s agency.

Broken down into its foundational components, the pathways can be ultimately discerned, and the proverbial fork-in-the-road leading one to the right way back to Rome will often depend upon how the traveler interprets the signs.

Sincerely,

Robert R. McGill, Esquire