Federal and Postal Disability Retirement: Central v. Peripheral Issues

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management (OPM), it has been variously pointed out by the undersigned author at different times, that it is a self-defeating proposition to focus upon workplace issues which may be the originating and/or continuing impetus, cause or exacerbating trigger of a medical condition which has resulted in the necessity of filing for Federal Disability Retirement benefits.

Just as the problem of an ad hominem attack detracts from the centrality of a point to be made, and instead focuses one’s attention upon an issue which may or may not have any relevance at all upon the original proposition; similarly, to unduly focus upon workplace issues such as harassment, hostile work environment, unfair treatment, mean supervisors, personalities of coworkers, policies which are applied in a discriminatory manner, etc. — all of these issues, while of interest perhaps in another context, forum or jurisdiction, deflects the central and substantive focus of what is necessary in order to obtain an approval for a Federal Disability Retirement application from the Office of Personnel Management.

Moreover, such focus upon peripheral issues may actually defeat a FERS or CSRS Disability Retirement application, by pointing out the “red flag” of what is termed a “situational disability” (those disabilities which can be reasonably said to confine themselves within the context of a specific work environment).  Treat the preparation, formulation and filing of a Federal Disability Retirement application before the Office of Personnel Management as one’s opportunity for 15 minutes of fame — within that short time span, make the best of it, and don’t meander into areas of irrelevancies.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: OPM May Say So, But… (Part 2)

Then, of course, there are the multiple “other” issues which the Office of Personnel Management “says so”, such as failure to pay the full amount of back-pay due; failure to compute the average of the highest-3 consecutive years correctly; reinstating the full amount of FERS once a person becomes no longer eligible for Social Security Disability benefits; arbitrarily and capriciously deciding that the medical report is not “good enough” in answering a post-disability approved, Medical Questionnaire; failing to compute the earned income in any given year properly, and thereby informing the disability retirement annuitant that he or she earned over the 80% limit of what the former federal employee’s former job currently pays; and a host of other issues.  My specialty is in obtaining disability retirement benefits for my clients; I only selectively get involved in post-disability annuity issues, but the point here is that the Office of Personnel Management has a track-record of being in error, in multiple ways, on multiple issues, in volumes of cases. 

It is thus important to recognize that the Office of Personnel Management is not an infallible agency.  Far, far from it, they are merely made up of people who are subject to error, but often stubbornly so — unless you counter their denial in an aggressive, but calm and rational manner.  If a denial comes your way, do not get distressed; prepare your case well, and lay out the groundwork necessary to win.

Sincerely,

Robert R. McGill, Esquire