Federal Disability Retirement: Prospective Affirmation versus Retrospective Correction

Moving forward with the right tools is generally more effective than looking back and trying to correct deficiencies; thus, the age-old adage of being penny wise, pound foolish applies; and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to make a determination early on to clearly assess the strength of a case, the needs required to optimize such strengths, and to obtain assistance where necessary.

As to an objective assessment of a case:  one is normally not the best evaluator in analyzing the strength or weakness of one’s own Federal Disability retirement case.  This is because of a self-evident principle operating in each such Federal Disability Retirement case:  the subject who suffers from the medical condition cannot objectively evaluate from a third-party’s perspective the viability of a case in terms of proving by a preponderance of the evidence the coherence and compelling nature of the evidence to be presented.

Most believe that his or her case is a “slam-dunk”; few in actual reality ever are.  To get denied by OPM at the First Stage; then at the Reconsideration Stage; then to go pro se before the Merit Systems Protection Board; then to obtain a lawyer — while it is good to get a lawyer at any stage of the process — is it wise to attempt a retrospective correction of one’s mistakes?  At what stage does it become too late?  Where in the process does “correction” override “mistakes”?  Compare that to a prospective affirmation of one’s inadequacies — that it is difficult, if not impossible, to objectively evaluate one’s own case; that an effective compilation and presentation of a Federal Disability Retirement case is necessary in order to win in a Federal Disability Retirement case; and that providing a legal citationin support of one’s case is an essential element of a compelling case:  combining it all, it would seem that being wise for the pound is preferable than being foolish for the penny (to make an inverse adage applicable).

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Beyond Rationality

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal is to compile and compose the “best possible” disability retirement packet.

Such a goal is a foundational one — that which is self-evident.  Indeed, to have a contrary goal is anathema to the entire administrative process.  Concluding that one has achieved that goal, however, leaves room for discretion.  Indeed, often the best that one can do is to accept those things which are outside of one’s control, and focus exclusively upon achieving excellence of that which is within the confined arena of what one can control.

Thus, for instance, to try and predict and preclude a denial at the First Stage of the process — while a goal which every attorney who practices Federal Disability Retirement law attempts to achieve — is almost an act of futility, because such an attempt inherently requires that the Office of Personnel Management systematically engages in a rational approach in deciding its cases.  On the contrary, much of what the Office of Personnel Management does is to “fill in the blanks” of a template.  Denial letters are mostly form letters which then have a concluding paragraph, which itself is often a formatted conclusion.  That is not to say that the evidence presented was not reviewed; rather, the evidence reviewed was determined to fit — or not fit — a template.

How does one counter that which is beyond rationality?  By focusing upon those things which are within one’s control — by compiling the best possible presentation, for the best will normally fit any template; unless, of course, the template itself is beyond rationality.

Sincerely,

Robert R. McGill, Esquire