FERS & CSRS Disability Retirement for Federal and USPS Workers: Process Mentality

The importance of understanding that filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, as a “process”, is critical in reaching the mental preparedness necessary to endure the potentiality of the lengthy encounter.

The analogy of the approach should be likened to the difference between WWI and WWII — of trench warfare as opposed to a blitzkrieg.  It is the former which must be prepared for, and not the latter.

For, at each step of the way — from waiting for the proper medical reports to be prepared by the treating doctors, to formulating the narrative of one’s statement of disability; to waiting for the agency to complete the processing of their potion (i.e., the Supervisor’s Statement and the Agency’s Certification of Reassignment and Accommodation efforts); to the intake processing unit of OPM at Boyers, PA, then down to Washington D.C. where assignment of the case will take some time; to final assignment of the case, and potential routing for review by a contract doctor — this is all merely at the First Stage of the process.

If it is denied at the First Stage, then one must fight the process through the Reconsideration Stage, and possibly beyond.

Thus is the mental preparation at the outset required in order to survive the multiplicity of bumps and turns within the process itself.  It is best to know the trials in order to survive the process, and to prepare for it as best one can.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Where to Begin

The captain of a ship docked in a harbor knows three things:  Where the ship came from; where it is; where it will be going next. If any of the three are missing from the thought-processes of the one who intends to navigate the waters, the ship should remain where it is.  For, it is the orientation and coalescence of the past, the present, and the future course of action which should determine the efficacy of whether to act now, or delay for the future.

Unfortunately, in a Federal Disability Retirement case, whether under FERS or CSRS, because of the exigent circumstances which often surrounds the debilitating nature of a medical condition, the emergency situation of the present state of affairs will often dictate, without guidance, the future course of events.

The future cannot be thought of or contemplated with any sense of purpose, because the exigency of the “now” makes all else irrelevant.  But how we formulate the “now” may well determine the future course of events. As such, in preparing, formulating and filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to approach the administrative process and procedure in a systematic, logical manner, if only to ensure the best chances of success at the First Stage of the process.

Culling together a disjointed disability retirement packet just to get it filed immediately (unless, of course, the Statute of Limitations is about to come upon one) is normally not a plan for a captain’s log for charting a ship’s future course; especially when one becomes aware of the stormy seas ahead.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Where to Begin

Many phone calls admit defeat before the process begins, and this, because the complex process itself is an obstacle of daunting proportions, preventing the Federal or Postal employee from envisioning a time in the future when a Federal Disability Retirement application will have been approved.  

Does a defeatist attitude impact a Federal Disability Retirement application?  Does the U.S. Office of Personnel Management “read into” a Federal Disability Retirement application, somewhat like a mental telepathist, and “know” that the Federal or Postal employee expects a denial? No.  But certainly the approach of how one compiles the evidence, guides the Office of Personnel Management in the roadmap of one’s Federal Disability Retirement application (by narrating a cover letter which is broad in scope, coherent in logical structure, and specific in discussing the attachments and their relevance, etc.), and provides a justifying legal basis for granting an approval — in a comprehensive compendium which provides a foundation to OPM to approve the case — is how one averts a defeatist attitude, and instead replaces it with a confident compilation of a catalogue of clarity (yes, one can get carried away with engaging in alliteration).

Remember that, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the important thing is to always begin with clarity; then, sift through and between that which is central as opposed to peripheral; and in the end, don’t act like an amateur — let the professionals handle it.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Beyond the MSPB

Because filing for Federal Disability Retirement benefits under FERS & CSRS is a process which may potentially take the full stages — from the initial application stage, to the Reconsideration Stage, to the Merit Systems Protection Board; then, if denied at the MSPB, to the Petition for Full Review, and if denied there, to the Federal Circuit Court of Appeals; as a result, it is a good idea to be represented by a Federal Disability Attorney.  Remember that the last two stages of the process only allow for arguing an error of law.  To that extent, if one pauses for a moment and reflects — everything ultimately comes down to an error of law.  Very rarely is there a misinterpretation of the facts. 

In a Federal Disability Retirement case, the medical evidence is fairly straightforward.  Yes, there can be some arguments concerning the interpretation of the extent and severity of the medical conditions, but the substantive focus of disagreement between the applicant and the Office of Personnel Management normally comes down to the appropriate application of the standard of law, and whether the application has met the burden of proof and satisfied the legal criteria for eligibility.  As such, the essence of a Federal Disability Retirement application comes down to whether OPM — and subsequently the Administrative Judge — has mis-applied the law.  Thus, at each stage of the process, it is important to lay the foundation by pointing out where the error of applying the law happened — at each and every stage of the process.

Sincerely, Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Each Stage is a Preparation for the Next

Proper preparation is the key to success in every endeavor.  Often, such preparation means that one must project for a disapproval at any given stage in filing an application for Federal Disability Retirement benefits under FERS or CSRS.  This does not mean that one “expects” that a Federal Disability Retirement application will be denied or disapproved; rather, it means that in the event that such a denial is issued, you have properly laid the groundwork for the next stage.  Much of what constitutes anticipatory preparation has to do with predicting the various points of weakness in a case. 

It is rare for a case to ever be a certainty — although, it is quite understandable for an applicant to believe that his or her Federal Disability Retirement application is “the one” — the one that will only need the First Stage of the Process; the one that cannot be disputed; the one which won’t need but a minimum amount of preparatory work; the one that…   Such an attitude is quite understandable, precisely because the applicant is the same person who is experiencing the multiple medical conditions, and such an experiential perspective cannot possible understand how an application involving his or her medical condition could possibly be denied.  At the same time, however, such a perspective fails to understand the puzzling, often arbitrary and capricious decision-making process engaged in by the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire