CSRS & FERS Medical Disability Retirement: Refinements, Redux

A “refined sense of taste”; refineries which take crude oil and extract and leave out the waste; perfecting and polishing that which is roughly hewn.  What always needs to be focused upon, first and foremost, however, is the foundation which allows for such refinements, and to ensure that the “base” is solidly built, upon which such “refinements” can be made.

Thus, 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 put one’s energies into building the proper foundation at the outset — and, in practical terms, that means obtaining an excellent medical report.

Federal and Postal workers inquiring about Federal Disability Retirement benefits often get sidetracked with agency and employment issues which, while having some corollary or peripheral relation to one’s medical conditions and work-related concerns which may have prompted an adverse action, or even perhaps discriminatory behavior on the part of the agency; nevertheless, the focus must be upon the foundation, with all else being recognized as secondary matters to be dealt with separately.

Thus, the story of the three piggies:  remember that it was the one with the solid foundation which survived the attacks.  By analogy and metaphor:  The agency is the Big Bad Wolf; the Federal or Postal employee is the piggy; the house to be built is the Federal Disability Retirement packet.  For that, a solid foundation must be created; window dressings can come later.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: The Pragmatic Steps

The practical aspects of every process must never be overlooked.  When an issue or procedural process appears complicated, what often happens is that people get entangled in the details of such complexity and overlook the fundamentals which support the composite of such perplexing complications.

This principle of never forgetting to take care of the essentials, is no less true in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

One can, for example, get entangled in the details of the legal interpretation of what constitutes a viable accommodation under the law, and whether or not the agency is able to offer such a proposal of accommodation.  And, indeed, agencies will often misinterpret and attempt to characterize actions on their part as constituting an accommodation (i.e., that they “allowed” the Federal or Postal employee to take sick leave, annual leave or LWOP to attend to his or her medical appointments — hardly a legally viable accommodation under the law, when all that was initiated was to allow the Federal or Postal employee to do that which he or she already had a legal right to do), and when that happens, it is up to the applicant and his/her Federal Disability Retirement attorney to point such mis-statements out to OPM.

The web of complications in the process of filing for Federal Disability Retirement benefits can be wide and perplexing; but just as a spider must prepare the threads which connect into an intricate criss-crossing of singular threads into a composite of such threads in order to effectively catch its prey, so the Federal or Postal worker wwho contemplates filing for Federal Disability Retirement benefits must carefully build his or her case beginning with the first, fundamental steps on the road to a solid foundation

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Some Basics

Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is an administrative process which one must undergo if a Federal or Postal employee is medically unable to perform one or more of the essential elements of one’s position.

It is a benefit which is accessible only if proven; and proof must meet the legal standard of “preponderance of the evidence“, through a tripartite methodology:  Evidence of the existence of a medical condition; the nexus of that medical condition impacting upon one’s ability/inability to perform the essential elements of one’s job; and that such a medical condition(s) cannot be legally accommodated by the agency such that the Federal or Postal employee can perform all of the essential elements of the Federal or Postal job.

While the Federal or Postal employee has up until one (1) year from the date of separation from Federal Service to file for Federal Disability Retirement benefits, the proof of when the nexus formed between one’s medical condition and the impact upon the position of one’s Federal Service, must have occurred during the Federal Service.

These are just some basics of Federal Disability Retirement law; the complexity, of course, resides in the details, and it is always the details which provide the fodder for an OPM denial.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Always Returning to the Basics

It is always important to return to basics when considering the option of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Just as we are all well-aware of the concepts of a “return to nature”, or going “back to our roots” — such fashionable sayings remind us of the need and the necessity of embracing the foundational virtues which make up any endeavor or activity — so it is with a return to basics in a Federal Disability Retirement case.

Whether it concerns the issue of the medical condition itself; the issue of accommodations; whether “light duty” or “modified duties” have been offered; whether there are EEOC issues, work harassment, Performance Improvement Plans initiated; whether one is being presented with a Proposed Removal based upon factors other than one’s physical or psychiatric inability to perform the essential elements of one’s job — all such issues must draw a line directly to the basic component of:  How does it impact the performing of the essential elements of my job?  Thus is the nexus created; thus does one go back to the basic components of a Federal Disability Retirement case.

While such an approach may not return us back to nature, it will provide a framework for a successful OPM Disability Retirement application, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Basics & Complexity

Appearance versus reality; ease of effort as opposed to great physical exertional requirements; basic components which make up for a complex composite — the inverse/converse of oppositional forces may seemingly contradict each other, but in most cases, they are entirely compatible.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial encounter with the multiple forms which must be completed, the complexity of the questions requested to be responded to — with the underlying sense that each question contains an implicit “trickiness” where the government is attempting to either cage you into a corner you do not necessarily want to be pushed to, or otherwise to state things which cannot be answered in such simplistic format — all betray a conundrum:  Is it as simple as the questions appear?  Or is the complexity hidden in the appearance of such simplicity?

Then, of course, a partial answer will surface when a Federal Disability Retirement application is denied by OPM at the First Stage of the process:  all of a sudden, various legal criteria are cited; standards of proof heretofore unmentioned are recited like a litany from a food recipe; and by the way, if it gets denied again, you get to read through a thick legal packet concerning your “appeal rights” from the U.S. Merit Systems Protection Board.

Yes, it appears simple; it’s only that the complexity remains hidden in the compendium of laws, statutes and regulations which undergird the entirety of the complex administrative procedure encapsulating Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Essential Points

Becoming embroiled in the minutiae and complexities in the preparation, formulation and filing of a Federal Disability Retirement application is important and necessary; however, in doing so, it is important to make sure that the foundation — the “essentials” — are not overlooked in the process.

Thus, while preparing and formulating the Federal Disability Retirement application under FERS or CSRS, for submission to the U.S. Office of Personnel Management, always go back to the three (3) essential elements of a Federal Disability Retirement case:  First, the medical condition itself.  Preparation by the treating doctor of a sufficient medical narrative report is essential to the successful outcome of a Federal Disability Retirement application.  Guidance as to the elements which must and should be contained in the medical narrative report is crucial to the endeavor.  

Second, the position description.  Always remember that it is not only what one is actually doing in a Federal or Postal position (although that is also a part of it), but also what the official position description states that one should be doing, or may be asked to do at any moment (this can become an important part of the argument later against OPM if OPM decides to bring up any issues concerning Agency Accommodations).

Third, the Bridge or Nexus between the Medical Condition and the Position.  This is the important “third rail” of the entire process, which should be delineated first in the medical narrative report prepared by the doctor, as well as described effectively in the Applicant’s Statement of Disability.  Of course, throughout the process, it is important to attend to the details; but never let the complexities of the details sidetrack you from the important essentials in preparing, formulating and filing for Federal Disability Retirement benefits whether under FERS or CSRS, from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Always Stick to the Basics

If one’s thoughts advance too far beyond the practical application of what one is engaged in, often the complexity initiated by the human mind will disproportionately put out of balance the reality of a requirement as opposed to the endless possibilities ventured by the human imagination.  

In preparing, formulating and filing a Federal Disability Retirement application under either FERS or CSRS, it is often counterproductive to reflect too extensively upon the various standard forms which must be completed.

Yes, the forms are confusing, create unnecessary consternation, and need correlation and cooperative coordination between them in order to produce uniformity and consistency in a Federal or Postal Disability Retirement application.  

Yes, it is precisely the inconsistencies, the internal and external contradictions (whether apparent or real, substantive or peripheral) which the Office of Personnel Management focuses upon in justifying a denial of a Federal Disability Retirement application.  

Nevertheless, it is more often than not the undue focus upon the potential complexities of the standard forms, the rumination upon potential consequences not yet actualized, of questioning, well, what is it that this question is really asking for?  Do they want me to include X, as opposed to Y?  Will it hurt my case if I say B, instead of including C, D & E?  Am I required to include everything, or will it be counted against me if I leave it out?  

Such questions are a natural part of preparing and formulating a Federal Disability Retirement application under FERS or CSRS.  If such ruminations result in an inability to proceed and advance forward, it might be time to contact someone who specializes in preparing FERS & CSRS Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Basic Elements

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important for the Federal and Postal worker who is contemplating filing for such benefits to keep in mind certain basic elements before engaging in the entire process:  

First, it is a long and arduous process, involving multiple stages (potentially) and requiring a great amount of patience.  

Second, the Federal or Postal employee should mentally expunge from one’s mind any view that Federal Disability Retirement is an entitlement — it is not.  The conceptual distinction between an “entitlement” and a “benefit” should be clear from the outset.  The former requires one to simply satisfy certain requirements in order to obtain the benefit; the latter requires that one prove all of the legal criteria, and submit evidence showing that one is eligible by a preponderance of the evidence.  The former requires nothing more than meeting certain basic requirements, which are normally automatic (age, for example); the latter mandates that one prove one’s eligibility.  

Third, there is almost never a “slam dunk” case, where one merely gathers the most recent medical records and reports, fills out the forms, and sends in the application.  Yes, there are certain limited cases, perhaps — i.e., of a Letter Carrier or a Special Agent who becomes bedridden — but these are rare and unique cases, and even then, it is still possible that the Office of Personnel Management will find a reason to deny such a case.  

Fourth, one must always prepare a case both for success at the First Stage of the Process, while at the same time laying the foundation for subsequent stages of the process.  

And Fifth, one should attempt to avoid inconsistencies, both internal and external, in the application, as OPM always targets inconsistencies as the basis for a denial, and likes to extrapolate and use such issues to base their denials.  

These are just some basic elements to keep in mind in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement Application: Starting with Basics

The complexities inherent in preparing, formulating, and filing a Federal Disability Retirement application with the Office of Personnel Management, whether under FERS or CSRS, are well-documented.  It can indeed be a daunting, intimidating encounter — for, while the Standard Forms themselves (SF 3107 series for FERS; SF 2801 series for CSRS; SF 3112 series — 3112A, 3112B, 3112C & 3112D for both FERS and CSRS) are rather simple in their outlook, it is the questions which are posed, and how one answers them, which will determine the success or failure of a Federal Disability Retirement application.  

Further, the laws themselves have evolved over time into a complex compendium of technical modifications and adjustments, as various legal issues have arisen in response to different determinations and decisions rendered by the Office of Personnel Management.  

When one first approaches the possibility of preparing a Federal Disability Retirement application, a view of the entire process and procedure is helpful, but then to step back and ultimately start the meticulous formulation of a Federal Disability Retirement packet with the “basics” in mind.  What are the basics?  Proper and compelling medical documentation; a description of the essential elements of one’s job; then the proper bridge between the two.  Without the proper bridge, it will lead to nowhere.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: When it Gets to the Merit Systems Protection Board (MSPB)

For whatever reason, a certain percentage of cases reach the third level in the process of applying for Federal Disability Retirement benefits:  The Merit Systems Protection Board.  If an individual is unrepresented at this level, the identical problem as that which occurs in any courtroom presents itself:  an attorney representing an individual provides an appearance of “objectivity” to the administrative judge; the advocacy on behalf of a disability retirement applicant has greater credibility, the arguments made on his/her behalf are now greater efficacy and weight, merely because the person arguing (the attorney) and the person for whom the arguments are made (the disability applicant), are not one and the same.

Whether fair or not, it is important that a disability retirement applicant obtain representation at this level, because Administrative Judges are more likely to listen to the arguments made by an attorney, precisely because the Attorney does not — other than the professional reputation of winning or losing the case — have a “personal” vested interest in the case itself.  As such, the arguments of an attorney have an appearance of objectivity, and it is that weight of objectivity which may be the deciding factor as to whether the applicant will get the disability retirement annuity, or not.

Sincerely,

Robert R. McGill, Esquire