Federal Disability Retirement: What Are You Trying to Prove?

The word “refrain” is an interesting one for its multifarious definitions — from restraining one’s self (a physical act of self-control) to identifying a phrase or group of phrases which are repeated throughout a verse, song, etc., the application of the word is useful by its very differences.  And, indeed, it is the differences between a Federal Disability Retirement application, whether under FERS or CSRS, from the U.S. Office of Personnel Management, from the entire administrative process of filing for Social Security Disability benefits, or obtaining a higher disability rating from the Veterans Administration, or even attempting to establish causality in a Federal OWCP, Department of Labor case — which makes all the difference.

Such a tautology and redundancy, while rather puzzling, is what must be kept in mind when preparing, formulating and filing for Federal Disability Retirement benefits.  It is indeed the differences which make for the difference.  Thus, as to the refrain, “What are you trying to prove?”, goes to the very heart and essence of the differences.  That which one is trying to prove strikes at the essence of how you will approach a Federal Disability Retirement case, distinctly and differently from what you are trying to prove for an increased VA rating, OWCP case or a Social Security Disability case.

Furthermore, normally the “shotgun” approach will not be the most effective — i.e., that approach of shooting at everything and in every direction and hoping that you will somehow hit the mark.  Federal Disability Retirement requires certain specific elements to prove, different and distinct from OWCP, VA or SSDI, and it is indeed that which one needs to prove, which will make all the difference in a case.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The “Grab-bag” Approach

In preparing, formulating, and filing a Federal Disability Retirement application under FERS or CSRS, there is always the question of which medical conditions to include in the Applicant’s Statement of Disability (prepared on SF 3112A).  One approach which many Federal and Postal employees take (which, in my opinion is the wrong one to embrace), is to name every medical condition, symptom and suspected symptom one has suffered from, or is suffering from.  This might be characterized as the “shotgun” or “grab-bag” approach. 

One must be sympathetic to this approach, of course, if only because of the following reason:  OPM regulations and case-law supports the position that once an application for Federal Disability Retirement benefits has been filed with the Office of Personnel Management, a Federal or Postal employee cannot amend or add any further medical conditions without withdrawing the application and re-filing. 

Thus, a Federal or Postal employee who prepares and files an application for Federal Disability Retirement benefits is “locked into” what is stated on one’s SF 3112A.  Because of this, many Federal and Postal employees who prepare the application without the assistance of competent legal representation will take the “grab-bag” approach of listing every possible medical condition known to man. 

While this may seem like a reasonable, “safe” approach to take, remember that such an approach can have unintended consequences:  Upon an approval of the Federal Disability Retirement application, the approval letter may approve the Disability Retirement application based upon a minor medical condition which you no longer suffer from.  This, of course, can have negative consequences down the road.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Shotgun v. Tailored Approach

In filing a Federal Disability Retirement application, there is the “shotgun approach” — of peppering the application with any and all medical conditions which may prevent or otherwise impact one’s ability to perform one or more of the essential elements of one’s job.  The danger of this approach, of course, is that the Office of Personnel Management can (and does) stop at the first medical condition which they deem disables the applicant from performing any of the essential elements of one’s job. If the basis of such a disability retirement approval is a secondary, or somewhat inconsequential medical condition, then there is the danger in the future that, if you receive a Medical Questionnaire requesting an update on your medical condition, that you may have recovered from such a secondary medical condition and deemed to have been fully recovered.  Now, every now and then, in the approval letter issued by the Office of Personnel Management, it will not specify which medical condition was the basis for the approval which was rendered.  However, this is in a minority of approval letters, and is not worthwhile enough to consider taking a chance on such a shotgun approach.

Sincerely,

Robert R. McGill, Esquire