OPM Disability Retirement: The Details Determine the Path of Success

One is often asked concerning the steps to be taken in order to formulate a successful Federal Disability Retirement application.  Whether under FERS or CSRS, all such Federal Disability Retirement applications will ultimately be reviewed and critically analyzed by the U.S. Office of Personnel Management, to be determined as to whether such an application meets the legal standards for eligibility and entitlement under the statutes, regulations and case-laws governing Federal Disability Retirement.

As with all things in life, the path which one undertakes in an endeavor of this nature — the logistical “steps” that must be completed — will depend largely upon the particular facts of each case.  Yes, the general outline is somewhat identical for each; and, yes, the character and kind of evidence to be compiled may be similar.  But it is the uniqueness of the particular set of facts, for each Federal Disability Retirement application, which determines the type, extent and quality of a successful Federal Disability Retirement application.

Thus, to take an extreme example:  A Letter Carrier for the U.S. Postal Service who suffers a horrendous accident and becomes paralyzed, will not need much more than the emergency room and hospitalization records, and perhaps — and this is a “big” perhaps — a short (couple of sentences) statement from a doctor.

On the other hand, an IT Specialist working for a Federal agency who suffers extreme stress, will require a comprehensive medical report which details specific reasons as to the impact upon the positional requirements of his or her job.

As with almost everything in this complex compilation of sensory perceptions we identify as “life”, the details of a particular endeavor and encounter with a Federal Agency will determine the pathway to success; details matter, 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 precisely the details which determine which devil will rear its ugly head, and how to avoid such devilish encounters.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Importance of Clarity

Press conferences performed by various public figures are interesting to watch; some engage in obfuscation deliberately and artfully; others take the avoidance avenue and attempt to answer questions never asked or intended; and still others fumble through, unable to articulate a response which exists somewhere in the deep recesses of his or her fertile brain.

The joke in preparing a witness to testify is that if you don’t like the question, answer another; and if you don’t like that one; ask for clarification; and if it becomes too clear what direction the question is intending, begin talking about your aging parents.  Clarity is essential.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, being clear, concise and succinct are traits in a Federal Disability Retirement application which are important in order to convey the points which meet the standard of proof in a Federal Disability Retirement claim.  Knowing how to express the points; of getting from point A to conclusion B; and to keep the peripheral issues and historical background to a minimum, are essential linguistic tools which must be maximized.

The attention-span of a child is minimal; the ability of a case-worker to sift through a voluminous compilation of medical evidence and descriptive narrative creations of the Federal or Postal Disability Retirement applicant should be constructed within the context of a child’s attention span; for, in the end, the Federal or Postal employee filing for Federal Disability Retirement benefits under FERS or CSRS is not submitting the application for purposes of publication; rather, it is to get the attention of the right person for the singular reason:  an approval.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Wind Chime

Wind chimes are interesting objects; at once created to provide a soothing, mellifluous sound, they are often the product of artificiality attempting to mimic nature, and normally presented in the guise of nature’s own pleasantries.  Because the world has become a composite of artifice, we attempt to recreate that which we have destroyed or lost.  It attempts to “sound like” the real thing.  But it is the very mimicking which fails to meet the standard of the original, no matter how hard we try.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, if the Federal or Postal worker is attempting to obtain Federal Disability Retirement benefits without the assistance or expertise of an attorney, then the one caveat which should be applied is as follows:  Do it as a layman, not as an attorney.  In the end, the paper presentation to the Office of Personnel Management should be decided based upon the merits of the case.  However, when a Federal or Postal employee, unrepresented, attempts to “sound like” a Federal Disability Attorney, it creates an impression — sometimes of comical proportions — of bluster and lack of credibility, which detracts from the merits of the case.

In reviewing cases which have been denied at the First or Second Stages of the process, there are Disability Retirement filings which have attempted to follow certain “templates” based upon information provided, and which purport to cite legal authorities.  Obviously, the denial itself is proof enough that such attempts at “sounding like” fell on deaf ears.  Take the time to listen to the original; as in art, paintings, music and human contact, the “real thing” is almost always irreplaceable.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Keeping it Simple

Simplicity merely covers the complexity behind the beauty of the uncomplicated.  Indeed, one only has to look upon an Apple product, or a modern automobile, to recognize the underlying complexities which went into the production of such simplicity.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is often a desire to respond to an OPM denial by attempting to understanding the apparent ‘complexity’ of the denial.  By ‘apparent’ is meant the following:  Most, if not all, of OPM’s denials are regurgitated templates from thousands of previous denials, and quotations of alleged legalese notwithstanding, the basic components of a Federal Disability Retirement case do not change just because the language used attempts to complicate matters.

In the end, driving a technologically advanced automobile still requires hands on the steering wheel, and a foot on the gas pedal and the brake (hopefully, not both at the same time).  All the rest are simply “whistles and horns” to make it appear worth the price tag.

Sincerely,

Robert R. McGill, Esquire