Misnomers and the OPM’s Disability, Reconsideration & Appeals Division

The problem with misnomers is not just the inaccuracy of designation which is either explicitly or implicitly conveyed, but the unintended consequences of the string of reactions and responses which can occur as a result thereof.  Sometimes, interpretive mistakes occur purely on a subjective basis; in which case it is not truly a case of a misnomer, but rather merely the misunderstanding by the recipient of the information.  Other times, a word or designation can be open to multiple meanings, where reasonable people can differ on the inferences to be made.

For Federal and Postal employees who have filed for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Service employee is under FERS or CSRS (such acronyms have specific, esoteric meanings only to Federal or Postal employees, and as such, cannot constitute an objective misnomer, but rather a potentially subjective one), the complexity of the administrative and bureaucratic process can result in the failure to recognize and properly respond to various misnomers throughout the process.

For example, when a Federal Disability Retirement case is assigned to an Administrative Specialist at the U.S. Office of Personnel Management, and one receives a letter informing the Federal or Postal Disability Retirement applicant that X is further needed — the identification of the OPM Representative that he or she is from the “Disability, Reconsideration & Appeals Division” is both confusing and a misnomer.

For, the recipient of the letter (and just to receive any correspondence from OPM other than an approval letter or a denial letter is an amazing fact in and of itself) can well infer from the designation that his or her Federal Disability Retirement application has already been denied without notification (i.e., because it is in the “Reconsideration & Appeals Division”). In fact, all cases fall under the aegis of “Disability, Reconsideration & Appeals” section of the U.S. Office of Personnel Management.

Misnomers may be unintended. It is the recipient and the responder who must, unfortunately, live with the consequences.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: A Federal Issue

Most legal issues require representation by an attorney licensed in the state where the legal matter arises. Thus, divorce proceedings; accidents and torts of various kinds where the injury occurs; contracts where they are formulated and agreed upon; negligence actions where the act occurred, etc.

But for such administrative proceedings such as the preparation, formulation and filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the state from which the attorney received his or her legal license becomes irrelevant precisely because the practicing of Federal Disability Retirement law crosses all state lines, and does not involve any issues which are unique to a particular state at all, but rather is entirely a “Federal” issue involving Federal statutes, regulations, administrative agencies, etc.

Further, while many individuals may still express a “comfort” zone of desiring to “see” the attorney by visiting him or her in an office, such a personalized encounter may simply be an impracticality. Agencies span the entire country, and indeed, Federal workers are stationed throughout the globe in Europe, Asia, the Philippines, etc., and representation for such Federal issues as filing for, and obtaining, Federal and USPS Disability Retirement benefits from the U.S. Office of Personnel Management, is best done by an attorney who is experienced in the administrative process of law entailing all aspects of OPM Federal Disability Retirement law.

Fortunately, with modern technology, including email, fax, phone, express delivery, etc., close contact with an attorney who specializes in Federal Disability Retirement law is merely a “push-button” away. In an impractical universe, it is best to use the services of practical technology.

Federal Disability Retirement is a Federal issue, not a state one, and this should always be kept in mind when seeking representation in the matter.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Interests of Each

In assessing and evaluating friends, adversaries or neutral parties, it is important to analyze the self-interest of each, to understand the differing perspectives of the people involved, then to arrive at conclusions concerning the benefits received in the interaction of the process.  

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management, the parties involved include:  The individual FERS or CSRS Federal or Postal employee who is contemplating initiating and filing for Federal Disability Retirement benefits; the Agency (including coworkers, Supervisors, Managers, etc.) for whom the Federal or Postal worker is employed by; the Human Resources Department of the Agency (which is a separate and distinct entity from the “Agency” for whom the Federal or Postal worker is employed by, precisely because (A) they are often a separate section of the agency and (B) the personnel employees have had no day-to-day contact, for the most part, with the employee but (C) whether the Human Resources Department is “management-friendly” or “employee-driven”, may color the perspective of where their alliances and loyalties lean); the U.S. Office of Personnel Management; the Attorney or Representative of the Federal or Postal employee assisting in the preparation, formulation and filing of a Federal Disability Retirement application.  

Obviously, the first and the last (the potential Federal or Postal employee/applicant for Federal Disability Retirement benefits) and his or her attorney, should have a contiguous perspective:  to look out for the best interests of the Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS.  The “others” — no matter how friendly, by all appearances “helpful”, and no matter how much assistance is provided —  have their own self-interests to protect, preserve and advance.  Keep the different perspectives in mind.  Better yet, understand that self-interest is the primary motivating factor of Agencies — and act in the interest of one’s own advancement accordingly.

Sincerely,

Robert R. McGill, Esquire