CSRS & FERS Medical Disability Retirement: Bureaucracy and the Objective Algorithm

On the one hand, objectivity can be viewed as a positive thing; for, with it, one is assured that all applications are treated equally, by the implementation of identical criteria across the board.  “Gut feelings”, personal beliefs, and that “sixth sense” is eliminated; and thus is fairness achieved by the equal treatment of all cases, and “exceptional circumstances” are not, and cannot be, considered.

What such an approach gains in large-scale application, however, may lose out in individual cases.  For, if experience and age accounts for anything, it should allow for decisions made outside of the mainstream of thought, based upon those very factors which make up the difference — wisdom from years of engaging in a particular endeavor.

The problem with the bureaucratization of a process is precisely that it fails to allow for exceptions; but concomitantly, it is precisely those unique circumstances which cry out for a carved-out exception.  In a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, there are always cases where all of the facts and circumstances reveal eligibility; but in applying the mathematical (and thoughtless) algorithm of criteria-based analysis, there may be something missing.  Perhaps the doctor would not, or could not, say exactly X; or the test results revealed nothing particularly significant.

In some ways, the medical conditions identified as Fibromyalgia or Chronic Fatigue Syndrome represent such scenarios.  In those instances, it is important to descriptively convey the human narrative in a particularly poignant manner.

The administrative bureaucracy is here to remain among us; to rise above the level of thoughtless application of a criteria, however, one must creatively encourage the phoenix to rise from the ashes of boredom, and span its wings to include those others who deserve the benefits of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Understanding a Differing Perspective

Sometimes, all that one can do is scratch one’s head.  That common statement — to “scratch one’s head” — is meant to convey puzzlement or disbelief over an action, statement, or occurrence which belies rational explanation.  As rationality has been the foundation of thoughtfulness and considered formulations of explainable actions, so logic and reason have been the joists which provide the bridging support for acceptable discourse.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one assumes that there will be a fair and reasoned review of each Federal Disability Retirement application.

If a Federal Disability Retirement application is approved, then of course the level of rational discourse need not be extensive — for, implicit in the approval itself is an acknowledgement that the legal nexus between the medical conditions described and the statutory criteria required to be met, have been adequately constructed.  But in a denial, one would expect a well-reasoned discourse of “why”, as opposed to a standard template of identifying various documents submitted, and multiple declarative statements (with barely a rational explanation) of, “You do not meet criteria No. X”.

Often, it is a waste of time to try and understand the perspective of OPM.  The Office of Personnel Management is an agency which is busy and overwhelmed with a volume of cases.  Time constraints often betray the proper application of the law.  It is well that the old saying did not refer to scratching one’s back; for, there are many places where one simply cannot reach in order to scratch, and that is the sense one is left with in reading some of OPM’s denials.

Sincerely,

Robert R. McGill, Esquire