Disability Retirement for Federal Workers: Undue Focus upon Minutiae

It is like the story of the man who rushes in breathlessly and declaratively warns others of the impending tornado, and with only minutes to spare, he is stopped and asked, “But will we still be able to watch our evening shows?”  The focus upon relevant details; of the “larger picture“; of logical and sequential sets of facts, as opposed to getting irrelevant information correctly stated, is often a problem in writing effectively.

The ability to use discretionary choices in separating factually important descriptions from those which are tertiary at best — will result in having the reader focus upon the essential aspects of one’s presentation, in any context or forum.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is vitally important to separate and bifurcate that which is primary in importance, that which is secondarily of relevance, and those factual minutiae which, even if left out, will make little or no difference to the substantive content of a Federal Disability Retirement application.

Often, Federal and Postal employees who suffer from severe psychiatric conditions will unduly focus upon minutiae which, in the context of their medical conditions, are exponentially quantified in magnified importance beyond reason or rationale.  One must understand that such is the very nature of the psychiatric condition itself; but recognizing it as such, and trusting in the wise counsel and advice of one’s attorney, is the best first step in making sure that one’s Federal Disability Retirement application will have a fighting chance for an approval.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Getting Lost in a Morass

At each step in the administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, including any responses to denials from OPM in order to qualify for the subsequent stage of the process (i.e., a Request for Reconsideration must be filed within thirty (30) days of the denial; an appeal must be filed with the Merit Systems Protection Board, etc.), there is always the danger of becoming lost in the morass of peripheral issues, often resulting from a sense of panic upon an initial reading of correspondence received.  

Thus, whether it is a letter from the Office of Personnel Management for additional medical documentation; a decision of denial at the Initial Stage of the Process; a second denial from the Office of Personnel Management — it is important to have a sense of how one must extract the essential points which must be addressed, and refuse to respond in a reactionary, ineffective manner.

Compiling an immediate response based upon an initial reading is normally a waste of time.  Verbiage which takes up space on a page of paper does not in and of itself mean that it requires a substantive response.  Much of what the Office of Personnel Management states can be summarized in a couple of sentences, once all of the ancillary issues are set aside.  

Further, it is more often the case than not, that what the Office of Personnel Management states as the requirements of “the law” is simply wrong.  OPM is rarely up-to-date on the current case-law as handed down by the Merit Systems Protection Board or the Federal Circuit Court of Appeals. Compliance with the law is one thing; compliance with the wrong law and an erroneous interpretation of legal requirements is quite another.  

To panic is to remain in a morass; to re-review the legal requirements in the administrative process of applying for, and becoming eligible for, Federal Disability Retirement benefits, whether under FERS or CSRS, is essential to the road to success.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Content & Substance

Form, Content & Substance.  Form is the appearance and the general approach & methodology of a Federal Disability Retirement packet; Content is the essence of that which makes up the materials in the packet; and Substance (hopefully) is the “meat” of the packet itself.  Make sure that what is stated is substantive.  

OPM Representatives have multiple cases.  From the perspective of the Federal Disability Retirement applicant, it is a singular case, because it is one’s own case, and the personal nature of such a case makes it of paramount importance.  From the perspective of the OPM Representative, however, it is one of multiple cases, and it is part of his or her job.  If one has to wade through a generous amount of fluff before getting to the content of the Federal Disability Retirement application, the energy expended may be a distraction from a serious review of the substantive content.  A descriptive narrative bridging the medical condition with the type of job one performs is a necessary component; but as between a concise short story and a novella, the former is to be preferred in preparing and filing a Federal Disability Retirement application under FERS & CSRS.

Sincerely,

Robert R. McGill, Esquire