The preconditioned attitude of the general public is that, if X has a medical condition, then such medical condition, by the very nature of the condition itself, will either entitle one to benefits, or not. Such an approach is what one is conditioned to expect — that by the very nature of the medical condition itself, means that it will either lead to, or not lead to, a specified result. This viewpoint and approach is based upon a definitional standard, where the very essence of what it means to suffer from X already predetermines whether one is eligible and entitled to benefit Y.
Social Security assumes such an approach. To some extent, so does OWCP, because the Department of Labor is willing to pay a certain amount of compensation based upon a predetermined calculus of a percentage rating, for loss of limb, loss of use, loss of functional capacity, etc.
This is why Federal and Postal employees who first contemplate preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, will attempt to tie the fact of having a medical condition with the question, “Does this qualify me for Federal Disability Retirement benefits?” But that is the wrong paradigm to use in asking the question. For, eligibility for Federal Disability Retirement benefits from OPM is not based upon a definitional ascription of a medical condition; rather, it is that “third element” — the connection between X and Y, X representing the medical condition and Y standing for the positional duties which the Federal or Postal employee must engage.
In many respects, Federal Disability Retirement answers the philosophical question which David Hume asked: Is there a necessary connection between cause and effect? For Federal Disability Retirement purposes, the answer is a resounding “yes”.
Sincerely,
Robert R. McGill, Esquire
Filed under: Reflections of an OPM Disability Retirement Lawyer, Uncategorized | Tagged: a federal attorney's legal methodology and approach, a self-defeating fallacy: if you have a serious medical condition you will automatically qualify for opm disability retirement, air traffic control disability retirement, air traffic retirement and social security disability, attorney representing federal employees, blogs for disabled postal or federal employees, blogs owcp and opm disability issues, building a fers disability claim on weak assumptions, can I file an eeoc complaint against owcp? yes you can but you may want to consider spending your money and time in your best bet, cases won for usps clerks in federal workers compensation or disability retirement, disability ratings for workmans comp, disability retirement for federal employees, disability retirement opm forms, Federal Disability, federal disability retirement, federal employee bullying case of anxiety and depression, federal employees and ssdi, federal employment disability application, federal gov employee’s response letter to notice of proposed separation medical, fers disability and social security disability, FERS disability retirement, fers disability retirement forms help, fers disability use your leave while waiting (this is a complex but important issue so search for “back pay” in this site or call atty for free consultation), form sf 3112d disability, having a medical condition by itself does not guarantee your eligibility for federal disability retirement, how a commonly wrong assumption can help to defeat your federal disability claim, how does long term disability leave work for the us post office?, how to best approach a fers disability case, insights to the opm proof-process, is carpal tunnel a disability under federal retiree disability? yes as long as it inhibits “efficient” job performance, law firm representing clients in opm disability law all across america, lawyer federal retirement disability, lawyer representing postal workers, letter for employee retirement due to illness, nationwide representation of federal employees, OPM disability retirement, opm disability retirement is a proof-based process, opm form 71 2015 no consent, opm medical retirement forms legal assistance, owcp disability retirement, Postal disability, postal service disability retirement, preconceived ideas on federal employees medical retirement, preconditioned assumptions most federal and postal employees have about federal disability retirement, prevailing wrong assumptions about federal disability retirement, reprogramming your approach to federal disability retirement, sf-3112 b documentation, taking a wrong approach with your medical fers retirement, the right approach when preparing a federal disability retirement packet, USPS disability retirement, usps federal attorney, usps form 50 personnel action against disabled employee, wrong assumptions that will spell disaster after submitting an original federal disability retirement application | Leave a comment »
Postal and Federal Disability Retirement: Where to Begin
Many phone calls admit defeat before the process begins, and this, because the complex process itself is an obstacle of daunting proportions, preventing the Federal or Postal employee from envisioning a time in the future when a Federal Disability Retirement application will have been approved.
Does a defeatist attitude impact a Federal Disability Retirement application? Does the U.S. Office of Personnel Management “read into” a Federal Disability Retirement application, somewhat like a mental telepathist, and “know” that the Federal or Postal employee expects a denial? No. But certainly the approach of how one compiles the evidence, guides the Office of Personnel Management in the roadmap of one’s Federal Disability Retirement application (by narrating a cover letter which is broad in scope, coherent in logical structure, and specific in discussing the attachments and their relevance, etc.), and provides a justifying legal basis for granting an approval — in a comprehensive compendium which provides a foundation to OPM to approve the case — is how one averts a defeatist attitude, and instead replaces it with a confident compilation of a catalogue of clarity (yes, one can get carried away with engaging in alliteration).
Remember that, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the important thing is to always begin with clarity; then, sift through and between that which is central as opposed to peripheral; and in the end, don’t act like an amateur — let the professionals handle it.
Sincerely,
Robert R. McGill, Esquire
Filed under: Pre-Application Considerations | Tagged: a federal attorney's legal methodology and approach, a realistic approach to the fers disability retirement application, accepting opm disability clients all across america, affirmative approach for OPM disability retirement, developing the right attitude before staring the federal disability retirement process, federal disability attorney, fighting feelings of an uncertain future for the disabled federal worker, getting ready to fight the battle to win your disability compensation benefits, legal services for federal and postal workers all across america, maintaining a positive attitude, neutralizing negative comments and/or information for the disability applicant, owcp disability retirement, Postal Service disability, preparing to fight for your opm disability claim in all the ''rounds'' of the precess, replacing a defeatist attitude with a ''yes I can'' attitude, suppressing negative emotions before a major survival fight, taking a wrong approach with your medical fers retirement, taking an affirmative approach to win a fers disability claim, the approach and methodology a disabled federal employee needs, the defeatist attitude that can diminish your chances of getting federal disability retirement, the federal employee's extreme expectations toward a complex disability process, the most complete blog on federal disability retirement, the negative attitudes many federal employees have even before submitting their disability application to the opm, the right approach when preparing a federal disability retirement packet, when and how do I become eligible for opm disability retirement, where do I begin the federal disability retirement process? | Leave a comment »