OPM FERS/CSRS Disability Retirement: Sequential Propriety

In many societies and cultures which still consider social protocol of applicable importance, correctness and orderly rectitude must be followed in rigorous detail.  It is the process itself which constitutes substantive relevance, and not merely the ritual itself.

Thus, for example, engaging in the details of business dealings prior to enjoying a meal, or bringing up the subject of a disputed issue during a meal or in the presence of family members, may be a violation of such social protocol as to justify irreparable severance of any future business dealings.  Sequence of actions, tested and applied over decades and centuries of norms developed through cultural screens of human institutions guided by sensitivities impacted by trial and error, retain a purpose beyond the mere folly of observable appearances scoffed at by foreigners to the cultural protocol.

For those who are unfamiliar to the importance of such subtleties, a singular breach may invite a fury of cold shoulders resulting from the rudeness of misunderstandings. For the Federal and Postal Worker who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is something to take note of. Not in the sense of social protocol; rather, in the lessons which can be gleaned from the importance of sequential application.

In preparing, formulating and filing for Federal Disability Retirement benefits through OPM, it is important to recognize that proper sequence of compiling the evidence and presenting one’s case can be crucial in the successful filing of a Federal Disability Retirement application.  Doing things “out of step’ can result in preemptively harming one’s own OPM Disability Retirement application.

Whether it is like the proverbial gaffes of, for example, “letting the cat out of the bag”, or “speaking out of turn”, one should always take seriously the relevance and importance of social protocol as a cultural phenomena which contains a logical basis, and is not merely a compendium of silly rules garnered to make outsiders uncomfortable; rather, proper sequence and protocol of actions often teaches us that how one performs the process itself is just as important as the end product for which we strive.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Key Words, Conveyance of Information, and Satisfying the Legal Criteria

There is often a misunderstand about a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS: that the magic of linguistic compliance will bring about success, as opposed to the compilation and delineation of information needed to meet the legal criteria in a case.

There are no “magic words” or “key phrases” which the Federal or Postal applicant, the treating doctor, or the lawyer representing the Federal or Postal employee, can utilize or include in any Federal Disability Retirement packet, which will ensure or otherwise exponentially increase the statistical variances of being successful in applying for Federal Disability Retirement benefits.  Rather, the “key” to a successful filing of a Federal Disability Retirement application is to compile the necessary and required documentation in order to meet the medical and legal criteria mandated by law, in becoming eligible and entitled to Federal Disability Retirement benefits.

The difference may be somewhat subtle: on the one hand is the misguided approach of thinking that Federal Disability Retirement application-X was successful because it contained certain key phrases and elements, and thus in thinking that a regurgitation and reenactment of those phrases or elements, if used in another Federal Disability Retirement application, will result in an identical outcome.

The proper approach (satisfying the converse grammatical requirement and avoiding the necessity of saying, “on the other hand”) in opposition to the “key phrase” thought, is to recognize that each Federal Disability Retirement application-Y is constituted by unique facts and medical data peculiar to the individual case, but that in the application of those facts and data, compliance with the administrative criteria is somewhat self-reflective. Similarity, however, does not imply successful extrapolation of previously-applicable content from another Federal Disability Retirement application.

That is the mistake which is often made: One success often leads to the laziness of regurgitation; to put it crudely, one can starve by feeding upon the same food within a confined organic digestive system. In the end, a successful Federal Disability Retirement application must not rely upon prior successes, but rather, recognize the uniqueness of each set of circumstances, apply the relevant law to such peculiarities, and argue the evidence in the context of the conveyance of information meeting the statutory criteria espoused by the U.S. Office of Personnel Management in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Key Words and Phrases

In every writing endeavor, there arises over time an identification of the efficacy of certain key words and phrases.  The problem with such identification, however, is that the deliberate extrapolation and insertion of such “keys” will often lead to over usage, inapplicable repetition, and loss of effectiveness resulting from the very recognition of the centrality and importance of such words and phrases.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often a tendency to want to know what the “key” is to the successful outcome of a Federal Disability Retirement case.  It is like searching for the entrance to a secret passage:  we believe that if X is discovered, inserted into the proper keyhole, then the mysteries of that which we fail to understand will be opened.  But proper flow and substantive appropriateness of any medical terms must always be considered within a greater context.

Ultimately, it is not any particular word or phrase which leads one onto the path of success in a Federal Disability Retirement case; rather, it is the substantive conceptual underpinnings behind such words and phrases which matter.  Not the words themselves; nor the phrases which describe; rather, the meaning behind such words and phrases within the context of the entirety of one’s medical condition — that is the key to a FERS Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Each Stage is a Preparation for the Next

Proper preparation is the key to success in every endeavor.  Often, such preparation means that one must project for a disapproval at any given stage in filing an application for Federal Disability Retirement benefits under FERS or CSRS.  This does not mean that one “expects” that a Federal Disability Retirement application will be denied or disapproved; rather, it means that in the event that such a denial is issued, you have properly laid the groundwork for the next stage.  Much of what constitutes anticipatory preparation has to do with predicting the various points of weakness in a case. 

It is rare for a case to ever be a certainty — although, it is quite understandable for an applicant to believe that his or her Federal Disability Retirement application is “the one” — the one that will only need the First Stage of the Process; the one that cannot be disputed; the one which won’t need but a minimum amount of preparatory work; the one that…   Such an attitude is quite understandable, precisely because the applicant is the same person who is experiencing the multiple medical conditions, and such an experiential perspective cannot possible understand how an application involving his or her medical condition could possibly be denied.  At the same time, however, such a perspective fails to understand the puzzling, often arbitrary and capricious decision-making process engaged in by the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Approaches & Decisions (Continuation)

This is not to say that the Reconsideration Stage of the process, in the stage where there has (obviously) been an initial denial, should not retell a narrative; it is to simply point out the differences in where the emphasis should be — or, rather, where I place the different emphasis based upon the stage. 

How I approach each stage, in general terms, is as follows:  The Initial Stage (the initial application for Federal Disability Retirement benefits under FERS & CSRS) focuses upon the narrative of the applicant — the description of the medical condition; the kind of job and the essential elements thereof; the interaction and impact of one upon the other, as well as some initial legal arguments.  If it is denied, then the Reconsideration Stage has a “shift of paradigm” on what should be emphasized.  The Office of Personnel Management will often question the adequacy of the medical documentation.  In that case, one needs to respond in a two-pronged attack:  (perhaps) an updated medical report, but concurrently, an aggressive legal attack upon the legally untenable position of the denial.  This methodology sets up for the Third Stage of the process, in the event that it becomes necessary — the Merit Systems Protection Board.

Sincerely,

Robert R. McGill, Esquire