Tag Archives: the central issues of a federal disability retirement claim

CSRS & FERS Medical Disability Retirement: The Muddle of a Myopic Focus

Focusing upon a singular aspect of an issue, and failing to comprehend its limited import and relevance within the greater context, is a pitfall which many fall into.  It is tantamount to having a myopic condition — where one’s nearsightedness prevents one from having the capacity to focus upon anything beyond those within one’s easy reach.

In a Federal Disability Retirement application, filed through one’s agency (if one is still a Federal or Postal employee, or if separated, such separation has not occurred more than 31 days) and ultimately forwarded to the U.S. Office of Personnel Management (or, if separated from one’s agency for more than 31 days, directly to the Office of Personnel Management in Boyers, PA), whether under FERS or CSRS, it is important to approach the preparation, formulation and filing of one’s Federal Disability Retirement application with a larger view than to discuss issues of limited relevance.

For example, when a Federal or Postal employee is embroiled in an adversarial and contentious process with one’s own agency, or a supervisor, it is often reflected in the Federal Disability Retirement application via a tirade of specific descriptions concerning harassment, workplace hostility, etc.  While such descriptions may be relevant for purposes of an  EEOC claim, it has very little significance for one’s Federal Disability Retirement claim.

Keep the essence of a case at the forefront:  Medical issues; impact upon one’s ability/inability to perform the essential elements of one’s job.

All myopic conditions need correction; properly prescribed glasses to keep one’s focus may be a necessary expense.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Refinements, Redux

A “refined sense of taste”; refineries which take crude oil and extract and leave out the waste; perfecting and polishing that which is roughly hewn.  What always needs to be focused upon, first and foremost, however, is the foundation which allows for such refinements, and to ensure that the “base” is solidly built, upon which such “refinements” can be made.

Thus, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to put one’s energies into building the proper foundation at the outset — and, in practical terms, that means obtaining an excellent medical report.

Federal and Postal workers inquiring about Federal Disability Retirement benefits often get sidetracked with agency and employment issues which, while having some corollary or peripheral relation to one’s medical conditions and work-related concerns which may have prompted an adverse action, or even perhaps discriminatory behavior on the part of the agency; nevertheless, the focus must be upon the foundation, with all else being recognized as secondary matters to be dealt with separately.

Thus, the story of the three piggies:  remember that it was the one with the solid foundation which survived the attacks.  By analogy and metaphor:  The agency is the Big Bad Wolf; the Federal or Postal employee is the piggy; the house to be built is the Federal Disability Retirement packet.  For that, a solid foundation must be created; window dressings can come later.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Connections

It is the logical and sequential connections between independent facts, which provide the foundational basis in “proving” a thing.  One can infer or imply; it is indeed possible to extrapolate; but to leave such cognitively-arduous exercise to someone at the Office of Personnel Management is merely to cast it to a chance occurrence.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to expressly state the obvious — and not just the facts themselves, but the very connections which bind the independent conceptual constructs, and which lead to unmistakable and irrefutable conclusions.

Thus, while it might be obvious to some that if X medical conditions impact Y essential elements of one’s positional duties in the Federal agency or the U.S. Postal Service, it is nevertheless important to emphasize the “why” as well as the “how”.

From a treating doctor’s perspective, such a connection may be so obvious that it need not be emphasized — precisely because of the intimate knowledge which the treating doctor has accumulated over the years and years of reviewing diagnostic test results, through repeated clinical examinations, etc.  But from a case-worker’s perspective at the U.S. Office of Personnel Management, who is reviewing one’s application for Federal Disability Retirement benefits for the first (and possible only) time, repetition of connections is vital to a successful outcome.

How does one metaphorically gain the attention of someone at OPM?  By repetition and making explicit that which may otherwise be implicit and hidden.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Complexity & Context

Complexities in any field, whether general, technical or mundane, possess a context which includes its history, its underlying purpose, and the years of evolving issues which have impacted the expanding compendium of rules, regulations, statutes and procedural mandates.  The previously-stated sentence is itself a paradigm of such complexity, and unless a proper context is provided, retains scant meaning except in a garbled conglomeration of independent words.

Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, is somewhat akin to the context-less complexity experienced by any Federal or Postal Worker who approaches such an administrative process.  Those who have been involved in the substantive and procedural morass understand the methodology, means and minutiae which must be engaged in order to successfully maneuver through the regulatory and administrative process.  But most Federal and Postal employees have a singular contact with the entire process (and thankfully so), without a context of how, why, or when it reached a level of such complexity that it became necessary to search for some guidance to understand the very process itself.

Unfortunately, Human Resources personnel are often unhelpful or uninformed themselves.  The statutes, laws and procedural regulations which are supposed to guide the Federal or Postal employees have themselves become a conglomeration of complexities.  And the ability to discern and distinguish between information, helpful information, and errant information, has become a problem in and of itself.

Best to take some time at the front end to simply gather some facts, and determine what the central issues are.  Taking the time at the front end to tackle the complexities, and understand the context, will save some troubles down the road.

Sincerely,

Robert R. McGill, Esquire