Postal and Federal Disability Retirement: Coordinating the Elements of Success

Coordination is something taken for granted; it is only when there is a visible lack of coordination that one comes to appreciate that which has been taken for granted.  Thus, when a disjointed presentation is viewed; a play or a movie without a coherent theme; an unskilled person attempting a skill-based sport; a person trying to “wing it” when such an endeavor cannot be accomplished without prior practice and perseverance:  it is the bad play which brings to the fore the importance of coordination.

Thus, for the Federal and Postal Worker who is contemplating filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is the disjointed application, the one without a coherent structure or lacking of the necessary connections between the primary three (3) elements:  the law, the personal narrative, and the medical foundation; that is when a Federal Disability Retirement application is in trouble at the outset.

Coordinating the necessary elements will greatly enhance the chances of a successful Federal Disability Retirement application.  It is when there is a lack of such coordination that the inherent inconsistencies and lack of evidentiary substantiveness will become apparent; sort of like the minor leaguer who tries to reenact the play of a major league type, only to find that it isn’t quite the same.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: A Distinction to Be Made

Lawyers are taught — whether at Law School, through observation as a young associate or “apprentice” under the wings of a seasoned attorney — to ask questions in a persistent, methodological manner.  Whether in “direct examination” or “cross examination”, the question asked is meant to be goal-oriented.

We often make the mistake, however, in concluding that the question asked constitutes something more than a question — that it contains some substantive value, intrinsic in the very intonation and deliverance of the question itself.  The question asked, must be distinguished from the answer given.  Thus, the mere fact that a question is asked, does not in and of itself contain any relevant evidence or substantive import.  It is in the answer given which must determine the content and context of relevance.

In a Federal Disability Retirement application under FERS or CSRS, applied through one’s agency and ultimately submitted to the U.S. Office of Personnel Management, multiple and varied questions will be posed, indicated and conveyed to the Federal or Postal employee who is filing for the Federal Disability Retirement benefits.  Such questions must be answered — and answered truthfully.  The questions themselves, however — whether posed in the Standard Forms which must be completed (SF 3107 & SF 3112 series for the FERS employee; SF 2801 and SF 3112 series for the CSRS employee); or in correspondence form from the Agency or the Office of Personnel Management; or by the Administrative Judge or the OPM Representative at an MSPB Hearing — should have a stream of consistency throughout the process.

This is normally a simple matter — but always remember that “truth” is distinguishable from “consistency”; and it is often the latter which creates some doubt as to the former.  Unfortunately, life is very rarely consistent. That is why a coordination and comprehensive outlook upon the entire administrative process, from beginning to end, must always be kept in mind.

Sincerely,

Robert R. McGill, Esquire