OPM Disability Retirement: The Non-nexus

Meeting an adequacy test may constitute sufficiency for some purposes, but not for others.  Thus, it may be enough in completing an FMLA form to have a diagnosis, along with answers to other questions on WH-380-E.  But mere identification of a medical condition via a diagnosis, along with a description of symptomatologies will not be enough to meet the sufficiency test in a Federal Disability Retirement application.

People often assume that having a medical condition in and of itself sufficiently explains the severity of one’s condition, and any implied “blank spaces” can be filled in by the mere existence of such a medical condition.  But Federal Disability Retirement, whether under FERS or CSRS, filed through, reviewed by, and approved or disapproved by the U.S. Office of Personnel Management, must be proven by a preponderance of the evidence that the medical condition itself prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.

As such, the identification and description of a medical condition fails to comply with the adequacy standards in proving eligibility for Federal Disability Retirement benefits.  One must establish, through the conduit of a medical professional, the “nexus” or “connection” between one’s identified medical condition and the inability to perform one or more of the essential elements of one’s job.

The weight of the proof is upon the Federal or Postal applicant.

The foundation of such evidence begins with the identified medical condition, but in and of itself, it is a non-nexus — until it is squarely placed in the context of one’s official position and the duties required by one’s duties.  Thus, the non-nexus become the nexus-point when combined with the identification and description of one’s positional duties.

It is this realization of the step-by-step sequence of proof which constitutes adequacy and sufficiency of evidence, and one of which the Federal or Postal applicant for OPM Disability Retirement benefits must be aware.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: The Bad Question

As children, we were encouraged to “ask questions“, and often with such niceties as, “Now, remember, there is no such thing as a ‘dumb question'” (despite all of us, even in tender years, knowing the untruth of such an assertion as we witnessed the facial expressions of horrified teachers, parents and neighbors — and of course, the smug, sidelong glances of those older siblings).

But the problem with taking such childhood experiences long into adulthood, is that it ignores the obvious:  the character and essence of a question determines the outcome of the answer.  Sometimes, a bad question leads to a bad answer.  In such an event, one must consider reformulating the question, or ignoring it altogether.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal and Postal employee encounters multiple ‘bad questions’ — first in the form of the Standard government forms (SF 3107, with Schedules A, B & C for the FERS employee; SF 2801, with Schedules A, B & C for the CSRS employee; and SF 3112 series for both FERS and CSRS employees) and the questions posed in such forms — especially on SF 3112A (Applicant’s Statement of Disability); then, in a denial at the Reconsideration Stage of the process (for, in such a denial are contained inherent questions of what allegedly one ‘must’ do in order to meet the standards of OPM); then, finally, the questions which must be answered in order to satisfy an Administrative Judge at the MSPB.

But questions are funny vehicles of communication; often, it reflects more upon the questioner rather than upon the one who answers, and in the case of an OPM Case Worker, and of certain particular persons, this is all the more so.  Lest we forget another adage we learned in grade school (more on the playground among bullies, tough guys and the ‘cool’ set):  Don’t ask a question you don’t already know the answer to.

Sincerely,

Robert R. McGill, Esquire