It is not a reflection upon the validity of one’s medical condition; a denial from the U.S. Office of Personnel Management can mean multiple things, not the least of which may include: insufficient proof failing to rise to the level of satisfying the preponderance of the evidence standard.
Federal Disability Retirement applications are compiled in a myriad of manners; yes, the standard forms themselves tend to compel a certain semblance of conformity, but ultimately the strength of a case will depend upon the supportive documentation attached, and here is “the rub”: there still exists the “human element” in the reviewing analysis of a Federal Disability Retirement application.
Yes, certain sets of legal criteria are applied (but who and how are they interpreted in their application?); and while satisfaction of the legal criteria is supposed to be determined by the general principle of “preponderance of the evidence“, who and what complies with meeting such a standard? How is such satisfaction determined? Such questions, of course, imply a human element in the administrative process of an OPM Disability Retirement review, and whether we like it or not, reveals an underlying connection to imperfection and fallibility.
There is no mathematical algorithm of mechanistic applications which will completely correct the underlying problems inherent in human review within the context of a bureaucratic process. Fortunately, however, the process itself contains a self-corrective device: different stages and levels of review, which allows for the Federal employee or the U.S. Postal worker to provide additional supportive documentation in order to reinforce and strengthen one’s Federal Disability Retirement case.
There are limitations, however, and that is why “corrective action” at the Second, Reconsideration Stage of the administrative process of Federal Disability Retirement is just that — it is to “correct” the mistakes, lapses and inherent lack identified in the original Federal Disability Retirement packet. The “limitations” are set by law, and are determined by how one characterizes one’s medical conditions in the Statement of Disability as perpetuated on SF 3112A.
Care should always be taken, of course, in the initial preparation of a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and before it is forwarded through one’s agency to the U.S. Office of Personnel Management. But in the end, one must recognize that the entirety of the administrative process is one which involves multiple stages of a bureaucratic procedure, and the Second, Reconsideration Stage is merely another level of self-regulating refinement to ensure that the human element, including mistakes and misapplication of the law, is expunged to the extent possible, and instead, that the objective application of the law is uniformly dispensed in order to reach a statistically acceptable algorithm of fairness and impartial determination.
Sincerely,
Robert R. McGill, Esquire
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Federal and Postal Disability Retirement: Responding to Stupidity
Sometimes, one’s initial reaction in a situation — professional setting, social discourse, event gathering, etc. — requires a momentary pause; and it is precisely that couple of seconds of gathering one’s thoughts which saves one from further putting fuel upon a potential fire.
Perhaps you have every right to have responded with a drip of sarcasm; or others would have approved of the lashing back; and still others would say that the response was appropriate and deservedly given. But the greater question should always be: how effective was the response; did it evoke the necessary end; and for whose benefit was the aggressive retort given — for the benefit of truth, or for one’s own satisfaction?
In a professional context, of course, it is probably never appropriate to respond in an unprofessional way, if merely by definition alone. Similarly, in a FERS or CSRS Federal Disability Retirement context, when one receives a denial from the U.S. Office of Personnel Management, there are statements made — whether one pertaining to mis-application or mis-statement of the law; or perhaps a wrong reference to a medical report; or even more egregious, a selective use of a statement from a medical report or record taken out of context — which can deservedly provoke a response involving sarcasm, a deluge of epithets, or worse, a barrage of ad hominem attacks — and in each case, it would be neither appropriately given, nor proper in a professional sense.
Fortunately, paper presentations and paper responses have the advantage of time over social discourse and person-to-person contact.
Holding one’s breath and counting 3 seconds, or 10, or perhaps an eternity, is an effective way of avoiding catastrophe. Writing a diatribe of what one wants to say, then trashing it, is also acceptable. On the other hand, beware of that “send” button; and, moreover, never push that “send to all” button.
That would indeed be unprofessional.
Sincerely,
Robert R. McGill, Esquire
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