Federal Employee Medical Retirement: Cartesian Bifurcation

Modern philosophy is often considered to have begun with the French philosopher, Descartes; this is perhaps unfortunate, for the resulting inward navel gazing which was precipitated and the subsequent conceptual bifurcation between mind and body, for which we must contend with and pay the price, to this day.

For the longest time, of course, there was a suspicion that psychiatric conditions were somehow less viable and more difficult to prove; this is perhaps as a result of a misconception and misunderstanding of that proof which constitutes “objective” data as opposed to “subjective” interpretations of any factual analysis.

In Federal Disability Retirement cases, the U.S. Merit Systems Protection Board has steadfastly rejected any notions of subjective/objective differentiation, especially when it comes to psychiatric medical conditions.  Fortunately for the Federal and Postal Worker who suffers from medical conditions such that the medical disability prevents one from performing one or more of the essential elements of one’s positional duties, the MSPB has repeatedly rejected OPM’s claim that certain medical evidence (clinical examinations and encounters with a psychiatrist, for instance) is merely “subjective”, as opposed to what they deem to be considered “objective” medical evidence.

Whether anyone at the U.S. Office of Personnel Management is aware of Descartes and the French philosopher’s profound influence upon the mind/body bifurcation is a matter of factual irrelevance; the important historical point to be recognized is the trickling down impact from theoretical discourses in academia, to the pragmatic application of concepts in bureaucratic administrative functions.

Descartes lives, and the echoes of his philosophical influence resounds and reverberates down into the hallways of the U.S. Office of Personnel Management, in the daily reviews of Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Watchmaker

Artisans are scarce in existence, these days.  With the constant drone for the economic push for profits, and the incessant pressures of everyday expenses, the village watchmaker, the goldsmith who personally fashions the engagement rings for the couple whom he saw just a moment ago playing outside his shop window as two children lost in the world of make-believe; that is a world we once read about, perhaps in a Dickens novel, of characters out of an era long lost and forgotten.

But the remnants of the characteristics evidencing quality and craftsmanship must survive, lest perfection be lost as a goal and exactitude no longer an achievement worth applauding.  Of course, there will always be cheap replicas; of digital watches manufactured en masse in factories where labor is inexpensive and the worth of human creativity barely given a moment’s glance.  That is why, when one comes upon a true craftsman, observing the care and skill being put into creating a product of worth is indeed something to behold.

And so it is in every endeavor.

For the Federal and Postal employee who must find, of necessity, that filing for Federal Disability Retirement can no longer be put off, it is well to heed the warnings of those predecessors who have experienced the nightmarish administrative procedures required in attaining the benefit.  While it need not take an artisan to put together an effective case, the approach one embraces should include the characteristics of that unique watchmaker:  care in the details; slowly building from a solid foundation; bringing together all of the variegated “parts”, including the medical documentation, legal arguments, effective factual statements, etc.

The Federal and Postal employee, whether under FERS or CSRS, needs to look at the process of preparing, formulating and filing for Federal Disability Retirement benefits as not only the presentation of the case, but the lasting impact of the finished product.  For, in the end, the true artisan creates not only a timepiece, but a timeless piece of work which should last well into a bright future.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: Harm of Linguistic Impurities

The integrity of the law is kept intact by the careful scrutiny of compliance, via oversight by guardians whose responsibility it is to maintain, challenge and question the diversionary attempt, however minor and in what seemingly inconsequential modalities, such imperceptible excursions into areas outside of the linguistic purity of the law, regulations and case-law interpretation when attempted.

In Federal Disability Retirement law, it is the Federal Agency itself — the U.S. Office of Personnel Management (OPM) — which often must be kept “in check”.  For, it is precisely those “allowances” of language which provides for licenses not otherwise granted which, if left unchallenged, will continue to repetitively reappear in subsequent decisions rendered for future Federal Disability Retirement applicants.

Thus, in a Federal Disability Retirement denial, it may be that a decision of denial of a Federal Disability Retirement application may state that the medical evidence “does not show that your medical conditions kept you out of the workplace altogether”, or that the diagnostic testing did not establish that the Federal Disability Retirement applicant “had a disabling disease which caused a disablement which incapacitated” the individual — implying, thereby, a standard of medical disability far above and beyond what is necessary for eligibility for Federal Disability Retirement benefits.

Such misstatements must be challenged and refuted; otherwise, the integrity of the law is left soiled and smeared, and future attempts by Federal and Postal Workers may be harmed by the careless allowance of linguistic impurities to surface and fester.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Sufficiency of Evidence

At what point is the sufficiency test satisfied?  Who determines when the bathtub is full enough in order to bathe?  What constitutes the threshold of being gluttonous on Thanksgiving, as opposed to having had a hearty meal? And, for a FERS or CSRS Disability Retirement application, what standard determines whether or not a person has submitted evidence sufficient to meet the preponderance of the evidence test, in order to persuade the U.S. Office of Personnel Management that a Federal Disability Retirement application has met its burden, and that the Federal or Postal employee is therefore eligible and entitled to receive an approval and a subsequent annuity?

Clearly, it cannot be mere volume of medical reports and records; for, otherwise, cases with barely a dozen pages of a report, diagnostic test results and some office notes would not pass through the scrutiny of the OPM Caseworker.  If not volume, then is it the quality of the report and records?  Here, too, while a well-documented file may generally meet the sufficiency test, there are times when OPM will insist upon treatment notes for the past 18 – 24 months before considering a case for approval.

The sufficiency test is often an admixture of quality, quantity, and a compendium of selectively highlighted documentation which, in their totality, prove an OPM Federal Disability Retirement case.  There are no two cases alike, though similarities may abound.  Each case must be seen in its own unique light, and within that context, a case must be carefully constructed and compiled.  Only in this manner and approach will the sufficiency test be met, and only after a careful and thorough review of the facts, issues and particular uniqueness of a given case — somewhat in a reflectively similar manner as OPM will do in reviewing the submitted case.

Sincerely,

Robert R. McGill, Esquire