Medical Retirement for Federal Workers: How to Use Percentage Designations

Carefully.  With discretion.  With an intelligent approach.  Not indiscriminately (a double-negative which, in common parlance, means “discriminately”).  Quantification of pain, of a medical condition, of a loss of use of one’s body functions, ability to have the manual dexterity of the use of one’s fingers, hands, arms; of the flexion and range of motion of shoulders, etc., includes a level of subjectivity at best, and at worst, possibly misrepresents the extent and severity of a disability.

Further, when quantification of the disability of a particular body part is further interpreted to represent a part of a greater whole — as in OWCP/FECA’s attempt to assign a percentage disability of the “whole person”, or when the Department of Veteran’s Affairs calculates a combined percentage rating which is not merely the addition of all lesser individual ratings — it needs some explaining.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one should obviously utilize all of the available tools, evidence, compilation of documentary evidence, etc., all of which, in their combined entirety, could help to provide persuasive evidence in obtaining an approval from OPM in a Federal Disability Retirement application.  But use of those tools, how it is used, what is used, how it is explained, and whether the explanation is adequate, are all important keys to keep in mind.

OPM is an independent agency.  When you attempt to dictate an outcome based upon a decision of another agency, such an attempt will often appear to be a threat to the very independence of an agency; something which needs to be kept in mind.  What should be submitted is rarely an issue; how it is stated is always a concern.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Use of Percentage Designations

The Department of Veterans Affairs does it; in obtaining a scheduled award from the Officer of Workers’ Compensation Programs, administered under the Federal Employees’ Compensation Act (FECA), the amount determined is based upon it; and so it is understandable that confusions may arise as to its relevance, import and various applicable uses.

Disability ratings represent an attempt to quantify the extent of one’s medical condition, injury, or loss of limb or body mobility, flexion, ability to use, etc.  Such attempt at quantification, no matter what mathematical calculus or methodology employed, must by necessity involve a level of subjectivity; for any such attempt is pre-determined by the criteria which is applied, and any such criteria which purports to apply universally will be unable to accommodate the uniqueness of an individualized case.

In a FERS or CSRS Disability Retirement case, the benefit provided is a flat rate, and is set by statute.  It does not increase or decrease based upon a percentage assignation of a medical disability.  Similarly, in Social Security Disability, the amount of the annuity received does not change because of an increase in percentage.

Whether one can or should use the assigned percentage rating from the VA or from OWCP, in proving or attempting to prove eligibility in FERS or CSRS Disability Retirement cases, is a matter of discretion.  The amount of the disability rating; whether the gross number is a combination of fairly insignificant fractured percentages; the substantive discussion justifying each number, etc. — all of those factors must be taken into consideration before using it in a Federal Disability Retirement application.

Numbers alone rarely mean anything; 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 not the numbers, but the words which support them, which will make the difference.

Sincerely,

Robert R. McGill, Esquire