OPM Disability Retirement: The Power of Approval

Whether the Federal agency or the U.S. Postal Service can have a significant impact upon a Federal Disability Retirement application is a question often asked; then, of course, there are always suspicions that certain individuals and entities may try to undermine or otherwise sabotage, out of pure animus and acrimonious low-down-ness (not a legal or technical term, by any stretch of the imagination), by going through “back-door” channels and attempting to influence or otherwise paint a portrait of perverse circumstances.

At best, agencies, individuals and entities of the Federal kind can remain neutral and harmless; at worst, they can allege unspecified and unidentifiable, nefarious circumstances of associated behaviors or conduct issues otherwise unrelated but left to the unimaginative creativity of an OPM administrative specialist.  But then, since those would all be illegal and unofficial acts of retribution and retaliation, they would never be validated nor publicly acknowledged, anyway, and so only the suspicions would remain, without verifiable evidence of ascertained capability to influence or otherwise persuade a negative determination to be reached by the U.S. Office of Personnel Management.

To their credit, OPM asserts complete and total independence, and refuses to allow for any influence but for the legal criteria in evaluating a Federal Disability Retirement application, whether the individual is under FER, CSRS or CSRS Offset, and whether the Federal Disability Retirement application comes from the U.S. Postal Service or from one of hundreds of Federal agencies and departments across the country.

Neither a Federal agency nor the U.S. Postal Service can promise or otherwise grant a Federal Disability Retirement application to a Federal or Postal worker; only the U.S. Office of Personnel Management can do that.  Empty promises aside, whether by implication, inference or alleged influence, OPM is the only entity which can approve a Federal Disability Retirement application.

Yes, agencies can be more helpful than not (though that is rare); agencies can somewhat harm (though a Federal OPM Disability Retirement application is ultimately based upon the medical evidence gathered); and yes, agencies more often than not attempt to undermine rather than assist (despite thousands of Human Resource Specialists across the country claiming otherwise); despite all of this, it comes down to a single entity — the U.S. Office of Personnel Management, and no other agency — which grants or denies an approval for a Federal Disability Retirement application.  As such, beware of promises made; be cautious of settlements reached; and be dubious of claims of egomaniacal exponents of hyperbolic vituperations; they normally amount to the value of the verbal paper they are written upon.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Agency’s Bad Behavior

Whether it is merely the characteristic of the modern age; whether the entirety of the media conglomeration — television, movies, videos, social media outlets — which allow for unfettered behavior; whatever the reasons, social conventions, norms, and common rules of behavior have distinctively deteriorated, and their impact and reverberating effects are becoming increasingly apparent both in the personal realm as well as the professional sectors of society.  But of course bad behavior — a term which can universally encapsulate the complexity of the problem — has always existed.

For the Federal or Postal employee who is contemplating Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS (if the latter, then regular retirement is fast-approaching those under the old system, anyway, and you may be able to avoid such bad behavior soon enough), encountering and fending off bad behavior from agency personnel, Human Resources personnel, coworkers or Supervisors, is a tradition of long-standing tenure, and one which increases with the manifestation of a medical condition.  

Why is it that human nature pounces upon the vulnerable and the weak?  

The peculiar thing about the creation and enactment of a law — be it the Americans with Disabilities Act, or other similar protective mechanisms against discrimination — is that the codification of a necessary protection reveals the breakdown of that very sector of society which it is meant to protect.  Protection is not needed where decency prevails; it is only when decency deteriorates, that such protections become necessary.  

Ultimately, the best solution is to file for Federal Disability Retirement; to walk away with a smile (or a smirk); for, any other avenue will merely encourage the bad guys to up the ante, albeit in more subtle forms.  In the next life, for the Federal Disability Retirement annuitant, perhaps decency will prevail; we can all hope.

Sincerely, Robert R. McGill, Esquire

Federal Worker Disability Retirement: Work as the Causal Inception

In a claim filed with the Office of Workers’ Compensation Programs (OWCP), causality and whether it is work-related, occupationally related, etc., are issues which will inevitably arise, precisely because the statutory mandates which govern OWCP rules and regulations require proof of a causal connection.

Under Federal Disability Retirement for FERS & CSRS employees, however, such work-related causality is not an issue, because it is not a requirement that a medical condition was “caused” while performing one’s Federal or Postal job, or that there be some connection to an occupational hazard or inherent workplace relationship.  That does not mean, however, that there cannot be a workplace connection; merely that, whether or not there is any such relationship between the medical condition and the work environment, it is not an issue which possesses any significant relevance to the filing of a Federal Disability Retirement application.  

These “fine distinctions” can be confusing for non-lawyers (and, indeed, even for lawyers who are supposedly trained in being able to analytically dissect multiple compounding concepts within statutory language).  

“Causality” to the workplace can, however, be discussed and even referred to in a medical report, or in the Applicant’s Statement of Disability (Standard Form 3112A), as a provision for historical and background context, but it is not an essential element to prove in a Federal Disability Retirement application under FERS or CSRS.  Too much emphasis on the historical context, however, can lead to the unforeseen and dangerous consequence of having one’s case characterized as a “situational disability“, and one must always be cognizant of such a danger.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The End Goal

The goal at the end of the process is to obtain that “approval” letter from the Office of Personnel Management.  It resolves and sets aside the months of anxiety and stress compressed into a time of agonizing suspension from life’s ability to move forward; for, during that time of waiting, one cannot “move forward”, because without the knowledge of whether one can obtain the financial benefit of the Federal Disability Retirement annuity under FERS or CSRS, one cannot make the decisions in life to make plans for the future. 

It is of great satisfaction to an attorney to reach the “end goal” — to hear from the client that he or she has received the letter of approval from the Office of Personnel Management, and to hear the relief and joy in the voice of one who finally sees “light at the end of the tunnel” constitutes great professional satisfaction for the representing attorney.  It means that the proper medical narratives were gathered; that the description of the client’s medical conditions and their impact upon the essential elements of one’s job was properly formulated; and it means that the legal argument presented to the Office of Personnel Management was persuasive.  Client satisfaction means alot to an attorney; for one who solely specializes in Federal Disability Retirement Law, to see the end product — the obtaining of a Federal Disability Retirement annuity — is of great professional satisfaction.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: How Many Should Be Listed?

I am often asked the question:  How many health conditions or disabilities should I list in my Applicant’s Statement of Disability (SF 3112A)?  This question is often preceded by another question and answer:  What are your medical disabilities (me to the caller)?  Answer:  I have about ten of them (caller to me).  Let me start out by giving some free advice:  Don’t list ten medical conditions.  Don’t list nine.  Don’t list eight.

When the Office of Personnel Management reviews a Federal Disability Retirement submission under FERS or CSRS, the OPM Representative will review your disability retirement packet until it is approved — and no further.  Approval comes about upon a finding that one of your listed medical conditions disables you from performing one or more of the essential elements of your job.  Now, sometimes OPM will find that a combination of 2 or 3 medical conditions disables you together:  meaning that OPM perhaps found that while a single one did not disable you under their criteria, a combination of two or three did.

Furthermore, it is important to understand that, because the medical conditions and disabilities upon which OPM makes their decision on will be the basis for future continuation of your disability retirement annuity (in the event that you receive a Medical Questionnaire in the future), it is important to limit the listing of one’s medical disabilities on the SF 3112A to those conditions which will likely last for more than 12 months.

Conclusion:  It is important to sequentially prioritize the medical disabilities, in the order of severity, chronicity and duration.  Further, it is important to NOT list the minor medical conditions which, while they may be aggravating, and have impacting symptoms, may not necessarily prevent one from performing the essential elements of your job.

Sincerely,

Robert R. McGill, Esquire