CSRS & FERS Medical Disability Retirement: Performance of Roles

Discussions concerning “performance” can often have implicitly negative connotations; for, the term itself can refer to a ‘faking’ of what one truly believes or does, as opposed to the substance of who a person is.  Thus, in the recent nationally-viewed debates, there is widespread discussions about the “performance” of X; whether he “looked” strong, firm, in command of the facts, etc.  Such evaluative statements, of course, appear in obvious contrast to the inverse:  Was X in fact in command of the facts; was he in fact firm, etc.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important while in pursuance of the administrative process, to recognize the performing roles of each entity, and not to confuse them.  To confuse an enemy for a friend can result in disastrous consequences; to mistake a friend for an enemy can change the course of one’s life; to fail to recognize the proper roles in life, can alter one’s future forever.

Supervisors, managers, and those who are superior in rank and position, should never be considered as confidants, as a general rule.  When one is about to separate from Federal Service, or have an underlying intent to do so, should fill one with caution in approaching people to whom information may be disseminated.  Proper roles dictate certain predictable behavior, and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to acknowledge the roles which each person plays, and to act accordingly.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: An Inherently Adversarial Process

One often hears about administrative procedures — that they are somehow distinguishable from court cases, EEOC proceedings, grievances, etc., in that they are “non-adversarial” procedures.  Really?  In designating it as such, one becomes lulled into thinking that, somehow, preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is merely a matter of completing and submitting paperwork.

In a society which enjoys the safety of linguistic euphemisms, however, such an approach to an important application for benefits can result in devastating consequences.

Does a bureaucracy which is set up exclusively to review and potentially deny a Federal Disability Retirement application have the appearance of a non-adversarial process? Does the fact that one has a right to appeal it to the U.S. Merit Systems Protection Board, then to a panel of Administrative Judges for a “Full Review”, then to the U.S. Court of Appeals for the Federal Circuit, possess the scent of non-adversity?

A system which is set up with a specified statute of limitations, which employs procedural and substantive legal criteria set up to deal with appeals and submission of evidence; of a body of law which applies to determine the sufficiency of evidence; such a system is inherently adversarial in nature, and whatever words or string of words one might use to describe such a system, it is first and foremost, an adversarial process.

Treat it as such, or enter into its arena with caution and forewarning.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Adversarial Structure

Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, has inherently an adversarial structure built into the entire administrative process.  This is ultimately unavoidable, but one should not be persuaded into complacency about the bureaucratic side of things, merely because a Human Resources office describes it as procedural in nature, and merely an “administrative” matter.

That is precisely why there are appellate stages built into the system — first, within the administrative procedure itself, of filing a “Request for Reconsideration” within the same agency which denies the Federal Disability Retirement application, the U.S. Office of Personnel Management, then the ability to appeal the case to a separate, independent body, the U.S. Merit Systems Protection Board; and further to a 3-Judge panel of the U.S. Merit Systems Protection Board, which is identified as a “Petition for Full Review” (PFR).  Beyond that, there is an oversight mechanism provided via further review, by the ability to file an appeal with the U.S. Court of Appeals for the Federal Circuit, which reviews the legal application and its sufficiency through overview of the laws applied.

Indeed, one need only look at the structural mechanisms in place to understand that, far from being merely an “administrative” process, it is adversarial in nature, and should be treated at the outset as such.

Sincerely,

Robert R. McGill, Esquire