OPM Disability Retirement: The Details Determine the Path of Success

One is often asked concerning the steps to be taken in order to formulate a successful Federal Disability Retirement application.  Whether under FERS or CSRS, all such Federal Disability Retirement applications will ultimately be reviewed and critically analyzed by the U.S. Office of Personnel Management, to be determined as to whether such an application meets the legal standards for eligibility and entitlement under the statutes, regulations and case-laws governing Federal Disability Retirement.

As with all things in life, the path which one undertakes in an endeavor of this nature — the logistical “steps” that must be completed — will depend largely upon the particular facts of each case.  Yes, the general outline is somewhat identical for each; and, yes, the character and kind of evidence to be compiled may be similar.  But it is the uniqueness of the particular set of facts, for each Federal Disability Retirement application, which determines the type, extent and quality of a successful Federal Disability Retirement application.

Thus, to take an extreme example:  A Letter Carrier for the U.S. Postal Service who suffers a horrendous accident and becomes paralyzed, will not need much more than the emergency room and hospitalization records, and perhaps — and this is a “big” perhaps — a short (couple of sentences) statement from a doctor.

On the other hand, an IT Specialist working for a Federal agency who suffers extreme stress, will require a comprehensive medical report which details specific reasons as to the impact upon the positional requirements of his or her job.

As with almost everything in this complex compilation of sensory perceptions we identify as “life”, the details of a particular endeavor and encounter with a Federal Agency will determine the pathway to success; details matter, and 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 precisely the details which determine which devil will rear its ugly head, and how to avoid such devilish encounters.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Always Returning to the Basics

It is always important to return to basics when considering the option of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Just as we are all well-aware of the concepts of a “return to nature”, or going “back to our roots” — such fashionable sayings remind us of the need and the necessity of embracing the foundational virtues which make up any endeavor or activity — so it is with a return to basics in a Federal Disability Retirement case.

Whether it concerns the issue of the medical condition itself; the issue of accommodations; whether “light duty” or “modified duties” have been offered; whether there are EEOC issues, work harassment, Performance Improvement Plans initiated; whether one is being presented with a Proposed Removal based upon factors other than one’s physical or psychiatric inability to perform the essential elements of one’s job — all such issues must draw a line directly to the basic component of:  How does it impact the performing of the essential elements of my job?  Thus is the nexus created; thus does one go back to the basic components of a Federal Disability Retirement case.

While such an approach may not return us back to nature, it will provide a framework for a successful OPM Disability Retirement application, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Verification Process

The process for verifying information is a procedural matter which is applied with a systematic methodology.  Verification is essentially a comparative analysis — comparing what is said in one sector of information, with claims made in another.  Consistency of information and claims is therefore what is crucial.  This general overview is applicable in nearly all areas — of law, of marketing, of scholarly endeavors, etc.  

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 important to maintain a consistency of claims and assertions.  Thus, there should be a logical and sequential order in the approach of putting together a Federal Disability Retirement application.  What is so surprising is how many Federal and Postal employees filing for Federal Disability Retirement benefits will prepare and submit an Applicant’s Statement of Disability independent of a written medical report from one’s treating doctor.  

Assumptions and presumptions should be avoided at all costs (yes, and the cost of assuming or presuming can be high, indeed, with the consequence of a denial from OPM).  Of course, consistency and verification of information is applicable not only in the preparation of a Federal Disability Retirement application — the same methodology of verification should be applied as to claims by those who represent Federal and Postal employees.  

There is a lot of information “out there”, but whether and to what extent such information is accurate, useable, or even relevant, is a question to be asked and answered by the Federal or Postal employee preparing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Substance and the Spaces in Between

The philosophical conundrum involving the ability to distinguish between dreams and reality, rests upon a fundamental confusion on the part of the thinker:  one would not be able to discuss the concept of dreams, unless there is first a presumption about reality.

The fact that we can discuss whether or not X is a dream, is precisely because there is already a pretext of a reality.  Similarly, in almost every other area of conceptual discussions:  appearance versus reality; essence versus the peripheral; and multiple other instances.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to stick to the “substance” of one’s claim, lest the verbiage and the spaces in between detract and confuse the Case Worker at the U.S. Office of Personnel Management.

Issues which lead one away from the essence of a Federal Disability Retirement application, such as anger at a supervisor; a rant against the agency; undue focus upon the hostile environment created by the agency; all of these can seem as real as the reality of a dream; but however real a dream may appear, one awakens, and the reality of the real world suddenly forces itself upon us.

In a narrative telling of one’s disability and its impact upon one’s life, it is not the “spaces in between” which tell the story; it is the story itself.  Thus, all roads should lead back to the essence of one’s narrative:  the medical condition, and how that condition prevents one from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Impersonal File

Creative writing courses almost always fall back on an old adage:  Show, don’t tell.  Such a simple advisory truism, while trite and overly simplistic, applies in so many aspects of what constitutes effective writing — whether for fiction, journalism (is there a difference between the two?), or in Federal Disability Retirement (the latter, of course, is a completely separate genre from the former two).

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 important to apply all of the learned, effective tools of writing, in confronting every stage, every administrative hurdle, every step in the bureaucratic, administrative process.

In approaching a treating doctor:  remember that doctors are quite effective in compartmentalizing patients — separating a patient emotionally from the patient’s file; the cold, clinical approach of treating a medical condition without becoming “personally involved” is what a doctor is trained to do.  Thus, in obtaining the support of one’s treating doctor, it is important to break that silent wall of bifurcation, and often, simply sitting down with the doctor and explaining, talking, “personalizing”, is an important first step.

Another example:  the Applicant’s Statement of Disability.  That statement is the window to OPM’s soul.  It is the means and vehicle by which and through which one persuades the Case Worker at OPM that one has a medical condition which prevents one from performing the essential elements of one’s job.

Writing it well is the route to success.  Showing, and not merely telling.  Old adages tend to live on forever, because the truth inherent and embedded in them continue to thrive.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Undisciplined Narrative

‘Discipline’ is a concept which is anathema to the American psyche; for, it is precisely the American character to have unfettered liberty, the ability to “be one’s self“; of self-expressive uniqueness, and to embrace the boldness of the American Dream, as represented by the vast expanse of the American Midwest.

We debate about the constructive use of discipline for our children; complain if the government attempts to discipline our spending habits; and question whether societal constraints should be imposed in our daily lives.  In writing, however, a measure of self-discipline is necessary, if only because the audience for whom one writes will necessarily veto our refusal to discipline one’s writing in a penultimate manner, if we do not:  by refusing to read it.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must discipline the writing of the Applicant’s Statement of Disability (Standard Form 3112D), in multiple respects:  in length; in providing historical background; in careful content selection; in answering the questions asked in a relevant and appropriate manner; in avoiding breaching certain taboo subjects which could defeat a Federal Disability Retirement application; in taking on the tone, tenor and texture of objectivity as opposed to pure emotional appeal, etc.

‘Discipline’ is a dirty word in the American lexicon; but in the preparation, formulation and filing of a Federal Disability Retirement application from OPM, it is a necessary clump of dirt which must be sifted, cleansed and appropriately dusted, in order to provide an effective narrative vehicle to have a Federal Disability Retirement application approved by OPM.

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement: To Resign or Not to Resign

OPM Disability Retirement: The Fingerprints of an Ineffective Disability Retirement Presentation

Rushing through something is often a sign of attempting to make up for something lacking; if excellence is the goal, then one must take the time to cultivate the means of achieving it; if completion is the sole achieving end, then almost anything will satisfy such an undistinguished crown.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one can discern from the quality of the disability retirement packet the psychology behind the packet itself.  Much like fingerprints left behind by a burglar, or a work of art created by a craftsman or an amateur bumbler merely attempting to make a few extra dollars in one’s spare time, the collateral context of a presentation can be very indicative.

If such indicators manifest a negative vibration to an objective observer, what could it be stating to the OPM Representative who is reviewing the case?  Whether it is a Federal Disability Retirement packet which is sloppily put together; is presented with generalizations in offering a diagnosis or symptoms; is disconnected or barely coherent in its reasonings; or a multitude of other linguistic symptoms implying lack of attentiveness — these will not do.

Excellence should always be the goal; as the craftsman must take care at each stage of the creative process, so a Federal Disability Retirement packet must reveal the fullness of the medical condition, its impact upon one’s ability/inability to perform the essential elements of one’s Federal or Postal job, and why one has met all of the legal criteria in being entitled to the Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Audience

Knowing one’s audience is important in determining the content and manner of a performance, a submission, or a presentation.  Such knowledge allows one to tailor the level of sophistication and informational complexity in order to maximize the effectiveness of that which is being presented.  Certain assumptions can come into play in assessing the audience:  the level of intellectual sophistication; content-appropriate substantive determinations; certain preemptive issues and whether a given element needs to be addressed before it is brought up.

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 often instructive that the Federal or Postal employee will formulate and put together a Federal Disability Retirement packet as if one’s own agency will be the deciding arbiter — and therefore an explanation of certain actions of the agency will be preemptively rebutted when no such explanatory delineation is necessary.

Yes, while it is true that if one has not been separated from Federal Service, or has been separated but not for more than thirty one (31) days, that the Federal Disability Retirement packet must be processed through the Agency Human Resources Department; and, yes, the agency itself does include its input through the completion of certain forms and insertion of additional information; nevertheless, the Federal Disability Retirement packet is decided by the U.S. Office of Personnel Management, and not by the agency for whom one works.

This minor distinction is important, for it will determine at the outset the perspective, tone and tenor of the Federal Disability Retirement application.  Knowing that the chip on one’s shoulder should be set aside because the audience is no longer the neighborhood bully, will go a long way in preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Essential Points

Becoming embroiled in the minutiae and complexities in the preparation, formulation and filing of a Federal Disability Retirement application is important and necessary; however, in doing so, it is important to make sure that the foundation — the “essentials” — are not overlooked in the process.

Thus, while preparing and formulating the Federal Disability Retirement application under FERS or CSRS, for submission to the U.S. Office of Personnel Management, always go back to the three (3) essential elements of a Federal Disability Retirement case:  First, the medical condition itself.  Preparation by the treating doctor of a sufficient medical narrative report is essential to the successful outcome of a Federal Disability Retirement application.  Guidance as to the elements which must and should be contained in the medical narrative report is crucial to the endeavor.  

Second, the position description.  Always remember that it is not only what one is actually doing in a Federal or Postal position (although that is also a part of it), but also what the official position description states that one should be doing, or may be asked to do at any moment (this can become an important part of the argument later against OPM if OPM decides to bring up any issues concerning Agency Accommodations).

Third, the Bridge or Nexus between the Medical Condition and the Position.  This is the important “third rail” of the entire process, which should be delineated first in the medical narrative report prepared by the doctor, as well as described effectively in the Applicant’s Statement of Disability.  Of course, throughout the process, it is important to attend to the details; but never let the complexities of the details sidetrack you from the important essentials in preparing, formulating and filing for Federal Disability Retirement benefits whether under FERS or CSRS, from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement Filing

In filing a Federal Disability Retirement application under FERS or CSRS, it is important to never overlook the obvious.  One of the “obvious” points is this:  If the document sent to the Office of Personnel Management never reaches them, it does no good.  It is therefore important to make sure that all documents get there.

Normally, it is good practice to perform some “follow-up” actions — to send the document by fax, then by regular mail or express mail (my preference), to help ensure that the document arrives at OPM.  A follow-up telephone call is often a good idea, but more importantly, receiving and keeping a record of the transaction of sending the document is what is vitally important.  For, if it later turns out that OPM never received a particular document, or states that they never received it, having a record of sending the document will be important in establishing the right to have it reviewed at a later date, for consideration in having one’s Federal Disability Retirement application under either FERS or CSRS approved.

Remember the obvious:  If you don’t file it on time, or file it at all, you can’t argue the substance of that which was filed.  Having a record of the filing is just as important as filing it, because filing it without a record can end up with one’s hands seemingly left in an empty pocket.

Sincerely,

Robert R. McGill, Esquire