Disability Retirement for Federal Government Employees: The Realizing Process

By definition, a process entails multiple procedural steps.  Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management encapsulates procedural administrative steps, and these include denials and appeals.

Yes, it is true that a certain percentage are approved at the first stage of the process.  Yes, it is also true that not everyone must go to the Second, or Reconsideration Stage of the process, or the Third Stage, the U.S. Merit Systems Protection Board.  But the fact that “not everyone” must be subjected to X, does not undermine, erase, or otherwise nullify the truism that it still remains a “process”, as opposed to an application for an entitlement benefit.

As a process, one’s Federal Disability Retirement application with OPM must be proven.  In order to prove a case, one must submit certain qualifying documentation.  As the U.S. Office of Personnel Management is the initial and secondary reviewer and determining agency for the first two stages of the process, so they have personnel of differing qualitative abilities — from pure incompetence, to indifference, to superior case workers who understand the full and complete application of the law, the regulatory criteria, and the statutory applicability of case-law interpretation.

Since it is the only process around, it is something we have to live with, and ultimately, follow.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Delicate Balance between Persistence, Perseverance, and Pestering

Persistence, perseverance, pestering…is it all the same?  The first of the three implies an enduring deliberation of effort, and is neutral as to whom it applies to; the second is normally in reference to the individual who is engaging in the effort; and the last carries with it a negative connotation, like a gnat who is attracted to the smell of someone’s shampoo or body odor.

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 distinguish the subtle differences between the three words applied.  For, in the end, it is not the words, but the actions which each describes, which is important for the entire administrative process.

Persistence may be appropriate for the relationship between the patient and one’s doctor, in pursuing medical treatment, and support for one’s Federal Disability Retirement application. Perseverance may be seen as a valiant character issue, for a multitude of things, including undergoing medical procedures, trying to continue to work despite medical obstacles, exhausting all avenues with an agency, etc.  Pestering, if seen from a doctor’s viewpoint, reflects an attitude which may betray a desire to support one’s Federal Disability Retirement application.

There is often a delicate balance between the three, and one must be sensitive to such a balance in preparing, formulating and filing for Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire