Early Retirement for Disabled Federal Workers: The Percentage Language Game

To the question:  “What medical disabilities do you have,” is often the response in terms of a percentage language game:  “The VA has given me a ____”; “My doctor rated me at____”.  In the proper context, in the relevant process, such percentage ascription reflecting a numerical value may be workable, as well as persuasive.  But in a Federal Disability Retirement application, where the persuasive essence of a well-formulated Federal Disability Retirement application under FERS or CSRS is constituted by a discussion of the delineation of symptoms as opposed to numbers; physical and cognitive impact as opposed to quantitative value; such language is meaningless unless it is interpreted and translated in terms of the human impact upon one’s job functions.  

That is not to say that the numerical value cannot be used; rather, it must be used with caution, and in a way that shows that, beyond the numbers, there is an essential impact in terms of one’s inability to perform one or more of the essential elements of one’s job.  Thus, the “language game” of numerical values, while important in other filings and proceedings, may be of less significance in the formulation of a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Using the Legal Tool

A word of wisdom:  generally, it is not a wise endeavor for applicants who are not lawyers, who file for Federal Disability Retirement benefits under FERS or CSRS, to make legal arguments.  I have seen the end-product of such results, and have concluded that they are more-often-than-not, harmful to the case.  Most legal arguments are formulated through years of discretionary application based upon extensive research and experience in a given area of law; and the discretion that must be used is not always intuitively obvious.

As an example, there are cases where it is entirely appropriate to submit the VA disability rating as part of the Federal Disability Retirement application, as supplemental documentation in support thereof.  However, determination concerning the importance, impact and significance of relying upon such information must be discreetly assessed.

Yes, there is “case-law” concerning the persuasive authority of VA Disability ratings.  However, the practical legal aspect of utilizing such ratings must be carefully considered, based upon numerous factors:  while the combined rating may be higher, what are the individual percentages?  Are each high enough to warrant persuasive argumentation?  Could closer scrutiny of the individually ascribed ratings be more harmful to one’s case?  Is the rating (and each individualized break-down) discussed in medical terms in the VA records?

Ultimately, the individual who files for Federal Disability Retirement benefits without an attorney must rely upon himself or herself, and the wisdom of one’s own counsel.  Whether that is wise or not, I leave to each individual.

Sincerely,

Robert R. McGill, Esquire