CSRS & FERS Medical Disability Retirement: Insipience

The thread of differentiation and conceptual distinction can be based upon a mere sliver.  In practical life, pausing a moment because a person forgot his or her keys, can result in avoiding a chain of events terminating in causal calamities, merely because the time differentiation as a consequence of the slight delay allows for time to alter the historical ripples of cause and effect.

Words and conceptual distinctions can have similar minutiae of differentiations.  Linguistic gymnastics and elasticity aside, the word “insipience” conveys a meaning of being foolish and lacking of wisdom.  Changing a single consonant, and instead transforming the word into “incipience”, suddenly alters the concept into one encompassing origination and beginning stages.  Upon closer inspection, however, such a singular change of a consonant resulting in a radical alteration of meaning explodes with a recognition that the two are closely related: That which is in its beginning stages is often lacking of wisdom, precisely because little or no thought or reflection has been allowed.

That is precisely why the beginning stage of a process is so important — because it lays the foundation for all that follows. For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to impact one’s capacity to perform the essential elements of one’s job, the importance of beginning the sequential procedure of formulating an effective Federal Disability Retirement application cannot be overly stressed.

Federal Disability Retirement is a submission which is reviewed by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS.  As such, the reviewing process is accomplished be an agency separate and distinct (in most cases) from the one the Federal or Postal employee is employed by.  The early stages of formulation and preparation in a Federal Disability Retirement application will provide the necessary and important foundation for the successful outcome of a Federal Disability Retirement case.

It is thus the incipience of formulating and preparing a Federal Disability Retirement application, which will determine whether or not the outcome will be insipient, or not.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Simplicity of the Case

The initial telephone inquiry often involves an apologetic explanation that one’s particular Federal Disability Retirement case “is a very complicated one which involves…”  Then, of course, there is an extensive history of events.  But complexity is often made so because of the lack of understanding of what direction the Federal or Postal employee must pursue in order to obtain an approval from the U.S. Office of Personnel Management, and it is assumed that the reason why the Federal or Postal employee contacts an attorney is to unravel and unscramble the complications which were created precisely because of such lack of understanding.

Remember that in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the bundle of complexities was created, more often than not, because of an admixture of agency issues, a history of adverse contact between the agency and the Federal or Postal employee, coupled with the rise of medical issues and their impact upon one’s ability or inability to perform all of the essential functions of one’s job.  As such, it is the job of the attorney to focus the Federal or Postal employee upon the foundational “essence” of a Federal Disability Retirement case.

Whether it is to “cut to the chase”, or strip away any peripheral issues to get to the “heart of the matter”, or whatever other pithy niceties which may be applicable, it is the job of the attorney to set aside the complexities, and simplify the process in order to obtain a Federal Disability Retirement approval for the Federal or Postal worker suffering from a medical condition which prevents him or her from performing one or more of the essential elements of his or her job.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: What If…

In inquiring about Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management, the potential applicant who is inquiring about the entire process will often engage in the never-ending, perpetual game of, “What if…”  

The answer to each such question, of course, must always be prefaced with, “Even if…” but each such question and answer can continue ad infinitum until either the questioner comes to exhaust the repertoire of his or her “What if” questions, or the answer to the last what-if question is answered with, “Even if the world ends”.  

This last answer means that it does not matter what comes after the preface; the answer remains the same.  For instance:  What if Social Security approves your case prior to OPM making a decision on a Federal Disability Retirement case — and the medical officer, EAP counselor, Postal or Federal Fitness for Duty physician, or the flight surgeon, or X, Y and Z disqualifies you from your job, and you get separated from service for your medical inability to perform your job…doesn’t that automatically qualify you for Federal Disability Retirement benefits?  No — you must still prove your case by a preponderance of the evidence, and proceed as if none of the previously-cited advantages have been obtained.  

Will all of those advantages help in your case?  Yes.  Will they be determinative?  No.  

While persuasive, such administrative decisions by the agency will not be determinative.  But that doesn’t seem logical — what if, in addition to all of the previous advantages, the Agency comes out and concedes that they cannot accommodate you?  Answer:  Even if the Agency concedes that, you must still prove your case medically, by a preponderance of the evidence.  The Federal or Postal worker:  But What if…   At this point, the answer must be:  Even if the world ends, such administrative agency actions are merely persuasive to OPM, but not determinative.  But why?  

Ah…the “why” question is also a never-ending, perpetual one, and must be saved for another blog.

Sincerely,

Robert R. McGill, Esquire