Ultimately, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must always remind one’s self that this is a “paper presentation” (regardless of the prevailing and inevitable march towards a paperless society) to the U.S. Office of Personnel Management (OPM). As such, there are certain inextricable components in the presentation itself, which must be reviewed, evaluated, and decided upon before proceeding.
As a “presentation” which is meant to be persuasive — i.e., proving by a preponderance of the evidence that one is entitled to the Federal Disability Retirement benefit, whether under FERS or CSRS — it must obviously have the essence of the proof itself: Medical Support. Without the medical support, one need not consider moving forward at all.
Once the Federal or Postal employee has ascertained that he or she has the medical support to proceed, then the question is one of obtaining the documentation which confirms such support. For, a pat on the back and a wonderful smile from the doctor will not be persuasive to OPM; the doctor must be willing to document, in detailed format, the support which is expressed.
Next, in sequential order, the medical documentation must reveal, convey, and persuasively reflect, a level of belief which will be tested in the event that the Federal Disability Retirement application is denied at the First Stage of the Process, and further tested if it is denied at the Second, or Reconsideration Stage, of the process. Thus, in short, the treating or supporting doctor must possess a level of belief in one’s case, and be willing to support that belief throughout the entire administrative process.
Finally, the doctor must be able to make a diagnosis, but more than that, to support the diagnosis, and be willing to make the “nexus” between the diagnosis, the patient’s physical, emotional and cognitive capabilities, and to relate them to one’s positional duties of one’s job. It is through this process of connecting the dots, where the end-goal is achieved: of obtaining one’s Federal Disability Retirement benefits.
Sincerely,
Robert R. McGill, Esquire
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OPM Disability Retirement: What Ifs
“What Ifs” are hypotheticals which can paralyze a process. Often, such imaginary road blocks are pragmatic irrelevancies, and are better left alone. Others, one should affirmatively confront.
Thus: “What if my Supervisor says…” There are things in one’s control, and those which are not. A Federal Disability Retirement application contains an implicit concept which must not be forgotten: It is actually a Federal Medical Disability Retirement application. What the Supervisor says or doesn’t say is not ultimately relevant. Can the Supervisor’s Statement have an influence or impact? Obviously. But it is not one of those things which should be worried about, because it is beyond anyone’s control — for the most part.
“What if my doctor won’t support my case?” This is a hypothetical which one has control over, in filing for Federal Medical Disability Retirement benefits. As such, one should make an appointment with the doctor before starting the process, or even contemplating starting the process, and have a frank discussion with the doctor. Bifurcate those issues which one has control over, from those which one does not. In filing for Federal Disability Retirement benefits under FERS or CSRS, one needs to confront the reality of today, in preparation for tomorrow’s future.
Sincerely,
Robert R. McGill, Esquire
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