OPM Disability Retirement: Information in the Public Domain

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, there is a quantity of information which exists in the “public domain”.  Just as in the areas of social, professional and (unfortunately) personal lives, information on issues, people, concepts, etc., are plentiful, so similarly the legal arena has exploded with unending and expansive admixtures of facts, opinions and information.  That is the nature of this “information age“.  

Quantity of information, however, is not an indicator of the quality of such information.  Further, quality of information does not necessarily result in knowledge.  Knowledge is conceptually distinct from information.  The former encapsulates the application and effective usage of the former, while the former remains a vacuity of existence until it is formed and utilized.  

Proving one’s eligibility for Federal Disability Retirement benefits under FERS or CSRS requires both knowledge and information.  For, ultimately, it is the effectiveness of the formulated application, one which persuades and meets the legal criteria at the Office of Personnel Management, which is what matters.  As such, it is important to first reach out for qualitative information, then to seek out a Federal Disability Attorney who has effectively applied such information for his or her clients.  

In the search for information, always ask questions, for questioning should always lead the comfort of mind that the source of the answers will provide an effective use of information, both in quantity and in quality.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Clarifying Misconceptions

Information is interesting.  But not all interesting information is useful.  And, further, not all information, even if interesting and (potentially) useful, is accurate.  Ultimately, in order for information to be of practical use, it must be accurate, useful, and purpose-related.  Thus, when inaccurate (partial or complete) information is placed into the public domain, it often becomes useless, but remains interesting to the extent that people continue to rely upon such information.

In filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to obtain, process, and apply useful and accurate information.  Two sets of basic information need to be clarified:  First, many Postal and Federal employees have been confused about SSDI and its impact upon Federal Disability Retirement and the application process in preparing, formulating and filing for Federal Disability Retirement benefits under FERS (CSRS exempted because an SSDI receipt is not necessary).  Showing a receipt for having filed an SSDI application is all that is needed.  An approval is not necessary; and, indeed, for most Federal and Postal employees, one will not ordinarily qualify for SSDI precisely because it has a higher standard to be eligible.

Further, a sequential showing is NOT necessary — i.e., one does not have to first file for SSDI in order to file for FERS Disability Retirement benefits.  All that is necessary, from OPM’s perspective, is that at the time of an approval of a Federal Disability Retirement application under FERS, a Federal or Postal employee must show a receipt showing that one has filed for SSDI benefits.

The Second informational error to be corrected:  While somewhat redundant based upon the first, a Federal or Postal employee does NOT have to be approved for SSDI in order to file for Federal Disability Retirement benefits under FERS.  That would be pointless and illogical, if one stops and thinks about it.  Again, all that is necessary is that one files, and one shows a receipt at the time of an approval of a Federal Disability Retirement application under FERS.

Yes, this is the information age; but it still comes down to a human being who places the information into the public domain, and the

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Information v. Essentials

There is a tendency to want to “reveal all“, as if not revealing every aspect of a narrative is somehow misleading, untruthful, or deceptive.  But there is a distinction to be made between information, whether it is background information or information pertaining to relevant facts and circumstances, as opposed to the essential core of a narrative.  

As the Office of Personnel Management attempts to reduce the backlog of Federal Disability Retirement applications under FERS or CSRS, it becomes more and more important for each application to be submitted in a streamlined, “only the pertinent facts” type of submissions.  This is not to say that all “relevant” facts must be distinguished from documents and submissions which provide for contextual understanding of a case.  Rather, the days when volumes of medical documentation of all treatment notes, test results, etc., without a guiding cover letter, may do more harm than good.  

In this day and age when there is so much information on the internet (much of which is irrelevant and meandering), it is good to keep in mind the conceptual distinction between that which is merely informational, and that which is essential.  For Federal and Postal workers who are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, make sure that you are focusing upon the essentials, and not merely providing information without context and relevance.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: What Others Said

Often, during a consultation with a Federal or Postal employee, the issue comes up about what “X said” about “Y-issue”.  Information is plentiful, and especially in this age of the internet, the plethora of information, abundant in volume and scope, can seemingly provide the generic and universally appreciated mass of unidentifiable vacuity called, “Information“.

The problem is no longer the lack of information; rather, the problem is to be able to discern the difference between “useful information”, “relevant information,” “effective information,” and “peripheral information”.  In preparing, formulating, and filing a Federal Disability Retirement application under FERS or CSRS, it is important to make the distinctions.  However, in this world of unlimited sources of information, a person who first approaches a subject — especially a subject involving legal consequences such as Federal Disability Retirement law — may have a difficult time in distinguishing between the various “types” of information.  

Further, it is important to recognize the “source” of information — Who said it?  Where did it come from?  Is there statutory authority to back it up?  Is the source reliable?  These latter questions must also be asked, and the way to determine the credibility and reliability of information is often to take some time and cross-check information from various sources, and decipher as to whether a particular source provides a consistency of information which can be trusted.  When it comes to preparing a Federal Disability Retirement application under FERS or CSRS, where one’s future may depend upon the information gathered, the Federal or Postal employee would be wise to “check out the source” before proceeding forth.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Repetitive Reminder

Remember that a FERS & CSRS Disability Retirement application must be filed within one (1) year of being separated from Federal Service.  For some odd reason, there is still some prevailing misconception that the 1-year Statute of Limitations begins from either (a) the date of the onset of an injury, (b) from the date one goes out on LWOP, Sick Leave, or some other administrative leave, or (c) from the date that one is no longer able to perform the essential elements of one’s job — or (d) some combination of the three previous dates.

Whether from confusion, misinformation from the Agency, misinterpretation of what information is “out there” or some combination of all three, the Statute of Limitations in filing a Federal Disability Retirement application under FERS or CSRS is one (1) year from the date that a Federal or Postal employee is separated from his or her agency, or from the Postal Service.  Inasmuch as a Federal Disability Retirement application under FERS or CSRs will often taken 6 – 8 months (minimum) to get a decision from the First Stage of the process, it is a good idea to get started earlier, rather than later.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Information

Information is plentiful in this age of technology and the Internet.  But always remember that information is distinctly different from knowledge and truth.  A plethora of information does not necessarily constitute true, verifiable, useful, or accurate knowledge.  With all of the information “out there”, how does one verify the information?  

Further, with respect to filing for Federal Disability Retirement under FERS or CSRS, how does one discern correct and accurate information from information which, if used or relied upon, can actually result in a detriment?  One way is to spend some time reading and sifting through various sources of information; comparing the information; and further, seeing whether one can discover the underlying motivation or purpose of the source of the information.  Further, in seeking legal advice in filing for Federal Disability Retirement benefits, remember that you must ultimately make the determination as to competency,reliability, and capabilities.  Obtaining Federal Disability Retirement benefits is an important step in one’s life; finding the right information, and the right source of information, is an important first step in the process.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Social Security Disability

Under the rules concerning FERS disability retirement applications, one must file for Social Security Disability.  As most people already know, there is an interaction/offset between Social Security Disability benefits and FERS disability benefits, if both are approved (100% offset in the first year of annuity, 60% offset every year thereafter).  One would assume (dangerously, as it turns out), that if an application for Social Security disability is approved, that it would automatically render an approval under FERS disability retirement a “sure” thing.  Nothing could be further from the truth. 

The fact that Social Security has a higher standard of proof — where one must be considered “totally disable” as opposed to (under the legal standards for FERS) “disabled from performing one or more of the essential elements of one’s job”) — one would think that, legally and logically, if you have met the higher legal standard of proof, then the lesser standard would have been automatically met.  Unfortunately, because the two standards are applied in different, independent agencies, the fact that Social Security Disability benefits are awarded is not a guarantee that the FERS disability retirement application will automatically be granted.  However, there is clear case-law stating that OPM must consider the approval by SSD as one factor among many in the consideration of FERS disability retirement applications.  It is important to cite such cases in support of your application for FERS disability retirement.

Sincerely,

Robert R. McGill, Esquire