Federal and Postal Disability Retirement: Central v. Peripheral Issues

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management (OPM), it has been variously pointed out by the undersigned author at different times, that it is a self-defeating proposition to focus upon workplace issues which may be the originating and/or continuing impetus, cause or exacerbating trigger of a medical condition which has resulted in the necessity of filing for Federal Disability Retirement benefits.

Just as the problem of an ad hominem attack detracts from the centrality of a point to be made, and instead focuses one’s attention upon an issue which may or may not have any relevance at all upon the original proposition; similarly, to unduly focus upon workplace issues such as harassment, hostile work environment, unfair treatment, mean supervisors, personalities of coworkers, policies which are applied in a discriminatory manner, etc. — all of these issues, while of interest perhaps in another context, forum or jurisdiction, deflects the central and substantive focus of what is necessary in order to obtain an approval for a Federal Disability Retirement application from the Office of Personnel Management.

Moreover, such focus upon peripheral issues may actually defeat a FERS or CSRS Disability Retirement application, by pointing out the “red flag” of what is termed a “situational disability” (those disabilities which can be reasonably said to confine themselves within the context of a specific work environment).  Treat the preparation, formulation and filing of a Federal Disability Retirement application before the Office of Personnel Management as one’s opportunity for 15 minutes of fame — within that short time span, make the best of it, and don’t meander into areas of irrelevancies.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Fairness

“Fairness” is a difficult concept to set aside, even when it is in the best interests of one to do so.  The underlying list of supporting reasons may be many — that the Agency engaged in acts X, Y & Z; that the Agency or named Supervisor did certain things, etc.

In a Federal Disability Retirement case, it is often not a good idea to focus upon issues of fairness.  In representing clients, my focus is upon proving by a preponderance of the evidence that a Federal or Postal employee is eligible and ultimately entitled to receiving Federal Disability Retirement benefits under FERS or CSRS.

Issues of agency actions; whether a Federal or Postal Worker was treated “fairly”; whether the National Reassessment Program is “fair”; all of these issues become peripheral, and sometimes harmful to the process of filing for and obtaining Federal Disability Retirement benefits.

To paraphrase an old adage, it is my job to keep that which is central to the issue, my center of attention, and to sweep aside the superfluous as just that —  distractions which should not be allowed to impede or otherwise impact the purpose of the entire process:  to get an approval from the Office of Personnel Management for one’s Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Determining Peripheral Issues

It is important in preparing a Federal Disability Retirement application to make the distinction between essential, substantive issues which will need to be addressed, and those issues which should be deemed “peripheral”.

The substantive issues should be those which go to the “heart” of your case (i.e., the medical disabilities; the impact upon the work; sometimes, the issues concerning medication regimens and treatment modalities, etc.).  The peripheral issues are those which will not only detract from the essential issues, but also some which may, if focused upon too prominently, derail a Federal Disability Retirement application.

Further, a potential applicant for a Federal Disability Retirement must have the wisdom and discernment to sometimes leave an issue alone.  Perhaps an issue is brought up by a Supervisor in a Supervisor’s Statement, or in the SF 3112D concerning an accommodation issue; or perhaps it is brought up on an SF 50.  In any event, remember the general dictum that if a person protests an issue too vehemently, it may bring the attention and focus of the Office of Personnel Management upon an issue which otherwise may have been ignored.

Such approaches in determining peripheral issues from substantive issues are made in the course of filing for Federal Disability Retirement benefits, based upon experience, wisdom, and discernment.

Sincerely,

Robert R. McGill, Esquire