OPM Disability Retirement: Key Words, Conveyance of Information, and Satisfying the Legal Criteria

There is often a misunderstand about a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS: that the magic of linguistic compliance will bring about success, as opposed to the compilation and delineation of information needed to meet the legal criteria in a case.

There are no “magic words” or “key phrases” which the Federal or Postal applicant, the treating doctor, or the lawyer representing the Federal or Postal employee, can utilize or include in any Federal Disability Retirement packet, which will ensure or otherwise exponentially increase the statistical variances of being successful in applying for Federal Disability Retirement benefits.  Rather, the “key” to a successful filing of a Federal Disability Retirement application is to compile the necessary and required documentation in order to meet the medical and legal criteria mandated by law, in becoming eligible and entitled to Federal Disability Retirement benefits.

The difference may be somewhat subtle: on the one hand is the misguided approach of thinking that Federal Disability Retirement application-X was successful because it contained certain key phrases and elements, and thus in thinking that a regurgitation and reenactment of those phrases or elements, if used in another Federal Disability Retirement application, will result in an identical outcome.

The proper approach (satisfying the converse grammatical requirement and avoiding the necessity of saying, “on the other hand”) in opposition to the “key phrase” thought, is to recognize that each Federal Disability Retirement application-Y is constituted by unique facts and medical data peculiar to the individual case, but that in the application of those facts and data, compliance with the administrative criteria is somewhat self-reflective. Similarity, however, does not imply successful extrapolation of previously-applicable content from another Federal Disability Retirement application.

That is the mistake which is often made: One success often leads to the laziness of regurgitation; to put it crudely, one can starve by feeding upon the same food within a confined organic digestive system. In the end, a successful Federal Disability Retirement application must not rely upon prior successes, but rather, recognize the uniqueness of each set of circumstances, apply the relevant law to such peculiarities, and argue the evidence in the context of the conveyance of information meeting the statutory criteria espoused by the U.S. Office of Personnel Management in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Key Words and Phrases

In every writing endeavor, there arises over time an identification of the efficacy of certain key words and phrases.  The problem with such identification, however, is that the deliberate extrapolation and insertion of such “keys” will often lead to over usage, inapplicable repetition, and loss of effectiveness resulting from the very recognition of the centrality and importance of such words and phrases.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often a tendency to want to know what the “key” is to the successful outcome of a Federal Disability Retirement case.  It is like searching for the entrance to a secret passage:  we believe that if X is discovered, inserted into the proper keyhole, then the mysteries of that which we fail to understand will be opened.  But proper flow and substantive appropriateness of any medical terms must always be considered within a greater context.

Ultimately, it is not any particular word or phrase which leads one onto the path of success in a Federal Disability Retirement case; rather, it is the substantive conceptual underpinnings behind such words and phrases which matter.  Not the words themselves; nor the phrases which describe; rather, the meaning behind such words and phrases within the context of the entirety of one’s medical condition — that is the key to a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Confirming the Relationship

After undergoing all of the those diagnostic tests; after allowing the doctor to clinically examine, prescribe multiple medications based merely upon the say-so of the doctor; after allowing for invasive surgery; sending you to physical therapy; if the time then comes to prepare and file a Federal Disability Retirement application under FERS or CSRS, it is important to confirm the strength of that “patient-doctor” relationship that has apparently been ongoing and fostered for those many months, years, and sometimes, decades.  

It is not enough to get a nebulous “pat-on-the-back-sure-I’ll-support-you” sort of response, and with that, you receive a thick packet from the medical office, you open it, and inside is merely a copy of your medical records.  No — “support” must be concrete and definitive. It must mean, specifically, that the doctor is willing to write an excellent medical report outlining his or her opinion in connecting your medical condition with you inability to perform one or more of the essential elements of your job.  If it is time to file for Federal Disability Retirement benefits, it is time to have a heart-to-heart talk with the treating doctor, and see how committed he or she really was and is to this “patient-doctor” relationship.

Sincerely, Robert R. McGill, Esquire

Federal Employee Medical Retirement: First Steps

With almost everything in life, it is that metaphorical “first step” which is the most difficult in the process of beginning, enduring, and accomplishing anything.  This is no different in filing a Federal Disability Retirement application under FERS or CSRS.  The task at the outset can appear daunting:  the multiple forms; the ability to formulate the necessary connection between one’s medical conditions and the job which one performs; having the Agency fill out their portion; having the doctor formulate, in a precise and meaningful manner, the narrative report which will meet the legal criteria for successful eligibility for Federal Disability Retirement benefits.  It is as challenging as the first step for a child; as intimidating as the first step in any life changing event.  To ease the process, it is often a good idea to do some preliminary research, including speaking with an Attorney who specializes in the process of preparing, filing and fighting for Federal and Postal Disability Retirement benefits.  As with everything in life, proper preparation is the key to success, and it is no different for a Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Necessary Doctor

Ultimately, the doctor who is necessary is the one who will be supportive.  Whenever the question is asked of me whether it is “necessary” to have the support of this or that doctor, my answer is generic in nature:  It is better to have one excellent narrative report in support of one’s Disability Retirement Application, than to have 5 mediocre or lukewarm reports.  Excellence in a Federal Disability Retirement application is encapsulated by the level of passion and support by the treating doctor.  The character and texture of a medical report is not just a set of factual listings of medical conditions and a dry statement of an opinion; rather, the underlying sense of a doctor’s firm and passionate belief in a patient is often evident in the intangible underpinnings of a good report.  There are simply some reports written by a doctor where one knows that it is improbable that the Office of Personnel Management will want to entangle themselves in; the unequivocal voice, tone and tenor of such a report can make the difference between getting an initial approval of an Application for Federal Disability Retirement under FERS or CSRS, or a denial, resulting in the necessity of going to another stage of the process.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Developing a Case

In most cases, the normal process of disability retirement for the First Stage of the process is anywhere from 6 – 8 months; some fall towards the 6-month range; some take longer than the 8-month range.  The difficulty in most cases is that the potential disability applicant/annuitant obviously wants to get through the process as quickly as possible, most often in order to get a sense of security for the future, that he or she will have the certainty of the Federal Disability Retirement annuity.  All of this is understandable. 

The process — of preparing; of submitting; of waiting as it winds through the various Agency channels and finally to Boyers, PA and then to OPM in D.C. — is a process of high anxiety and anticipation.  Sometimes, however, cases must be patiently developed.  By “developed”, I merely mean that, at times, the doctor is not ready to provide the proper medical narrative report, or to state in explicit terms that a person is no longer able to perform one or more of the essential elements of his or her job, and that the medical condition will last for at least one (1) year.  Patience with the doctor as different modalities of treatments are applied, is often crucial in the development of a case.  My involvement in a case, even before it is fully developed, is preferred, only if to guide the client as the medical case develops, or — as is often the case — on issues involving how to respond to an Agency which is just as anxious for the whole process to begin and end, as is the client.

Sincerely,

Robert R. McGill, Esquire