OPM Disability Retirement: Horns & Whistles

Acoustic signaling devices and technological innovations in repackaging information can convey a sense of “newness” and a refreshing sort of alternate sensory perception; however, ultimately, the substantive information which must be presented will require tackling the hard elements of a case.

In presenting a Federal Disability Retirement case to the Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between the foundation of the case, as opposed to the “extras” which one may add.  It is like the analogy of the great and master chef who thinks so highly of his or her own skills, that the preparation of the main meal of a course is done without the primary ingredient.  Even the most unrefined and coarse connoisseur can recognize when the steak is missing from a steak dinner.

Thus, in a FERS or CSRS Disability Retirement case, while one’s statement of disability may be persuasive; while “other evidence” by the agency, coworkers, etc. may establish a perspective of medical disability, the foundation of the nexus between one’s medical condition and the positional duties required must be established by the substantive essence of the case — the medical evidence itself.

Don’t mistake the periphery for the center; don’t be fooled by horns and whistles; much noise does not make up for the central requirement in any endeavor.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Refinements

One often hears of a “refined” or “cultured” person; such a description often provokes an image of one who has had the leisure time in order to engage in the arts and of higher society; and the word itself leaves connotations of perfecting the rough edges of a person, thing or work.  But if the focus of one’s efforts is upon refinement at the outset, then there is the danger that the core of the focus will not have been adequately worked upon.

Refinements should come only after the essence of a work has been produced, just as leisure time should be enjoyed only after one has completed the necessary work.  Refinements should not be the focus of one’s attention if the centrality and essence of the issue is not first attended to; and so it is with all things in life.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to focus upon creating, formulating and producing an excellent Statement of Disability; expending the effort to obtain an effective medical report; promulgating the applicable legal arguments which support the substantive underpinning one’s Federal Disability Retirement application.

Refinements can be made; but such a focus should only be engaged once the core essence of a case has been formulated.  Leisure time is just that — only after the essence of a case has been attended to.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Approaching the Entrance to OPM’s Thought Process

The attempt to predict an opponent’s approach in an endeavor — whether in competitive sports; in debate; in an adversarial forum — is a practice which can have favorable results, or one which ends with disastrous consequences.  For the prediction itself must be based upon known factors, such as the applicable standards which the opponent will rely upon, relevant elements which will be utilized, and human, unpredictable quirks which seem to always come into play.

In approaching an opponent, it is always a good idea to study the opposition; but too much reliance upon attempting to out-maneuver the opposition can have the negative impact of taking away from valuable preparation-time one may need in order to prevail.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, many Federal and Postal applicants attempt to analyze the questions posed on the Standard Forms (SF 3107 series for FERS employees; SF 2801 series for CSRS employees; SF 3112 series for both FERS & CSRS employees) perhaps too deeply, in attempting to “understand” the opponent — the U.S. Office of Personnel Management.

Yes, the questions must be analyzed; yes, there is an implicit trickiness to many of the questions (especially on SF 3112A); and, yes, a cautious approach must be taken in answering the questions.  But such caution should never detract from spending the necessary time in preparing the crux and foundation of one’s Federal Disability Retirement application — that of formulating the logical nexus between one’s medical condition and the positional duties which one can no longer perform.

Ultimately, the substance of one’s Federal Disability Retirement application must be given the greatest of focus and effort:  attempting to approach the opponent’s thought processes — in this case, that of the “collective” efforts of multiple individuals at the U.S. Office of Personnel Management — may be an act of futility; better to spend the needed hours solidifying one’s own case than to try and understand an incomprehensible entity.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Undue Focus upon Minutiae

It is like the story of the man who rushes in breathlessly and declaratively warns others of the impending tornado, and with only minutes to spare, he is stopped and asked, “But will we still be able to watch our evening shows?”  The focus upon relevant details; of the “larger picture“; of logical and sequential sets of facts, as opposed to getting irrelevant information correctly stated, is often a problem in writing effectively.

The ability to use discretionary choices in separating factually important descriptions from those which are tertiary at best — will result in having the reader focus upon the essential aspects of one’s presentation, in any context or forum.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is vitally important to separate and bifurcate that which is primary in importance, that which is secondarily of relevance, and those factual minutiae which, even if left out, will make little or no difference to the substantive content of a Federal Disability Retirement application.

Often, Federal and Postal employees who suffer from severe psychiatric conditions will unduly focus upon minutiae which, in the context of their medical conditions, are exponentially quantified in magnified importance beyond reason or rationale.  One must understand that such is the very nature of the psychiatric condition itself; but recognizing it as such, and trusting in the wise counsel and advice of one’s attorney, is the best first step in making sure that one’s Federal Disability Retirement application will have a fighting chance for an approval.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: These Economic Times

Do outside influences other than “the law” impact upon benefits applied for?  Depending upon what particular perspective one has, the human animal can be characterized as either extremely simple, or supremely complex.  In comparison to other animals, one needs to only look at the vast civilization of architectural magnificence, artistic beauty, and acts of compassion and empathy, to arrive at the latter conclusion.  But human nature often overrules the complex beauty of such accomplishments, leaving one with the unmistakeable conclusion of the former.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must proceed and assume such an application based upon the legal criteria as applied, and expect a fair and impartial review based upon the statutory implementation of such rules and regulations.

But in these economic times…   Does the Federal Government want to limit the number of applicants approved (the unspoken “quota” argument)?  Is there an underlying motive other than medical reasons, as to why the Federal or Postal employee is filing for Federal Disability Retirement benefits (OPM’s suspicions)?  Do “unofficial policies from on high” ever apply?

Such questions and concerns are often asked, but ultimately they are irrelevancies.  For, in preparing, formulating and filing for Federal Disability Retirement benefits from OPM, one must move forward regardless, and put together the best case possible, based upon the evidence one has.

Any other approach, or becoming unduly concerned with collateral issues, will only detract and distract from the essence of a Federal Disability Retirement case.

Sincerely, Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Connections

It is the logical and sequential connections between independent facts, which provide the foundational basis in “proving” a thing.  One can infer or imply; it is indeed possible to extrapolate; but to leave such cognitively-arduous exercise to someone at the Office of Personnel Management is merely to cast it to a chance occurrence.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to expressly state the obvious — and not just the facts themselves, but the very connections which bind the independent conceptual constructs, and which lead to unmistakable and irrefutable conclusions.

Thus, while it might be obvious to some that if X medical conditions impact Y essential elements of one’s positional duties in the Federal agency or the U.S. Postal Service, it is nevertheless important to emphasize the “why” as well as the “how”.

From a treating doctor’s perspective, such a connection may be so obvious that it need not be emphasized — precisely because of the intimate knowledge which the treating doctor has accumulated over the years and years of reviewing diagnostic test results, through repeated clinical examinations, etc.  But from a case-worker’s perspective at the U.S. Office of Personnel Management, who is reviewing one’s application for Federal Disability Retirement benefits for the first (and possible only) time, repetition of connections is vital to a successful outcome.

How does one metaphorically gain the attention of someone at OPM?  By repetition and making explicit that which may otherwise be implicit and hidden.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Implicit v. Explicit

That which is not explicitly stated, may leave room for the listener to infer multiple meanings based upon the implicit statement of the speaker or writer.

Thus, in a Federal Disability Retirement application under FERS or CSRS, filed with and obtained through the U.S. Office of Personnel Management, it is important to state with explicit redundancy those elements which meet the legal criteria for eligibility for Federal Disability Retirement benefits.  X impacts positional element Y.  X may impact positional elements Y or Z.  X will surely prevent Mr. A from performing some of the essential elements of his job.  Of these three statements, which one states unequivocally and explicitly, while the other two allow for inferences which may well result in a denial from the Office of Personnel Management?  Obviously, the answer is the first statement, leaving the subsequent two room for inference and implication.

Remember that the Disability, Reconsideration and Appeals “Specialist” at the U.S. Office of Personnel Management is specifically targeting a Federal Disability Retirement application for any excuse to deny it.  The reviewer will selectively choose any cracks in the aggregate of the disability retirement packet, and where there is room for inference or implication, the language used will be interpreted in the light most favorable to the Office of Personnel Management, to issue a denial in a Federal Disability Retirement case.

Wherever and whenever possible, make explicit that which sounds implicit.  The crack of dawn is a time to get up and get things accomplished; a crack in the meaning and usage of language is merely an excuse for misuse and abuse.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Focus, or Lack Thereof…

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, it is important in the beginning stages of the process to have a clear, charted course in creating the nexus between one’s medical conditions and the type of positional duties required by the Federal or Postal job which one is slotted in.  

Lack of clarity leads to meandering; meandering results in the potential danger of entering into territories which can have a negative and detrimental impact; such resulting negative endings at any stage of the process only extends the time by forcing the applicant to appeal the case to the next stage, and having to correct and explain the mis-steps which resulted from the original lack of clarity and focus.  Thus, a single mistake at the beginning of the process can have a compounding effect upon the entire application process, and that is why it is important to start off with clarity, focus, and a purposeful plan.  

In the study of Philosophy, the subject of Metaphysics almost always encompasses the concept of “teleology” — the idea that there is a purposeful end based upon various logical arguments, such as cause-and-effect, the argument from design, etc.  In analogous form, it is important to have a teleological approach to preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management.  

As with the design argument in metaphysics, there are certain “guideposts” which are important to use — i.e., what the doctors state in their reports; the parameters of one’s position description; the type of job which one has (sedentary or out in the field), etc.  Within those boundaries, one should remain.  Wandering in thought leads to areas of unintended harm.  Stay within the boundaries of the questions posed, and one has a safer haven away from trespassing into areas uncharted, unknown, and undesired.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: The “Almost” Medical Inability to Perform Termination

Often, Agencies will proceed to propose a removal of a Federal or Postal employee based upon reasons which clearly “imply” one’s medical inability to perform one or more of the essential functions of one’s job, but explicitly, based upon other stated reasons — e.g., “Failure to Maintain a regular work schedule” or “Being Absent Without Official Leave (AWOL)“.

Then, the frustrating scenario is when the Agency — in the body of the proposed removal letter — refers to and acknowledges the existence of multiple medical conditions which form the foundation, reason and justification for being unable to maintain a regular work schedule or being absent from the job (whether with or without official sanction or approval).

The key in such circumstances, of course, is to try and attempt to make the “implicit” (references to one’s medical conditions and their impact upon one’s inability to perform one’s job) “explicit” (having the Agency change or amend the reasons to instead state:  “Removal based upon the employee’s Medical Inability to Perform his or her job”).

Such a change, of course, would be helpful in a Federal Disability Retirement application under CSRS or FERS, precisely because it would invoke the Bruner Presumption, which would then make it that much more difficult for the Office of Personnel Management to deny a Federal Disability Retirement application.  For, that is the ultimate goal:  to obtain an approval of the Federal Disability Retirement application; and any such advantage gained brings the Federal or Postal employee one step closer to that ultimate goal.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: The MSPB

The entire process of preparing and filing a Federal Disability Retirement application under FERS or CSRS should be accomplished with the view that it will end up at the Merit Systems Protection Board, being heard by an Administrative Judge.  This is why much thought and preparation should foreshadow each application.  There should be a running theme throughout the narrative which reveals the individuality of a person’s medical condition and how that medical condition impacts his or her ability/inability to perform one or more of the essential elements of one’s job. 

Truth should always be the guide; however, truth is always influenced by perspective.  It is the “perspective” of the Office of Personnel Management, in all Federal Disability Retirement cases under FERS & CSRS, to carefully scrutinize the narrative of the medical condition, impact upon the job, and the ability and inability to have the necessary connection between the two.  It is the perspective of the supervisor who will render his or her opinion based upon a limited knowledge and observation.  Perspectives must be questioned.  Thus, there is the opportunity for cross-examination at the MSPB level, which must be engaged in artfully and with care.  Each individual believes that his or her Federal Disability Retirement application is a “sure thing” at the First Stage of the process — until the reality sets in.  The reality, of course, is that every application must be prepared as if it is going to the MSPB, because it well might, and often does.

Sincerely,

Robert R. McGill, Esquire