Tag Archives: when the opm disability applicant receives misleading information

Disability Retirement from the U.S. Office of Personnel Management: Expunging the Chatter of Irrelevance

The bombardment of information is a constant and persistent drone; what constitutes newsworthy items, priority of information, and sifting through the quantitative morass of irrelevance, is a daily toil which requires expenditure of human stamina and sheer will power which grinds and depletes the soul of needed quietude.

This is a complex world.  The blare and glare of “relevant” information fights for our attention daily, if not every minute of each hour; if not every second and fraction thereof; and sometime in the recent past, the accepted bifurcation between news, entertainment, and personal opinion no longer followed the conventional pathway of self-evident declarations, and it became the norm to cross the boundaries of propriety.

Now, it is up to each individual to unravel the composite fictions created by the quantitative juggernaut of information overload. Information is there for the public; that is a good thing.  But to recognize and divide relevant information from the chatter of irrelevance — that is the key to maintaining one’s sanity.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the tripartite pressure of information overload confronts one with an unavoidable immediacy: Trying to maintain one’s job while simultaneously fending off any adverse actions from the agency; trying to prepare a Federal Disability Retirement application without undue dissemination of sensitive medical information to those not necessary to the process, and thus attempting to retain a certain level of privacy; and trying to find relevant information from the vast storage of quantitative overload, and sifting it down to that which is relevant, as opposed to the chatter of irrelevance.

The chatter of irrelevance, quite simply defined, is that which makes a lot of noise, but is substantively devoid of useful content.

Compare, contrast, and analyze; but in the end, the age-old merchant’s adage of “buyer, beware,” should still be applied when accepting information for such an important step as preparing, formulating, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Gov. and USPS Disability Retirement: Information Overload

Before we even became comfortable with the assignation of the term, “information age“, we were informed that we have already entered into the “post information age”; one has no idea where one stands today because of the lightning speed of our times.

Whether human nature can withstand the onslaught of such rapidity and volume of the multiplicity of component data; of what consequence we are creating in our very midst; whether destruction of societal relationships and connections are truly best for the survival and continuation of our species; all of these concerns matter little.  For, like the story of the complex machine which was once created, and for which Man forgot to build an “off switch”, the ever-forward trajectory of the age of infinite information encroaches whether we desire it or not.

Technology is dependent upon the newness of the next generation of dazzling whistles.  The desire for greater enhancement of stimuli is wired within the human psyche; and like the rat which becomes addicted and comes back for more, we require the overload.

For the Federal and Postal employee who is beset with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the process of gathering, incorporating, and applying the information concerning Federal Disability Retirement and the bureaucratic process of obtaining the benefit can be, at best, a daunting task. There is always that “piece of evidence” of statutory linkage which must be considered; and as technology continues to progress without regard to individual circumstances, it is anathema to the regressive nature of a progressively deteriorating medical condition.

Ultimately, however, in whatever “age” we find ourselves in, we must play by the rules of the game, and acquire as much information as we can, and be able to filter that which is relevant as opposed to mere fluff.  Like the proverbial bubble filled with hot air, there is much information “out there” which is either irrelevant, inconsequential, or simply filled with errors.  One must be careful as to the source, and who to listen to.

For Federal and Postal employees under FERS or CSRS, the process of filing for Federal Disability Retirement will be a long and complicated one.  How one gets there will be the key; what information to use, and what tools to covet, will make all the difference in this complex world of post-whatever in which we find ourselves.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Verification Process

The process for verifying information is a procedural matter which is applied with a systematic methodology.  Verification is essentially a comparative analysis — comparing what is said in one sector of information, with claims made in another.  Consistency of information and claims is therefore what is crucial.  This general overview is applicable in nearly all areas — of law, of marketing, of scholarly endeavors, etc.  

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 maintain a consistency of claims and assertions.  Thus, there should be a logical and sequential order in the approach of putting together a Federal Disability Retirement application.  What is so surprising is how many Federal and Postal employees filing for Federal Disability Retirement benefits will prepare and submit an Applicant’s Statement of Disability independent of a written medical report from one’s treating doctor.  

Assumptions and presumptions should be avoided at all costs (yes, and the cost of assuming or presuming can be high, indeed, with the consequence of a denial from OPM).  Of course, consistency and verification of information is applicable not only in the preparation of a Federal Disability Retirement application — the same methodology of verification should be applied as to claims by those who represent Federal and Postal employees.  

There is a lot of information “out there”, but whether and to what extent such information is accurate, useable, or even relevant, is a question to be asked and answered by the Federal or Postal employee preparing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

FERS 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, 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, where one’s future may depend upon the information gathered, the Federal employee or Postal worker would be wise to “check out the source” before proceeding forth.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement & SSA Awards

When filing for FERS Disability Retirement, one is required to file for SSA disability at some point in the process. Some Human Resources offices have declared that it must be filed prior to OPM’s acceptance of a disability retirement application; this is not true. A receipt showing that SSA has been filed can be forwarded to OPM at any time — even after approval. In the unlikely event that the SSA filing is approved prior to the FERS disability retirement being approved, it is important for the applicant to send to OPM a copy of the award notice, because under Trevan v. OPM, the Office of Personnel Management is required to consider the award of SSA disability, together with other medical documentation, in reviewing a disability retirement application.

There are other steps that need to be taken, of course, to ensure that OPM considers such an SSA award properly and in accordance with the holding in Trevan; and, in most cases, of course, it will not be an issue, because the majority of disability retirement applicants will not qualify for SSA disability; rather, it is a formality that must be satsified, simply because the law requires it.

Sincerely,

Robert R. McGill, Esquire