Tag Archives: Winning methodology for OPM Disability Retirement

Relying on Common Sense

The problem of relying on “common sense” (as that term is often used and understood) is that such reliance not only reflects a presumption that one possesses that very quality that we deem and recognize as “common sense”, but further, that we assume that we have such sense to realize one possesses it, and additionally, that the person to whom such sense is applied also has it.  In preparing, formulating and filing for FERS Disability Retirement benefits from the Office of Personnel Management, it is indeed an arbitrary delegation and assignment of one’s case, that the Case Worker would possess that very quality in the process of evaluating, analyzing and reviewing the Federal Disability Retirement application.

Instead, what normally happens is that the OPM Case Worker mechanically applies a sheet containing the “7-part Legal Criteria” and determines whether or not a Federal Disability Retirement application satisfies each of the criteria.  But much of OPM Disability Retirement has to do with subtle implications and “reading between the lines” of a medical report, and coming to a “common sense” conclusion by extrapolating and actually analyzing the connection between one’s positional duties and one’s medical conditions, and determining whether or not an inconsistency exists.

Further, when the Bracey decision concerning the concept of “Accommodations” is considered, the issue of inconsistency between a Federal or Postal position and the medical condition can be viewed in a proper light and context, with greater clarity.  But to rely upon common sense — both in one’s self, and in someone else — is a dangerous assumption: one which proves the old adage about making a donkey out of you and me.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

While we do every effort to keep our blogs updated, Federal Disability Retirement Law changes over time, especially with new case laws and rules.  If you have any question about the FERS Disability Retirement process, please contact the author for a personalized consultationMr. McGill is the leading FERS Disability Retirement Attorney in the country.  He dedicates 100% of his practice in this unique field of law.

The Tool of Repetition

Repetition is an important tool in any written genre; overuse of the tool can always backfire (is there an inherent conundrum in criticizing the tool of “repetition” by saying that it can be “overused” — probably), but in preparing, formulating and filing a Federal Disability Retirement application under FERS from the Office of Personnel Management, the importance of repetitively stating the important elements of one’s medical conditions and their impact upon one’s ability/inability to perform the essential elements of one’s job cannot be overstated.

As time is a commodity worth its span in gold, the assigned case worker or disability specialist (or whatever other name or designation given to the person at the Office of Personnel Management who will review one’s Federal Disability Retirement application for identification purposes) must use such time efficiently; and given the volume of cases which the Case Worker must evaluate, analyze and decide upon, the tool of repetition is important precisely because, in the short time-span within the volume of cases to be reviewed, the ability to catch the attention of the reviewer and to highlight the main points of one’s case by shouting out in bold-faced screams, is an effective way of presenting one’s case.

As paper-presentations go, they are silent vehicles of communication. However, within the neutral silence of being presented to the reader, it is important to repetitively state (and restate) the main points of a case in formulating one’s narrative in the Applicant’s Statement of Disability.  As with everything else, however, in preparing, formulating and filing a FERS Disability Retirement application, there is a danger point in using the tool of repetition: too much repetition can make one’s case appear to be “artificial” and conniving.

You don’t want to file a Federal Disability Retirement application by stating the FERS Disability Retirement application too repetitively because to overstate the Federal Disability Retirement application too many times would be to use the tool of repetition too much in a Federal Disability Retirement application (hope one gets it).

Sincerely,

Robert R. McGill, Esquire
FERS Medical Retirement Benefits Lawyer

Neither your receipt of information from this blog, nor your use of this website to contact the author creates an attorney-client relationship between you and Attorney Robert R. McGillAs a matter of policy, Attorney McGill does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter.  You may, however, first contact Robert over the phone for possible legal representation and to assess your probabilities of becoming a Federal Disability Retirement annuitant after the specifics of your case are evaluated.  An initial consultation with Attorney McGill is always free.