Posted on June 09, 2012 in Administrative Law
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 often necessary to perform a methodological analysis similar to a "risk-benefits" evaluation before proceeding down the path in attempting to prove, by a preponderance of the evidence, that one is eligible for Federal Disability Retirement benefits. The risks versus benefits analysis should already have been performed: the necessity of filing because of one’s medical conditions should have answered any such issues arising from such a concern. The "other" analytical approach, however, often revolves around the ever-prevalent and uniquely human ability to endlessly ruminate: the "What if" syndrome. What if I don’t get the disability retirement? What if my agency terminates me before I get approved? What if… Such questions, while important to consider, should be first preceded by the overarching "what-if" question of all, which generally answers all subsequent similar questions: "What if I don’t file?" Presumably, one comes to a point in deciding to file for Federal Disability Retirement benefits because of a medical condition which has progressively or suddenly come to a point where it prevents one from performing one or more of the essential elements of one’s job. Given that, the options to be clarified are quite simple: If one does not file, then one will either have to continue working in the same or similar capacity; or one can resign and walk away, perhaps with a deferred retirement at age 65. Are any of those options truly viable? Ergo, many — if not all — of the other "what if" questions resolve themselves by first clarifying the penultimate what-if question. Sequential clarification of one’s options is an important step in the reflective process of decision-making; take the time to consider the options; clarify the options; then, when the decision to prepare, formulate and file for Federal Disability Retirement benefits becomes a matter of necessity, move forward with the view that one will be approved precisely because the facts prove the case, without engaging in the self-defeating, very-human endeavor of self-doubt and questioning.
Sincerely, Robert R. McGill, Esquire
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 often necessary to perform a methodological analysis similar to a "risk-benefits" evaluation