Posted on September 23, 2011 in Administrative Law
In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, the conundrum which one faces immediately is to attempt to overcome the seeming inability of third parties (OPM Personnel included) to understand, comprehend, relate to, and ultimately "feel" a sense of empathy and compassion for the particular genre of medical conditions a Federal or Postal worker suffers from. While the entire administrative process of filing for Federal Disability Retirement benefits is based upon a legal criteria, with a standard of proof set by law — that of "preponderance of the evidence" (which, simply put, means that one must prove that something is "more likely" the case than not — a relatively low standard of proof in the potential options of applying various legal standards) — it nevertheless comes down to having a fellow human being review, analyze, assess and evaluate one’s Federal Disability Retirement application at the Office of Personnel Management. Yes, there is an applicable legal or eligibility criteria which is applied by the Office of Personnel Management. Yes, there is a set of conforming documentation which must be submitted. Yes, there are Standard Forms to be completed. Yet, as with all processes of review, no evaluative process can be merely characterized as an objective calculus; otherwise, the eligibility requirement of a Federal Disability Retirement application should be able to be determined by a computer program. While such a possibility may well occur in the not-too-distant future, for the present, an actual person (although this is sometimes questioned, also, based upon the unresponsiveness of OPM and the voicemail messages one encounters) at the Office of Personnel Management must review, evaluate, and determine the viability of a Federal Disability Retirement application. As such, part of the key to the success of the administrative process must be in the descriptive narrative of one’s medical conditions, their impact upon one’s ability/inability to perform one or more of the essential elements of one’s job, and the qualitative and quantitative impact, direct or otherwise, upon one’s life. Here again, a cold, objective calculus should not be the only approach. The "human factor" should be included — and to do so, one must extrapolate and apply all of the descriptive tools available in the English language.
Sincerely, Robert R. McGill, Esquire
In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, the conundrum which one faces immediately is to attempt to overcome