Posted on November 03, 2011 in Administrative Law
Making mistakes is part of the entire process of going through life; receiving advice and proper counsel helps to mitigate such mistakes; the distinction between "advice" and "information" is not merely a conceptual difference, but a pragmatic one which impacts one’s actions, thoughts, and application of thoughts to actions. "Going it alone" in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is no longer the only viable option; there is much information "out there" on the internet, and other publication resources are available; but as has been written about previously, there is a conceptual distinction to be made between "information" and "knowledge", where the former is merely a compilation of facts and perspectives upon those facts, whereas the latter is a filtered compendium of the latter based upon experience, reflection, and considered logical analysis. The Federal or Postal employee who is considering filing for Federal Disability Retirement, who encounters the morass of information and hesitates because of the reluctance to engage in an administrative process, complex though it may be, is making a crucial mistake. Most "mistakes" which result in a denial from the Office of Personnel Management in a Federal Disability Retirement application under FERS or CSRS are correctable. Such mistakes, however, must be identified, recognized, and addressed in any subsequent appeal, either at the Reconsideration Stage of the process, or in the appeal to the Merit Systems Protection Board. Reluctance to begin or continue the process of preparing, formulating, and filing a Federal Disability Retirement application with the Office of Personnel Management, because of the potential negation through mistakes, while understandable, should not result in failing to file. The medical condition should be the determinative factor, as well as the quality of life for the Federal or Postal Worker contemplating filing for Federal Disability Retirement benefits under FERS or CSRS.
Sincerely, Robert R. McGill, Esquire
Making mistakes is part of the entire process of going through life; receiving advice and proper counsel helps to mitigate such mistakes; the distinction between "advice" and "information" is not merely a conceptual difference, but a pragmatic