Posted on October 19, 2011 in Administrative Law
It is often asked why filing for Federal Disability Retirement under FERS or CSRS is more complex, and therefor often more difficult to obtain, than (for example) Social Security Disability, or even Federal Worker’s Comp. The simple answer is that one cannot compare apples and oranges (to quote an oft-used metaphor), but the greater inherent complexity of answering such a question involves more space than can be allotted here. Social Security Disability, of course, has a higher standard of eligibility. In abbreviated explanation, this means that one must essentially be "totally disabled" in order to qualify for Social Security Disability, as opposed to the "lower" legal standard of being "unable to perform one or more of the essential elements of one’s job". Thus, Social Security Disability cuts a wider swathe, and is generally considered to require a more onerous standard, and the resulting benefit reflects that — by allowing for restrictive ability to earn outside income, etc. Worker’s Comp (OWCP, FECA/Department of Labor) is also complex in its own way, precisely because it requires a showing of occupational connection, or that the injury or medical condition was "on the job" or somehow caused by the job, the workplace, etc. Then, its reliance upon percentage of disability, and the fact that it is not a retirement system, but a temporary mode of compensation in attempting to return the Federal or Postal Worker back to work, further contains multiple complex issues. Often, when a law attempts to particularize a benefit — as in Federal Disability Retirement — by focusing narrowly upon an issue (e.g., being unable to perform one or more of the essential elements of one’s particular kind of job, or any similar job), such a narrow focus creates an inherent complexity all on its own. Complexity of an issue requires a careful and studied approach; to conquer an issue, it is important to expend a great amount of time reflecting upon and scrutinizing the issue. It is only upon understanding an issue thoroughly that the complexity begins to unravel; and only then can one begin to proceed to prepare, formulate and file for Federal Disability Retirement benefits under FERS or CSRS.
Sincerely, Robert R. McGill, Esquire
It is often asked why filing for Federal Disability Retirement under FERS or CSRS is more complex, and therefor often more difficult to obtain, than (for example) Social Security Disability, or even Federal Worker’s Comp. The simple answer is