FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: The Position Description - Administrative Law Legal Blogs Posted by Robert R. McGill - Lawyers.com

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: The Position Description

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to have a good idea of what the position description states — the one which the Federal or Postal applicant occupies, and the one which is reflected in the SF 50 or the PS Form 50, the personnel action form which designates and identifies the official position assigned to the Federal or Postal employee. For, what the Federal or Postal employee does in a job, in real time and in the actual state of the job, may be significantly different from what is described in the position description itself.  One must understand that the U.S. Office of Personnel Management (OPM) — the agency which makes all determinations on Federal Disability Retirement applications — does not have an agent sitting in one’s office, taking notes on the duties which one performs.  Thus, the case worker at OPM who receives and reviews the Federal Disability Retirement application, will come to be informed of the essential duties of a Federal or Postal employee, based upon a "paper presentation" that is set before him or her.  The comparison to be made between the medical condition proven and the essential elements of one’s job, will arise from OPM’s review of what is presented — the position description itself; the statement of one’s job in the Applicant’s Statement of Disability; and other documentation.  In making the comparison, it is ultimately from the position description itself from which one is retired, and if the applicant’s statement includes superfluous assertions otherwise not contained in the position description itself, the discrepancy may well go against the Federal or Postal employee who is filing for Federal Disability Retirement benefits. Fortunately, most position descriptions are fairly generic in nature, and one can imply a variety of duties which are not otherwise specified in an official position description. That is where creative writing and effective presentation comes into play.

Sincerely, Robert R. McGill, Esquire

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to have a good idea of what the position description states — the one which the Federal or Postal applicant occupies, and the one which is reflected in the SF 50 or the PS Form 50, the personnel action form which designates

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Robert R. McGill

Licensed since 1988

Member at firm Robert R. McGill

AWARDS

Champion Badge Platinum

RECENT POSTS

  • FERS OPM Disability Retirement: Confronting Reality
    Posted on September 16, 2019

    When are the times we try and avoid it? Is that the line between sanity and the “darker world”? If we avoid it more than we embrace it, does it constitute a step beyond eccentricity and fall into the category of bizarre behavior? If that were the case, how many of us would meet that ... Read more

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