OPM Disability Retirement: Applicant’s Statement & Essential Elements

When an applicant for FERS & CSRS Federal Disability Retirement benefits begins to craft his or her Applicant’s Statement of Disability, certain foundational questions must be considered before composing the historical, emotional, substantive and impact-descriptive narrative.  For instance, to the legal criteria, to be eligible for Federal Disability Retirement Benefits, one must show that one’s medical conditions prevent one from performing one or more of the essential elements of one’s job — the initial and most foundational question obviously is:  What are the “essential elements” of one’s job?

Now, that may seem like a simple — even simplistic — question.  One needs only to look at the official position description and pick out the major factors of the position.

If only it were that easy.  For, there are many “implicit” essential elements which are not explicitly stated, and it is often those unspoken, “un – described” elements, which are directly impacted by one’s medical conditions and disabilities, which must be creatively woven into the narrative of one’s written statement.  Always remember to take care of the “foundational” issues first; thereafter, the narrative can extrapolate from the major factors of the position description.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Service Disability Retirement: Agency Support

Sometimes, the question comes up as to whether or not it is important to have the blessing or support of the Agency or the USPS, when filing for Federal Disability Retirement benefits under FERS or CSRS.

My answer to such a question is fairly uniform and redundant:  this is a medical disability retirement; it is unwise to proceed to apply for Federal Disability Retirement benefits on the assumption that your Supervisor or Agency will be supportive, for there is no guarantee as to what “supportive” means (they may have a completely different understanding or definition of the concept than you do — something which you probably learned over many years of working in the Federal Sector), and further, the primary focus from the perspective of the Office of Personnel Management, is upon the medical evidence presented and how the medical condition impacts one or more of the essential elements of your job.

The Supervisor’s Statement should be minimized in importance and relevance, as much as possible, by ensuring that the rest of the disability retirement application is “excellent”.  By doing this, you neutralize any undue dependence upon an Agency’s alleged “support” of your application.

Sincerely,

Robert R. McGill, Esquire