FERS Disability

Last Updated on August 1, 2014 by FERS Disability Attorney

The problem with misnomers is not just the inaccuracy of designation which is either explicitly or implicitly conveyed, but the unintended consequences of the string of reactions and responses which can occur as a result thereof.  Sometimes, interpretive mistakes occur purely on a subjective basis; in which case it is not truly a case of a misnomer, but rather merely the misunderstanding by the recipient of the information.  Other times, a word or designation can be open to multiple meanings, where reasonable people can differ on the inferences to be made.

For Federal and Postal employees who have filed for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Service employee is under FERS or CSRS (such acronyms have specific, esoteric meanings only to Federal or Postal employees, and as such, cannot constitute an objective misnomer, but rather a potentially subjective one), the complexity of the administrative and bureaucratic process can result in the failure to recognize and properly respond to various misnomers throughout the process.

For example, when a Federal Disability Retirement case is assigned to an Administrative Specialist at the U.S. Office of Personnel Management, and one receives a letter informing the Federal or Postal Disability Retirement applicant that X is further needed — the identification of the OPM Representative that he or she is from the “Disability, Reconsideration & Appeals Division” is both confusing and a misnomer.

For, the recipient of the letter (and just to receive any correspondence from OPM other than an approval letter or a denial letter is an amazing fact in and of itself) can well infer from the designation that his or her Federal Disability Retirement application has already been denied without notification (i.e., because it is in the “Reconsideration & Appeals Division”). In fact, all cases fall under the aegis of “Disability, Reconsideration & Appeals” section of the U.S. Office of Personnel Management.

Misnomers may be unintended. It is the recipient and the responder who must, unfortunately, live with the consequences.

Sincerely,

Robert R. McGill, Esquire