Federal Disability Retirement: The Logical Beginning Point

The consequences of information overload is that many people no longer have the cognitive capacity to make proper decisions concerning logical beginning points.  Studies have been made, with varying results, but with some indicating that the constant barrage of technological over-exposure results in stunting of that part of the brain which is generally used for making affirmative decisions.

While multi-colored MRI scans make for interesting visual commentary, from a scientific viewpoint, all that can properly be stated is some loose correspondence between certain areas of the brain and a level of activity or inactivity which can be correlated.  Regardless, it would seem logical to assume that too much of anything can negatively impact the capacity of the individual to competently engage in other activities.  Application of energy in one sector will necessarily take away the requisite capacity of engagement in another.

For the Federal or Postal employee who is suffering from a medical condition, and who is also subject to the identical volume of information overload, one may posit that life-changing decisions to be made would be exponentially exacerbated with difficulties of the fundamental nature:  “Where do I begin?”

The beginning points in preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management are important first steps; what consequential impact such beginning points may have upon the ultimate outcome of a case will determine the future destiny of the Federal or Postal employee.

With such important issues on the line, it may well be prudent to consult with someone “in the know”, and not let the arbitrary winds of change dictate the future course and destiny of one’s life.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Detracting Deviations

Multi-tasking is a glorified term for describing an ability to competently engage and perform more than one task at a time.  It was once encapsulated in the query:  “Can he walk and chew gum at the same time”?

In the modern age of technology, it has become accepted as a given that such variations of task-tackling is a necessity and conveys evidence of competence.  For, in a world beset with smart phones, computers, laptops, iPads, etc., where the implosion and delivery of information at an instant’s request and access through the push of a button is commonplace, the capacity to respond quickly and sufficiently are considered marks of competent survivability in today’s world.  But there is a growing body of medical evidence that undisciplined response to texting and other forms of technological communication stunts that part of the brain activity which is essential for judgment, focus, attention-span, etc.  The ability to stay focused and not deviate from a singular course of action is also an important tool — even in this day of multi-tasking necessity.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is a necessary component in compiling a successful disability retirement application, to convey an effective case of proving, by a preponderance of the evidence, that nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s job.

Undisciplined deviation may accomplish a thousand tasks, but if the primary pipeline bursts because a main line was overlooked, such deviation from the primary purpose will have been for nothing.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Misinformation

The problem with a society which provides unlimited information is that the traditional controls and mechanisms known for verification and validation of accuracy become diluted or altogether abandoned.  Plagiarism has become a pervasive problem; as vastness of information exponentially explodes, so the chances of being identified for unauthorized copying becomes infinitely lesser, while those who “play the odds” increase in boldness and in sheer volume.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is a procedural requirement that — sometime during the process of filing with the Office of Personnel Management (OPM) — the Federal or Postal employee must show that he or she has filed for Social Security Disability Insurance (SSDI) with the Social Security Administration.  But it is the “when” which have become enveloped within a convoluted complexity of misinformation.

Various Human Resource Offices are insisting (in error) that SSDI must be filed before an application to OPM can be submitted.  Such misinformation may preclude a Federal or Postal employee contemplating filing for Federal Disability Retirement to meet the 1-year Statute of Limitations in filing for Federal Disability Retirement benefits (after separation from Federal Service), or for other Federal or Postal employees who are still employed, if only because the process of SSDI can be an equally, if not more so, of a daunting administrative process as filing for Federal Disability Retirement.  Further, in attempting to file online for SSDI, there is the question as to whether one is still employed, and if so, SSDI will not allow the online applicant to proceed any further, precisely because such an applicant would be immediately disqualified, anyway.

The fact and correct information is as follows:  At some point in the process of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the Federal or Postal employee needs to file for SSDI, and show OPM proof of such filing.  From OPM’s perspective, upon an approval of a Federal Disability Retirement application, they need to make sure that the Federal or Postal Retirement annuitant is or is not eligible for SSDI, for offset-provisions of benefits between SSDI and FERS.  Thus, it is ultimately merely a payment/compensation issue.  Filing for SSDI is not in reality a prerequisite for filing for Federal Disability Retirement benefits, but merely a check upon a coordination of payment benefits if both are approved.

In this vast universe of information, one must expect a correlative dissemination of misinformation; like the black hole in the greater universe of thriving galaxies and dying planetary systems, one can be sucked into the void of ignorance and suffer irreparable consequences as a result.  That is why Captain Kirk needed to be periodically beamed up — if only to make sure that the molecular reconstitution was properly performed in order to continue on in life.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Verification Process

The process for verifying information is a procedural matter which is applied with a systematic methodology.  Verification is essentially a comparative analysis — comparing what is said in one sector of information, with claims made in another.  Consistency of information and claims is therefore what is crucial.  This general overview is applicable in nearly all areas — of law, of marketing, of scholarly endeavors, etc.  

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to maintain a consistency of claims and assertions.  Thus, there should be a logical and sequential order in the approach of putting together a Federal Disability Retirement application.  What is so surprising is how many Federal and Postal employees filing for Federal Disability Retirement benefits will prepare and submit an Applicant’s Statement of Disability independent of a written medical report from one’s treating doctor.  

Assumptions and presumptions should be avoided at all costs (yes, and the cost of assuming or presuming can be high, indeed, with the consequence of a denial from OPM).  Of course, consistency and verification of information is applicable not only in the preparation of a Federal Disability Retirement application — the same methodology of verification should be applied as to claims by those who represent Federal and Postal employees.  

There is a lot of information “out there”, but whether and to what extent such information is accurate, useable, or even relevant, is a question to be asked and answered by the Federal or Postal employee preparing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Purpose of Standard Forms

Standard Forms represent the Federal Government’s attempt to streamline and create efficiency.  For FERS & CSRS employees who are seeking to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, a compilation of Standard Government Forms will have to be completed.  

Obviously, this will not be a surprise to the Federal or Postal employee, inasmuch as such an encounter with the requirement of completing Standard Forms is a necessary evil during the course of any Federal or Postal career.  However, the difference in the case of filling out the Standard Forms for purposes of applying for Federal Disability Retirement may be encapsulated in a cautionary remark:  it is not just “information” which the Office of Personnel Management is seeking; it is also a particular kind of “proof” which, if not met, will result in a denial of a Federal Disability Retirement application.  

Thus, while SF 3107, and Schedules A, B & C (for FERS employees), and SF 2801 and Schedules A, B & C (for CSRS employees) may be the vehicles for providing basic personal information (e.g., name, address, agency for whom one works, etc.); it is the second series of SF Forms — 3112A, 3112B, 3112C & 3112D which seek to obtain information directly relevant to “proving”, by a preponderance of the evidence, one’s Federal Disability Retirement application.  

Remember the old cop-shows, where the officer says, “You have the right to remain silent, but anything you say may and will be used against you“?  The SF 3112 series should take that precautionary statement to heart.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Sources and Information

George Orwell’s classic work, 1984, depicts a society in which the gradual, systematic reduction of words, and therefore the availability of the use of words, is deliberately restricted and expunged from the universe of vocabulary.  Such reduction is performed through the issuance of the official dictionary, which comprises the totality of acceptability of language in his fictionalized society.

As words and the compendium of words comprise conceptual thought; as conceptual thought form to create ideas in a universe of human consciousness; and as rebellion is acted upon through the prefatory coordination of thought, so the stamping out of rebellious-driven words is the first step towards total control of man.

Orwell’s approach is interesting, but not the only way in which to control the populace.  The inverse approach is also as effective, if not more so: inundation of information can also paralyze a population from effective action.  In the real society of our age, the vast expanse of information has become the problem, not the lack thereof.

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between information which is third or fourth hand (as in, “I was told that…” or, “A friend of mine said…”), and information which is accurate and of a reliable nature.  Further, each case is different and unique, and stories about what X did, or the fact that Y was told that a Federal or Postal Worker got Z, should ultimately be discounted.

Vast information in and of itself is worthless unless it is guided by truth, objectivity, and relevance.  Be aware of the unfettered information “out there”, for the source of information is just as important as the accuracy of such information.  In preparing, formulating and filing for Federal Disability Retirement benefits, the Federal and Postal employee must always be cautious of the source of any and all information.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Understanding & Application

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to both “understand” the administrative process — the compendium of the entirety of the process and procedures itself, including the relevant statutory and case-law criteria which is relied upon, the methodological approach of the Office of Personnel Management, etc. — as well as have the ability to apply such knowledge in an effective manner.  The former constitutes the preparation:  i.e., the study of one’s enemy is necessary in the ultimate prevailing of an endeavor.  The latter — the application of such obtained and accrued knowledge — is the initiation of the former.

The distinction between the two, and the effective use of both, is important in reaching a successful conclusion to the whole point of the process.  Understanding of a subject, person, group, entity, or Federal Agency, is important in the initial, preparatory stages of the administrative process, and as there is much information “out there”, one ultimately has little excuse in not taking the time to reading, self-informing, and compiling the available facts and informative advice provided.  The chasm between understanding and “application”, however, is one which differentiates between knowledge and wisdom; and it is the latter which one is attempting to achieve.  Once the information is compiled, the key is to apply it in an effective, impacting manner.

The difference is likened to the person who has read upon on how to fly an airplane (i.e., the language game may be memorized), but would you ever step onto a plane being flown by a pilot who has never flown previously, but who assures you that he has studied all available resources?

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Simplicity

Simplicity is both a process and a goal; it is that which defines ease of action, minimization of effort, and beauty in its foundational form.  Simplicity implies quietude of form, and reduction to substance and essence.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always best, most effective, and of the optimal benefit, to approach the formulation with a focus upon simplicity of formulation.

One can become embroiled in the morass of the procedural and administration complexities.  As information is declared to be “power”, and as there is an infinite and exponential explosion of information these days, so one proceeds in life on the assumption that the more information one acquires, the more powerful the outcome.  Such logical absurdity, however, overlooks the tool of discretion — for “information” in and of itself is a neutral, valueless commodity; the selective plucking and application of such information is what becomes powerful.  But how can one select the proper information before one has gained a knowledge of a subject?  That is the conundrum.

Ultimately, in preparing a Federal Disability Retirement application, the Federal or Postal employee is wise to stick to three basic principles:  Focus upon the medical condition; focus upon the essential elements of the positional description; make sure that the nexus between the former two is established without contradiction.

The rest of the complexities of the process should be left to those who are more knowledgeable.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Privacy, Social Media and Detracting Information

In the modern age of social media, where information on what previously was considered “private” details of personal and family life is widely disseminated, freely provided, and affirmatively shared, such publicly declared information can be accessed by private, public, and government entities.  

A Federal or Postal worker who is preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, should take care that publicly disseminated information does not contradict the assertions and statements made on an application for Federal Disability Retirement benefits.  While the Office of Personnel Management does not systematically engage in researching information on an applicant displayed in the social media forum; nevertheless, it is certainly “fair game” to obtain such information.  

The problem with social media information posted and freely provided by individuals, including Federal and Postal Workers, is that there may be absolutely no connection between the reality and accuracy of the information posted, and the truth of the individual revealing and posting such information.  

Anonymity, having a different identity — acting like a different person from the true “you” is an easy thing to do on the internet.  But if a wide disparity becomes evident between what one asserts in one arena from what is stated in an official government form under penalty of perjury, there may come a day when one is asked to explain the discrepancy.  

Just a thought, for those Federal and Postal employees who are preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Information in the Public Domain

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, there is a quantity of information which exists in the “public domain”.  Just as in the areas of social, professional and (unfortunately) personal lives, information on issues, people, concepts, etc., are plentiful, so similarly the legal arena has exploded with unending and expansive admixtures of facts, opinions and information.  That is the nature of this “information age“.  

Quantity of information, however, is not an indicator of the quality of such information.  Further, quality of information does not necessarily result in knowledge.  Knowledge is conceptually distinct from information.  The former encapsulates the application and effective usage of the former, while the former remains a vacuity of existence until it is formed and utilized.  

Proving one’s eligibility for Federal Disability Retirement benefits under FERS or CSRS requires both knowledge and information.  For, ultimately, it is the effectiveness of the formulated application, one which persuades and meets the legal criteria at the Office of Personnel Management, which is what matters.  As such, it is important to first reach out for qualitative information, then to seek out a Federal Disability Attorney who has effectively applied such information for his or her clients.  

In the search for information, always ask questions, for questioning should always lead the comfort of mind that the source of the answers will provide an effective use of information, both in quantity and in quality.

Sincerely,

Robert R. McGill, Esquire