Federal Disability Reconsiderations & Additional Medical Information

The denial comes in the mail; it is a further delay, a negation of prior efforts; for many, it undermines and constitutes a condemnation of sorts, and a refusal of an affirmation sought in places and from people where none is offered.  It is, after all, another piece of correspondence which negates the negative:  the medical condition itself and the loss of one’s ability to perform one or more of the essential elements of one’s job, represented the first foundation of negation; now, a denial from the U.S. Office of Personnel Management merely confirms, via a second negation, the loss of positive forces inherent in failure and Federal bureaucracies.

But all things in life must be kept in their proper perspective, and a reaction of disproportionate magnitude must be kept in check; life is often a series of mishaps; yes, it just seems that such unfortunate events happen to certain individuals, and as the old adage goes, when it rains, it pours.  Once the initial shock of the denial is withstood, then the trepidation and cautious perusal, followed by an obsessively careful scrutiny, of the reasons for the denial issued by the U.S. Office of Personnel Management, is engaged; but the futility of such efforts will become apparent.

The monotony and disinterested voice behind the volume of verbiage and almost bellicose verbosity becomes more than apparent: either the administrative specialist at the U.S. Office of Personnel Management did not read the medical file or, more likely, selectively chose to extrapolate statements and findings out of context in order to justify the denial of one’s Federal Disability Retirement application.

At this Second Stage of the process of trying to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee is under FERS or CSRS, it matters not what the words say with respect to the denial issued by OPM; the file is immediately transferred to a general, unassigned file, awaiting further instructions from the person to whom the denial has been issued:  if left unanswered, the file will disappear within the cauldrons of bureaucratic warehouses; if a Request for Reconsideration is timely filed, then it will ultimately be assigned to someone in the Reconsideration Division at OPM; but, in either case, it is no longer the responsibility of the OPM representative who issued the denial, and no amount of phone calls, venting or sending of additional information to that person will make a whit of difference, until (a) the Request for Reconsideration is timely filed, and (b) the Federal or Postal employee addresses some of the concerns brought up in the denial itself.

The Reconsideration process itself is fraught with dangers and potential pitfalls; it confirms that perhaps the Federal or Postal employee should have sought the advice, counsel and guidance of an attorney who specializes in Federal Disability Retirement law, but moreover, as most mistakes are correctable, it may be a wise avenue of choice to seek legal assistance, finally.

In any event, time factors must be considered, and the time lost today by extension of a denial, further confirms the oldest adage of all, that being penny wise is to be pound foolish,  a saying that is often attributed to Benjamin Franklin, but can be traced to those earlier.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Stress in the Federal Workplace

Stress is a natural and inherent part of everyday and ordinary life.

For the Federal and Postal employee who is considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one needs to always consider its form, content, extent and significance of inclusion in a Federal Disability Retirement application.

As a primary diagnosis, such an inclusion can be considered as merely “situational“, precisely because stress is a factor seen in workplace contexts across the board. As a secondary manifestation of another primary diagnoses, the danger of having the condition relegated to being a situational condition immediately disappears.

Whether the conceptual construct is used as a noun or as a working verb may appear to be merely a linguistically elastic play — a Wittgensteinian language game of sorts — but it is precisely what must be engaged in for a successful preparation and formulation of a Federal Disability Retirement application.

For, in the end, a Federal Disability Retirement application is a paper presentation to the U.S. Office of Personnel Management, encompassing a wide spectrum of descriptions, arguments and factual/legal analysis; and such is the nature of a language game, where the conversion of nouns into working verbs may be the difference between success or failure in a Federal OPM Disability Retirement claim.

Sincerely,

Robert R. McGill, Esquire

Hostile Work Environment and the Centrality of the Medical Condition in a Governement Employee Retirement Claim

Pithy quotes are replete throughout advisory or “self-help” books; it is a cottage industry involving coming up with linguistically sticky statements, like post-its tacked on to our sleeves in order to remind us of daily living tools to carry.  “Keeping the main thing the main thing” is one such quote, and numerous similar mutations, which remind us that prioritization of concepts, in any endeavor, is important to keep in mind, and to not allow for peripheral concerns to overwhelm and dominate.

For Federal employees and U.S. Postal workers intending on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS, CSRS or CSRS Offset, the centrality of the medical condition should always be paramount, penultimate, and properly placed atop the prioritized priority list of planned penmanship (such early morning alliteration is indeed a challenge).

This is normally not a concern; for, the Federal or Postal employee who files for Federal Disability Retirement benefits, suffers from a medical condition, which is the primary basis for which such a life changing event must be engaged.  But in the course of encountering the adversarial administrative process — of the agency, the supervisor, coworkers, the H.R. Department, and in the end, the U.S. Office of Personnel Management — it is easy to become sidetracked with issues of a hostile work environment, of harassment, increasing disciplinary measures, suspensions, initiation of a PIP, etc., and to forget that the centrality of the medical condition should be the guiding principle and light which drives the engine of success or leads to the drone of failure.

Getting sidetracked with peripheral issues remains the singular and problematic course of careening causal catastrophes; it is, as stated at the outset, the centrality of the medical condition which needs to be placed at the forefront, the mid-section, and the conclusory compendium of all carefully calibrated cases in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Physical and Mental Conditions in Federal OPM Disability Retirement Claims: Ahead of the Proverbial Curve

Trends are often characterized by the actions of a few.  Whether in cultural expectancies via movie moguls, fashion designers, technology innovators and convention-busters, the known so-called leaders who stay ahead of the proverbial “curve” which maintains the continuum of linear stability in a given society, often dictate the direction of an otherwise directionless future.

The ivory tower of academia is another such bastion of proclivities where, if observed carefully, can infer a discernment for future waves to come. The views of sociologists, psychologists, philosophers and economists (to name just a few “ists” within the self-vaunted world of esoteric penumbras; note, however, how the “philosopher” is not termed the “philosophist” — why is that? Perhaps because there was a desired disassociation with sophistry?) preview a trend of forthcoming conundrums impacting a society.

In the pragmatic world in which most of the rest of society inhabits, however, the dualism pronounced (and in many sectors of philosophy, denounced) concerning the bifurcated universe of the cognitive as opposed to the physical, continues to be debated. Dennett, consciousness, Nagel, Scruton, and the continuing debate over whether human consciousness can be reduced through the scientific language-game of mere biological processes, rages on in the ivory towers of conceptual constructs.

In the real world, this debate is reducible to the pragmatic question of whether psychiatric conditions are “as acceptable” as physical manifestations of traumatic conditions. For the Federal employee and the U.S. Postal worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of whether it is “more difficult” to win a Federal Medical Retirement claim from OPM is one which overwhelmingly can be answered in a positive, pro-worker manner: today, fortunately, there is little distinction to be made between psychiatric health problems and physical health problems.

Major Depression, Anxiety, panic attacks, Bipolar Disorder, Autism Spectrum Disorders, suicidal ideations, nervous breakdowns, etc. — all are viable bases upon which to file for Federal Disability Retirement benefits, on a par with physical conditions of chronic pain, cervical and lumbar dysfunctions, shoulder impingement syndrome, Crohn’s Disease, etc.  Descartes’ dualism cannot be found in the world of OPM and in the filing for a Federal Medical claim of disability.

The proverbial curve of societal trends is often determined by those at “the top”; but in the case of acceptance of psychiatric conditions in comparative analysis to physical conditions in the filing for Federal Disability benefits through the U.S. Office of Personnel Management, the trend of acceptance on a par for both was established long ago, probably as a result of the reality of either and both conditions, and the realization by the bureaucracy that however you term the condition, the importance of a Medical Disability Retirement claim finds its essence on the impact of one’s ability or inability to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation in Federal Disability Claims: Directions

The crude form of the proverbial image formulated is:  Up the creek without a paddle, but normally with an epithet inserted.  It portrays a vivid scene of being in a symbolic state, directionless and without a means of guiding or maneuvering.  One is thus subject to the winds of time, the vicissitudes of circumstances beyond one’s control, immediate or otherwise, and where a growing storm of unforeseen proportions and magnitude is coming at a rate of ferocity uncontrollable and unable to be prepared for.

People with medical conditions have that sense of progressive disintegration, where the things that one has worked and strived so hard to achieve, are now in danger of loss and ruination. For the disabled Federal employee or the injured Postal worker who suffers from an accident or other health condition, such that the medical condition is impacting the capacity and ability to perform all of the essential elements of one’s job, the growing fear of being swept aside by slow, insidious and deliberative steps by the agency — of a poor performance review; of initiating a “Performance Improvement Plan“, or a PIP; of threats of separation and termination because of one’s absenteeism and exhaustive use of LWOP; all point towards an inevitable direction which is far from the destination that the Federal or Postal employee wants to arrive at.

Lifeboats are funny things; they may save the life, but without a paddle, one may drift and yet fail to survive for lack of food or water.  Sustenance is the key to a life worthy of living.

For the Federal or Postal employee under FERS or CSRS, when a medical condition begins to threaten one’s employment with the Federal agency or the U.S. Postal Service, it may be time to consider filing for Federal Disability Retirement benefits.  Filed through one’s agency if one is still employed or separated from Federal Service but not for more than thirty one (31) days, the application is ultimately processed through the U.S. Office of Personnel Management for a determination of eligibility and entitlement.  It is a benefit which, in and of itself, provides for a basic annuity such that the sustenance of a livelihood is provided for, in order for the Federal employee or the Postal worker to attend to one’s health, and continue to look to a brighter future in the years ahead.

Thus, in that sense, Federal Disability Retirement is the needed oar for the man or woman in the proverbial boat, stranded up the mythological creek, waiting for the means to direct the drifting dictation of life’s daring demands.

Sincerely,

Robert R. McGill, Esquire

 

OPM Form SF 3112C and the Sufficiency of the Physician’s Statement

Confusing necessity and sufficiency is always a precarious matter. That which is necessary may not be sufficient for a given purpose, and failure in understanding such a fundamental distinction can be fatal to a Federal Disability Retirement claim.

SF 3112C requires that a physician complete and provide essential medical information in the pursuance of a Federal Disability Retirement application. The form itself — SF 3112C — is the vehicle by which the medical documentation is obtained. It is “necessary” in the sense that SF 3112C delineates a guideline of the type of information which is needed in order to become eligible for Federal Disability Retirement benefits.

The form itself — SF 3112C — however, is to a great extent irrelevant (although, the U.S. Office of Personnel Management has recently required that a signed SF 3112C be included in the final Federal Disability Retirement packet, despite SF 3112E clearly stating that an “equivalency” of the form would satisfy the lack thereof, as in the attachment of the medical documentation itself), and it is instead the medical documentation through which SF 3112C is obtained, which is what is important.

Regardless, while the OPM SF 3112C constitutes the vehicle, is necessary, but is ultimately irrelevant in and of itself, it is a necessary form to the extent that it mandates the delineation of what information is required for eligibility and entitlement to Federal Disability Retirement benefits.

Will following the guidelines in accordance with what SF 3112C states, result in a successful OPM Disability claim? That is the question of “sufficiency”, as opposed to “necessity”.

Over the years, case-law and statutory interpretation and expansion of Federal Disability Retirement laws have greatly altered the landscape of a Federal Disability Retirement claim. SF 3112C is the vehicle of necessity, although the form itself is an unnecessary one. The greater question is whether it is sufficient to meet the legal weight of preponderance of the evidence, and that question must ultimately be answered by questioning the efficacy of the form itself.

Sincerely,

Robert R. McGill, Esquire

Informational OPM Forms (SF 3107) versus Specific Content OPM Forms (SF 3112)

Categories are important in order to properly bifurcate, distinguish, identify and comprehend for effective satisfaction and completion. If such differentiated distinctions are not clearly understood, one can easily be lulled into responding to a specific-content question as if it is merely “informational” in nature.

Thus, for the Postal and Federal employee who is formulating responses to Standard Forms for purposes of filing for Federal Disability Retirement benefits, whether the Federal employee or Postal worker is under FERS or CSRS, the sequence of preparing for completion in providing satisfactory answers is important.

OPM form SF 3107 (the “SF” stands for “standard form”) requests basic, factual information data, such as the applicant’s name, address, agency information, marital status, whether and to what extent one wants to elect survivor’s benefits, etc. The accompanying form, Schedules A, B & C, requests further information regarding military service, whether time in the military was bought back, as well as any OWCP claims previously or currently submitted or received, etc.

Then, in preparing, formulating and filing for Federal Disability Retirement benefits, again whether one is under FERS or CSRS, the accompanying SF 3112 series must be completed and filed. One’s mental status and intellectual antenna, however, should immediately be placed on high alert when encountering and engaging the SF 3112 series of OPM forms. For, in this series of Standard Forms (SF 3112A, SF 3112B, SF 3112C, SF 3112D & SF 3112E), the distinguishing features should become immediately self-evident by the very nature of the questions queried. No longer are the forms merely requesting basic information; rather, interpretive considerations must be thoughtfully engaged.

Questions concerning one’s medical conditions; what medical conditions will be considered; whether one can later supplement the listing of medical conditions if further medical developments arise; whether there is room on the form itself for a full description and, if not, can a continuation of the form be attached; the impact upon the essential elements of one’s positional duties; what those essential elements are; and multiple other similar conundrums suddenly become presented, necessitating the switch from mere “information” to one of “specific content” directed by the change in the series of OPM forms from SF 3107 to SF 3112.

Paradigm shifts were made famous by Thomas Kuhn in his historically important work, The Structure of Scientific Revolutions. It is no less important to recognize that a paradigm shift is equally important in completing OPM Disability Retirement forms. While there is no book which guides the Federal or Postal employee, such as, “The Structure of Form-Filling Revolutions”, the identification and recognition that filing for Federal Disability Retirement benefits requires an acuity of mind in filling out OPM forms, is an important step in reaching a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

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