Medical Retirement for Federal Workers: Correlation, Correspondence & Causation

How we assert and connect disparate facts reveals the extent of one’s understanding of the conceptual distinctions to be made between correlation, correspondence and causation.

Correlation, in its normative usage, refers to the relationship between two or more things, and will often involve statistical dependence between entities.

Correspondence, on the other hand, will entail the agreement of one or more things with one another, or encapsulate similarities and reflective agreement.  Thus, one may discuss Russell’s and Moore’s “correspondence theory of truth“, for instance, where the proposed argument would involve the “agreement” between what one says, and its reflection upon the objective world which it is attempting to describe.

Causality, as a distinctive concept from the other two Cs, involves the sequential occurrence of one event followed by another, where the second event is accepted as a consequence of the first.

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 understand the conceptual distinctions between these words, precisely because the Federal and Postal employee formulating the nexus between one’s medical condition and one’s position description must show the relationship between the two.

Thus, one may argue that a correlation exists between poor performance and one’s medical condition; or one may establish that the corresponding actions on the part of the agency involved references to medical reports and records; or that the position itself caused the exacerbation of the medical condition — although, the latter may be more relevant in a Federal Worker’s Comp case.

In arguing for eligibility for Federal Disability Retirement benefits, use of all of the linguistic tools available will provide a decided advantage; but usage must be preceded by understanding, and understanding must involve the careful analysis of the specialized application of conceptual constructs.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Distances

Somehow, proximity often makes for comfort, and thus do we have a greater sense of security if something is nearby, and distance reflects ties of both emotional and physical detachment.

The U.S. Office of Personnel Management is the Federal agency which determines all issues on Federal Disability Retirement matters.  They are located in Washington, D.C. (with the intake office for the initial acceptance and computer inputting being accomplished first by an office in Boyers, Pennsylvania).

Whether the Federal or Postal employee is working in an office in California, Nevada, Illinois or Virginia; or, perhaps, somewhere overseas in Europe, Japan, etc.; all such applications for Federal Medical Retirement must be forwarded to the U.S. Office of Personnel Management in Washington, D.C.  If the Federal or Postal employee is still with the agency, or has been separated less than 31 days from the agency, then the application for Federal Disability Retirement must first be routed through one’s agency (or, for the Postal employee, through the H.R. Shared Services Center located in Greensboro, North Carolina).

This is a “Federal” matter, not a state issue, and therefore an attorney who specializes in handling Federal Disability Retirement does not need to be an attorney licensed in the state where the Federal or Postal employee resides.

Very few local attorneys specialize in such Federal Administrative matters; as such, it is likely that an attorney who is equipped to handle such matters will be located in a different state, far away, but hopefully close to the source of the matter — near Washington, D.C. , where the issue itself is adjudicated at the administrative level.

While such distance may preclude a face-to-face meeting with the attorney, there are other safeguards which can be noted, to ensure that one’s comfort zone is left intact:  reputation, accessibility, and references.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Early Decisions, Later Consequences

Decisions engaged in early on, reap later consequences which often reflect the choices made in those initial steps.  This is true both in life generally, and in particularized ventures, endeavors and vocations.

That is precisely why we tell our kids to study hard; that the key to success is preparation and practice; that, on performance day, the ease with which the presentation appears reflects the extent of the behind-the-scenes effort which went into the show.

Such admonitions apply to every project we undertake, and it is no less different when one is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, for the Federal and Postal Worker.  The logical sequence of how a person puts together a Federal Disability Retirement application will be reflected both in the final submission, as well as in the results obtained.

Now, there may well be cases which are poorly compiled, yet approved without a glitch; just as there will be cases which are irrefutably argued, yet denied by the Federal Bureaucracy identified as OPM.

However, another adage which is also true, is that “the exception does not make the rule”.

What words are chosen; how the Statement of Disability on SF 3112A is formulated; what medical evidence is presented; which legal arguments are promulgated and highlighted; what collateral issues are preemptively brought up; collectively, they “matter”.

What we do today determines the course of tomorrow; what tomorrow brings, will reflect upon who we are today.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: When It All Becomes Worthwhile

Aristotle’s admonishment of determining too early the virtue and reputation of an individual, can be analogously likened to the state of emotional turmoil we find ourselves in, at any given moment of one’s life.  Happiness is indeed a fleeting state of one’s being; and the history of civilization is one fraught with trembling and fear, with interludes of joyous celebration.

For the Federal and Postal employee contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the administrative process of the actual filing itself, and the patient waiting for months-on-seemingly-unending-months, is merely a continuation of the trials which the Federal and Postal Worker has had to endure within the context of a history of such trials.

We tend to view life’s events in a vacuum, as picture-perfect albums of lives lived in tandem with our selective memories.  And for evolutionary purposes, perhaps that is the only way we could survive; for, to constantly be reminded of the trials would be to relive the morbid traumas of our lives.

The Federal and Postal employee who has come to a point in his or her life such that filing for Federal Disability Retirement is the only viable option left, must then endure the further trial of waiting upon the U.S. Office of Personnel Management to render its decision.

In the end, when an approval is received, the sigh of relief reverberates to tell of the happiness felt in that moment of jubilation; but silent is the suffering which preceded that fleeting snowflake of time as joy floats soundlessly for a frozen frame of time.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Termination

Termination for the Federal or Postal employee should generate an administrative personnel action reflected in an SF 50 or PS Form 50, showing the date of the action, the nature of the issuance and the reason for the administrative process which is initiated and culminated.  Without it, technically no such action occurred.  However, there are cases where such a form has not been produced.

Further, such a personnel initiation is rarely issued in a vacuum; for a Federal employee to be terminated, there are certain procedural hurdles which are normally provided — an issuance first of a proposed termination, and the basis for such a personnel action, and one to which the addressee has a right to respond to within a specified period of days or weeks.  Thereafter, consideration must be given by the Agency in the response, whether verbal, written or both, given by the Federal or Postal employee.

Subsequently, when a termination is effectuated, an SF 50 or a PS Form 50 will be generated.  From that date of termination, the Federal or Postal employee has up to one year to file for disability benefits.

If such filing occurs after 31 days of the official termination date, then the application for Federal Disability Retirement benefits must be submitted directly to the U.S. Office of Personnel Management in Boyers, PA.

If prior to 31 days, it can be processed through one’s former agency — although, such a filing should be carefully monitored, as one’s former agency may not process it with any urgency, and in the event that it is not forwarded to OPM within the other 11 months and some-odd days left, there will be a question as to whether it was timely filed at all.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for U.S. Federal Workers: The Second Bite at the Apple

Rarely in life does one have a second chance; in important matters, an opportunity will often present itself, and depending upon the option chosen, one must live with the consequences of such a choice, or live the remainder of one’s life with grumblings of quiet regret and remorse.

In the legal arena, the process of what the public views as “endless appeals and procedural maneuvers” allows for the litigant to have multiple chances, and not just a “second bite at the apple”, but often a third, fourth…and seemingly infinite opportunities.

For Federal and Postal employees filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there are multiple chances at filing for and obtaining Federal Disability Retirement benefits.  The only obstacle is if the Statute of Limitations has come and gone — the filing deadline of 1 year from the date of separation from Federal Service.  Even that hurdle contains some exceptions — as in a Federal or Postal employee being deemed incompetent by a psychiatrist to file within the timeframe.

For those who have filed and been denied, and for some reason failed to file for Reconsideration or an appeal to the MSPB — you can refile.  For those who filed and were denied at every level — you can refile. Does OPM still keep your previous file?  Yes. Will they review your old file along with the new filing?  Yes.  But if the new filing is stronger and better prepared, you stand the same chance as a Federal or Postal employee who has just submitted an initial application.

Rarely does one get a second bite at the apple; fortunately, under our system of legal procedures, the taste of the fruit is within reach for another time, and often the taste is more satisfying than the first encounter.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Owl, the Chicken, and the Anomaly of Life

In the early morning hours as the peripheral light of the sun reaches the crest of the horizon, the insidious owl glides seamlessly and noiselessly above the tips of tree lines, and upon a slight movement, flutters a wing and swoops down.

In a second, the head of the injured chicken is severed; yet, without the connecting neurotransmitters guiding the body, the headless fowl persists in running, attempting to escape from the prey which has already been encountered.

Thus, civilization develops the adage:  running around like a chicken with its head cut off.  And that often describes the Federal or Postal employee who attempts to desperately put together a Federal Disability Retirement application and submit it to the U.S. Office of Personnel Management.

Dealing with one’s medical conditions is stressful enough; attempting to wind through a Federal bureaucracy and the administrative obstacles of proving and establishing the nexus between one’s medical condition and the essential elements of one’s job, only compounds and complicates the process.

To further the analogy, the question is:  Who represents the owl — the Office of Personnel Management, or the entire Federal bureaucracy?  Or, moreover, while the owl flies away with the head, it is often the scavengers who come and feed upon the rest of the torso.

Sincerely,

Robert R. McGill, Esquire