Federal Employee Disability Retirement: Self-predication

Some people are uncomfortable in doing it; others relish the repetitive self-reference, enjoying the first-person attribution and the incessant pronouncement of the personal pronoun, the centrality of dramatic characterization every time the “I” is inserted; throughout, everyone recognizes that the identification of the “I” can never be fully expunged despite a heightened level of modesty or humility.

There is an artfulness to speaking about one’s self while at the same time making it appear as an objectification of the referential focus.  Talking about oneself; constantly inserting the self-attribution throughout a narrative; dominating every element of a conversation with self referential accolades; these can all be overwhelming, leaving aside the issue of being irritating.  But in some circumstances, such self attribution cannot be avoided.  There are times when we must talk about ourselves, but the manner of how it is done can be the difference between repetitive boredom and referential relevance.

For Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the requirement to prepare, formulate and file one’s Statement of Disability on Standard Form 3112A is something which must accompany every Federal Disability Retirement application. That is where one tells one’s “story” about the medical condition, the impact upon the ability to perform the essential elements of one’s positional duties, and upon other and personal aspects of living.  Of course, self-reference and attribution of the personal pronoun must be used; but it is also a time and place where a prevailing sense of objectivity should be garnered, and where peripheral irrelevancies should be strictly limited and contained.

Concise brevity should guide one; reference to outside sources and medical evidence should be encapsulated; the story of centrality should be about the impact upon the personal “I”; and yet, throughout, the truth of the narrative should come out such that self-predication does not constitute self-promotion with an ulterior motive, but rather, that the universe of living beings has for a brief moment in time, allowed the spotlight of significance upon a singular entity who has dedicated him/herself to the mission of an agency, but where unforeseen circumstances of life beyond one’s control has necessitated the preparation, formulation and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from the U.S. Office of Personnel Management: Concurrent Actions

Idioms often convey an underlying truth recognized and identified by a specific culture or population; they are statements from an experiential aggregation of similitude, based upon a shared set of values.  The phrase, “When it rains, it pours”, is easily a recognizable idiom; that when things go wrong, multiple wrong things tend to occur altogether, all at once.  It is somewhat of a tautology, as when “X is Y, X are Ys”.  But it is in the very pluralization of the outcome which makes the differentiation significant.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, the engagement of the administrative and bureaucratic process of preparing, formulating and filing for FERS Disability Retirement benefits rarely results in a vacuum.

Often (or perhaps one is forced to begin with the prefatory clause, “All too often”), the long and complex history of harassment, complaints, formal complaints, grievances, lawsuits, EEO filings, etc., precede the filing of a Federal Disability Retirement application, thereby complicating one’s Federal Disability Retirement application with much baggage, historical aggregation of enmity and acrimony, and creating a simple set of causal facts into a convoluted compendium of complexities.  All of a sudden, the soft sounds of rain turn into a downpour of ferocious flooding.

In such cases, in formulating one’s Federal Disability Retirement application, it is important to bifurcate the compounded complexities, and to simplify, streamline and segregate.  From the viewpoint of the U.S. Office of Personnel Management, the very agency which receives and decides upon all Federal Disability Retirement applications, the mixing of concurrent actions and issues merely complicates matters.

As we all do, we would prefer to hear the soft patter of rain, and not the thunderous mess of a downpour.  Even the plants in the garden recognize that.

Sincerely,

Robert R. McGill, Esquire

 

Federal Gov. and USPS Disability Retirement: The Story Genre

There is quite obviously a human need to relate the narrative; of one’s community events, tragedies and triumphs; from the days of cave paintings to rote retelling of the group’s identity and character of historical form and content, the telling of one’s story is, and remains, a vital part or any community.

Technology has now replaced the gathering of the group around the community center with emails, tweeting, mediums of blogs; of electronic tablets and voice conveyers; but regardless of form, that sense of need in the “telling” and “listening” remains. The methodology of the “telling”, however, has changed in form and content over the years, as technology has greatly undermined the genre of the human narrative with distractions and diversions beyond the story-form. Our focus and attention, quite frankly, is not what it used to be.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, through the U.S. Office of Personnel Management, part of the preparatory phase of the process is to compile the “telling” of one’s narrative. How effective; how succinct and of manner of logical sequence; how coherent and persuasive; all depend upon the form and content of the genre of the human narrative. Factual foundations aside, it is the penultimate culmination of the telling of one’s story which will form the substantive basis of the administrative process.

It is not only a necessary part of the process of preparing and formulating a Federal Disability Retirement application; it is merely the continuation of satisfying that innate human need — of the “telling” of one’s story.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Narrative & the Audience

Anton Chekhov’s short story, “Grief”, is often accompanied by a subtitle, variously interpreted as, “To whom shall I share my grief?”  It is both about the need inherent in human nature to tell one’s story of grief, as well as the cold, unreceptive world which has no time to hear the story.

As the horse-driven cab picks up various passengers and fares, it becomes clear that the audience to whom the father’s grief must be told, is characterized as unfeeling and uncaring towards a man who has experience a tragedy in life.  It is thus the search for the proper audience — and how the narration must be told, in the right manner, at the proper time, within the appropriate setting.

That is how all stories must be told, including a Federal or Postal Worker’s statement of disability, as formulated on Standard Form 3112A in a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management.  It is with a heightened sense of sensibility that one must put together the narrative form, with a view towards the audience; what facts and minutiae should be included; with a coherent beginning and an appropriate ending; where to begin and when to end; what details should be included, such that it does not divert one’s attention from the centrality of one’s story; all of this, and much more.

Chekhov teaches us much in his writings; how we apply it in our every day lives is left to the reader — his audience.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Experience versus Articulation of the Condition

One of the first rules announced in any elementary creative writing course is for the budding writer to “show” the reader through descriptive sentences, as opposed to “telling” the audience what has happened.  The distinction itself is often difficult to describe; it is like the dividing line between light and darkness — we know it is there, but cannot precisely pinpoint the demarcation line.

Similarly, in law, there is a difference between the “facts of the case” and “proving the case“, and indeed, the difference can encounter major difficulties in overcoming the obstacles presented by the distinction (i.e., it is not the proverbial “difference without a distinction”).  Thus, even though one may have all of the facts in favor of one’s case, unless one can prove them (and overcome legal objections, technical obstacles for inclusion and introduction of such evidence, etc.), such an advantageous position may in the end be meaningless unless the articulation of the facts to the jury can be effectuated.

Analogously, in a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the fact that one may experience a debilitating medical condition is merely the foundational basis of an effective Federal Disability Retirement application.  Beyond the existence of a medical condition, a series of connecting steps must be established:  treatment of the medical condition; articulation of the medical condition by a treating doctor; a nexus between the medical condition and one’s positional duties with the Federal government or the U.S. Postal Service; information conveyed as to the impact between one’s duties and the medical condition, etc.

In other words, while the experiential value of the medical condition forms the foundational basis of a Federal Disability Retirement application, the articulation of that medical condition in a systematically persuasive vehicle of communication is paramount in “proving” one’s case.  Certainly, experience is the beginning point; but beyond that, one must set about to establish the necessary proof in articulating an experience.

In flying on an airplane, one would certainly rather have an experienced pilot than a brash young pilot who has never flown but who can talk a lot; but in a Federal Disability Retirement application, it is the one who has both — the “experience” of a medical condition, as well as the ability to articulate the condition — which will prove one’s case; and in so doing, hopefully the trip forward will result in minimal engine troubles, and fewer bumps in the administrative ride of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Unique Story

This is a world which requires conformity and uniformity; eccentricity is a leisure which few can afford, and as the world operates on a factory-like assembly line, where productivity is the measure of one’s worth, so the uniqueness of a story gets lost in the fading echoes of a scream one hears in a solitary cave, where the sound of one’s cry reverberates deep into the chasm of darkness and the silent quiescence of water dripping upon a moss-covered granite surface.  That is why the poignancy of Chekhov’s story about an old man’s grief and his need to tell his story of the death of his son, resonates with us.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to strike the proper and delicate balance between recognizing the “uniqueness” of one’s case, and the pragmatic acknowledgement of the bureaucratic need of the Federal Agency (both one’s own as well as the U.S. Office of Personnel Management) to have a conformity of one’s story.

Yes, some history and background can be told in the Applicant’s Statement of Disability (although one must be careful in avoiding the pitfalls of ‘situational disability‘ and other issues); yes, one can provide some additional details of one’s ‘story’; but, ultimately, the issue which must be addressed is the legal one:  the essence of the case remains the same throughout.  Throughout, always prepare the Federal Disability Retirement case to conform to the law.

One’s story is unique; the uniqueness must be conformed to a standard of legal proof in order to meet the requirements of Federal Disability Retirement law; once told and conformed, you can still go out and relate your story to those who have a willing ear.

Sincerely,

Robert R. McGill, Esquire