OPM Disability Application Forms: SF 3112A and the Pathway through the Bureaucracy

Bureaucracy and creativity are conceptual opposites, rarely spoken in the same sentence, and never compatible, representing always a contrast in self-contradictory terms. For, it is the former which implies the negation of the latter, or the stamping out of any hint of the former’s influence upon the latter.  Bureaucracy refers to the mundane, of repetitive standardization and compliance with mediocrity; whereas the latter embraces the unconventional and the need to push the boundaries of acceptable norms.

When the two meet, it generally means a clash of sorts, and the encounter can rarely accommodate one another.  Further, one assumes that factual implantations implicate negation of creative allowances; and so one responds accordingly when voluntarily engaging in a bureaucratic process.

Standard Forms tend to prove the point.  The limited space presented; the manner of the questions posed; the real-world questions requested to be answered; all tend towards negation of any creative inclination. But creativity can imply something beyond mere fictional attestation. Rather, it can be the compiling of a response, but with words and choice of adjectives which enhance and enliven. Coherency and cogency are in themselves creative repositories, and placed within the confines of strictures of a bureaucracy, can awaken the souls of clerks and administrative specialists who pride themselves on the efficiency of mechanical laborings.

The Applicant’s Statement of Disability OPM SF 3112A, where the Federal or Postal employee who is filing for Federal Disability Retirement benefits, asks specific questions concerning one’s disability or medical condition, and its impact upon one’s ability or inability to perform the essential elements of one’s Federal or Postal position, as well as the impact upon one’s personal life and capacity for daily living. SF 3112A is, in many ways, the key and pathway through the passageway of the greater bureaucracy.

Whether the Federal employee or the Postal worker conforms to the Standard Form 3112 itself, is the question of how one approaches success or failure.  While the questions posed may seem straightforward, the creativity behind the questions reveal a silence muted by the complexity of the statutory history, the background of multiple case-law opinions and Merit Systems Protection Board findings, which have over the years expanded upon and creatively interpreted the limits of each query posed.

SF 3112A, for the Federal employee or Postal worker who is making a Federal Disability Retirement claim, is the pathway of creativity through the bureaucracy of the benefit known as Federal Disability Retirement. It is where the meeting, or the clash, between bureaucracy and creativity occurs.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Orchestration

The quality of a piece of music is defined by sound and silence.  It is the former which is focused upon by most individuals; it is the importance of the latter which is ignored, precisely because the negation of X is never recognized as X until and unless its existence is suddenly lacking.  Silence — that momentary pause which allows for sound to pass by in waves of sonorous beauty — is the untouched beach combed by the lapping waves of quietude.

The orchestration of combining each entrance of every instrument, at the precise moment, preceded by pauses of silence, and tapped by the conductor with precision and sensitivity, is the core of a brilliant musical performance. But orchestration embraces such beauty of composition in all walks of life — from the predator silently creeping to pounce upon its prey in the footprints upon grounds which give way with a flicker of silence or sound, allowing for alerting the victim or not; to the composition of a breathtaking novel in coordinating characters, scenes and descriptive metaphors; the ability to coordinate the complexity of singularities into a cohesive whole is the art of orchestration.

And so it is in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS. Federal Disability Retirement may seem to be a purely administrative endeavor which has no connection to the beauty of musical orchestration; but it is in the cohesive adherence of law, statement of facts, and procedural preparedness, that the invisible thread of creativity must come to the fore.

One’s Statement of Disability, standing without the law, is insufficient; the argument of the law, without the medical foundation prepared, is merely a hollow voice of reason; and the lack of creating a bridge between one’s medical condition and the positional requirements and essential elements of one’s job, leaves an abandoned castle surrounded by a dangerous moat.

Metaphor is a key to understanding complexities of life; for the Federal and Postal Worker who needs to file for Federal Disability Retirement benefits under FERS or CSRS through OPM, the orchestration of life’s complexities may require a conductor who guides the instruments toward a successful outcome in the preparation, formulating and filing of a Federal Disability Retirement application, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

Identifying the Right Bridge to Reach Your Destination: Federal Employee Disability Retirement

When considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, the natural inclination is to ask the seemingly primary question of: Does medical condition-X qualify as a disability? But such a question is in actuality secondary; it is the reverse-order and counterintuitive process which is often confusing for the Federal and Postal Worker who is contemplating filing for Federal Disability Retirement benefits.

The primary question, making the previously-stated questions secondary, is to ask: Does medical condition-X prevent one from performing one or more of the essential elements of one’s job?  By inverting the primary-secondary sequence, one can then attain a better level of understanding as to the administrative process of filing for Federal Disability Retirement benefits.  Further, such a switch in sequence of questions-to-answers allows for an important paradigm shift.  For, in the very asking of the proper question, one can reach a level of understanding to such a stage of comprehension that the question almost answers itself.

Medical conditions in and of themselves do not necessarily qualify the Federal or Postal Worker who is otherwise age or service-eligible for Federal Disability Retirement benefits; it is the nexus which must be established between one’s position and the medical conditions one suffers from.  It is the crossing of that bridge which will reveal the extent of success or failure in attempting to go down this path; but first, the Federal or Postal Worker must correctly identify which bridge to cross, before even starting the long and arduous trek of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Necessary Connections

Necessity is determined by how one defines and confines the parameters required to reach the requisite conclusion; if the criteria governing the roadmap to a successful outcome is replete with heightened qualitative specifications, greater care and effort may be mandated; conversely, if a looser, more informal measure is imposed, the tendency is to respond accordingly.

But what determines the response — outside influences, or one’s own standard of excellence? In Hume’s argument concerning causality, of course, the prerequisites defined were instituted at the outset to defeat the argument for causality; by setting up the requirement of what constitutes a “necessary connection” in order to establish a causal connection, he allowed for no amount of evidence which would satisfy his rule; thus, it was already a self-contained tautology from the outset.

For preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, the question becomes: Does the medical condition itself determine the extent of groundwork necessary for a successful approval from the U.S. Office of Personnel Management, or should the identical set of stringent prerequisites be satisfied regardless of the seriousness of the medical condition?  The obvious answer, of course, should always ascribe to the latter, as acceptance of the former entails potential pitfalls which may result in lost time and unnecessary efforts expended for satisfaction of additional stages in the administrative process.

Necessary connections in a Federal Disability Retirement application must be proven and established at all levels; for, as the age-old adage reminds us, it is the weakest link in the chain of arguments which will ultimately defeat the entire structure of an otherwise solid case.

It is the U.S. Office of Personnel Management, through statutory impositions and regulatory requirements, which has “pre-set” the necessary connections to be made in proving eligibility for Federal Disability Retirement benefits; it is up to the applicant (you) to make sure that all such causal connections are established, proven, confirmed and supported, in order to ensure the best chances for success in an administrative process fraught with human frailties and foibles.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Pre-planned Life

Planning is part of our culture; from birth, to plan for old age; from the first entrance into a career, to consider the options for retirement funding; from the days of schooling, to determine the course of one’s career; and multiple intermediate pre-planning considerations, often mundane in nature, such as what to eat for dinner, how many children to have, where to live, etc.  Whether animals plan for the day, and to what extent, may be debated; what cannot be disputed is the extent and complexity in comparison to the pre-planning engaged in by Man.

But life rarely follows along the neat and uninterrupted course of a plan determined days, months or years prior; instead, the hiccups of life are what make for interesting interludes of unexpected turns and twists.  The proverbial nest egg may not have developed as quickly; one’s expectations of career goals may not have blossomed; a child may have come unplanned; or a lost puppy may have appeared at one’s doorstep.

Medical conditions are somewhat like those interruptions of interludes; they may not be as pleasant as some other hiccups, but they are realities which people have to deal with.

For Federal and Postal employees who find themselves in a situation where medical conditions prevent them from performing one or more of the essential elements of one’s job, it is important to undertake two preliminary steps:  An assessment of the medical condition and whether it is likely to resolve within a year or less; if not, to investigate and become informed about Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

One of the elements which must be shown is that one’s medical condition will last a minimum of 12 months.  This can normally be easily accomplished by a doctor who can provide a prognosis fairly early on in the process.

And perhaps a third step:  A recognition that lives rarely travel along a pre-planned route, no matter what you were taught to believe, and more than that, that the value of one’s life should not be reflected by veering into the unknown.

Sincerely,

Robert R. McGill, Esquire