Federal Employee Medical Retirement: Fear & Darkness

The veil of darkness provides a contrast; for the predator, it allows for an advantage in stalking its prey; for the prey, the shimmering shadows reverberate of the unknown, but still, if one remains calm and quiet, an equality of disadvantage is allowed for, in that the predator must maneuver through the identical lack of visual acuity as they prey.

The singular equalizer for both predator and prey, in the calm shadows of darkness, is fear.  For the former, waiting and hoping that fear will flush out its prey by making a noise or venturing out thinking that a different location will provide for a safer haven; for the latter, it is the extent of one’s imagination which often leads to defeat; of fear instilled and mixed with images of what may happen, what could be out there, and where will it all end?

Why nightfall stirs the deep recesses of one’s imagination is a mystery; and even in the midst of civilized society, in the safety of one’s home, as one attempts to turn to the refuge of sleep for restorative relief, it is often then that thoughts of fear pervade in the dark of night, and in the void of one’s mind.  Such fear reaches back to the days of primitive life, and is complicated by the unknown.

For the Federal and Postal Worker who suffers from a medical condition, such that the medical condition begins to impact one’s job performance; and where supervisors and agencies have been stirred to initiate adverse actions or discussions have already occurred of such dealings, it is often those primitive chasms from times past, of fear of the unknown, which must be countered with systematic and pragmatic steps to secure one’s future.

Man, in his essence, has not changed much over time; those in power still act as predators, and prey upon the scent of weakness.

Federal and Postal workers who suffer from medical conditions may need to file for Federal Disability Retirement benefits, whether one is under FERS or CSRS, in order to escape the predatory practices of one’s agency.  Ultimately, the modern equivalent of the veil of darkness is ignorance, and in this case, not knowing the law and one’s rights is often the greatest harm suffered by Federal and Postal employees; and the modern equivalent of fear?  It is still the stepping into the unknown.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Runt of the Litter

It is interesting watching the behavior and interaction between the runt of a litter and the rest of the “healthy” puppies.  The runt is cast aside; the others, for no apparent reason other than because he is a runt, will focus upon the weakling and mercilessly attack him and take advantage of the vulnerabilities and weak spots.  For the runt’s part, it is a test of endurance and survival, and perhaps it is the very isolation and aggressiveness from others which tests the prospects for survival.

We humans like to think of ourselves as (to paraphrase Shakespeare), far above such animalistic behavior, and closer to the angels of heaven in our demeanor and virtues.  But in engaging the process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, from the U.S. Office of Personnel Management, it is clear that we are not far from the “runt-behavior” and the target of Federal agencies and the U.S. Postal Service.

Loyalty and camaraderie prevails on the surface so long as everyone is healthy; once a medical condition is revealed, the behavior of the aggressors manifests to the forefront.  Agencies comprise a collective and organic whole in their behavior and treatment of employees who exhibit a medical condition requiring the filing of a Federal Disability Retirement application.  Once the medical condition becomes apparent, and begins to impact one’s ability/inability to perform the essential elements of one’s job, the test of survival begins.  Empathy, a somewhat human quality, rarely prevails; and laws and rights must be invoked.

Think about it this way:  Do angels need laws to regulate their behavior?  Yet, human beings must have laws, and a vast abundance of them in order to ensure the protection of disabled individuals.  FERS & CSRS Disability Retirement is fortunately a compensatory system which provides some protection for Federal and Postal employees; and it is a system based upon laws — ones which are necessary to protect the runts of the world.

Far from being angels, we are closer than we think to the pack of dogs who wait patiently to see who the next runt is, and which one can be attacked.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Agencies & SF 3112C

Agencies have an amazing ability to be inquisitive, especially into those areas which really do not concern them.  Often, Agencies will insist that, despite all of the relevant, pertinent, and desired medical documentation already having been attached to a Federal Disability Retirement application under FERS or CSRS, the applicant/Federal employee “must” sign the Standard Form 3112C (“Physician’s Statement) , which becomes superfluous and irrelevant.  They insist that the Office of Personnel Management (OPM) “requires” the form, which is an erroneous statement.  OPM has never required a signed SF 3112C so long as the Federal Disability Retirement application is accompanied by sufficient medical documentation to support the application.  Sometimes, the insistence by the Agency is merely based upon ignorance; other times, it is based upon an administrative and bureaucratic inflexibility to longstanding “procedures” which the Human Resources personnel cannot adapt to, or change, because “this is the way we’ve been doing it for X number of years”.  Still, there is a suspicion that in some instances, the “requirement” of SF 3112C is because of a more nefarious reason:  The Agency wants full access to all medical records, notes, treatment notes, etc.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Agency's Power

I hear it in both the content of the question and the anxiousness in the voice of a potential client seeking representation to obtain Federal Disability Retirement benefits under FERS or CSRS:  Can the agency influence the application negatively?  Can they terminate me upon learning that I am seeking disability retirement?  Can they stop me from using my sick leave?  The power of the Federal Agency can be overwhelming, but there are limits as to what “influence” they can have over a Federal Disability Retirement application. 

Ultimately, good or bad, the Office of Personnel Management is the agency which makes the determination on an approval for all disability retirement applications, and as I have written in many articles in the past, the best way to “neutralize” the power of an agency is to prepare the medical aspect of the Federal Disability Retirement application in an excellent manner.  This is done, first and foremost, by garnering the support of the treating doctor, gathering the best medical evidence possible, etc.  Other actions of the agency — of attempting to place you on AWOL, or filing an adverse action during the process, can normally be stopped by an attorney experienced in Federal Disability Retirement laws.  Disability Retirement under FERS or CSRS is not just a matter of filling out forms; it is a matter of securing the future.

Sincerely,

Robert R. McGill, Esquire