Federal Disability Retirement Claims: Mental Health, Stress and First Steps

Disquietude is a negation of a former state of being.  Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one’s life measured as a fullness in comparison to what is occurring in the present.

Regardless (as opposed to the nonsensical, double-negative modern vernacular of “irregardless”), to have a sense of disquietude implies of a former time, event, or state which had a greater positive light than the present one.

And it is in this context that the Federal or Postal Worker who begins to contemplate filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is living in California, Florida, Hawaii, Kansas, Minnesota or Texas (have we effectively zig-zagged a sufficiency of states in order to make the point, yet, or perhaps we need to include Arizona, Georgia, Maine, Michigan, North Carolina and Wisconsin in order to make the point), that one must understand the greater bureaucratic involvement which one needs to undertake before engaging the complexity of the process of a Federal Disability Retirement application.

First, it is a Federal issue, and therefore, it will be unlikely that one will find, for example, a Florida Federal Disability attorney, or an Oregon, Kentucky or Louisiana Federal Disability lawyer; for, it matters not whether or not the lawyer lives in, or is licensed in a particular state, precisely because this is a Federal issue, and not a state issue.

Second, Mental Health issues — aside from being a valid and viable basis for a Federal Disability Retirement application — can either stand alone, or be in combination with a physical disability (isn’t it interesting how we bifurcate “mental” as opposed to “physical”, whereas both are part of the same physiological state of a person?).  Sometimes, mental health issues stand alone; other times, they can be concurrent medical conditions, or secondary ones.

Third, stress is a basis for a Mental Disability Retirement claim, although it must be properly and carefully approached because of issues concerning situational disabilities.

And Fourth, how one approaches the first steps in preparing a Federal Disability Retirement application, will often determine the success or failure of the disability case.

Overall, it is the plan itself, the cogency of the approach, and the gathering of the proper documentation, which will determine the efficacy of those first steps, and whether the stress, mental and physical health of one’s being, will be relieved as a result of filing for a Federal Disability claim.

Sincerely,

Robert R. McGill, Esquire

SF 3112

Standard Forms are a necessary part of life. Bureaucracies streamline for efficiency of services; the question of whether such efficiency is for the benefit of an applicant to a Federal agency, or to ease the workload of the agency and its employees, is ultimately a fatuous question: as common parlance would sigh with resignation, “it is what it is”.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition impacts and ultimately prevents one from performing one or more of the essential elements of one’s positional duties, filing an application for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS or CSRS, will be a requirement which will include completing OPM application forms. There will be the SF 3107 series of forms, as well as the SF 3112 forms. Such forms request a tremendous amount of information, both personal and of a very confidential nature.

The justification for requesting such information by the agency which will review such forms (the U.S. Office of Personnel Management in the later stages of a Federal Disability Retirement application, but initially through one’s own agency, including the Human Resource Office of the agency for which the Federal or Postal employee works, as well as the Supervisor of the applicant who is applying for Federal Disability benefits), is based upon a two-folded approach: The applicant who voluntarily applies for Federal Disability benefits is required to provide such information in order to prove eligibility, and such voluntariness justifies the request itself; and, secondly, there is a “need to know” such information in order to properly assess such information, based upon a preponderance of the evidence. Beyond the SF 3107 forms, the SF 3112 forms will ask for detailed information on the most personal of issues: One’s medical conditions and the impact upon employment capabilities and daily living issues; request of the Supervisor information concerning work performance; ask of the agency to assess and evaluate any capability for accommodating a medical condition; and a similar multitude of onerous, prying questions.

Filing for Federal Disability Retirement benefits will require much of the Federal and Postal employee seeking a medical retirement annuity, in the very forms which allegedly “streamline” the process, and these will necessarily include SF 3107 forms and SF 3112 forms. In the end, however, when weighed comparatively against one’s health and the need to move on to a less stressful environment, the price one must pay is relatively cheap when considering the high cost of continuing in the same vein.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for American Federal Government Workers: Timing and Impatience

In the United States, we have come to expect efficiency and effectiveness; that is the nature of our history, and precisely why the prevailing philosophical engine has been that of “pragmatism“.  But countries evolve over time; bureaucracies become burdensome; the character of a nation may slowly, almost imperceptibly, change and alter.  Further, some actions are within the purview of one’s ability to impact; other issues are entirely outside of one’s control.

For the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between those aspects of the administrative and procedural issues which can have some exerted control, and those which are well beyond one’s sphere of influence.  For, the test of one’s patience and growing sense of impatience will often be determined by a recognition of that which can be influenced, and that which has little to no access for such.

Timing issues can often be controlled, as in when to file; but as for the timing of OPM’s determination, that is another matter altogether.

Patience is unfortunately a virtue which is being daily tested by Federal agencies; the practical reverberating impact is upon the individual Federal and Postal employees who are filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management (the Agency that approves and manages Disability Retirement for all Federal Employees in America)  That, too, is something which is historically inevitable — it is the individual who is impacted, while the faceless “agency” goes on about its business.

Sincerely,

Robert R. McGill, Esquire