The Balance of Relevance during the Preparation and Filing of an OPM Disability Retirement Application

Extraneous information is somewhat determined by the eye of the beholder; outsiders tend to view things differently from those who hold greater and more intimate knowledge through interconnected and intersecting relationships; and implied understandings, furtive glances and knowing stares, coupled with a wan smile, are often indicative of an intramural web of knowledge.

Looking to move into a neighborhood, one may drive through an area and see the pristine cut of well-manicured lawns, but it says nothing about the inner workings of friendliness or neighborly misgivings.  What we consider as relevant information in order to make a proper decision, is determined by the goal which is sought, and the means which must be employed to direct that purposive end.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition determines the necessity of filing for Fed OPM Disability Retirement benefits through the U.S. Office of Personnel Management, the need to compile the compendium of relevant information, while including factual context and peripheral issues, must be evaluated and analyzed from the perspective of the “other” — the administrative specialist who will be reviewing the Federal Disability Retirement application at the U.S. Office of Personnel Management.

In any form of writing, there must always be a striking of a proper balance between information which constitutes the essence and core of a compilation, and the necessary contextual background which provides the guiding light of a directed narrative.  But some information, far from being mere extraneous narration, can actually undermine one’s stated goal.

Just as letters of bygone days and emails in modernity should never be sent in a fit of anger, so the temperament of retribution should be controlled in preparing, formulating and filing for Federal Disability benefits through OPM, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset.

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

 

Postal and Federal Disability Retirement: Searching for the Proper Balance

Herbal tinctures have become popular in recent times, as primary reliance upon pharmacological solutions characterized by the paradigm of traditional medicine has resulted in explosions of naturopathic alternatives.  But the proper balance and admixture of alcohol with the substantive extracts from medicinal plants is important in arriving at an effective solution; too much alcohol will merely result in having a potion without efficacy; too little, and the bitter taste will invite gastrointestinal convulsions.

It is always the search for the proper balance for everything in life which one seeks, and preparing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management (routed via one’s agency personnel office if the Federal employee or Postal worker has not been separated for more than 31 days), and whether the Federal or Postal employee is under FERS or CSRS, is no different.

Whether it is the medical documentation attached — the extent of detail, the volume of records, the content of history and surgical procedures, how far back, etc. — or one’s Statement of Disability as narrated on SF 3112A, the roadmap which one provides to the U.S. Office of Personnel Management is important in presentation for ease of readership, clarity of direction, and convenience of content-viewing by the Legal Administrative Specialist who will be reviewing, analyzing and evaluating the proper balance of one’s Federal Disability Retirement application.

Then, of course, there is the problem of what happens if a Federal OPM Disability Retirement application is denied at the First Stage of the process; for, it becomes all the more crucial to rebut, reply and reinvigorate one’s OPM Disability Retirement application with all of the admixture of legal tinctures, somewhat like the witch doctor who tries different potions and knows which elements will result in a fiery brew of healthy, bittersweet taste of success.

Sincerely,

Robert R. McGill, Esquire

 

Federal Gov. and USPS Disability Retirement: Causes

They can involve actions which result in intended results, or otherwise unintended consequences; or, used in a different way, it may involve a belief or principle, deeply held and fervently committed to, as the impetus and foundation for social or political action.  Focus upon “the cause” can be taken to mean a number of things; as in, “Does it benefit the cause?” or, “What was the cause of X?” Used in the former sense, it can lead to blind loyalty to the detriment of one’s own well-being; in the latter, undue focus upon the origin of X can lead one astray, as well.

For the Federal or Postal employee who suffers from a medical condition, such that the medical condition has impacted one’s ability to perform all of the essential elements of one’s job, the issue of “the cause” should be a limited one.

If used in the sense of a principle or deeply-held belief, it can result in an irrational obstacle by pursuing “the cause” as in a need to stay the course, to blindly commit to a false sense of loyalty in order to further the mission of the Federal agency or U.S. Postal Service, at the expense of one’s own health and well-being.

If applied in the more prominent sense of the term — one of causality, fault, origin or resulting-consequences, etc., then it becomes an irrelevant issue. For, unlike Federal Worker’s Comp cases, causality of a medical condition, injury, or medical disability, does not play a role in determining one’s eligibility status in a Federal Disability Retirement application.

For all Federal and Postal Workers, whether one is under FERS or CSRS, preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, must always contend with the former sense of the term, and never the latter.

It is that false sense of being “committed to the cause” which is often the greatest obstacle in considering filing for Federal Disability Retirement benefits, and not the inapplicable usage of “cause” as in the origin of one’s medical condition, which remains the pervasive stumbling block for Federal and Postal employees.  For, in the end, it is not merely a matter of a linguistic exercise; it is not just whether a person uses or applies a given word properly in the grammatical sense, which has a lasting impact upon individual lives and greater social orders.

We have spouses to correct us if we misuse a word; but when it comes to having a medical condition impacting our ability to continue on in our chosen vocations, a misuse of a word here and there is an inconsequential blunder; what really matters is to have a true and balanced perspective on the important priorities in our lives.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: A Federal Issue

Most legal issues require representation by an attorney licensed in the state where the legal matter arises. Thus, divorce proceedings; accidents and torts of various kinds where the injury occurs; contracts where they are formulated and agreed upon; negligence actions where the act occurred, etc.

But for such administrative proceedings such as the preparation, formulation and filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the state from which the attorney received his or her legal license becomes irrelevant precisely because the practicing of Federal Disability Retirement law crosses all state lines, and does not involve any issues which are unique to a particular state at all, but rather is entirely a “Federal” issue involving Federal statutes, regulations, administrative agencies, etc.

Further, while many individuals may still express a “comfort” zone of desiring to “see” the attorney by visiting him or her in an office, such a personalized encounter may simply be an impracticality. Agencies span the entire country, and indeed, Federal workers are stationed throughout the globe in Europe, Asia, the Philippines, etc., and representation for such Federal issues as filing for, and obtaining, Federal and USPS Disability Retirement benefits from the U.S. Office of Personnel Management, is best done by an attorney who is experienced in the administrative process of law entailing all aspects of OPM Federal Disability Retirement law.

Fortunately, with modern technology, including email, fax, phone, express delivery, etc., close contact with an attorney who specializes in Federal Disability Retirement law is merely a “push-button” away. In an impractical universe, it is best to use the services of practical technology.

Federal Disability Retirement is a Federal issue, not a state one, and this should always be kept in mind when seeking representation in the matter.

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

Postal and Federal Disability Retirement: Local Lawyers and Federal Issues

Federal and Postal employees are particularly susceptible to harassment and hostile work environments, for two primary reasons:  First, agencies (as reflected in terms of organic microcosms of collective individuals forming an organized unit, but represented by individual men and women) tend to view themselves as little fiefdoms, circled and protected by a moat of Federal Laws rarely understood by laymen, and further empowered by secrecy and the pervasive presence of the Executive Branch of the Federal Government, and Second, through a maze and web of complex Federal Statutes, Executive Orders and internal regulations, with layers upon layers of bureaucratic anomalies, an entity which remains shrouded with an obtuse, obscure administration of procedures barely comprehensible by those who run the agency.

The third reason, of course, is that despite Federal Agencies popping up throughout every city in every state, local lawyers have failed to make it their business to become knowledgeable about Federal issues, Federal laws, and their impact upon the local population.

This is especially true of Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.  Fortunately, however, Federal issues are not limited to the state, county or city in which a legal issue arises; therefore, as an attorney who practices OPM Disability Retirement, representation can occur from one state in assisting the Federal or Postal employee from any other state — including Alaska, Hawaii, Puerto Rico, Europe, Japan, etc.  Federal issues know no boundaries; that can be a negative thing in terms of state sovereignty; but in terms of being represented for a Federal Disability Retirement case, it has the advantage of being competently handled by those who know the system.

As deteriorating work environments often lead to an increase in medical issues, so the Federal or Postal employee must often fall back upon leaving the system by filing for Federal Disability Retirement benefits.  Being susceptible to a power-centered entity often has that sort of result:  of greater medical problems; an exponential explosion of discontent; an increase in the need for rehabilitative care.

Fortunately for the Federal and Postal employee, there is the added employment benefit of Federal Disability Retirement.  Tap into that which exists for one’s advantage; the benefit is there for a reason — not the least of which is because of the stressful environment created by the behemoth called, the Federal Agency.

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 and Postal Disability Retirement: Guidance and the Void

Questions in life always abound; those who ask few, if any, questions, either retain an abundance of knowledge, are wanting of care, or merely meander through life in a muddle of marginality.

In enduring the administrative process of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, questions concerning the entire bureaucratic process are never fully answered at any stage of the process.  The void of clear, concise and definitive answers are often deferred — whether because of OPM’s actions, one’s own agency actions, or because the context and timing of the question must betray the patience of an immediate answer.

Guidance throughout the process is invaluable.  Remember — ultimately, Federal Disability Retirement is a legal process; yes, it is the filing of government standard forms; yes, it is “administrative” in nature, inasmuch as the benefit applied for must be submitted through an administrative agency — the U.S. Office of Personnel Management.  But whenever there are rights to have a “case” reconsidered; whenever that administrative “filing” may require an appeal to the U.S. Merit Systems Protection Board; whenever “anything” of such a nature is or may be required — it constitutes a legal process and procedure.

For a legal process, one normally requires legal guidance.  The void of legal guidance of those who have tried it without an attorney, is palpable.  Of course, guidance is separate from wisdom; and wisdom is differentiated from the mere providing of information — often of error.  Seek the proper guidance, and keep out of the void.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Providing Information

In every area of law, in most facets of life, and certainly in the administrative procedures of preparing, formulating and filing for Federal Disability Retirement benefits either under FERS or CSRS with the Office of Personnel Management, one must determine the extent, scope and substance of the information which will be provided to the requesting entity.  

Most of the time, the extent of information is pre-determined by the requirements which must be satisfied.  Similarly, the scope of the information to be submitted must meet certain criteria, but additionally, it will depend upon the question asked.  More importantly, the substance of the information one needs to provide, will be determined by the question asked, the criteria to be addressed, and the statutory and regulatory guidelines which must be met — in the case of Federal Disability Retirement under FERS or CSRS, that which would meet the legal standard of “preponderance of the evidence.”  

In venturing and maneuvering through the administrative process of applying for Federal Disability Retirement benefits, however, there will be times when either the Agency or the Office of Personnel Management may request “additional” information, indicating that they are not satisfied with what has been submitted.  

An appraisal of what information is being asked; whether the question is properly formulated as posed, or whether it can be reformulated and still satisfied; and the harm or good in responding fully or partially to the request — these are all determinations which are best guided by the advice and counsel of an attorney who understands the laws governing the legal criteria in Federal Disability Retirement cases.  

Not every question deserves a full answer.  Sometimes, the question itself must be re-formulated and answered in the re-formulated format.  Agencies are not gods; they are not omnipotent, and certainly not omniscient.

Sincerely,

Robert R. McGill, Esquire