OPM FERS Disability Retirement: Coordination of Elements

There is no question about it: It is a complex process.

Administratively, it must be passed through multiple levels of agency review in order to get a completed packet — the Supervisor’s Statement (SF 3112B); Agency’s Efforts for Reassignment and Accommodation (SF 3112D); effectively answering the Applicant’s Statement of Disability such that it provides the proper nexus between each of the questions on SF 3112A — for, although it may not be so obvious, the questions must both be answered separately as well as viewed in the totality of each as being a component fitting in with each other, in order to answer it to completion.

Then, there is the coordination of internal and external elements, and the intersecting impact within and without — of a medical report effectively prepared and consistent with the history of treatment modalities; of a nexus persuasively argued establishing the connective impact between the medical condition and the essential elements of the Federal or Postal job elements; and the interconnectedness of essential elements to the physical or cognitive inability to perform one or more of the essential elements, etc.

Throughout the process — whether for a denial and a rebuttal response at the Reconsideration Stage, or at the initial preparation stage in the First Stage; or, even of an appeal to the U.S. Merit Systems Protection Board — the coordination of elements is important in preparing, formulating and filing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management.  Consult with an attorney who specializes in FERS Disability Retirement Law in order to more effectively establish the coordination of elements.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The memory of greener pastures

Are memories faulty, and are they so for a purpose?  Does the human psyche selectively extrapolate the positive and repress the negative precisely in order to preserve an optimism that will incentivize survival?  If our memory banks retain a pessimism such that the overload of negative images cumulatively dominates, wouldn’t the subtle forces of depression set in to overwhelm us?

The memory of greener pastures — are they true in an objective sense, or only in the selective and myopic perspective that has filtered the negation of subjective desires?  Was childhood as innocent as we remember?  Were the ice cream cones on a hot summer’s day better then, and the wintry winds of Christmas Eve so filled with anticipation of glee that yesterday’s joy was tenfold the truth of untold lies?

We do tend to remember the summers of yesteryear, and of thinking that the lights across the street glow a warmth of love and fidelity; and yet, we know that the room within which we stand is likely a reflection of a reality no lesser, nor no greater, than the greener pastures across the way.  Except when a medical condition hits us.  Then, the memory of greener pastures always reflect the “before” — before the condition worsened; before it began to impact my work; before it became a chronic condition.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is often the memory of greener pastures that finally prompts the Federal or Postal employee into preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

For, the greener pastures that once were can still be those of tomorrow, but only if the focus of one’s life can attend first to the medical condition itself, without the greater burden of work and the harassment and constant hostility of the Federal Agency or the U.S. Postal Service.

To preserve and hold sacred the memory of greener pastures is to prioritize the things that we hold dear and important, and one’s health should be at the top of the list of such priorities.  Protect it by preparing, formulating and filing an effective FERS Disability Retirement application, to be filed through OPM so that those memories of greener pastures in yesteryear’s childhood joys will not be subsumed by the worries of one’s deteriorating future.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Weekend Survival

The segmentation of time may be artificial; the rhythms of life, are not.  The 7-day week, 30-day month (give or take a couple here and there) and the 12-month cycle constitute human constructs that impose a rigid system of divisions based upon productivity, leisure, an admixture of both (isn’t it universal that Saturdays are spent in doing chores otherwise unattended to during the week, and Sunday is that respite and escape in total destitution of depleted dreariness?) and then a reset button pushed and the beginning of the cycle all over again.

Yet, while the system itself is based upon a conceptually artificial construct, the rhythmic underpinning of nature that glides above and beneath on a daily, quiet but consistent basis remains unperturbed.

That is why Daylight Savings Time makes grouches of us all — it is another artificial construct that jolts everyone from the natural rhythms of monotonous apathy twice a year, and breaks up that flow of biodynamic symbiosis between the planetary rotations, the daily sunrise and sunset, and the body’s reaction to a natural order within the constructs of an unnatural way of living.  The only compensation we feel grateful for is that extra hour of sleep that we are “given” in the Fall — only to have it stripped mercilessly and robbed from us in the Spring.

Thank God for the weekend — those two days of respite and leisure; of restorative rest and a quietude away from the mad dash of work and productivity; and we believe that we owe to the gods our lives and sacrifice our health for those pittance of days that are given to us.  But what are those 2 days worth?

Half of one is given up to do those things that we had no time to do during the five days of labor; the other half, spent in frozen immobility in front of a screen that blasts frightful images both from news of the “real” world as well as stories that are supposedly “entertaining”.  Then, with the one day remaining, we try and compensate for the exhaustion from the previous 5+1, only to wake up the following morning to engage the rush of the work-week that suffers and harms.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition becomes a trial of survival during the week in order to make it to the weekend just to survive, it is worse because — not only is the “natural” rhythm interrupted by the medical condition itself — days, weeks and months all meld and melt into a singular whole of survival and consternation of life’s trials.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the only option remaining in order to re-order the rhythm lost in the daily struggle to reach that weekend survival where the cycle of life’s natural rhythm has been shattered by the trauma of a chronic medical condition.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Meaningful turns

How many turns do we make on any given day?  Not just actual ones, like those turns while driving a car, but figurative ones, as well.  If a person approaches you and asks, “Did you make the right turn?” — what is the response?  Is there a “right” answer?  Is there a relationship in the English language between the terms “right”, “left” and the physical attributes we possess?

If a person tells of another, “He’s way out in left field,” is that because we attribute the term “left” with residues of the negative?  And, how did the terms “left” and “right”, when referred to in politics, come to have a meaning of equivalency?  Was the fact that right-hand dominance was historically preferred to left-handedness, to the extent that teachers once used to punish those students who naturally attempted to utilize their left hands in handwriting, drawing, etc., account for the linguistic dominance and preference given to the term “right” as opposed to “left”.

Do we understand the concept with greater presumption when a person says, “He made a left turn and got lost,” even if the person actually made a right turn and found himself in an unfamiliar neighborhood?  And what of “meaningful” turns – are there such things, as opposed to spurious and meaningless ones?  How often we confuse and conflate language with figurative speech and objective facts; and then we wonder why most people wander through life with confusion, puzzlement and an inability to cope.

Russell and the entire contingent of British linguistic philosophers, of course, attempted to relegate all of the problems of philosophy to a confusion with language – and, of course, only the British, with their history of Shakespeare and the sophistication of language, its proper usage and correctness of applicability could possess the arrogance of making such an argument.

But back to “meaningful turns” – in one sense, in the “real world”, every turn is meaningful to the extent that we turn and proceed towards a destination of intended resolve.  But in the figurative sense, it refers to the steps we take in mapping out consequential decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal worker’s position and duties, the “meaningful turn” that one must consider should by necessity ask many questions:  How long can I continue in this job?  What are the consequences of my staying, both to my health as well as from the Agency’s perspective?  How long before my agency realizes that I am not capable of doing all of the essential elements of my job?  Will my excessive use of SL, AL or LWOP become a problem with the agency?  And what about my health?

These are just a series of beginning questions on the long road towards making one of the meaningful turns that confront the Federal or Postal employee in the quest for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Quality of Input

We often forget that the quality, validity and accuracy of conclusions produced by computers will depend upon the input of information provided.  Thus, predictability of future weather forecasts are contingent upon present information selected, and the computational analysis resulting in the future paradigm is founded upon current constructs, analyzed through the cumulative data previously provided, with a dash of witch’s brew and a genuflection of hope.  In other words, the trash produced results from the trash collected; a rather self-evident tautology of sorts.

For Federal employees and U.S. Postal workers who are considering filing 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 issue of what information to provide, the amount of documentation, the precise wording selected, and the cumulative historical and current data introduced, will determine the statistical ratio of increased chance of success versus the possibility of an initial denial.

Receiving a denial from OPM is a down heartening experience, to put it mildly.  Expectations are that the subjective pain or psychiatric stresses which one experiences, will immediately be recognized and become translated into a societal benefit through a monetary annuity, especially as Federal Disability Retirement is an employment benefit offered for all FERS, CSRS or CSRS Offset employees in the Federal system, and upon proof and sufficient information and documentation provided, one becomes eligible for the benefit.

The difference between preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, on the one hand, and computational analysis of information in other sectors of information processing, on the other, is that an intermediate human factor is present.

All Federal Disability Retirement applications are reviewed, scrutinized and evaluated for sufficiency by someone at OPM, and it is this very human element which remains the “X factor” in all Federal OPM Disability Retirement applications.  What can be done about it?  It is simply a reality which must be taken into account, processed and accounted for.  While bureaucratic and ultimately a rather depersonalized process, it is nevertheless an administrative system which must be faced.

It is as old as the ageless adage of yore, attributed to Isaac Newton:  What goes up must come down; or, what information is provided, is the basis of conclusions reached, and it is the quality of information in culling together a Federal Disability Retirement application which is paramount in achieving success.

 

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Basic Steps

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is often helpful to know the basic, physical procedural steps of filing.  It is the Office of Personnel Management which has the statutory mandate to make a decision of approval or denial on a Federal Disability Retirement application under FERS or CSRS.

The Office of Personnel Management (OPM) is located in Washington, D.C., with its intake office in Boyers, PA.  Thus, while the latter location is the central processing point where all Federal Disability Retirement applications are forwarded to by the various Agencies across the country, it is the former location which makes the decision of approval or denial on all Federal Disability Retirement applications.  

The various agencies themselves, from all across the United States, must process the applications by all current Federal and Postal employees by filling out certain portions of the application — the Supervisor’s Statement, Agency’s Efforts for Reassignment and Accommodation, Certificate of Service, Disability Retirement checklist, etc.  For Postal employees, the central H.R. Office is located in Greensboro, N.C.  

Once it is processed and routed through the National Finance Office, then it arrives in Boyers, PA where the initial processing of the Federal Disability Retirement packet begins.  From there, it is assigned a CSA Number (for FERS, the number begins with an “8”; for CSRS, it begins with a “4”), and sent down to Washington, D.C.  

For Federal or Postal employees who have been separated from Federal service for 31 days or more, the Federal Disability Retirement application must be filed directly with OPM in Boyers, PA, bypassing one’s former agency.

Some Agencies will have more localized Human Resources departments which comprise varying degrees of helpfulness and assistance; others have centralized H.R. offices with (again) varying degrees of efficiency and effectiveness.  As with all administrative processes in life, it is best to make “human” contact at each stage of the process, wherever possible.

Sincerely,

Robert R. McGill, Esquire