Medical Retirement for Federal Workers: The Difficulty of Coordination

From the time one is born, coordination becomes a matter of survival: from maneuvering in the awkward ambulatory manner of humans on two legs as opposed to four; to trying to excel in sports and other competitive endeavors where there are always others who have greater physical abilities; to a world which demands multitasking and where singularity of performance is considered inadequate.

Then, when a medical condition suddenly hits, the learning curve of the individual takes on a magnified and crippling proportionality.  Suddenly, it is not a matter of attempting to coordinate two or more efforts; it is effort enough to accomplish a single task.

Further, for the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, there is the additional task — beyond the physical coordination of work and worry — to coordinate the multiple elements in compiling a Federal Disability Retirement application.

Thus, from acquiring sufficient medical evidence and documentation, to completing the proper forms in order to meet the minimum eligibility criteria, to meeting deadlines and all the while, for many, continuing to work in order to survive.

Coordination is an ability which must be continually learned. On top of it all, for an effective submission of a Federal Disability Retirement application, reference to the prevailing laws governing Federal Disability Retirement issues should be made.

In the end, while the ambulatory beginnings of a toddler may have been the easiest to overcome, it turns out that it is merely the foundation for all future courses of challenges and obstacles to face.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Coordinating the Elements of Success

Coordination is something taken for granted; it is only when there is a visible lack of coordination that one comes to appreciate that which has been taken for granted.  Thus, when a disjointed presentation is viewed; a play or a movie without a coherent theme; an unskilled person attempting a skill-based sport; a person trying to “wing it” when such an endeavor cannot be accomplished without prior practice and perseverance:  it is the bad play which brings to the fore the importance of coordination.

Thus, for the Federal and Postal Worker who is contemplating filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is the disjointed application, the one without a coherent structure or lacking of the necessary connections between the primary three (3) elements:  the law, the personal narrative, and the medical foundation; that is when a Federal Disability Retirement application is in trouble at the outset.

Coordinating the necessary elements will greatly enhance the chances of a successful Federal Disability Retirement application.  It is when there is a lack of such coordination that the inherent inconsistencies and lack of evidentiary substantiveness will become apparent; sort of like the minor leaguer who tries to reenact the play of a major league type, only to find that it isn’t quite the same.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Problem of Coordination

The world of language is a peculiar universe of artifice; while comparisons to other primates may provide indicators for the origin and foundational beginnings for the evolution of language in order to better understand where we came from and how we came to be where we presently are — it is the complexity of the present which confounds and amazes.

The conceptual constructs of language lends itself to misunderstanding, misinterpretation, and misuse; as precision is no longer a standard of usage, so malleability of language now lends itself to clever tricks in order to avoid commitments, breach contracts, and take advantage of unsophisticated opponents.  Thus, the classic statement:  “It all depends upon what the meaning of ‘is’ is”.

In a Federal Disability Retirement application before the U.S. Office of Personnel Management, whether under FERS or CSRS, the compilation and coalescence of differing language games (to borrow a Wittgensteinian phrase) must be presented:  Language of the lay person (the Federal or Postal worker who is filing for Federal Disability Retirement benefits); language of the medical profession (doctors’ reports, technical diagnostic test results, office notes, etc. must be submitted); and legal jargon (legal citations and arguments should also be garnered for support).

Once gathered, the various components of the tripartite language games must somehow be made to complement each other.  This is indeed a difficult task, as each language game constitutes a self-contained artifice of complex meanings.  But coordination of the three spheres of linguistic artifice is key to a successful outcome.  To do this, one must take on the role of being a technician, a conjurer, and a pseudo-artist all at once — in other words, to juggle the three balls such that one may understand that what “is” is indeed that which is and is not.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Coordinated Steps

When a toddler first learns to walk, what is apparent in the awkward initial attempts is the lack of muscular control, coupled with an innate awareness of potential failure; and that compound look of surprise, fear and lack of comprehension when the first fall of failure occurs.  It is, in a sense, a “failure”; not for lack of trying, or of applying the elementary mechanics of “how to”.  Rather, it is precisely because the various elements must coalesce to create a tripartite approach which has not yet come to fruition:  muscle strength and control; a sense of balance; a coordination of mind and body.

Similarly, in preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee who first attempts to enter into the universe of administrative law, and specifically into the world of bureaucracy culminating in an encounter with the U.S. Office of Personnel Management, must contend with the following:  coordination of efforts.  For, in the end, the tripartite elements in a Federal Disability Retirement application must also come together:  The medical condition; one’s positional duties in the Federal sector; the nexus between the two, with a legal argument as to the impact of one upon the other.

The requirement of coordination does not cease merely because one learns to walk; it is a life-long endeavor which only becomes more sophisticated, with greater demands and requirements, upon those very members of society who continue to grow, mature, and become adults.  Those first baby steps only represented the beginning; once mastered, the universe of man, which includes all forms of technological absurdities and complex human behaviors, must be understood, incorporated, and ultimately engaged, in order to begin the process of mastering the coordination of life.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Attorney’s blog: The Importance of Coordination

Logic and coordination do not necessarily occur naturally.  The fact that a systematic and logical sequence of events would present themselves in a coordinated manner, does not imply that such coordination was pre-planned.  Rather, it is normally the case that, because X occurs in a logically sequential manner, that therefore a semblance of coordination is implied.  

In preparing, formulating and filing for Federal Employee Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to coordinate the various standard government forms — or, at least, the information which is provided in completing such forms.  

There are those forms which the Federal or Postal employee has no direct control over — i.e., the Supervisor’s Statement and the Agency’s Efforts for Reassignment and Accommodation (SF 3112B and SF 3112D).  Then, there are the “superfluous” forms, which merely constitute a checklist of information (e.g., SF 3112E).  But those forms which the Federal or Postal employee are directly responsible for — SF 3107 & Schedules A, B & C for FERS employees; SF 2801 and Schedules A, B & C for CSRS employees; and SF 3112A for both FERS & CSRS employees — should be coordinated with medical reports and records, and any additional documentary support which may be submitted.  

The analyzing agency (in this case, the U.S. Office of Personnel Management) should never be able to use a case against itself by finding inherent contradictions to attack itself.  As such, coordination should — unlike that found in “nature” — be artificially imposed within the logical sequencing of submissions in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire