OPM Disability Retirement: Explicit versus Implicit

The former leaves no room for confusion or doubt; the latter, a bit of “wiggle room” where insinuations, hints and suggestive openings are characteristic invitations of open regards.  They are not mutually exclusive within a paragraph or even a sentence; they are, however, antonyms, and should be used with context-defined relevance.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the choice of either can determine the future viability of one’s Federal Disability Retirement application.

Certainly, there are times in life when one chooses the latter methodology, for various reasons — perhaps being forthright and blunt is not the “right” approach; perhaps there is fear of offending, or mere laziness and sludge of confrontation prevents one from being straightforward.  In the legal arena, the former approach is preferable, if only to squeeze out the light of linguistic malleability and flexibility in supercilious argumentation.  But in the context of an OPM Disability Retirement packet, there will often contain multiple usages.

One’s Supervisor, in completing SF 3112B (Supervisor’s Statement), may present contradictory information by checking a box which is relatively unequivocal (is that an oxymoron — to use the terms “relatively” and “unequivocal” in the same breadth of a sentence?) but placing remarks implying the exact opposite in response to “explanatory” and more expansive questions.  Or, for the Federal Disability Retirement applicant, in completing SF 3112A, the “Applicant’s Statement of Disability”, there may be a strategy in mixing both explicit statements and providing for implicit openings for meanings and connections.

Certainly, the “law” of Federal Disability Retirement allows for it; but one must always take care in addressing the nature, extent and susceptibility of statutory interpretation in formulating one’s Federal Disability Retirement application.  Ultimately, as in most things in life, the former is preferable to the latter; though, wiggle room and the dictates social conventions may sometimes require one to be explicitly implicit in order to be inefficiently efficacious.


Robert R. McGill, Esquire


Federal Disability Retirement Benefits under FERS, CSRS or CSRS Offset: Times of Reflection

There is never a time when reflection should not be part of one’s arsenal of daily living; but too much reflection, during “down” times where interludes of rumination can become a compound for exacerbated worrying, may result in unnecessary turmoil, and ultimately of impotent inaction.

Having a medical condition will often force an acceleration of tumultuous worrying, for it impacts one’s future, questions the stability of one’s present, and magnifies wrong turns and decisions made in the past.  But it is the combining of a tripartite approach which provides for effective leadership in any matter:  evaluation and analysis of the problem; initiation of affirmative steps to be taken; and follow-up to ensure application and conclusion to a process begun.

Being in a purgatory of sorts, or suspended through indecision, can often be a seemingly harmless state of being, precisely because nothing is happening; but in the void of nothingness, the fact of failure in progress may be the greatest harm of all.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits when a medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, is just such an affirmative step which has to be taken in order to secure one’s future.

Federal Disability Retirement is an administrative, bureaucratic process which can only be secured if the Federal or Postal employee initiates the process through one’s agency, en route to filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It has many stages; multiple potential pitfalls; and a continuum of administrative difficulties.  At each stage of the process, there are bureaucratic requirements which must be timely met.

There is, in life, a time for reflection, and a time for action; the former can be accomplished at the leisure of civilized society where culture, creativity and a coalescence of classics can converge; but the latter must be through sheer will in the context of need, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a combined effort of both reflection and action, where the former spurs the latter into fruition.


Robert R. McGill, Esquire