Tag Archives: being careful with that applicants statement of disability

Epistemological Privilege and Federal Medical Retirement

The unique position of the individual in the greater world of objectivity — where the “I” dominates the subjective world but with a recognition that such a peculiar feature of the ego represents an almost insignificant, singular entity in a greater world of objects and other subjects — often results in a duality of opposing and contending, irreconcilable and incommensurable conclusions:  the centrality of a unique person, but a necessary and humbling recognition that in comparison to an infinite universe, one is merely a speck of irrelevance.

Bureaucracies tend to do that to a person.

The cold, indifferent and uncaring attitude of systematized control, requiring almost meaningless steps in order to complete a process mandated in order to achieve an end; you are merely a number to account for, in a greater administrative process of files to be audited.  For the Federal employee and the U.S. Postal worker who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the issue is how best to attempt to reconcile the need to speak about one’s self in the crucial and ever-important Statement of Disability, as required on the bureaucratic form SF 3112A, yet, at the same time convey a sense that “what” is being said is objective, scientific, and medically verifiable.

Too much of the “I” in the Statement of Disability will tend to undermine the validity of the narrative; too little of it, and it is merely a regurgitation of conveying to a disinterested individual, medical facts which fail to compel, persuade and convince.  The concept of epistemological privilege is one encompassing the unique privacy of the subjective person.  Left within that universe, it fails to reveal the impact of one’s interaction with the greater world.

But in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, it is important to recognize that remaining within the insular universe of epistemological privilege, may well undermine the efficacy of one’s Federal Disability Retirement application filed through OPM, and it is crucial, therefore, to recognize the dualism, attempt to strike the proper balance, and consider the weight of the narrative statement one must convey, including bridging the gap between one’s uniqueness in the subjective universe (the “I”), and the impact upon the greater world of objectivity (the description of one’s capacity and ability to perform all of the essential elements of one’s job).

Otherwise, the epistemological privilege will remain just that — lost in a world of subjectivity, and potentially to be rejected by the faceless bureaucrat in a world where you are merely one amongst many.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Frameworks

To be successful in any endeavor, one must identify the relevant issues, sift through and discard the peripheral contents, and maintain a thematic thread throughout in order to keep the focus upon the essence of the project. Anyone who has attended a meeting which lacks a subject-matter focus, and where a free-for-all is allowed, without a circumscribed set of agendas, can attest to the importance of setting priorities and understanding the difference between points of significance and irrelevant detractions.

Frames are important, and sometimes as much as the painting itself.  For, art is merely a slice of the greater exposure to life, and it is the frame which distinguishes that parcel of perspective and allows the viewer to participate in a moment of time and a pause for reflection.  For the Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to provide a “roadmap” to OPM, and thus circumscribe the framework of the relevant attachments, medical and legal issues to be evaluated, and the pathway to resolutions preemptively proposed.

Thus, the three tiers of an effective framework should include: (1) A clear and concise Statement of Disability (here, one must be careful because of the legal consequences of failing to include and fully describe the medical conditions), (2) A reference to the relevancy of the attached documents which support the statement, and (3) the pertinent legal foundations which are satisfied by the first two tiers.

He who frames the picture has the power to direct the viewer’s perspective; for, it is the frame which enhances the content of the artistry, and directs the appreciation to an irrelevant empty sky in a schematically unimportant corner of the painting, or to the central theme where the brilliance of bursting colors explode forth in magnificent reflections of a masterpiece’s slice of life.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Disability Retirement & Standard Forms

Standard Forms are intended to restrain, contain and standardize; it is meant to make you believe that if you violate the “fence” around the physical form itself, or fail to answer specifically the questions “as asked”, that there will be a penalty to pay — i.e., in the case of a Federal Disability Retirement application before the U.S. Office of Personnel Management, a denial of one’s Federal Disability Retirement application.  

For the Federal or Postal Worker who is intending on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question of what to say, how much to say, and in what tone or tenor (does one presume that OPM is an “adversary”, and therefore should any submission be crafted in such a manner?  Or, should the tone be more “neutral”?  Hint:  Whatever the proper balance of tone to embrace, OPM is not one’s close relative, and should not be approached as such); and, ultimately, whether and to what extent “continuation pages” should be attached to the forms themselves.  

For FERS employees, or course, one must complete SF 3107, along with Schedules A, B & C, as well as have the Certified Summary of Federal Service completed, and if applicable, SF 3107-2, the Spousal Waiver.  For CSRS, one must complete SF 2801, and again, the Schedules A, B & C and the Certified Summary of Federal Service.  For both FERS and CSRS employees, the second set of forms — SF 3112A, SF 3112B, SF 3112C, SF 3112D & SF 3112E — must also be completed.  

For the Federal or Postal employee, it is the SF 3112A which is the most daunting, the most important, and the one which must be thoughtfully completed.  It is the first form which OPM will search for, review, analyze, compare, attack, and scrutinize, in making a decision upon one’s Federal Disability Retirement application.  It is indeed a form which is “standard” in every sense of the word — in appearance; in requirement; in formatted appearance; and in the end, the level of effort and input one makes of it.  

What should one’s own “standard” be in preparing, formulating and filing the Standard Form 3112A?  Care, caution and a concern for coordinated completion.  Yes, and by the way, the undersigned writer enjoys engaging in alliteration, assonance and consonance.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: How the Historical Background Is Stated Can Make All the Difference

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must address the issue of the Applicant’s Statement of Disability (Standard Form 3112A), and answer questions regarding the medical conditions, their impact upon one’s ability or inability to perform the essential elements of one’s positional duties as slotted; impact upon other areas of one’s life, etc.

The problem with many respondents to such a form (by “respondent” is meant to identify the Federal or Postal employee who is completing the form and filling out the SF 3112A for filing of a Federal Disability Retirement Application) is the manner in which it is responded to — the “how” it is stated.  In journalism, there is the standard approach of providing information:  Who, what, when, where and how.  Such satisfaction of a journalistic approach provides the reader with the necessary information required to complete a story.  In that type of forum, however, the penalty for providing the wrong “how” is merely bad penmanship, and some potential criticism by the general reading public.

In applying for Federal Disability Retirement benefits, however, the penalty for a wrong “how” may be a disqualification from being able to receive Federal Disability Retirement benefits, because the historical context of the medical condition can impact the legal criteria for eligibility.

Be careful in formulating the applicant’s statement of disability; what one says matters; how one says it may matter most.

Sincerely,

Robert R. McGill, Esquire