CSRS & FERS Disability Retirement: Complexity in the Hidden Background

To prove one’s eligibility for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is seemingly an uncomplicated matter.

As one’s medical condition impacts the ability to perform one or more of the essential element of one’s job, it is up to the treating doctor to establish the nexus and provide an opinion as to the connecting bridge between the medical condition and the positional requirements of one’s Federal or Postal job.

How does one do that? Must it be comprised of a 1-to-1 ratio between job elements and medical conditions? How important and prominent are “symptoms” considered, as opposed to the mere clinical declaration of the diagnosis, in persuading the U.S. Office of Personnel Management that a particular medical condition should qualify for Federal Disability Retirement benefits? To what extent is one’s own statement of disability, as described on Standard Form 3112A, important in establishing the foothold towards gaining an approval from OPM?

Also, what algorithm or comparative analysis does OPM use in evaluating a case, and how does one enhance the chances of success at the First Stage of the process? If denied at the First Stage of the Federal Disability Retirement process, does the basis of the denial (often characterized by a plethora of multiple reasons given) require a point-by-point refutation, and is the Reconsideration Division at OPM using the same standard of review, or a different application of laws in evaluating the additional evidence submitted at the next stage?

If one watches a gymnast, a ballerina, or even a mathematician at work in solving or unraveling a complex problem or exercise, one is immediately struck by the ease with which the feat is performed. But it is almost always the unseen preparation which has preceded the actual performance that sets the stage of an uncomplicated presentation.

It is that mystery of the uncomplicated, which tends to trip us all, and that is no different in the preparation, formulation and submission of a Federal Disability Retirement application, applied through the U.S. Office of Personnel Management, whether you are under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Analogy of Games

Games created and imagined by societies will likely reflect societal values, beliefs, fears, and generally the character and personality of the social structure of the time.

That is why life situations are often described and elaborated upon by reference to particular games, by analogy, to elucidate the reality of a specific situation, or perhaps even the absurdity — because by describing the game, it removes the need to discuss a present reality, and instead to speak of it in terms of a third-person phenomena.

Thus, one might refer to the game of Go — and instruct the novice that, as in life, every time you “pass”, the opponent gains a move, and the more you pass, the greater gains, until victory occurs.  Or the oft-quoted game of Chess, in which one must always think in terms of 5 moves ahead, lest your opponent already has mapped out the path to checkmate before you have even considered your options.  And so we live life as we play games.

For the Federal or Postal Worker who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, such analogies are instructive.  “Passing”, as in the game of Go, will only allow the two opponents — the agency, and the medical condition against which one is battling — to gain the upper hand both in terms of time and closing potential options.  Failing to consider future moves, as in the game of Chess, will only increasingly limit and restrict one’s future ability to act; and so one’s future is diminished by the enemy of time.

In the end, games are created merely for recreation; but life itself is more than a period of fun and games, and failure to consider the seriousness of an analogy is only to the detriment of he who fails to consider the applicability of parallel universes.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Platonic and Other Forms

Forms are interesting conceptual constructs:  They are created for ease of use; yet, concurrently, they contain, restrict, and by all appearances, limit the ability to go beyond the “form”.  Thus it is with Plato’s philosophical proposition of Forms — they represent the “essence” of what a thing is, as it is; and, like government forms, one is presumable unable to violate the essence in their particularized representative appearances.

The difference, however, between Platonic Forms and government-issued forms, is quite obvious:  Plato’s Forms represent the highest and best of any individual construct in the physical world; government forms rarely represent anything but a bureaucratic decision to force conformity upon anyone and everyone contemplating filing for a benefit.

In preparing, formulating and filing for Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, the potential applicant must understand that he/she will be confronted with multiple and complex forms to complete.  How one completes each form; what one states on any given form; whether one answers the questions posed in an adequate or sufficient manner — each of these will have a direct and often irreparable impact upon the success or failure of a Federal Disability Retirement packet.

The forms themselves may appear simplistic in appearance and content (i.e., SF 3107 series for those under FERS; SF 2801 for those under CSRS; SF 3112 series for both FERS & CSRS); what they represent, however, constitute unstated complexities which can only be understood within the full context of the evolution of statues, regulations and case-law handed down throughout the years, which make up the entirety of the compendium of Federal Disability Retirement practice.

One would never have thought that government-issued forms would be as complicated to understand as Platonic Forms; but then, Plato never encountered the U.S. Office of Personnel Management — otherwise, he may never have proposed that there is indeed the existence of the Form of Beauty and Goodness.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Keeping it Simple

Simplicity merely covers the complexity behind the beauty of the uncomplicated.  Indeed, one only has to look upon an Apple product, or a modern automobile, to recognize the underlying complexities which went into the production of such simplicity.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is often a desire to respond to an OPM denial by attempting to understanding the apparent ‘complexity’ of the denial.  By ‘apparent’ is meant the following:  Most, if not all, of OPM’s denials are regurgitated templates from thousands of previous denials, and quotations of alleged legalese notwithstanding, the basic components of a Federal Disability Retirement case do not change just because the language used attempts to complicate matters.

In the end, driving a technologically advanced automobile still requires hands on the steering wheel, and a foot on the gas pedal and the brake (hopefully, not both at the same time).  All the rest are simply “whistles and horns” to make it appear worth the price tag.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Simplification of a Complex Process

It is the simple things in life which provide the greatest amount of pleasure; but simplicity often conceals the underlying complexity inherent in that which merely appears so.  

The child who first observes the vivid pictures on a computer screen has little to no understanding of the complex hardware and software network interfacing which, in the long history of computer design and evolving creation of computers, resulted in the seemingly simple result, produced by a push of a button.  Thus, the complexity behind the microchip and the human endeavor which designed, created and manufactured the product is what makes for the simplicity of the complex.  

As with all other things simple and complex, Federal Disability Retirement must be approached with caution. The questions which are required to be answered on Standard Forms (SF 3107 series for FERS applicants; SF 2801 series for CSRS applicants; SF 3112 series for both FERS and CSRS applicants) may appear quite simple in form; the content of what must be provided will necessarily require a complex interaction of thought, foresight, knowledge of the law, and carefully chosen words to provide information, argument and documented evidence which proves, by a preponderance of the evidence, that the Federal or Postal worker is entitled to Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  

To compile and produce a product which appears “simple”, from the myriad of administrative complexities, is the key to a successful outcome in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.  Simplicity betrays complexity; that which appears so, may not reveal the underlying and compound complexities which must be cautiously approached.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Defining Complexity Down

The complexity of a Federal Disability Retirement case is made all the more so, in exponential fashion, when the inherent issues concerning the medical condition and its impact upon one or more of the essential elements of one’s job are difficult and involved.

The administrative process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, is in and of itself a complex process — if only for the sheer volume of Standard government forms which must be completed — and is compounded in multiple ways when the variegated medical conditions are included.  Indeed, sometimes it is the combination of multiple medical conditions which, in the totality of interconnected and intersecting symptomatologies, constitute the entirety of the medical impact in preventing one from performing a particular kind of job.

It is the job of the applicant for Federal Disability Retirement benefits — the Federal or Postal employee under FERS or CSRS — who must define the complexity down to its basic, comprehensible and coherent, cogent presentation, in order for the reviewing clerks at the U.S. Office of Personnel Management to analyze and ultimately approve the Federal Disability Retirement application.

A simple rule of thumb:  If you cannot explain it, how will OPM make heads or tails of it? The solution:  If you cannot do it, obtain the services of someone who can; normally, this would involve an attorney.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Simplicity of the Case

The initial telephone inquiry often involves an apologetic explanation that one’s particular Federal Disability Retirement case “is a very complicated one which involves…”  Then, of course, there is an extensive history of events.  But complexity is often made so because of the lack of understanding of what direction the Federal or Postal employee must pursue in order to obtain an approval from the U.S. Office of Personnel Management, and it is assumed that the reason why the Federal or Postal employee contacts an attorney is to unravel and unscramble the complications which were created precisely because of such lack of understanding.

Remember that in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the bundle of complexities was created, more often than not, because of an admixture of agency issues, a history of adverse contact between the agency and the Federal or Postal employee, coupled with the rise of medical issues and their impact upon one’s ability or inability to perform all of the essential functions of one’s job.  As such, it is the job of the attorney to focus the Federal or Postal employee upon the foundational “essence” of a Federal Disability Retirement case.

Whether it is to “cut to the chase”, or strip away any peripheral issues to get to the “heart of the matter”, or whatever other pithy niceties which may be applicable, it is the job of the attorney to set aside the complexities, and simplify the process in order to obtain a Federal Disability Retirement approval for the Federal or Postal worker suffering from a medical condition which prevents him or her from performing one or more of the essential elements of his or her job.

Sincerely,

Robert R. McGill, Esquire