OPM Disability Retirement: Directing the Cinematic Chaos of Life

We tend to believe that life must travel along a linear path of consistent activity.  Perhaps such a belief system is derived from the Western philosophical tradition of Aristotle’s Metaphysics, which first proposed the conceptual universe of things moving from states of potentiality to actuality, and where the unmoved mover attracted all physical substances to its presence.

But life rarely unfolds as planned; and instead, a retrospective view of most lives reveals one of missteps, pauses, turns of trepidation and wrong and directionless travels to dead ends and strange neighborhoods.

We like sitting and watching movies and shows which are well-directed, with a thematic coherence and a nicely packaged beginning, middle and end. But what of our own lives? Who directs it, and what thematic presence dominates the cogency of one’s own existence? The difference between such fictional production and “real life”, of course, is that the former is created through artificial control of what happens and who enters each scene; in the latter, there can never be total control, as interaction with a chaotic and vibrant world cannot ultimately be refuted.

We try, of course, by remaining within the cocoons of our own making; by following a well-established daily routine, and never diverging from the treadmill of daily living. But then, those unexpected and unwanted anomalies of life intrude, such as a medical condition.

For Federal and Postal employees who find that a medical condition impacts the ability to perform one or more of the essential elements of one’s livelihood, the option of filing for Federal Disability Retirement benefits will often be the only alternative left in order to remain on some semblance of a coherent, linear path of life.  It is a benefit accorded to all Federal and Postal employees, whether under FERS or CSRS, and must ultimately be filed with the U.S. Office of Personnel Management.

To be a movie director is one thing; the more important role is to have some authority in directing one’s own life, and that is by far the more difficult job in maintaining a thematic cogency in this universal chasm of chaos.

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 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

Words, Actions and Comparative Analysis in Federal Disability Retirement

The test of sincerity is determined by the actions which follow upon words.  Words themselves are merely malleable vehicles, subject to linguistic gymnastics, and can have interpretive chameleon-like characteristics.  Thus, a declarative statement issued by an individual, in the form of, “I will take care of it!” seemingly solves a problem — immediately, by the mere force of the statement, and in the very usage of the words chosen.

Indeed, in this world of Facebook, websites and technology-based apparatus of endless statements without the need to act, but merely to speak it; where words constitute the substance of an entity; and where a person can appear to be X merely by declaring X; a comparative analysis of sincerity is necessary.  It is ultimately the action which follows, which determines the sincerity of the words stated.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important that the documentary evidence provided to OPM in support of the Federal Disability Retirement application, reveals a comparative consistency with the Applicant’s Statement of Disability as declaratively issued in response to Standard Form 3112A.  For, that is the primary basis of a denial by the case worker at OPM in evaluating and reviewing a Federal Disability Retirement application — by comparing the statements made, and the medical reports, records, office notes, etc., which are provided.  That is why merely having the doctor send the records to one’s Agency, then forwarded to OPM, without first having an opportunity to see what is being sent, is tantamount to malpractice.

Words and actions — the test of sincerity, and the comparative basis for an approval in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Left and Right Hands

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, part of the successful process of preparation and formulation is the ability to coordinate everything for the sake of consistency.  Indeed, “consistency” — or the lack thereof — is precisely the issue which often defeats a Federal Disability Retirement application.

Whether it is the inconsistency of a medical report submitted and the office/doctors’ notes attached; whether how the Agency views the employee and what the Federal or Postal employee claims as to one’s ability or inability to perform the essential elements of one’s job; or at a macro-level, a settlement agreement between the Agency and the Federal employee to determine the nature of a removal or resignation, and how cooperatively the Agency will complete SF 3112B and SF 3112D.

Such inconsistencies are the “fodder” of a denial for the Office of Personnel Management, who takes great effort in comparatively analyzing all aspects of a Federal Disability Retirement application.

Further, if the medical conditions noted on one’s Applicant’s Statement of Disability (SF 3112A) are not supported by the medical documentation attached, or perhaps the treating doctor focuses upon medical conditions X & Y while the applicant/patient thinks it is C & D, such internal incompatibilities can impact the outcome of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire