The Physicians and the Substance of a Federal Disability Retirement Case

Ultimately, the essence of any claim, endeavor, vocation or activity possesses a characteristic “essence” of a matter — that which defines itself, reveals its core value, and manifests the substantive content of what X “is” as opposed to the accidental and peripheral appearances which can throw one off from the central enigma of that which we seek to unravel.

That is the defining history of Western Philosophy; it is what Plato began in inquiring about the differences between Forms and appearances; what Aristotle did in rolling his sleeves up and getting down to the serious work of scientifically approaching the world through observation and keen perspective; and in more modern times, it is encapsulated by the work of Heidegger, who viewed every being as an encounter to unmask in the experiential sequel learned from his master, Edmund Husserl and the school of phenomenology.

The History of Philosophy has since been one of loss of stature, as all of the subsciences have taken on their prominent roles and fractured apart from the umbrella of philosophy.  Psychology, Anthropology, Physics, Theology — they have all found and formed their own mouthpieces.

Medicine and the physicians who represent the discipline of the medical community have a unique and enduring perspective; it has now become defined by an approach of pharmacology and surgery, prompting alternative movements of holistic endeavors. But until a time in a distant future which accepts “other” approaches, it is the physician with an “M.D.”, “D.O.”, or other such designation, which will be necessary in the acceptable community of opinions and judgments. Yes, Chiropractic care, Physical Therapists, Nurse Practitioners, Psychologists and LCSWs can help to prove a case; but the central focus of authoritative acceptance still comes primarily from that guy or girl who went to “medical school”.

For the Federal and Postal employee who seeks to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the core of one’s case must be based upon a view towards the examiner, reviewer, or “Administrative Specialist” as designated by OPM, and what that individual will accept as the authoritative basis of a viable Federal Disability Retirement case.  This is a world where the word of the physician is paramount; and those in the communities of subsets can certainly lend authoritative support; but it is always a mistake to confuse the outpost for the headquarters.

In a viable OPM Disability Retirement application, it is important to obtain the opinion and support of that which will provide the essence of authoritative support, to the greatest extent possible. What opinion to seek; how the narrative opinion is characterized; who provides it; and what the substantive content will state — all will make a difference in preparing and formulating a Federal Disability Retirement application, and its proper presentation to the authorities at the U.S. Office of Personnel Management.

While the “enemy” may attack and destroy the perimeters and outposts, until the neurological center of an organism is defeated, all such efforts are destined to fail.

Sincerely,

Robert R. McGill, Esquire

 

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

Federal Employee Medical Retirement: Entrenchment versus Fidelity to a Promise

People often have a general sense of obligations and duties, and remain steadfast in fidelity to promises made.  Ultimately, it is actions which confirm the sincerity of words, and not an abundance of additional verbiage.  But fidelity to a course of action can constitute an entrenchment of actions without regard to changing circumstances or the vicissitudes which accompany a career or a course of events.  Intersecting issues will often require a changing response; a change in plans does not necessarily constitute a violation of a promise; rather, it may in fact be the very fulfillment of a promise.

And so it is with Federal and Postal employees who confront and must deal with a medical issue; those projects which were spearheaded by a particular person; those mission statements and goals intended — suddenly, multi-tasking must be pared down to a single duty; time must be taken to attend to one’s medical conditions; the course of action intended must be altered, modified, and sometimes abandoned.

If the essence of X becomes damaged, do its attributes remain untouched, also?  Or must the dependencies be transformed in order to preserve the essence? Staying on a course when the context has encountered dramatic alterations, can be viewed as either foolhardy, stubborn, or valiant.

When a Federal or Postal Worker who is suffering from a medical condition such that the medical condition impacts one’s ability to perform one or more of the essential elements of one’s positional duties, it is time to evaluate and review the course of one’s career.  Opting to preserve one’s health and to prepare and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is not an abandonment of purpose; rather, it is a recognition that life’s unexpected turn has forced a change of course — honorable in intent, and necessary in preservation.

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

Medical Retirement Benefits for US Government Employees: Inconsistencies

While the legal standard of “preponderance of the evidence” is the statutorily mandated criteria to be applied as the burden of proof in a Federal Disability Retirement application under FERS or CSRS, the question which needs to be asked is:  Assuming that a Federal Disability Retirement application under FERS or CSRS contains sufficient medical documentation to meet the legal criteria, what is it that would undermine the application and result in a denial of the Federal Disability Retirement application?  

The overwhelming pattern of that which defeats a Federal Disability Retirement application from being approved — at any stage of the process — is the revelation of inconsistencies between various aspects of the application.  

Thus, whether it is the internal inconsistency of medical records versus the medical narrative report which the doctor has prepared; the apparent inconsistency between a Supervisor’s Statement and the Applicant’s Statement of Disability; or the potentially exaggerated inconsistency between the Applicant’s Statement of Disability and the Medical Narrative Report(s) — such are the fodder which the Office of Personnel Management is looking for in order to provide a substantiating and justifying basis to deny a Federal Disability Retirement application under FERS or CSRS.  

One must understand, however, that many inconsistencies are merely “apparent”, and can be easily explained — if needed to be explained at all.  Thus, for example, notations in the medical records/office notes where the treating doctor has annotated numerous instances of “improvement” from a previous office visit, are merely apparently inconsistent with a conclusion that a person can no longer perform one or more of the essential elements of one’s job.  

An exaggerated Applicant’s Statement, however, which overstates one’s medical conditions beyond what the doctor is willing to state, can be a more difficult inconsistency to overcome and correct.  It is important to always recognize the difference between apparent, inherent, and natural inconsistencies, and to understand that some inconsistencies need to be “left alone”, while others may need to be attended to.

Sincerely,

Robert R. McGill, Esquire