Federal Disability Retirement: Rhythmic Interruptions

A simple alteration such as moving the clock forward or backward one hour, in accordance with daylight savings time, can interrupt the rhythmic habituation of daily living.  Such minor tinkering has greater impact than we care to concede, and to which we fail to respond appropriately.

Man enjoys the pinnacle of technological snobbery; daily, he lives “as if”; whether lost in the insular privacy of his own thoughts, or deliberately in the parallel universes created through video escapism, virtual universes of linguistic scaffolds high atop the animal kingdom, the ignoring and averting of biological rhythms is to the detriment of health, whether mental or physical.

One can get away with dismissing a singular incident of feeling out of coordination because of a long day, a tiring embattlement with work, or a protracted convalescence from unexpected turmoil. But medical conditions which are progressive in nature, chronic in defying avoidance, and deteriorating to a degree which cannot be denied, are all greater exponential forces beyond mere rhythmic interruptions of daily routine. Some things, we can ignore; others, we do so at the cost of paying a greater price by procrastination.

Federal Disability Retirement benefits are available for the Federal employee or the U.S. Postal worker who decides, after long and quiet deliberation, that an impasse has occurred between one’s health and one’s physical or cognitive requirements of the positional duties required by the Federal or Postal job. Rhythmic interruptions are one category; medical conditions which have an interceding impact upon the ability to perform the essential elements of one’s Federal or Postal job, quite another.

Fighting the good fight does not mean that one should expend to the end of time at the cost of one’s health.  When the Federal or Postal employee recognizes that the fictional fantasy of being at the pinnacle of the animal world does not include being exempted from the biological reality of injury and disease, and that rhythmic interruptions resulting from a health issue need to be attended to, then the benefit of Federal Disability Retirement will be appreciated, as it is an employment benefit available to all Federal and Postal employees who have the minimum years of creditable service with the Federal Government.

One can lie to one’s self only for so long; and as the species of Man can survive with the blanket of surreal condiments by asserting exemption from biological entrapment, so the Federal and Postal employee who suffers from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal job, can endure pain and rhythmic interruptions only for so long.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement Attorney: Stress in the Federal Workplace

Stress is a natural and inherent part of everyday and ordinary life.

For the Federal and Postal employee who is considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one needs to always consider its form, content, extent and significance of inclusion in a Federal Disability Retirement application.

As a primary diagnosis, such an inclusion can be considered as merely “situational“, precisely because stress is a factor seen in workplace contexts across the board. As a secondary manifestation of another primary diagnoses, the danger of having the condition relegated to being a situational condition immediately disappears.

Whether the conceptual construct is used as a noun or as a working verb may appear to be merely a linguistically elastic play — a Wittgensteinian language game of sorts — but it is precisely what must be engaged in for a successful preparation and formulation of a Federal Disability Retirement application.

For, in the end, a Federal Disability Retirement application is a paper presentation to the U.S. Office of Personnel Management, encompassing a wide spectrum of descriptions, arguments and factual/legal analysis; and such is the nature of a language game, where the conversion of nouns into working verbs may be the difference between success or failure in a Federal OPM Disability Retirement claim.

Sincerely,

Robert R. McGill, Esquire

The “Other” Civil Service System

Information concerning Federal Disability Retirement benefits will often refer to the universe of “FERS” employees (acronym for Federal Employees Retirement System, which was enacted by Congress in 1986 and became effective the following year), with little to no information concerning its replacement system, the Civil Service Retirement System (CSRS).

There are, additionally, some hybrid systems, sometimes referred to as CSRS-Offset; but FERS & CSRS constitute the crux of employment systems of retirement for all Federal employees and Postal workers. The reason for the unfairly-weighted balance in favor of FERS employees is that, because the system has been in place for almost 30 years, now, and most CSRS employees have either already retired, died in office, or are otherwise catatonic in the catacombs of bureaucracies, there is a basic assumption in place that any references to FERS employees and the benefit of Federal Disability Retirement, necessarily includes CSRS employees and is indirectly applicable to the surviving few remaining.

References to FERS thus necessarily assumes an inclusion of CSRS employees, and this is true in Federal Disability Retirement applications, and for any FERS or CSRS employees seeking to file for Federal Disability Retirement benefits.  The primary differences between the two is merely one of completing standard forms.  Thus, for FERS disability retirement applicants, one must complete the SF 3107 series, as well as the series of SF 3112 forms; and for CSRS employees, the SF 2801 series is completed in place of SF 3107, but both systems must complete the SF 3112 series of forms.

Of course, when FERS was first introduced, enacted and presented to the entirety of the Federal public sector, the numbers of CSRS employees clearly outnumbered the number of FERS employees. Furthermore, when previously-separated CSRS employees (for whatever reasons) re-entered the Federal workforce, many were given the option of re-establishing inclusion and participation in the previously-abandoned system of CSRS. But, over time, and especially in the last decade, the number of FERS Government employees has outpaced CSRS employees, and the last and dying breed of CSRS employees will be like those Civil War veterans of yore, pictured in grainy photographs of faded daguerreotype plates, of antique images of a time past, and passing by today.

The “other” system has now become the new; and as time fades the faces of antiquity, those images of an age long past have replaced the reality of the present; sort of like computer-enhanced graphics which make us all look the age we desire.

Sincerely,

Robert R. McGill, Esquire

 

Physical and Mental Conditions in Federal OPM Disability Retirement Claims: Ahead of the Proverbial Curve

Trends are often characterized by the actions of a few.  Whether in cultural expectancies via movie moguls, fashion designers, technology innovators and convention-busters, the known so-called leaders who stay ahead of the proverbial “curve” which maintains the continuum of linear stability in a given society, often dictate the direction of an otherwise directionless future.

The ivory tower of academia is another such bastion of proclivities where, if observed carefully, can infer a discernment for future waves to come. The views of sociologists, psychologists, philosophers and economists (to name just a few “ists” within the self-vaunted world of esoteric penumbras; note, however, how the “philosopher” is not termed the “philosophist” — why is that? Perhaps because there was a desired disassociation with sophistry?) preview a trend of forthcoming conundrums impacting a society.

In the pragmatic world in which most of the rest of society inhabits, however, the dualism pronounced (and in many sectors of philosophy, denounced) concerning the bifurcated universe of the cognitive as opposed to the physical, continues to be debated. Dennett, consciousness, Nagel, Scruton, and the continuing debate over whether human consciousness can be reduced through the scientific language-game of mere biological processes, rages on in the ivory towers of conceptual constructs.

In the real world, this debate is reducible to the pragmatic question of whether psychiatric conditions are “as acceptable” as physical manifestations of traumatic conditions. For the Federal employee and the U.S. Postal worker who is contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the question of whether it is “more difficult” to win a Federal Medical Retirement claim from OPM is one which overwhelmingly can be answered in a positive, pro-worker manner: today, fortunately, there is little distinction to be made between psychiatric health problems and physical health problems.

Major Depression, Anxiety, panic attacks, Bipolar Disorder, Autism Spectrum Disorders, suicidal ideations, nervous breakdowns, etc. — all are viable bases upon which to file for Federal Disability Retirement benefits, on a par with physical conditions of chronic pain, cervical and lumbar dysfunctions, shoulder impingement syndrome, Crohn’s Disease, etc.  Descartes’ dualism cannot be found in the world of OPM and in the filing for a Federal Medical claim of disability.

The proverbial curve of societal trends is often determined by those at “the top”; but in the case of acceptance of psychiatric conditions in comparative analysis to physical conditions in the filing for Federal Disability benefits through the U.S. Office of Personnel Management, the trend of acceptance on a par for both was established long ago, probably as a result of the reality of either and both conditions, and the realization by the bureaucracy that however you term the condition, the importance of a Medical Disability Retirement claim finds its essence on the impact of one’s ability or inability to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Substance and Process

In any bureaucratic, lengthy administrative process, one can become embroiled in the procedural aspects of an endeavor, and overlook the substantive elements which form the foundation of any case.  Conversely, one can make the mistake of approaching a case and declare to one’s self, “This is so obviously a good case,” and take shortcuts in the process of putting together an effective and persuasive case.

Either approach is one fraught with grave errors, and for Federal employees and Postal workers who are beginning the process of preparing, formulating and filing for Federal Disability Medical benefits, first through one’s own agency (if still on the rolls of the Federal agency or the U.S. Postal Service or, if separated, for not more than 31 days), and ultimately submitted to the U.S. Office of Personnel Management in Boyers, Pennsylvania (directly, if the Federal employee or U.S. Postal worker has been separated from Federal service for more than 31 days), it is important to keep the balance between the substance of a case, and the process of the case.

Substantive issues involve everything from the factual, informational content required on all standard forms (SF 3107, along with Schedules A, B & C, and the required attachment of one’s DD 214 showing prior active military service; SF 2801 for CSRS employees; and the substantive content of the description of one’s medical conditions to be considered, as required in SF 3112A, etc.), as well as the medical documentation needed to provide the evidentiary support for one’s case.

“Process” issues involve the timeframe in filing a case, the administrative procedures of where the disability application must be submitted through, as well as the myriad of sequential steps required for satisfaction of accommodation issues with one’s agency.

Substance and process — they are the necessary sides of a single, inseparable currency of an administrative reality known as Federal OPM Disability Retirement, and both must be attended to in order to reach the heights of efficacy mandated for a successful outcome in the preparation, formulation and submission of an OPM Medical Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Beginning the Federal Disability Retirement Process

The Chinese proverb, “The journey of a thousand miles begins with a single step”, is meant to remind us that looking at a process in its entirety can result in self-defeat even before starting, and every daunting journey must begin with the small, almost insignificant, effort of initiation.

Facing a bureaucracy and an administrative process can feel like that metaphorical journey of a thousand miles.  The multiple and complex standard forms to complete; the legal criteria to meet; the need to gather, compile and consolidate the medical documentation into a linear, coherent whole; and all of this, in the face of voluntarily reducing one’s income by applying for an annuity and having to deal with the debilitating medical condition from which one suffers.

But the successful way to approach the entire administrative process known as Federal Disability Retirement, is to bifurcate it into workable portions. The SF 3107 series (reissued in May, 2014, where previous editions are now outdated) is merely informational in nature.  It is is the SF 3112 series of forms which one must take care in preparing and formulating, and especially SF 3112A, which requests for detailed information concerning one’s medical conditions, the impact of the medical conditions upon one’s ability to perform the essential elements of one’s job; and other pertinent information needed to convey compliance with a legal criteria established through many years via legal opinions issued by the U.S. Merit Systems Protection Board, as well as by the U.S. Court of Appeals for the Federal Circuit.

Yes, it is a difficult process, and one which can be eased by legal advice and expertise. But as with all journeys, to look upon the landscape and obstacles as mere hindrances to overcome, will serve one better, than to stand at the foothills and refuse to begin the journey at all.

Sincerely,

Robert R. McGill, Esquire

End Things & Federal Government Disability Retirement

The end of summer comes too quickly; the final period of a sentence; the last paragraph of a novel enjoyed with pleasurable ease; the end of an activity once started without regard to the fruition of completion. Then, there is the “other” end of things, as in a positive goal to achieve, or the end result of hard work.  In either sense of the word, there is a moment of finality, when a recognition of cessation occurs, and one cannot go on any further, as in a road which has a dead end.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition requires the Federal or Postal worker to file for a CSRS or FERS Disability Retirement claim because the medical condition prevents one from performing one or more of the essential elements of one’s job and, further, where the Federal agency or the U.S. Postal Service is unable, or unwilling, to provide an accommodation for the medical condition, the sense that an inevitable end is forthcoming leaves one with a foreboding feeling of disquietude.

Whether to preserve one’s mental health, or to get control of the angst and anxiety one is overwhelmed with, the recognition that one must do something in order to get beyond an end-state of being, is often accomplished by the “doing” of pragmatic steps. Preparing and formulating to file for Federal OPM Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under the CSRS or FERS Retirement System, is a positive step in that direction.

For the Federal employee and the Postal worker who must file a Federal disability claim, the use of the word “end” comes to the fore in both senses of the term: It likely means the end of one’s career with the Federal government or the U.S. Postal Service, but concurrently, the filing for Federal Government Disability Retirement benefits is a positive goal to attain for a specific end.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Mental Health, Stress and First Steps

Disquietude is a negation of a former state of being.  Perhaps it is merely a retrospective re-characterization or romanticization of a time or status that never was; or, maybe even a partial remembrance of a slice of one’s life measured as a fullness in comparison to what is occurring in the present.

Regardless (as opposed to the nonsensical, double-negative modern vernacular of “irregardless”), to have a sense of disquietude implies of a former time, event, or state which had a greater positive light than the present one.

And it is in this context that the Federal or Postal Worker who begins to contemplate filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is living in California, Florida, Hawaii, Kansas, Minnesota or Texas (have we effectively zig-zagged a sufficiency of states in order to make the point, yet, or perhaps we need to include Arizona, Georgia, Maine, Michigan, North Carolina and Wisconsin in order to make the point), that one must understand the greater bureaucratic involvement which one needs to undertake before engaging the complexity of the process of a Federal Disability Retirement application.

First, it is a Federal issue, and therefore, it will be unlikely that one will find, for example, a Florida Federal Disability attorney, or an Oregon, Kentucky or Louisiana Federal Disability lawyer; for, it matters not whether or not the lawyer lives in, or is licensed in a particular state, precisely because this is a Federal issue, and not a state issue.

Second, Mental Health issues — aside from being a valid and viable basis for a Federal Disability Retirement application — can either stand alone, or be in combination with a physical disability (isn’t it interesting how we bifurcate “mental” as opposed to “physical”, whereas both are part of the same physiological state of a person?).  Sometimes, mental health issues stand alone; other times, they can be concurrent medical conditions, or secondary ones.

Third, stress is a basis for a Mental Disability Retirement claim, although it must be properly and carefully approached because of issues concerning situational disabilities.

And Fourth, how one approaches the first steps in preparing a Federal Disability Retirement application, will often determine the success or failure of the disability case.

Overall, it is the plan itself, the cogency of the approach, and the gathering of the proper documentation, which will determine the efficacy of those first steps, and whether the stress, mental and physical health of one’s being, will be relieved as a result of filing for a Federal Disability claim.

Sincerely,

Robert R. McGill, Esquire

SF 3112D

OPM Standard Form 3112D: Agency Certification of Reassignment and Accommodation Efforts:

What does it mean to accommodate, and what, pray tell, constitutes an “effort” to do so?   Is the agency’s obligation to pursue avenues of reassignment or accommodation satisfied by the mere completion of SF 3112D and, if not, does the agency merely pay lip-service in its obligation, or are continuing efforts required to be actively undertaken?

If the Federal employee or Postal worker advances throughout the bureaucratic morass and finally gets an approval for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, what happens if, in the meantime, such agency efforts to continue to search for a suitable reassignment position, or a capacity to actually accommodate the medical condition, is attained?

Does a successful positional reassignment negate the Federal Disability Retirement application if such an offer of reassignment is refused by the Federal employee or Postal worker prior to an approval of a Federal Disability Retirement application?

If a Federal or Postal employee is given a temporary duty assignment, and the length of such an assignment or occupation of such a position is for an unlimited amount of time, does that impact a Federal Disability Retirement application as it sits pending a review by the U.S. Office of Personnel Management? What constitutes a legally viable accommodation? What is considered a valid reassignment?

Has the case-law, whether through the U.S. Merit Systems Protection Board or through the Federal Circuit Court of Appeals changed, altered, amended or expanded upon the concept of an accommodation or one’s right to a reassignment at the same pay or grade?

Is the issue of reassignment or accommodation as simple as SF 3112D makes it appear, or are there hidden regulatory, statutory and legal ramifications which must be carefully considered and side-stepped in having SF 3112D completed? Does the Federal employee or Postal worker who is filing for Federal Disability Retirement benefits have any input when the agency completes the OPM SF 3112D PDF Form?

These, and many more questions, need to be considered when a Federal or Postal employee, whether under FERS or CSRS, begins to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

SF 3112B

OPM Standard Form 3112B: Supervisor’s Statement:

Were it that managerial approaches were diverse, and that such differences in stylistic methodologies constituted a perfect tailoring of individual personality to a particular job at hand; then, in that event, efficiency would predominate, scandals of long waiting times would disappear, and Federal and Post Office Workers would never be tested in their penultimate entanglement with the requisite virtue of patience.  But this is the real world. This is not some parallel universe in which dreams are dictated by wants and desires, and satisfaction of personal goals are attained at a whim.

In the harsh reality of technological onslaughts and daily toils of repetitive boredom, supervisors are placed in positions of trust, often misfits in an universe of onerous regulatory requirements and mandates.  As in all sectors of society, both public and private, there are good ones and bad, competent and their opposite; caring and callous; cold, indifferent, or warm beyond a fault.  But because of the busy-ness of the world in which we live, being aware of, or having the time to care for, the problems of subordinates, is a rare trait.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition necessitates filing for Federal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, the process will require the request for completion of SF 3112B, or more commonly known as the Supervisor’s Statement. For some, it will merely be a nuisance in the mere act of requesting; for others, a chaotic turmoil of sorts, filled with angst and thoughts of retribution and retaliation.

Ultimately, however, this is where standardized forms work for the benefit of Federal and Postal employees, because of the specificity of questions posed in SF 3112B.  Yes, there are blank spaces for some extemporaneous comments; yes, attachments to SF 3112B are allowed; but the most relevant queries are merely requests for box-checking, and that is where brevity is to the benefit of the Federal employee or Postal worker.

In the end, the process of filing for Federal Disability benefits through OPM is based upon the sufficiency of medical documentation, and not what a Supervisor says or leaves out in SF 3112B.  That is why an executed methodology of a coherent strategy to obtain evidentiary support is so crucial to a successful outcome in preparing, formulating and filing for Federal Employee Disability Insurance benefits, whether the Federal employee or Postal worker is under FERS or CSRS.

 

Sincerely,

Robert R. McGill, Esquire