OPM Disability Retirement: The Semblance of Joy

Happiness is but a fleeting moment; satisfaction is but the natural result of completion; but joy, that is a tincture derived from the depths of one’s soul.  Perhaps there is an element of word-play; how we define levels of emotional states of being can depend upon the contextual usage of each conceptual construct, and in the end it is how we have described a given set of circumstances, based upon our personal experiential encounters and what sense of being we perceived at the time.

Beyond the veil of words, casting aside the layers of callouses which we have carefully built up over the years in order to survive the daily onslaught of venom in this world lacking of empathy or cooperative caring for one’s fellow human being, it is when a traumatic event suddenly befalls us that the true state of our souls becomes apparent.

Medical conditions have a tendency to magnify the reality of our state of existence.  Suddenly, perspectives become skewed; realities once depended upon appear suspicious; and we begin to lie to ourselves and take on a semblance of joy.  Why is that?  Is it because we fear the truth of human cruelty?  That despite all of the allegedly cultural advancements and technological innovations we pride ourselves about, the truth of our evolutionary baseness has never changed:  the vulnerable are merely meals for the predator in waiting.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such a state of affairs is nothing new.  Agencies begin to pile on; coworkers shun; supervisors increase the level of vitriol and punish through administrative sanctions and progressive pressures through threats and intimidating language; and, all the while, the dedicated Federal or Postal worker must suffer through with limited options and constricted avenues slowly being blocked and cordoned off as restricted zones no longer open, where once the brightness of tomorrow promised the world.

For Federal and Postal employees finding themselves in the untenable position of having a medical condition, such that the medical condition is preventing him or her from performing one or more of the essential elements of one’s job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

When once the Federal or Postal worker comes to a realization that the bet upon happiness cannot be placed upon one’s employment or career, and where satisfaction is no longer a possibility with the mission of an agency; when the exhaustion and fatigue of hiding behind the semblance of joy begins to constrict and close in, like the human figure behind a Noh mask covering the claustrophobia of existence; then, it is time to consider taking on the long road of preparing, formulating and filing for Federal Disability Retirement benefits, whether you as the Federal or Postal employee are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Form SF 3112C and the Sufficiency of the Physician’s Statement

Confusing necessity and sufficiency is always a precarious matter. That which is necessary may not be sufficient for a given purpose, and failure in understanding such a fundamental distinction can be fatal to a Federal Disability Retirement claim.

SF 3112C requires that a physician complete and provide essential medical information in the pursuance of a Federal Disability Retirement application. The form itself — SF 3112C — is the vehicle by which the medical documentation is obtained. It is “necessary” in the sense that SF 3112C delineates a guideline of the type of information which is needed in order to become eligible for Federal Disability Retirement benefits.

The form itself — SF 3112C — however, is to a great extent irrelevant (although, the U.S. Office of Personnel Management has recently required that a signed SF 3112C be included in the final Federal Disability Retirement packet, despite SF 3112E clearly stating that an “equivalency” of the form would satisfy the lack thereof, as in the attachment of the medical documentation itself), and it is instead the medical documentation through which SF 3112C is obtained, which is what is important.

Regardless, while the OPM SF 3112C constitutes the vehicle, is necessary, but is ultimately irrelevant in and of itself, it is a necessary form to the extent that it mandates the delineation of what information is required for eligibility and entitlement to Federal Disability Retirement benefits.

Will following the guidelines in accordance with what SF 3112C states, result in a successful OPM Disability claim? That is the question of “sufficiency”, as opposed to “necessity”.

Over the years, case-law and statutory interpretation and expansion of Federal Disability Retirement laws have greatly altered the landscape of a Federal Disability Retirement claim. SF 3112C is the vehicle of necessity, although the form itself is an unnecessary one. The greater question is whether it is sufficient to meet the legal weight of preponderance of the evidence, and that question must ultimately be answered by questioning the efficacy of the form itself.

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

 

Context, Content and Vacuums in Federal Employee Disability Retirement Applications

Vacuums constitute space devoid of matter.  In the practical world, the mechanical tool used for removal of unwanted substances merely moves matter from one location to another; in theoretical physics, one encounters complex conceptual discussions which will often involve comparative analysis of partial vacuums in relation to pure vacuums.  Discussions involving vacuums, where a proper context is important in understanding the relational significance of subjects focused upon, and the incomprehensible vacuity of meaningless occurs when conceptual connections are lost because context and substance lose their connective importance.

In the context of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, too much focus and attention upon peripheral matters, outside of the context of medical conditions in their relationship to positional duties and essential elements of one’s Federal job, will often create a vacuum of significance.

Context is always important; but the extent of detail required, and necessity of issues to be discussed, and the quantitative value of documentation and evidence submitted, may well prove to attain an opposite effect from the one intended. Unintended consequences resulting from intended actions are to be expected in daily life; but where one has decided to pursue an administrative and bureaucratic process where submission of the evidence can be thoughtfully controlled, it is always important to coordinate the relationships between context, content and vacuums.  The descriptive context of an OPM Disability Retirement application; the substantive content of the evidence to be submitted; and the vacuum created by placing evidence in one part of the Federal Disability Retirement application but leaving it omitted from another, results in the intended whole of an effective Federal Disability Retirement packet.

All Federal Disability Retirement applications are filed through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, and because the agency which reviews, approves or denies a Federal Disability Retirement claim is different from the one which originates with the source (with the exception of the injured Federal Employee who actually works with OPM, which can of course happen and has happened), it is important to consider the connective relationship between context, content and vacuums created, both in practical life, in theoretical physics, as well as in the preparation, formulation and filing of a CSRS or FERS Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Paradigm Shifts and the Federal Employee Disability Retirement System, an Option That Was Always There

Paradigms are meant to shift.  A non-shifting paradigm means that there is an inherent and entrenched belief system which refuses to accommodate changes.  Certain principles can retain such intractable resistance; deeply-held systems based upon historical convention, customs and cultural foundations should never be discarded without a rational basis; but to hold on to a set of beliefs without a foundational methodology of defending the very core of a system, is to merely do something out of habit.  And that is the point, isn’t it?  Actions based upon habit for habit’s sake, are mere thoughtless and unjustified movements.

Work often becomes such an unprovoked endeavor; for, to engage in mindless, repetitive modalities, provides a semblance of security and safeguards.  Then, when a medical condition interrupts one’s life, you begin to miss the mundane.  For Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to impact one’s capacity to perform the essential elements of one’s job, the yearning for that time before when the monotony of repetitive work provided the assurance of routine and repose, begins to magnify with exponential significance.

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, should always be an option.  If one pauses because the paradigm which one operates under has become intractable and entrenched, it is time to consider a paradigm shift.  It is not only in science that paradigm shifts are necessary; and, indeed, Thomas Kuhn’s contribution to the historical perspective of scientific progression has taught us much, both as to disciplines, as well as for individuals.

The shifting of one’s own paradigm may be the first important shift in making a proper decision concerning the preparatory steps in filing for Federal OPM Disability Retirement; and that is the key, both in science, and in one’s own personal life and endeavors.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Preparation

Observing competence in action often results in the disarming effect that all endeavors are easy and effortless, and that the price to be paid, the admission fee for fame, is merely based upon luck, whom you are associated with, or what school you attended.  And while it may be true that meritocracies are fading into the oblivion and sunset of historical anachronisms, and the new and acceptable approach to societal fairness is to implement the distribution of wealth via Piketty’s proposed paradigm in his compendium work, Capital in the Twenty First-Century; nevertheless, there are some things which one must still prepare for, and formulate a road-map for a successful outcome.

GPS devices tell us what to do, where to turn, how many miles the journey will take; administrative and bureaucratic facets of life still lack any such electronic directional voices.  For Federal and Postal employees who must consider the reality of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the reality of preparation must be faced and confronted.  Preparation must involve: obtaining effective medical reports (how does one go about doing that?); what are the legal parameters which increase the chances of a First-Stage successful filing (is this based upon the law or some other factors?); what are the procedural steps which must be adhered to (is there a sequence to be followed, or can one approach the process through multiple avenues and tentacles simultaneously?).

The fact that one pays a single admission fee to watch a symphony or ballet does not mean that players perform based upon the singularity of the fee; that would be an absurdity. Preparation constitutes multiple actions behind the curtains, far in advance of the final performance displayed for the seated audience. It is up to the Federal and Postal employee to go backstage before the performance begins, and to unravel the hidden devices, the invisible threads, and the wizard behind the proverbial curtain.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Suspect

Newspaper stories are replete with articles involving scams, dishonesty and crimes of financial improprieties; that is not surprising, given the nature of what constitutes “newsworthiness”.  Fraudulent claims involving disability applications are trumpeted loudly to reveal the disintegration of a system requiring structural integrity.  Of course, no one makes the distinction that such claims of fraud almost always involves the “other” disability system, and not the option available to Federal and Postal employees through the U.S. Office of Personnel Management, whether under FERS or CSRS.

Just as all politicians are lumped together, so the aggregation and broad-painted brushing of anyone receiving a “disability” annuity is to be expected.  But Federal Disability Retirement is a different animal from the “other” disability system, and with good cause:

First, Federal and Postal employees do not file for Federal Disability Retirement benefits until and unless it becomes a necessary option to take.  The general public cannot have it both ways: on the one hand, they complain that Federal and Postal employees have it “easy” with their Federal or Postal jobs; on the other hand, they grumble that receipt of Federal Disability Retirement benefits is taken advantage of by unscrupulous Federal and Postal employees. But if the employment itself is so easy, why would the Federal or Postal Worker take a lesser income by filing for Federal Disability Retirement benefits?  The fact is that most Federal and Postal employees work hard, and well beyond their rate of compensation, in furthering the mission of their agency or department; and filing for Federal Disability Retirement is the furthest thing from the mindset of a Federal or Postal employee.

Second, because of the reduction of income accorded by an approved Federal Disability Retirement, many Federal and Postal employees must go out and seek employment in the private sector.  Yes, they can continue to receive the disability annuity so long as they remain under 80% of what the former Federal or Postal position currently pays; and yes, the combination of both the annuity and the employment income can aggregately comprise more than what the former Federal or Postal position was paying; but that is the very attractiveness and intelligence of the incentivized system. It encourages the Federal and Postal Worker to remain productive, and to “pay back” into the system. In essence, it is a self-paying enterprise.

And, Third, because Federal Disability Retirement recognizes that the disability is tied to a particular kind of job, there is very little room for abuse within the system.  One is encouraged to remain productive, and such an incentive allows for the system to remain economically viable.

In these difficult economic times, people are often afraid of considering filing for “disability” benefits; but for Federal and Postal employees who have given their time, life and (often) health in the pursuance of an agency’s mission, being treated like a “suspect” in a broadly-painted indictment is not only unfair, but reprehensible.  The Federal and Postal Worker has nothing to be ashamed about, and the fact that the general public may harbor some hidden resentments during these trying economic times, is merely a reflection upon the often petty nature of humanity, and not a true gauge of the work ethic of Federal and Postal employees throughout the country.

Sincerely,

Robert R. McGill, Esquire

 

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