Federal Employee Disability Retirement: Life Choices

We all have to make them; and though we may alternatively want to curl up into a fetal position and wish the blunt world to stop bothering us, the decisions we make, and take responsibility for, reflect the state of maturity which binds us to age, experience and level of moral maturity.  It is, to a great extent, a superficial and shallow connotation and reference point; for, as the inevitability of choices to be made result from living in circumstances of our own making, so to imply that there is anything “substantive” in speaking about them undermines the very relevance of implication itself.

To live is to be confronted with daily choices; only the dead remain silent and require not the paths to pick.  Thus do mundane and pithy sayings originate.  Life is full of choices; the choices we make in life determine the future course of events yet indeterminate, but somewhat foreseen and predictable. Often, we avoid them not because of consequences untold, but for knowing the folly of our decisions.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition foretells of impending signs which the Federal agency and the U.S. Postal Service have, or will, impose and initiate, the time to begin preparing one’s Federal Disability Retirement application is “now”.  Yes, the Federal and Postal employee has up to one (1) year to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to meet the Statute of Limitations for filing an OPM Disability Retirement; but as it often takes many, many months to prepare, submit and get an approval from OPM, so the decisions we make today will have future consequences untold but foreseen if choices are not embraced in a timely manner.

Life presents many choices, alternatives, and lists of items like entrees on a menu; but in the end, the choice made means that when the plate of food arrives, a check for payment will follow soon afterwards, and it is the expectation of the price to be satisfied which should prompt and motivate any decisions of delay for the Federal or Postal Worker who intends on procrastinating in the preparation, formulation and filing of a Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS, or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Unending Cycle of Relapse

It is merely from a perspective of combined incrementalism with an admixture of hope and self-delusion that people talk about a “relapse”.  The plain fact is, most medical conditions follow a fairly predictable and linear path of progressive deterioration, with critical junctures of static chronicity, and marked by charted moments of quietude interrupted with a fury of vengeful prose.  If a business graph were to depict the pathway of most medical conditions, the ups and downs of the jagged lines would mesmerize and confuse us with contemptuous puzzlement.

We assure ourselves that we are “getting better”, when all the while we continue to ignore, procrastinate, explain and justify all of the indicators and warning signs of downward decline.  An increase in the medication regimen, explained by mere temporary need; greater pain, with reference to some minor activity recently engaged in; and so the self-justifying conundrums are thrown as explanatory deliberations, when the bodies suffer so despite the words offered as sacrificial animals to the gods of thunder.

For Federal employees and U.S. Postal workers who suffer from a medical condition, this phenomena of parsing words despite facts which fly in the face of reality, is often born of necessity and a false image of self, society and servitude to the “mission of the agency” or the Constitutionally-born importance of the U.S. Postal Service (circa Benjamin Franklin, thank you).  But health has a funny way of  defying self-justifications of ineffective prose, and poetry and thought never curtails the unending cycle of relapse, precisely because what we do to our minds, bodies and souls accounts for little when misuse and unintended abuse prevail.

For the Federal employee and the U.S. Postal worker who fails to make one’s health a priority first, then all other considerations of secondary import, the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, often becomes a victim of such unending cycle.

To suffer a “relapse” is merely an attempt to justify that which the body or mind was merely telling you all along.  Yes, sometimes the quiet whispers in the deadened silence of night can be ignored and disregarded; but it is those haunting quietudes which perturb and disturb despite our best efforts to ignore, which roar back to engulf us when least we expect.

Sincerely,

Robert R. McGill, Esquire

 

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

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