Disability Retirement for Federal Workers: Detracting Deviations

Multi-tasking is a glorified term for describing an ability to competently engage and perform more than one task at a time.  It was once encapsulated in the query:  “Can he walk and chew gum at the same time”?

In the modern age of technology, it has become accepted as a given that such variations of task-tackling is a necessity and conveys evidence of competence.  For, in a world beset with smart phones, computers, laptops, iPads, etc., where the implosion and delivery of information at an instant’s request and access through the push of a button is commonplace, the capacity to respond quickly and sufficiently are considered marks of competent survivability in today’s world.  But there is a growing body of medical evidence that undisciplined response to texting and other forms of technological communication stunts that part of the brain activity which is essential for judgment, focus, attention-span, etc.  The ability to stay focused and not deviate from a singular course of action is also an important tool — even in this day of multi-tasking necessity.

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 a necessary component in compiling a successful disability retirement application, to convey an effective case of proving, by a preponderance of the evidence, that nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s job.

Undisciplined deviation may accomplish a thousand tasks, but if the primary pipeline bursts because a main line was overlooked, such deviation from the primary purpose will have been for nothing.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Workplace Issues

The reason why workplace issues, whether having any relevance in a Federal Disability Retirement application or not, continue to be insidious in their persistent appearance and stubborn insistence upon dominating an Applicant’s Statement of Disability, is because they are often perceived to be the originating cause (or so it is often thought to be by the Applicant who is preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS) of a medical condition.

Whether the age-old question of the “egg before the chicken or the chicken before the egg” is answered, and in what way, is often the wrong approach to take.  More often than not, when a medical condition begins to progressively deteriorate a Federal or Postal employee’s health, and the impact upon one’s ability/inability to perform the essential elements of one’s job begins to manifest itself to supervisors, coworkers, managers, etc.; at about the same critical juncture, harassment — or the perception of harassment — begins to occur. Such workplace issues then begin to exponentially quantify and exacerbate, feeding onto each other:  the workplace issues begin to exacerbate the medical condition; the stress-levels rise; soon thereafter, agency efforts to protect itself begin to get triggered — counseling letters on leave usage, sick-leave restriction, placement of a Federal or Postal employee on AWOL, 14-day suspensions, placement on a PIP, all begin to erupt.

The key in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, however, is to have the self-discipline to identify which workplace issues are relevant to bring into the arena of an OPM disability retirement application. Discipline in such matters is a difficult measure to undertake; however, it is a critical step to recognize and initiate, bifurcate and separate, and where irrelevant, to excise and discard, when preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The “Mixed Case”

The “Grab-bag” approach of annotating every medical condition on an Application for Federal Disability Retirement should be distinguished and differentiated from a “Mixed-Case” approach.  The former contains some unintended consequences (i.e., of being approved for a minor medical condition), while the latter is a formulation of multiple medical conditions, any one of which may be a basis for a Federal Disability Retirement application, but the combination of which will strengthen the case as a whole. 

By “Mixed-Case” does not necessarily include a mixture of psychiatric and physical conditions (although it might); rather, the conceptual term which is used here is meant to be a compendium of the primary medical conditions from which a Federal or Postal worker suffers, along with a descriptive narrative of the symptoms which are manifested. 

By preparing, formulating and completing an Applicant’s Statement of Disability (SF 3112A) in this manner, it satisfies the concerns which lead to the “Grab-bag” approach, but prevents the danger of having a Federal Disability Retirement application approved based upon a “minor” medical condition, by conceptually differentiating between diagnosed medical conditions v. symptoms, while at the same time including all of the medical conditions relevant to one’s Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Stress & Exacerbated Medical Conditions

Often, the generic designation of “stress” is the underlying medical condition; other medical conditions can exist, and perhaps are exacerbated by the underlying condition of “stress” — or, at least that is the suspicion, both by the Federal or Postal worker who is suffering from such conditions, and (hopefully) understood by the treating medical doctor

While failing to have direct causal linkage, the situation often arises where the chronic medical condition may have periods of remission, followed by severe episodes of unrelenting exacerbations.  The problem with such medical conditions in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, is that the medical condition must prevent one from performing one or more of the essential elements of one’s job, and such a condition must last for a period of 12 months or more. 

Medical conditions which “wax and wane” (OPM’s favorite description of Fibromyalgia) and are “not severe enough to preclude an individual from the workplace altogether” (another of OPM’s favorite descriptive rationalizations for denying a Federal Disability Retirement application — which is legally inconsequential and a mis-statement of the laws governing Federal Disability Retirement) — present a special challenge in preparing, formulating and filing a Federal Disability Retirement application.  However, even a challenge such as “stress” and a secondary medical condition which is exacerbated for episodic periods, is one which can be overcome, and successfully overcome. 

The fact is that the focus is often misplaced.  Instead of asking the doctor to focus upon each individual medical condition, it is the wiser route to have the doctor discuss all medical conditions in their totality, and show that the complex interaction of the primary and secondary medical conditions together prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Influences

The fear that failure experienced in one path & process will impact and influence another process is one that is often of concern.

When a Federal or Postal employee files for Federal Disability Retirement benefits under FERS or CSRS, there are often concurrent and parallel paths which are undertaken — whether it is concurrently filing for OWCP (Worker’s Comp) benefits; SSDI (which is a requirement under FERS, anyway); a third-party personal injury claim; application for unemployment benefits, etc.  And then, of course, there are EEOC Complaints which may be filed; collateral lawsuits, and other administrative and judicial processes which may be entered into in parallel fashion.

Do any of these other processes impact or influence a Federal Disability Retirement application under FERS or CSRS?

Fortunately, Agencies are like uncoordinated hands appended to multiple personnel with different brains and different neurological centers; rarely do they communicate with each other.

Even assuming, however, that some sort of communication does occur, because the applicable laws and criteria which govern each independent administrative process is different from each other, it is rare that a denial in one administrative process will adversely impact a Federal Disability Retirement application for a Federal or Postal employee under FERS or CSRS.  Imagine that — Federal agencies not coordinating with each other.

Sincerely,

Robert R. McGill, Esquire