Federal Disability Retirement: Peripheral Vision

Something catches one’s notice; perhaps an odd movement, a dotted color scheme of minute origins and insignificant except in contrast to the toneless surroundings; or, because of a survival instinct still active from a forgotten history of evolutionary need, a signal of caution that danger may be lurking.  The eyes shift; the attempt to focus upon that which was noticed through one’s peripheral vision, is suddenly lost forever.

No matter how hard you try and focus upon that which seemed perceptually evident, but somewhat indistinct, where one’s peripheral vision caught a moment of certainty, but now the direct visual assault is unable to locate that which existed outside of the parameters of the obvious.  As much in life is an anomaly which can only be adequately cloaked in metaphors and analogies in order to reach a semblance of understanding and comprehension, so the loss of that which existed on the edge of perception can never be understood, where directness fails to hit the target, but indirectness does.

Much of life is like that; we think we have it all solved, or under control, when suddenly chaos and the abyss of timeless disruption overtakes us.  Medical conditions have a tendency to do that.  It is, to a great extent, a reminder that our souls are not the property of our own selves, but only on borrowed time, to be preserved and valued through a course of time within a boxed eternity of complex circumstances.

For Federal employees and U.S. Postal Service workers, when a medical condition hits upon the very soul of one’s being, and begins to prevent one from performing one or more of the essential elements of one’s ability to perform the positional duties of the Federal or Postal job, consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

The beauty of life can be missed entirely if the focus is always upon the directness of existence; sometimes, we lose sight of the obvious when we fail to prioritize and organize the conceptual constructs given to us in a world of color, light and blazing conundrums of caricatures.  A medical condition is a trauma upon the body, mind and soul; continuing in the same directed assault upon life, without pausing to change course, is the worst path one can take.

Filing for Federal Disability Retirement benefits is an option which allows for reduced stress, potential future security, and time acquired in order to attain a plateau of rehabilitative peace.  It is a benefit offered to all Federal and Postal employees who have met the minimum requirements of Federal Service. That once forgotten art of perceiving beauty in a world of concrete and ugly structures of septic silliness; it is often the peripheral vision which catches a glimpse of life, and not the monotony of mindless work forging ahead in a blind alley of repetition.

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 FERS Disability Retirement application.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Disability Retirement from the U.S. Office of Personnel Management: Concurrent Actions

Idioms often convey an underlying truth recognized and identified by a specific culture or population; they are statements from an experiential aggregation of similitude, based upon a shared set of values.  The phrase, “When it rains, it pours”, is easily a recognizable idiom; that when things go wrong, multiple wrong things tend to occur altogether, all at once.  It is somewhat of a tautology, as when “X is Y, X are Ys”.  But it is in the very pluralization of the outcome which makes the differentiation significant.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, the engagement of the administrative and bureaucratic process of preparing, formulating and filing for FERS Disability Retirement benefits rarely results in a vacuum.

Often (or perhaps one is forced to begin with the prefatory clause, “All too often”), the long and complex history of harassment, complaints, formal complaints, grievances, lawsuits, EEO filings, etc., precede the filing of a Federal Disability Retirement application, thereby complicating one’s Federal Disability Retirement application with much baggage, historical aggregation of enmity and acrimony, and creating a simple set of causal facts into a convoluted compendium of complexities.  All of a sudden, the soft sounds of rain turn into a downpour of ferocious flooding.

In such cases, in formulating one’s Federal Disability Retirement application, it is important to bifurcate the compounded complexities, and to simplify, streamline and segregate.  From the viewpoint of the U.S. Office of Personnel Management, the very agency which receives and decides upon all Federal Disability Retirement applications, the mixing of concurrent actions and issues merely complicates matters.

As we all do, we would prefer to hear the soft patter of rain, and not the thunderous mess of a downpour.  Even the plants in the garden recognize that.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: Process versus Substance

The emphasis and magnified focus upon process-issues as opposed to the underlying substance of an endeavor is often misplaced; yet, the problem is, if one ignores the former, the latter may never reach fruition because it may never arrive at its intended destination.  The question of balance between the two is an important one; for, the greatest of ideas may have historically vanished not because the idea itself was one lacking in value, but rather because it never received the sales pitch which effectively presented itself into the stream of commerce.

Similarly, in a Federal Disability Retirement application, whether under FERS or CSRS, through the U.S. Office of Personnel Management, while it is important to understand the administrative process of the “nuts and bolts” of filing (i.e., who does it go to; which form is completed by whom; how long does it take at point X; what happens after destination Y, etc.), it is preliminarily of relevance to get the substance of the application in order (i.e., the proper medical report with all of the essential elements in place; one’s statement of disability which addresses the issues of concern to OPM; any legal arguments and invocation of precedent-setting arguments, etc.).

Process gets us there; substance is the “that” which gets there.  If there is no “that”, it will be no use for the “there”; and, conversely, if it never gets there, it will not make a difference.  Ultimately, however, while both are of importance, it is the substance of the case which makes the difference, and the focus should be upon that substance before one’s attention is placed upon the vehicle of delivery.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Muddle of a Myopic Focus

Focusing upon a singular aspect of an issue, and failing to comprehend its limited import and relevance within the greater context, is a pitfall which many fall into.  It is tantamount to having a myopic condition — where one’s nearsightedness prevents one from having the capacity to focus upon anything beyond those within one’s easy reach.

In a Federal Disability Retirement application, filed through one’s agency (if one is still a Federal or Postal employee, or if separated, such separation has not occurred more than 31 days) and ultimately forwarded to the U.S. Office of Personnel Management (or, if separated from one’s agency for more than 31 days, directly to the Office of Personnel Management in Boyers, PA), whether under FERS or CSRS, it is important to approach the preparation, formulation and filing of one’s Federal Disability Retirement application with a larger view than to discuss issues of limited relevance.

For example, when a Federal or Postal employee is embroiled in an adversarial and contentious process with one’s own agency, or a supervisor, it is often reflected in the Federal Disability Retirement application via a tirade of specific descriptions concerning harassment, workplace hostility, etc.  While such descriptions may be relevant for purposes of an  EEOC claim, it has very little significance for one’s Federal Disability Retirement claim.

Keep the essence of a case at the forefront:  Medical issues; impact upon one’s ability/inability to perform the essential elements of one’s job.

All myopic conditions need correction; properly prescribed glasses to keep one’s focus may be a necessary expense.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Causation Irrelevancy

Causation and the issue of causality involves the occurrence of X as a result of an action Y.  There are direct causes, intermediate causes, interceding causes, etc., which concern whether or not an immediate linkage can be established between the action Y and the effect X.

Thus, if the white billiard ball strikes the Number 7 ball, and the latter moves forward, we say that X (the white ball) caused Y (the Number 7 ball) to move.  On the other hand, if the rooster makes its traditional cry at 7 a.m. as the sun is rising, and does so only when the sun rises, we may informally say, in an imperfect sense of causation, that “because” the sun rose, the rooster crowed.  We rarely ascribe a direct cause between X and Y, however.

For OWCP/Department of Labor cases, causation is a relevant and significant aspect of proving a case — for, in a FECA case, one must prove, as one of the elements of eligibility, the fact that the injury was “caused” by the job, while on the job, while related to the job, etc.  A significant amount of time is thus expended in proving the issue of causality in a Department of Labor, Office of Workers’ Compensation claim.

For FERS & CSRS Disability Retirement cases, however, under the auspices of the U.S. Office of Personnel Management, causation is not an issue.  A Federal or Postal Worker can be injured while on vacation; he or she can have the injury while at work, and concurrently (or sequentially) file for OWCP benefits and OPM Disability Retirement benefits; or the injury or medical condition can simply “occur” during his or her tenure with the Federal government.

In any and all events, it is essentially an irrelevancy.  The issue is not “how” it occurred; rather, the point is to show that, once occurred, in what manner does it impact one’s ability to perform the essential elements of one’s job.

While causation in a FERS or CSRS Disability Retirement application may be of some historical interest, it should not be a central focus of any applicant’s statement of disability.  To do so would be to make a peripheral issue a central one, and conversely, to allow for the central issue to become less focused.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Undue Focus upon Minutiae

It is like the story of the man who rushes in breathlessly and declaratively warns others of the impending tornado, and with only minutes to spare, he is stopped and asked, “But will we still be able to watch our evening shows?”  The focus upon relevant details; of the “larger picture“; of logical and sequential sets of facts, as opposed to getting irrelevant information correctly stated, is often a problem in writing effectively.

The ability to use discretionary choices in separating factually important descriptions from those which are tertiary at best — will result in having the reader focus upon the essential aspects of one’s presentation, in any context or forum.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is vitally important to separate and bifurcate that which is primary in importance, that which is secondarily of relevance, and those factual minutiae which, even if left out, will make little or no difference to the substantive content of a Federal Disability Retirement application.

Often, Federal and Postal employees who suffer from severe psychiatric conditions will unduly focus upon minutiae which, in the context of their medical conditions, are exponentially quantified in magnified importance beyond reason or rationale.  One must understand that such is the very nature of the psychiatric condition itself; but recognizing it as such, and trusting in the wise counsel and advice of one’s attorney, is the best first step in making sure that one’s Federal Disability Retirement application will have a fighting chance for an approval.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Substance and the Spaces in Between

The philosophical conundrum involving the ability to distinguish between dreams and reality, rests upon a fundamental confusion on the part of the thinker:  one would not be able to discuss the concept of dreams, unless there is first a presumption about reality.

The fact that we can discuss whether or not X is a dream, is precisely because there is already a pretext of a reality.  Similarly, in almost every other area of conceptual discussions:  appearance versus reality; essence versus the peripheral; and multiple other instances.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to stick to the “substance” of one’s claim, lest the verbiage and the spaces in between detract and confuse the Case Worker at the U.S. Office of Personnel Management.

Issues which lead one away from the essence of a Federal Disability Retirement application, such as anger at a supervisor; a rant against the agency; undue focus upon the hostile environment created by the agency; all of these can seem as real as the reality of a dream; but however real a dream may appear, one awakens, and the reality of the real world suddenly forces itself upon us.

In a narrative telling of one’s disability and its impact upon one’s life, it is not the “spaces in between” which tell the story; it is the story itself.  Thus, all roads should lead back to the essence of one’s narrative:  the medical condition, and how that condition prevents one from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Simplicity of the Case

The initial telephone inquiry often involves an apologetic explanation that one’s particular Federal Disability Retirement case “is a very complicated one which involves…”  Then, of course, there is an extensive history of events.  But complexity is often made so because of the lack of understanding of what direction the Federal or Postal employee must pursue in order to obtain an approval from the U.S. Office of Personnel Management, and it is assumed that the reason why the Federal or Postal employee contacts an attorney is to unravel and unscramble the complications which were created precisely because of such lack of understanding.

Remember that in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the bundle of complexities was created, more often than not, because of an admixture of agency issues, a history of adverse contact between the agency and the Federal or Postal employee, coupled with the rise of medical issues and their impact upon one’s ability or inability to perform all of the essential functions of one’s job.  As such, it is the job of the attorney to focus the Federal or Postal employee upon the foundational “essence” of a Federal Disability Retirement case.

Whether it is to “cut to the chase”, or strip away any peripheral issues to get to the “heart of the matter”, or whatever other pithy niceties which may be applicable, it is the job of the attorney to set aside the complexities, and simplify the process in order to obtain a Federal Disability Retirement approval for the Federal or Postal worker suffering from a medical condition which prevents him or her from performing one or more of the essential elements of his or her job.

Sincerely,

Robert R. McGill, Esquire