The Balance of Relevance during the Preparation and Filing of an OPM Disability Retirement Application

Extraneous information is somewhat determined by the eye of the beholder; outsiders tend to view things differently from those who hold greater and more intimate knowledge through interconnected and intersecting relationships; and implied understandings, furtive glances and knowing stares, coupled with a wan smile, are often indicative of an intramural web of knowledge.

Looking to move into a neighborhood, one may drive through an area and see the pristine cut of well-manicured lawns, but it says nothing about the inner workings of friendliness or neighborly misgivings.  What we consider as relevant information in order to make a proper decision, is determined by the goal which is sought, and the means which must be employed to direct that purposive end.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition determines the necessity of filing for Fed OPM Disability Retirement benefits through the U.S. Office of Personnel Management, the need to compile the compendium of relevant information, while including factual context and peripheral issues, must be evaluated and analyzed from the perspective of the “other” — the administrative specialist who will be reviewing the Federal Disability Retirement application at the U.S. Office of Personnel Management.

In any form of writing, there must always be a striking of a proper balance between information which constitutes the essence and core of a compilation, and the necessary contextual background which provides the guiding light of a directed narrative.  But some information, far from being mere extraneous narration, can actually undermine one’s stated goal.

Just as letters of bygone days and emails in modernity should never be sent in a fit of anger, so the temperament of retribution should be controlled in preparing, formulating and filing for Federal Disability benefits through OPM, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Orchestration

The quality of a piece of music is defined by sound and silence.  It is the former which is focused upon by most individuals; it is the importance of the latter which is ignored, precisely because the negation of X is never recognized as X until and unless its existence is suddenly lacking.  Silence — that momentary pause which allows for sound to pass by in waves of sonorous beauty — is the untouched beach combed by the lapping waves of quietude.

The orchestration of combining each entrance of every instrument, at the precise moment, preceded by pauses of silence, and tapped by the conductor with precision and sensitivity, is the core of a brilliant musical performance. But orchestration embraces such beauty of composition in all walks of life — from the predator silently creeping to pounce upon its prey in the footprints upon grounds which give way with a flicker of silence or sound, allowing for alerting the victim or not; to the composition of a breathtaking novel in coordinating characters, scenes and descriptive metaphors; the ability to coordinate the complexity of singularities into a cohesive whole is the art of orchestration.

And so it is in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS. Federal Disability Retirement may seem to be a purely administrative endeavor which has no connection to the beauty of musical orchestration; but it is in the cohesive adherence of law, statement of facts, and procedural preparedness, that the invisible thread of creativity must come to the fore.

One’s Statement of Disability, standing without the law, is insufficient; the argument of the law, without the medical foundation prepared, is merely a hollow voice of reason; and the lack of creating a bridge between one’s medical condition and the positional requirements and essential elements of one’s job, leaves an abandoned castle surrounded by a dangerous moat.

Metaphor is a key to understanding complexities of life; for the Federal and Postal Worker who needs to file for Federal Disability Retirement benefits under FERS or CSRS through OPM, the orchestration of life’s complexities may require a conductor who guides the instruments toward a successful outcome in the preparation, formulating and filing of a Federal Disability Retirement application, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: Searching for the Proper Balance

Herbal tinctures have become popular in recent times, as primary reliance upon pharmacological solutions characterized by the paradigm of traditional medicine has resulted in explosions of naturopathic alternatives.  But the proper balance and admixture of alcohol with the substantive extracts from medicinal plants is important in arriving at an effective solution; too much alcohol will merely result in having a potion without efficacy; too little, and the bitter taste will invite gastrointestinal convulsions.

It is always the search for the proper balance for everything in life which one seeks, and preparing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management (routed via one’s agency personnel office if the Federal employee or Postal worker has not been separated for more than 31 days), and whether the Federal or Postal employee is under FERS or CSRS, is no different.

Whether it is the medical documentation attached — the extent of detail, the volume of records, the content of history and surgical procedures, how far back, etc. — or one’s Statement of Disability as narrated on SF 3112A, the roadmap which one provides to the U.S. Office of Personnel Management is important in presentation for ease of readership, clarity of direction, and convenience of content-viewing by the Legal Administrative Specialist who will be reviewing, analyzing and evaluating the proper balance of one’s Federal Disability Retirement application.

Then, of course, there is the problem of what happens if a Federal OPM Disability Retirement application is denied at the First Stage of the process; for, it becomes all the more crucial to rebut, reply and reinvigorate one’s OPM Disability Retirement application with all of the admixture of legal tinctures, somewhat like the witch doctor who tries different potions and knows which elements will result in a fiery brew of healthy, bittersweet taste of success.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Preparatory Steps

Every excellent endeavor requires preparation, whether in purchasing the proper ingredients, of establishing and entering into a proper mental state of mind, or perhaps in performing preliminary stretching exercises to enhance muscular flexibility and loosening for rigorous physical activity.

Lack of preparation is not a necessary prerequisite for success, but it may well be a sufficient basis of failure.  In logic, the conceptual distinction between that which is “necessary”, as opposed to what is “sufficient”, is an important bifurcation of causal implications.  That which is sufficient, may not be necessary; and that which is necessary, may not alone be sufficient in reaching result X; but the combination of sufficiency and necessity will cause X to be achieved.

Thus, adequate preparation alone may be necessary for the best possible outcome, but it may not be sufficient; and, conversely, the utmost of preparation may be sufficient to accomplish a task, but it may not have been necessary all along.

In preparing to formulate and compile a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always a good idea to engage in the fullest preparatory tasks before filing for the benefits.  Not every act of preparation may be sufficient, but most are necessary; and while even the necessary tasks may not constitute sufficiency, it is the compendium of aggregated causal linkage which will ultimately ensure the greatest potentiality for success in the endeavor.

Logic aside, one will never be harmed by the extent of preparation.

Preparation for obtaining the best possible medical report; preparation for formulating an effective statement of disability; preparation in establishing the causal connection between the former and the latter; all of these are necessary for a compelling Federal/Postal Disability Retirement application, and in most cases, will establish a sufficiency which meets the legal criteria for eligibility for Federal Disability Retirement benefits, whether under FERS or CSRS, for the Federal and Postal employee.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Preparing for the Process

Every endeavor or activity requires preparation — if merely a thought, but more than likely, the gathering of proper materials, a logistical and strategic plan of action, etc.  There is nothing more frustrating than to begin a project, only to find that one lacks the proper materials and tools, and must delay any further action because of such lack.

Similarly, 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 important for the Federal or Postal employee to understand that “having a medical condition” is not enough to endeavor to begin the administrative process (some would instead insert the term, “nightmare” for the word “process”).

While the suffering of the chronic or debilitating medical condition may “feel” like it should be enough, filing for a bureaucratic benefit requires proof which meets a set standard of evidentiary documentation.  In other words, one must establish a “nexus”, or a connection, between the medical condition which one suffers from, and the job which one is positioned for, and moreover, one must always keep in mind that this is a “medical retirement“, and as such, it must be established that one is no longer able to perform one or more of the essential elements of one’s job from a medical standpoint.

It is indeed the preparatory phase of the journey into Federal Disability Retirement which will provide the foundation for ultimate success in the endeavor.

Just as you don’t want to build a house without first having the appropriate construction materials; so you don’t want to go down the path of Federal Disability Retirement without having the requisite medical and legal tools in hand.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Extensive Evidence

When first encountering the vastness of the sea, the young child pointed to it and said to his father with a breathless sense of wonderment and awe.  “It’s like a big swimming pool,” the child said.  “It won’t taste like one, though.  And do you see the waves?”  The boy stood in silence.

The mystery of the world, its infinite puzzlement, in contrast to man’s vain attempt to artificially recreate a semblance of its beauty, revealed itself to the child’s uncorrupted eyes.  Only a child whose first encounter with creation could see the true nature of being; the rest of us, compromised by age, cynicism and self-indulgence, would forever be blind to its breathless scope of beauty.

Such a slice of life story is meant to illustrate the distinction between substantive extensiveness, and a smaller version thereof, in preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, from the U.S. Office of Personnel Management.  Volume of evidence (i.e., likened to “the ocean”) can be persuasive; yet, if it is merely an elaborate pool, then lack of substance may undermine its own efficacy.  On the other hand, a short but “to-the-point” medical report may be very effective, precisely because it is exactly what it was meant to be:  without much fluff, the doctor is unequivocal in his or her medical opinion.

The point throughout is that there is never a science in the compilation of proof in formulating an effective Federal Disability Retirement application.  Or, to put it another way:  don’t try to recreate something which cannot be copied; sometimes, the evidence is what it is, and how one presents the evidence will make all the difference.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: The Measure of Success

What constitutes a compromise from perfection?  The ultimate goal is to attain the height of any endpoint, but at what juncture does one declare a level of satisfaction and determine the necessity of submission?  In any endeavor, one attempts to formulate in the best manner possible.  However, practical considerations — of time constraints, the products which one must work with, and the coordination of efforts with others, all must be taken into account into coming to a completion and fruition.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must always understand that the preparatory stage of the process must take into account the pragmatic issues which come up — the extent of time a doctor will take in preparing a Medical Narrative Report; the constraints imposed by the duties of one’s position description; and, of course, time constraints of filing a case in a timely manner.

Formulating one’s Statement of Disability is what often makes the Federal or Postal employee hesitate, as well it should, precisely because the level of perfection which should be reached is important.  This is where the description — the “nexus” — between one’s medical conditions and one’s positional duties, must be described and delineated in such a manner that it is compelling, effective, persuasive and measured by accuracy.  It is the difference between having a professional driver in the seat of a stunt car, and one who has never tried it.

Perfection is a goal; it need not be reached, but the measure of success of often determined by how close one gets to it.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Understanding & Application

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 important to both “understand” the administrative process — the compendium of the entirety of the process and procedures itself, including the relevant statutory and case-law criteria which is relied upon, the methodological approach of the Office of Personnel Management, etc. — as well as have the ability to apply such knowledge in an effective manner.  The former constitutes the preparation:  i.e., the study of one’s enemy is necessary in the ultimate prevailing of an endeavor.  The latter — the application of such obtained and accrued knowledge — is the initiation of the former.

The distinction between the two, and the effective use of both, is important in reaching a successful conclusion to the whole point of the process.  Understanding of a subject, person, group, entity, or Federal Agency, is important in the initial, preparatory stages of the administrative process, and as there is much information “out there”, one ultimately has little excuse in not taking the time to reading, self-informing, and compiling the available facts and informative advice provided.  The chasm between understanding and “application”, however, is one which differentiates between knowledge and wisdom; and it is the latter which one is attempting to achieve.  Once the information is compiled, the key is to apply it in an effective, impacting manner.

The difference is likened to the person who has read upon on how to fly an airplane (i.e., the language game may be memorized), but would you ever step onto a plane being flown by a pilot who has never flown previously, but who assures you that he has studied all available resources?

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Meticulous Preparation

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is important to take the time, effort and care to prepare each element of the application for Federal Disability Retirement with meticulousness.  The term and conceptual implication of the word, “being meticulous” involves precision and the imagery of a methodical approach, of attending to the details and formulating the various aspects of the packet with thoughtful thoroughness.

As a watchmaker who must attend to the minute details of his masterpiece (yes, it is a deliberate pun on using the term “minute” to infer both the idea of size as well as a quantity of time, but pronounced in different ways), it is in the very details of a Federal Disability Retirement case where the battle for approval or denial must be fought. It is often pointed out that ease of effort distinguishes between the professional and the amateur; that the professional makes it all look so easy.  Yet, the amount of preparation and practice which the professional undergoes prior to going on stage, or showing his or her abilities before a watchful crowd, is what the audience does not see.

Similarly, when the Office of Personnel Management reviews a Federal Disability Retirement application and sees how everything logically “fits” together and proves by a preponderance of the evidence that a Federal Disability Retirement application has met all of the legal criteria for an approval, it is the meticulous preparation which has gone into fitting all of the “pieces of the puzzle” together, which provided the foundation for such success.

Like those automobile commercials where precision driving through difficult obstacles ends with the cautionary statement:  “Beware, do not try this on your own, as the drivers in this ad were all professionals”; so it is a similar statement to the Federal or Postal employee who is attempting to formulate a Federal Disability Retirement application under FERS or CSRS:  it is not an easy matter, and meticulous preparation must be taken to formulate the medical, legal, narrative and multitudinous elements necessary to qualify for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Issues

The issues upon which the Office of Personnel Management denies a Federal Disability Retirement application under FERS or CSRS are normally rather limited.  There are recurrent themes, and some of the more prevalent ones are:  insufficient medical documentation; issues concerning accommodations and attempted accommodations by the Agency; situational disability and issues which focus upon work issues which never should have been included in the Applicant’s Statement of Disability (SF 3112A).  

These are generic designations of the types of issues which an OPM Claims Representative may argue as the primary basis of his or her denial of a Federal Disability Retirement application, and there may be multiple corollary issues which are described — but, ultimately, when all is said and done, there are limited reasons as to why an Initial Stage application for Federal Disability Retirement is denied.  

That fact, however — of the limited basis and reasons — does not mean that the issues are simple; rather, that in responding to a denial from OPM, no matter how lengthy the denial letter may appear (or how short, for that matter), the issues can be neatly “broken down” and placed into manageable categories in order to respond.  Responding to a denial properly (in addition to filing the Request for Reconsideration in a timely manner) is important; how to respond, is all the more important.

Sincerely,

Robert R. McGill, Esquire