The Sequence of Steps during Federal Disability Retirement Filing

Confusion often results in a meandering of purposes; on a graph, it is rarely the linear focus of a clear start point with an end goal; instead, the zig-zagging effect of wasted energies manifests a lack of insight into the procedural methodologies which should be followed in any endeavor.  Just as a broken clock can be correct in telling time twice in a 24-hour period, so an endeavor engaged can sometimes result in an effective product, but one should never rely upon the statistical chance that success will result from confusion.

In a complex conundrum of an administrative, bureaucratic process, such as that represented by filing for Federal Disability Retirement benefits for Federal and Postal workers under FERS, CSRS or CSRS Offset, it is important to employ a clearly goal-oriented, methodological approach in completing an effective Federal Disability Retirement packet.

Yes, there are many forms to complete (SF 3107 for FERS employees; SF 2801 for CSRS & CSRS Offset; SF 3112 series for all three, FERS, CSRS & CSRS Offset); yes, the tentacles of administrative and procedural requirements are numerous and overlapping, creating a confused cauldron of conundrums one cannot fathom to complete in a rational manner; and, yes, there is an amalgamation of tasks to complete, all within the context of dealing with the medical condition itself, the problems at work (if one is still employed with one’s agency), and the worries overwhelming with future concerns.

But the options are clear and limited; the reasons for filing for Federal OPM Disability Retirement benefits are clear and unequivocal:  as choices in life reflect a linear path with few outlets beyond the stated goal, it is important to identify the efficacy of the steps which are required, and to implement them in the proper sequence in order to reach the intended target:  an approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Beginning the Federal Disability Retirement Process

The Chinese proverb, “The journey of a thousand miles begins with a single step”, is meant to remind us that looking at a process in its entirety can result in self-defeat even before starting, and every daunting journey must begin with the small, almost insignificant, effort of initiation.

Facing a bureaucracy and an administrative process can feel like that metaphorical journey of a thousand miles.  The multiple and complex standard forms to complete; the legal criteria to meet; the need to gather, compile and consolidate the medical documentation into a linear, coherent whole; and all of this, in the face of voluntarily reducing one’s income by applying for an annuity and having to deal with the debilitating medical condition from which one suffers.

But the successful way to approach the entire administrative process known as Federal Disability Retirement, is to bifurcate it into workable portions. The SF 3107 series (reissued in May, 2014, where previous editions are now outdated) is merely informational in nature.  It is is the SF 3112 series of forms which one must take care in preparing and formulating, and especially SF 3112A, which requests for detailed information concerning one’s medical conditions, the impact of the medical conditions upon one’s ability to perform the essential elements of one’s job; and other pertinent information needed to convey compliance with a legal criteria established through many years via legal opinions issued by the U.S. Merit Systems Protection Board, as well as by the U.S. Court of Appeals for the Federal Circuit.

Yes, it is a difficult process, and one which can be eased by legal advice and expertise. But as with all journeys, to look upon the landscape and obstacles as mere hindrances to overcome, will serve one better, than to stand at the foothills and refuse to begin the journey at all.

Sincerely,

Robert R. McGill, Esquire

Federal Employee’s Medical Retirement Programs: Propriety of Sequence

Propriety is not a concept which is much discussed, anymore.  That which is socially or morally “proper” has been discarded, precisely because convention is no longer accepted as a standard to follow.  But when the consistent pursuance of the opposite of X becomes the acceptable standard, does it not then become the convention itself?

Further, some levels of propriety follow upon the thoughtful order of things, and are imposed not because they are artificial societal creations mandated through a history of traditions; rather, it is so because of common sense.  For example, while having a urinal right beside each table in a restaurant may be the most naturally convenient place for utilitarian purposes, the propriety of such placement defies the convention of modesty and privacy concerns; and so it goes.

Sequential propriety is often the best example of logically-imposed events, and failing to follow the linear approach may have unforeseen consequences erupting with problems down the road.  Thus, teaching a child to stop, look, listen — then to cross the road, is both logical, of utility, and linear, with a rational foundation for following upon the sequence of actions.

For Federal and Postal employees contemplating the preparation of a Federal Disability Retirement application, whether one is under FERS or CSRS, the propriety of sequential formulation of one’s Federal Disability Retirement application is important before proceeding. When should the Federal or Postal employee’s Statement of Disability be prepared? When should the Supervisor be approached to complete the Supervisor’s Statement? What should be the sequence and priority of listing of the medical conditions which make up the core of one’s Federal Disability Retirement application?

Sequence of propriety is often a combination of naturally-imposed events, as well as logically sound determinations.  Throwing out convention is fine for the unthinking; but there have been many a thoughtless child who, like the symbolism in the well-known story of Holden Caulfield, comes too near the edge of a cliff in a field of rye to deserve comfort of thought and actions.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: Repairs

NASA astronauts train to repair their own complex instruments in space

It is to fix or mend, often applying to inanimate objects in attempting to return it to a state of existence prior to damage or defective manifestation.  We repair cars and upholsteries; lawn mowers are good candidates, and watches and anachronistic clocks of antiquity represent a special and technical requirement of expertise well beyond the facial simplicity of the unspeaking time teller.

It is that inner working of complexity which requires one to surrender a thing of incalculable beauty to a stranger with a mysterious ocular eye piece; like some futuristic member of the Jedi Order whose knowledge of the mechanical turbulences comprised of mainsprings, pendulums, balance wheels and pinions, with a dose of magic sprinkled by the wizard of time, hands trembling over the cauldron of sorcery with mumblings of necromancy and prophetic divinations.  It is the face of the clock or watch which makes its appearance one of beatific simplicity; the ugly inner workings are hidden, covered, concealed by the skin of time and the scales of infinity.

Despite all advances in medicine and medical research, scientists still have a long way to understand the complex human body

Humans are like that.  Though organic in nature, it is perhaps the complexity which is concealed that requires a wizardry beyond mediocrity in order to repair.

The stresses of the world impinging daily in incremental insidiousness, slowly and progressively destroying and gnawing at the internal mechanisms of complex functioning; until, one day, the spring which kept the timepiece accurate, or the pendulum which swayed to and fro in a symphony of monotonous rhythm, snaps suddenly to explode upon the surface of seeming quietude.

In common parlance, we say that he went crazy, or “postal”, or perhaps in more sublime instances of coordinated conspiracies, that a person simply could not take it any more.  Whatever the linguistic characterizations, responsibility for the damage to the time piece is never directly attributed; those who created the hostile work environment dissipate, and the sorcery of responsibility is magically disbursed into a thousand corners of ratholes to where such scoundrels scurry.

For Federal and Postal employees, whether under FERS or CSRS, there is always the option of filing for Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, in order to escape the inevitable march of time which deteriorates. It is a benefit accorded to all Federal and Postal employees. It is not an escape hatch; it is not a cop-out; it is a necessity for those Federal and Postal workers who have dedicated themselves throughout all of these years, but have come to a point of crisis where one’s medical condition has begun to erupt through the surface of concealment, and has impacted one’s ability to perform all of the essential elements of one’s job.

When conventional treatment and medication regimens won’t work for you anymore, perhaps it’s time to consider filing for Federal Disability Retirement benefits

Just as modern technology and the worldly sophistication of today no longer relies upon the sorcery of incantations over bubbling cauldrons of mysterious but sweet-smelling ingredients, so it is often the failings of our own predilections of behavior which prevent us from moving forward towards that which is best for us. And like the time piece which needs the ocular eye managed by a futuristic Order of the Jedi, so the Federal or Postal employee needing Federal Disability Retirement may require the expertise of the appropriate counsel of choice.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Watchmaker

Artisans are scarce in existence, these days.  With the constant drone for the economic push for profits, and the incessant pressures of everyday expenses, the village watchmaker, the goldsmith who personally fashions the engagement rings for the couple whom he saw just a moment ago playing outside his shop window as two children lost in the world of make-believe; that is a world we once read about, perhaps in a Dickens novel, of characters out of an era long lost and forgotten.

But the remnants of the characteristics evidencing quality and craftsmanship must survive, lest perfection be lost as a goal and exactitude no longer an achievement worth applauding.  Of course, there will always be cheap replicas; of digital watches manufactured en masse in factories where labor is inexpensive and the worth of human creativity barely given a moment’s glance.  That is why, when one comes upon a true craftsman, observing the care and skill being put into creating a product of worth is indeed something to behold.

And so it is in every endeavor.

For the Federal and Postal employee who must find, of necessity, that filing for Federal Disability Retirement can no longer be put off, it is well to heed the warnings of those predecessors who have experienced the nightmarish administrative procedures required in attaining the benefit.  While it need not take an artisan to put together an effective case, the approach one embraces should include the characteristics of that unique watchmaker:  care in the details; slowly building from a solid foundation; bringing together all of the variegated “parts”, including the medical documentation, legal arguments, effective factual statements, etc.

The Federal and Postal employee, whether under FERS or CSRS, needs to look at the process of preparing, formulating and filing for Federal Disability Retirement benefits as not only the presentation of the case, but the lasting impact of the finished product.  For, in the end, the true artisan creates not only a timepiece, but a timeless piece of work which should last well into a bright future.

Sincerely,

Robert R. McGill, Esquire

Federal and USPS Disability Retirement: First Impressions

The older generation often refers to the importance of “first impressions” — of the firmness of one’s handshake; of whether eye contact is made to betray secretiveness; the clothes one wears; tattoos and the number of body piercings; all are evidence of first impressions left for future judgment.

While such initial encounters may not reveal the true “inner” person, they nevertheless leave an indelible and lasting imprimatur upon those who rely upon such an approach.  Whether one likes it or not is besides the point; first impressions are psychological realities which one must deal with in this harsh world.

For those who prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal applicant must understanding that one’s formulation of one’s case is merely one of thousands, and the Case Worker who is assigned to the case, upon an initial review and analysis, will be left with such a first impression.

The methodology of evidentiary presentation; the conciseness of the Statement of Disability; the coordination and support of the medical evidence; all will depend upon the manner and content of the presentation.  Too many tattoos, and the grandmother-characteristic in the Case Worker may turn up a nose; not a firm enough handshake, and the old-man sense in another Case Worker may pause with concern.

First impressions; it is how one approaches a case, as much as the presentation of the evidence, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Refinements, Redux

A “refined sense of taste”; refineries which take crude oil and extract and leave out the waste; perfecting and polishing that which is roughly hewn.  What always needs to be focused upon, first and foremost, however, is the foundation which allows for such refinements, and to ensure that the “base” is solidly built, upon which such “refinements” can be made.

Thus, 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 put one’s energies into building the proper foundation at the outset — and, in practical terms, that means obtaining an excellent medical report.

Federal and Postal workers inquiring about Federal Disability Retirement benefits often get sidetracked with agency and employment issues which, while having some corollary or peripheral relation to one’s medical conditions and work-related concerns which may have prompted an adverse action, or even perhaps discriminatory behavior on the part of the agency; nevertheless, the focus must be upon the foundation, with all else being recognized as secondary matters to be dealt with separately.

Thus, the story of the three piggies:  remember that it was the one with the solid foundation which survived the attacks.  By analogy and metaphor:  The agency is the Big Bad Wolf; the Federal or Postal employee is the piggy; the house to be built is the Federal Disability Retirement packet.  For that, a solid foundation must be created; window dressings can come later.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The MSPB and Beyond

An application for FERS Disability Retirement benefits should always be prepared for the “long haul”.  Thus, it should be formulated, argued and prepared as if it will be denied at each stage, and will end up before the Merit Systems Protection Board.

Does this take any “special” preparation?  To some extent, the answer is “yes”, inasmuch as the stages beyond the Initial Application stage before the Office of Personnel Management, then the Reconsideration Stage of the FERS Disability Retirement process, then a Hearing before an Administrative Judge at the MSPB, involves whether or not an “error of law” was made.

As such, because each of the preceding three stages of the administrative process would essentially involve foundations for a later stage of an administrative appeal, it is obviously important to know what “the law” is.  One can hardly argue in the later stages what “errors of law” were made if one is not familiar with what “the law” is comprised of in the first place.

By establishing certain key foundations, and inserting legal precedents and arguments throughout the process, one has a better chance at arguing that legal errors were made by the Administrative Judge.  While a Federal or Postal worker should certainly expect that his or her Federal Disability Retirement application should be approved at any given level because it has been properly prepared, it is always wise to look beyond the present, and prepare for future contingencies.

Sincerely,

Robert R. McGill, Esquire