CSRS & FERS Medical Disability Retirement: Development

Aristotle speaks often in terms of the spectrum between potentialities and actualization, revealing the philosophical concerns surrounding man’s ability to discern reality from appearances, scientific certitude as distinguished from mere opinions; and, in the end, the capacity to bifurcate truth from falsity. As Pre-Socratic philosophy brought out the problems of an ever-changing world, with Heraclitus and Parmenides as two classic examples of the focus of inquiry, so the underlying and common thread remains even with us today: How, in an ever-changing universe, do we attain some semblance of static certainty?

Anxiety during the development or waiting periods

Anxiety and stress during the development or waiting periods.

Medical conditions tend to bring to the fore a sudden change which is not merely problematic, but impacting upon all sectors and areas of one’s life. The quietude of the normal and mundane is suddenly turned upside down; that which we relied upon, and for which we worked so hard to achieve, are all suddenly in a state of disarray and disruption.

As certainty is the harbinger of security, so constant flux remains the loosened bolt which potentially unhinges such security. That is why, for Federal and Postal employees who are in the “development” stage of either preparing, formulating or in the process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS or, in the long and arduous “waiting” stage in anticipation of a decision to be rendered by OPM, a constant sense of anxiety and angst prevails, precisely because the lack of certitude in bringing about stability is presently ever-pervasive in one’s thoughts. Perspectives are important in the quest for truth.

Both Plato and Aristotle recognized the subjective factor of perceptual idiosyncrasies amongst species.  Development of a case for Federal and Postal Workers who are filing for Federal Disability Retirement benefits, will continue to remain in a state of flux, uncertainty, and insecurity. And like the metaphorical river into which Heraclitus walks, revealing the constancy of change and stream of flux, until a decision is rendered by OPM, life remains a metaphor for development into the unknown.

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

OPM Disability Retirement: Disparate Information in a Disability Retirement Application

The difference between success and an almost-successful endeavor is normally not based upon the information available, but rather, the effective use of the available information.  Just as most “secrets” are neither hidden nor unknown, but rather depend upon who knows it, how it is used, and when it is acquired; similarly, the availability of information disseminated throughout our lives — via the internet, through publications, through media outlets, etc. — is generally not the basis for success.  Disparate information compiled in a bulk bound conglomeration is normally not an effective way of presenting something.

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 go beyond mere compiling of information and data in presenting one’s case to the U.S. Office of Personnel Management.  Remember that Federal Disability Retirement is not an entitlement; rather, it is a benefit which is available upon proving one’s case.  Proof of a case depends upon multiple factors: indeed, the Office of Personnel Management will often state the following in denying a Federal Disability Retirement application:  “The mere fact that you have a medical condition does not mean that you are eligible for Federal Disability Retirement benefits.”

The existence of a medical condition is a necessary requirement; facts supporting one’s case can be persuasive; the laws governing Federal Disability Retirement and the eligibility criteria should be cited; the nexus between one’s Federal and Postal position and the medical condition should be established; then, beyond each of the disparate informational islands, a coordination of the information is necessary. For that, an approach which involves a paradigm of how one should win a case is important.

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

Medical Retirement Benefits for US Government Employees: Seasons

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, there is often the seasonal rhythm of individuals, which present a collective sense of predicatability as an Agency because agencies are comprised of individuals.

Thus, for instance, the month of August is predictably slower for the Office of Personnel Management than the other months of the summer, precisely because so many Federal employees take their vacation. Christmas, New Years, the Easter break, and the Memorial and Labor Day holidays all provide a rhythm of seasonal slowdowns. Such seasonal pauses, however, should be a time to utilize and increase productivity for the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS. Indeed, when the pace of work is slower and agencies temporarily wind down because of the seasonal slowdown, it is an opportune time for the Federal or Postal worker to attend to the medical needs by resting or recuperating and, if the critical decision-making point has arrived in terms of making a decision to file for Federal Disability Retirement benefits under FERS or CSRS, it is a time to begin to gather the necessary information as a preliminary matter.

While certain components which comprise the entire packet of a Federal Disability Retirement application may be delayed because of the seasonal slowdown (e.g., the Supervisor may be on vacation because of the season; or the doctor may be away, etc.), nevertheless, the foundational groundwork of preparing the request to the doctor or the supervisor, or submitting the request for medical records, etc., may be initiated.

Slowdowns are seasonal opportunities for preparation; preparation is the key to a successful outcome; and while a slower pace is often a time of frustratingly slow response time, it is the meticulous care that is taken in the slower period which results in the success of a venture.

Sincerely,

Robert R. McGill, Esquire