Federal Disability Retirement: The Statement, the Stranger and the How

Paper presentations are dangerous creatures; if read by a stranger, it lacks the context of familiarity, and therefore must include enough information and detail to lay the preparatory foundation for coherence and comprehensibility; when viewed by someone known, unwarranted inferences and implications may be extrapolated, where characters and references are alleged to be fictional representations of real people, events and encounters.

The stranger’s eye views without prior preconceptions; the familiar, with an overabundance of active input; thus is the balance between objectivity and subjectivity disproportionately out of synchronization.  Sometimes, however, the inverse can be also true, and problematic, where the narrator assumes too much, or too little; where an overabundance of irrelevant information is provided in an attempt to make up for an assumed lack of contextual understanding, and in the course of such infusion of irrelevancies, the core of the purposive elements of the narration is effectively undermined.

In a Federal Disability Retirement application, filed by the Federal employee or the U.S. Postal worker who is under FERS, CSRS or CSRS Offset, the Statement of Disability as prepared on SF 3112A, must be approached with care, relevance, curtailed overloading of information, and with a contextual understanding of the governing laws surrounding a Federal Disability Retirement application.

It is the U.S. Office of Personnel Management — an agency which knows not the applicant — which evaluates, reviews and decides upon the Federal or Postal worker filing for Medical Retirement benefits; and the statement delineated on SF 3112A must fully appreciate the fact that a stranger will be reviewing the Federal employee’s application for Federal Disability Retirement benefits; and, as such, how one approaches the entire administrative process, the extent of detailed information, any background to the medical conditions, the quantitative and qualitative essence of the narrative to be formulated — all must thoughtfully and with subtle provocation be employed in the tool of effective narration.

What happens in our lives as told to a stranger, and the response we receive in the form of an approval or a denial, will be determined by the Statement of Disability in SF 3112A, reviewed and decided by a Stranger at OPM, based upon how well we prove the Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

The Effective Use of Language in the Federal Disability Retirement Application

As a paper presentation to the U.S. Office of Personnel Management, Federal Disability Retirement must by necessity be based upon the effective use of language. Language — that all-encompassing compendium of vocabulary, grammar, word-choice, topical selection, verbs, descriptive ascriptions, use of nouns and action verbs, etc. — is the vehicle of requirement, all within the constraints of providing validating evidentiary proof in preparing a Federal Disability Retirement application; and it must be delineated within the purview of factual validation and guided by truth within the context of a methodological approach of persuasive force.

Filing for Federal Disability Retirement, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a test of one’s use of language — a vehicle of communication provided in written form, to be reviewed, analyzed and evaluated for persuasive impact and convincing force, by an unknown entity, represented by a person who is merely a stranger with a title allegedly having technical expertise and validating credentials within a greater bureaucracy of a complex administrative process.

Put in this way, it can be a daunting, hair-raising process; and, indeed, the mere superficial perusal of the Standard Forms (SF 3107 series for FERS employees; SF 2801 series for CSRS and CSRS Offset employees; SF 3112 series for all employees, whether under FERS, CSRS or CSRS Offset) provides a glimpse into the complexity of the process.  For the initial stage of the process, the onus is entirely upon the Federal or Postal applicant who is filing for Federal Disability Retirement.

Then, if it gets denied at the First Stage by the Administrative Specialist at the U.S. Office of Personnel Management, there is a double-duty whammy (no, the latter is not a legal term or even a term of art), in that the Federal or Postal worker whose Federal Disability Retirement application is denied, must contend with attempting to comprehend the basis of the denial as propounded by OPM — again, understanding, evaluating and analyzing language, and the necessity of replying with the complexity of using that language.

Thereafter, one must then, in essence, “start all over”, and reengage, and apply the vehicle of effective language again, but this time not only in reworking the persuasive vehicle to provide additional evidence to meet the requisite legal criteria, but at the same time to answer the concerns the arguments as stated in OPM’s denial — which is customarily the use of worn and dated templates used by Federal Disability Specialists over and over again in all OPM Disability Retirement application denials.

To take liberties and paraphrase Wittgenstein, this is a language game of epic proportions, and the masters who play the game must know and apply the rules, and understand the various strategies which result in the successful and effective force of play in preparing, formulating and filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Rule of Words

When does a child recognize the power of language? Perhaps it is at the moment when the ineffective response to a tantrum occurs, precisely because the demands conveyed by the destructive actions have not been adequately understood. But once the verbal ransom is received, linked to the potential screams and flailing of arms and legs, hence the power of words becomes consciously recognized.

Linguistic leverage contains a duality of meaning when stated in the concept of a “rule”; on the one hand, it means that there are certain criteria which must be followed in order to maintain the protocol of meaning and conceptual comprehension and intelligibility, as in the statement, “The Rules of language must be followed”; on the other hand, it can also convey the idea that language encompasses a power beyond the mere visibility on paper or on screen, as in: “Language rules the day”. It is the combination of both which, when followed and applied effectively, allows for the explosive efficacy of a presentation.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, it is always important to understand and appreciate the fact that a Federal Disability Retirement application is first and foremost a paper presentation to the office which makes a determination on the packet. Thus, tantrums and pleas will not move the bureaucracy; however, effective word usage will.

The connection between action and language must be contained in the Federal Disability Retirement presentation itself, through effective and persuasive use of language. When once upon a time a tantrum served one’s purposes well, such a time became long past when the rest of the world determined that language needed to be delinked from actions, and it is language alone which would rule the day.

For Federal and Postal employees suffering from a medical condition such that the medical condition impacts the ability to perform all of the essential elements of one’s job, the “action” part of the process is left to dealing with the medical condition itself. For the formulation and filing for the administrative procedures identified as “Federal Disability Retirement benefits“, it is the language itself which will rule the day, by following the effective rules of language.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Communication Skills

The ability to communicate involves a complex process:  the capacity to identify and understand what needs to be communicated and for what purpose; retrieval of information and tools of communication from one’s storehouse and warehouse of knowledge; the proper choices to be made in gathering not only the substance of thoughts to be conveyed, but the sequence in which to purvey; editing and last minute self-censorship, as well as its corollary, embellishment of thought, in order to effectively delineate the verbal or written response; and all in an instant of a neurocognitive response.

Mishaps occur; wrong choices of words and combinations of conceptual constructs often become verbalized; and while retractions, apologies and declarations of regret can somewhat ameliorate such blunders, there is often the suspicion that what was stated was and continues to be the true intention and thoughts of the individual who spoke or conveyed them.

For Federal and Postal employees who are considering preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS or CSRS, the potential consequences of conveying the wrong thought, information or conceptual construct can result in a denial of a Federal Disability Retirement application.  That is why it is often necessary to hire an attorney experienced in identifying the proper methodology of information to be conveyed and delineated.

Real life consequences can result from a bureaucratic process such as Federal Disability Retirement.  Unlike family gatherings where mere words are spoken, an application for Federal Disability Retirement benefits cannot be repaired with a simple statement of apology; for, that which leaves the mouth or the written pen, is often the sword which slays the beast.

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

OPM Disability Retirement: The Paper Presentation and the Nuance of Language

Whether through illiteracy or the natural evolution of our language, it is becoming more difficult to convey meaning through the vehicle of language. Text messaging; grammatical irrelevance; lack of widespread rigor in linguistic disciplines; and the legal profession pushing to bend the outer limits of what language allows for — these are all contributing factors to the changing face of the English language.

Paper presentations present a peculiar problem, however, in that the words conveyed can be reviewed and re-reviewed multiple times by the reader.

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 strive for precision, clarity, and focus upon the centrality of the issue, and not to deviate too far from the essence of one’s narrative form.  Nuance may be effective in love letters; it is rarely of value in formulating a Federal Disability Retirement application.  The causal connection between one’s medical conditions and the essential elements of one’s duties must be firmly and clearly established.

There is no singular “technique” in putting together a Federal Disability Retirement application, other than to prove by a preponderance of the evidence that which is necessary in meeting the applicable legal criteria.  It is a genre in and of itself, requiring technical competence and expertise.  Not the time for a “hit or miss” approach; a paper presentation, with inherent problems of potential scrutiny, must be conveyed with conceptual constructs of clarity.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Language Used

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a “paper presentation” which must be “proven”.  It is thus not technically an “entitlement”, but rather an accessible benefit which must meet certain legal guidelines as set forth by Statute, subsequent Regulations propounded by the U.S. Office of Personnel Management, and Case-laws and Court opinions as rendered over a long course of time by various courts and administrative agencies, such as the U.S. Merit Systems Protection Board and the Court of Appeals for the Federal Circuit.

When one steps back and observes the entirety of the process, it is — from inception of the administrative procedure to its conclusion in receipt of payment of a Federal Disability Retirement annuity — a massive compendium and compilation of “language”.  Throughout the process, little need be spoken of or to; rather, the written word — that malleable tool of communication — is placed from mind-to-ink-upon-paper, to be presented to another receptive mind, in order to evaluate, analyze and ultimately conclude with a decision, whether as an initial approval or a denial.  If a denial, then the process continues without interruption as heretofore described.

As such, because Federal Disability Retirement through the U.S. Office of Personnel Management, whether under FERS or CSRS, is comprised by the linear, sequential and persuasive use of language, it is important to utilize the tool effectively, and to apply all of the forces of language which will make for an effective presentation:  brevity, but with emotive force; succinct, but with logical persuasiveness; comprehensible, but with descriptive expansiveness. Language is the tool to be used; as the preferred and necessary tool, it must be applied with careful choosing, in order to be effective in preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: SF 3112A, SF 3112B, SF 3112C & SF 3112D

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee will be asked to complete a mountain of standard government forms.  The forms themselves appear to merely request “information”.  Don’t be fooled.  It is not mere information; it is the basis upon which OPM approves or denies a case.  

For the CSRS employee (which is becoming rarer by the hour because of the replacement of CSRS with FERS back in the mid-80s), in addition to SF 3112A, SF 3112B, SF 3112C & SF 3112D (which both CSRS and FERS employees must complete), Standard Form series numbered 2801 (SF 2801), along with Schedules A, B & C must be completed.  For FERS employees, in addition to the SF 3112 series (again, SF 3112A, SF 3112B, SF 3112C & SF 3112D), the Federal or Postal employee must complete SF 3107, along with Schedules A, B & C.  

These forms constitute the “nuts and bolts” of the Federal Disability Retirement application process.  Not only must “information” be provided in filling out these forms; there are “tricky” issues which must be addressed at the outset.

For example, SF 3112C is the “Physician’s Statement”, and is meant to be used in order to guide the physician into providing a detailed physician’s statement.  It is a confusing, convoluted form which often makes the doctor feel intimidated.  It is preferable to have the doctor address the elements requested on SF 3112C without actually using the 3112C.  However, if a Federal or Postal employee is unrepresented and unaware of this, then the potential disability retirement applicant may unknowingly sign the form, when it may not be in the best interest of the Federal or Postal employee to do so.  

Be aware; “information” is not a mere compilation of facts and figures; rather, information is always used — whether for, or against, something or someone.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Perfect Wording

There are those who believe that, if only the ‘perfect wording‘ had been in place, then the outcome would have been different.  The problem with that view is twofold:  First, if a perfect word or wording had been chosen, the efficacy of such wording would further depend upon the entirety of the context which surrounds that wording, and second, it would depend upon the receptiveness of the person reading the document, or listening to the person talk, etc.

Grappling with the “perfect word” or phrase is a worthwhile venture and endeavor; more importantly, however, is the effectiveness of the “rest of the story” (as an old radio host would have put it — a man of antiquity and one who always sought the perfect word).

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is often the question (or multiple questions) of:  What should I say?  How should I say it?  Is it okay to say..?”  A singular choice of bad wording will not destroy a Federal Disability Retirement application; a string of bad wording might; the complete delineation of inclusive wrong wording surely will.

Unfortunately, the Federal or Postal applicant will never have the opportunity of a face-to-face encounter with OPM’s representative, in an effort to persuade a favorable Federal Disability Retirement application.  Perhaps one personal encounter would be worth a thousand words — if only OPM could “see” your medical condition — but that is not how the system works.

Wording is important; one word will not make a difference; the compendium of words can, and will.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Burden

Ultimately, a Federal Disability Retirement application is a paper-presentation to the U.S. Office of Personnel Management.  Yes, yes, we are entering into a “paperless” technological society, and that is fine; but by “paper presentation” is meant in a generic sense, that the proof necessary to obtain eligibility and entitlement to a Federal Disability Retirement benefit, must be presented in a format which is readable, comprehensible, and coherent — whether on a computer screen or in paper format.

The burden of providing such proof is upon the “applicant” — the Federal or Postal employee who is attempting to obtain Federal Disability Retirement benefits.  That “burden” is both a legal one, as well as a regulatory one.  There are different levels or requirements of what constitutes proof, depending upon the requirements of what must be proven.

In a general sense, one can assert that all that is necessary in a Federal Disability Retirement case is to gather together one’s medical records, wrap them in a secure bundle, and forward them to the U.S. Office of Personnel Management.  Will such an approach “prove” one’s Federal Disability Retirement application?  It might — depending upon the seriousness of one’s medical condition, and whether the Disability Retirement Specialist assigned to such a case will take the time to infer and imply.  But to make an inference, or to expect an implication to be discerned, takes an unnecessary chance at misunderstanding, failure, and the unwanted “denial”.

Instead, the better approach is to explicitly explicate.  Always 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, there is a difference between suffering from a medical condition, and proving that the medical condition prevents one from performing one or more of the essential elements of one’s job.  It is the latter which is necessary to be approved for a Federal Disability Retirement benefit.  As to the former — while an unfortunate circumstance — it is not enough to suffer to prove one’s case.

Sincerely,

Robert R. McGill, Esquire