Federal Employee Disability Retirement: Knowing where to stop

In life, it is often just as important in knowing where one is going, as it is to recognizing where to stop.  We all know the individual with “a mission” – always self-confident, never tentative, and rarely pausing to catch one’s breath except to regain one’s composure before blindly forging ahead with uninterrupted fortitude and resolve.  Military men and women are like that; born leaders and megalomaniacs follow suit; and only the timid bear the brunt of being pushed aside and trampled upon.  Overreaching is a problem in a society that knows only excess and limitless pleasure.  In the midst of being human, we forget our own humanity.

In the history of Philosophy, Rationalism has been usurped by Idealism; the latter, superseded by the reality of human depravity, and science the victor in the tension between theology and pragmatism.  In the end, Darwinian declarations of equality among the species have come to prevail, and in the post-Existential era of seeking merely pleasure above purpose, and the more modern parlance of embracing the “Happiness Principle” – where one’s minute-by-second assessment of one’s emotional quotient has trumped obligation, duty, convention and rational essence of an Aristotelian definition of Man – we now have no boundaries, no social conventions of constraints, and so long as we can avoid violating the basic laws that govern our society, we can do what we want.

In such a state, society and civilization, how can we know where to stop?  If everything is okay to do, how do we determine that which may harm ourselves, or otherwise breach the boundaries of decency and what it means to be human?  If all species are of equal value, then what worth is there in having humanity?  How do we know where to stop?  This applies, as well, for Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Often not knowing all the current laws that govern Federal Disability Retirement Law, the initiating applicant will proceed forth and barrel ahead like Military men and women and born leaders, without first consulting a lawyer who is knowledgeable about OPM Disability Retirement Law.  For, never underestimate the underlying principles behind questions posed on a Federal Disability Retirement application – especially as it relates to one’s medical condition and the impact upon one’s ability and capacity to perform the essential elements of one’s official position.

SF 3112A can be a landmine of sorts, and while it is well and good to proceed in a forthright and affirmative manner, it is equally as important in knowing where to stop, as it is in realizing the direction the Federal or Postal employee must go in order to file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Our narrative of discourse

Do we all carry about multiple narratives within?  Perhaps, one for public consumption; another, for family gatherings; yet another the edited version only for the ears of the young and uninitiated; and perhaps more, depending upon the audience, the susceptibility to believe, and the necessity for coherence as opposed to self-promotion and puffing up?

How about those “Service experiences” – where we get carried away in exaggerating the feats of bravery and encounters with the enemy?  How many politicians have been driven from office for telling a slight (or even not so slight) deviation from the “truth” in reenacting wartime stories and narratives of consummate manliness and Stallone-like fearless feats?  “Oh, the DD 214 doesn’t even begin to tell what I had to go through…”  Or even of high school days of athletic prowess and academic achievement in college; if only transcripts would remain silent in the archives of shrouded mystery in safekeeping for secrecy.

We do, each of us, carry multiple narratives of discourse, often dependent upon the audience we encounter and the susceptibility of suspending disbelief and the receptiveness to our meanderings.  So, why is it that we often fail to conform to the change of necessity, when it counts most?

For Federal employees and U.S. Postal workers who are no longer able to perform one or more of the essential elements of one’s Federal or Postal positional duties, preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, involves providing a narrative discourse in response to specific questions on SF 3112A, Applicant’s Statement of Disability.

This is the moment when truth must push aside exaggeration, and where some specificity of delineation must be attended.  The “nexus” or “bridge” between one’s Federal or Postal position and the impact by one’s medical condition must be established, and the targeted audience (the U.S. Office of Personnel Management – not your own agency, your supervisor or anyone related thereto) must always be kept in mind.

In the end, our narrative of discourse that we carry about in our own minds has always been about revealing some part of ourselves to an audience receptive to specific needs, and preparing an effective SF 3112A is no different from that perspective, and must be kept in mind when composing the narrative of discourse in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The silence erupting in the room

You go out for a moment – perhaps to smoke a cigarette (do people actually do that these days?), to “freshen up” (is that necessarily a sexist presumption, in that women are the only ones who need to do so, or wasn’t it more likely just a euphemism to avoid the crass declaration that one has to “go to the potty”?) or just to get away from the din of dinner conversation; and, upon reentering the room those eyes look askance, askew, and away from you.

What happened?  Does suspicion abound, or is it merely paranoia that prevails?  Does sudden silence simultaneously synchronized with one’s reappearance constitute enough evidence to conclude that the gossip previously directed at someone other than yourself had shifted to include the reentering individual just previously having disappeared for a brief interlude?

Perhaps, instead, just before coming back to join the fray, there had been a pause in the conversation; or, it just so happened that everyone was taking a sip or gulp of whatever people were drinking, and as you reentered, the cumulative silence just so happened to prevail at the precise moment of appearance.  Coincidences of such natures do occur; yet, there is always that nagging feeling that the exact opposite is true – that, yes, they were all talking about you, and the embarrassing silence suddenly pervaded like a heavy London fog suddenly extracting its shroud of mystery and burden of conversation upon a topic well-worn by clawing swipes and innuendoes otherwise left undefended.

For Federal employees and U.S. Postal workers who are suffering from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, that is often the fear and the gloom of dread, isn’t it?  That you – the absent Federal employee; the Postal worker who has filed for FMLA protection; the Federal employee who has been on extended LWOP – are the subject of constant gossip, and the grumblings and lies disseminated become the silence erupting in the room.

In the end, there is little that can be done about people who engage in gossip, whether in the bathroom, the kitchen or at the workplace; people will talk, and somehow believe that it makes them superior.

Ultimately, the best revenge is to prepare an effective Federal Disability Retirement application and file it through one’s agency or U.S. Postal Service H.R. Office, and submit it to the U.S. Office of Personnel Management in order to escape from the din of cheap talk and chicanery, such that it becomes irrelevant whether, upon reappearance into a roundtable full of gossipers, the silence erupting in the room had to do with you, or just a mere coincidence of unexplainable phenomena coalescing just at the moment of reentrance.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Question and Answer

A question presumably is a tool of communication seeking a satisfactory answer; and, conversely, an answer will satisfy the query only upon addressing the specific information sought.  Thus, the question is not merely a general request for irrelevant information, and an answer is not just a sequential set of words culled together from a pool of language.  Yet, many people often act as if speaking a volume of phonetically mellifluous tones will satisfy a query; and that speaking with intonations of a question mark will invite information of relevant import.

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 understand the questions posed on the Standard government Forms in a Federal Disability Retirement application; and, similarly, one must take care in providing the proper, relevant, and satisfactory answers to the queries posed.

Questions often have a history; implied requests for information carry a weight of tested legal cases, and thus questions which seem simple on their face have been formulated based upon such case-histories.

For the Federal or Postal employee encountering the question for the first time, it is well to try and understand the vast body of historical context preceding the formulation of each question.  For, as the age-old adage still applies, those who fail to study history are apt to repeat it.

Sincerely,

Robert R. McGill, Esquire

Federal Employee’s Disability Retirement: The Non-standard Approach to Standard Forms

Standard Forms are created, produced and promulgated precisely for their stated and intended purpose:  to streamline and conventionalize (yes, that is really a proper word, and spellcheck did not put a red line beneath it) the formatted receipt of information by an agency of the Federal Government.  Without Standard Forms, there would be no confining methodology of what to say, how to say it, and how much to say it.

The theory behind standard government forms is simple:  By providing the space, the questions and the apparent limitations, ease of processing will be expedited.

Of course, in pragmatic terms, the reality behind the theory is that Standard Forms create an intended limitation on space, as well as the content of what a person states or desires to state.  Yet, by self-confining the answers and information provided, the applicant for Federal Disability Retirement is essentially depending upon government lawyers to properly interpret what the statute for eligibility for Federal Disability Retirement requires.

While staying somewhat within the confines of what the Standard Forms request is a “good” thing (for Federal Disability Retirement purposes, SF 3107 series for FERS applicants; SF 2801 series for CSRS applicants; SF 3112A, SF 3112B, SF 3112C, SF 3112D, and SF 3112E for both FERS and CSRS applicants), it should not limit or otherwise prevent the submission of relevant information.  “Relevancy”, of course, is a relative term, and should be noted and applied by those who understand the statutory underpinnings of the legal requirements for a successful Federal Disability Retirement application.

Ultimately, one should approach the standardization of the administrative process called “Federal Disability Retirement” as merely a piece of the larger puzzle, and not be precluded from submitting non-standardized information in an effort to prevail in the preparation, formulation and filing of a Federal Disability Retirement application, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Forms

In preparing, formulating & filing a Federal Disability Retirement application under FERS or CSRS, one must fill out the various “forms“:  SF 3107 with schedules A, B & C under FERS (for CSRS, SF 2801 with schedules A, B & C); as well as SF 3112 A – D.  These forms are necessary in filing a Federal Disability Retirement application (as well as some which are not listed here). Along with these Standard Forms (thus, the “SF”), one must attach supporting documentation to be eligible for Federal Disability Retirement benefits.  However, all applicants must be fully aware that the Standard Forms neither explain, nor necessarily “follow”, the expansive laws which govern Federal Disability Retirement.  

Forms are created and published by bureaucrats who are neither aware of, nor are informed about, statutes, regulations or cases which define, refine or otherwise expand upon the complex laws which govern Federal Disability Retirement law.  As such, they are the “bare bones”, skeletal requirements.  In filling out such forms, therefore, one does so without any guidance or knowledge by the mere reading of the “instructions” on the forms.  As such, one should “beware” in trying to complete any of the Standard Forms when preparing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

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

The entire process of preparing and filing a Federal Disability Retirement application under FERS or CSRS should be accomplished with the view that it will end up at the Merit Systems Protection Board, being heard by an Administrative Judge.  This is why much thought and preparation should foreshadow each application.  There should be a running theme throughout the narrative which reveals the individuality of a person’s medical condition and how that medical condition impacts his or her ability/inability to perform one or more of the essential elements of one’s job

Truth should always be the guide; however, truth is always influenced by perspective.  It is the “perspective” of the Office of Personnel Management, in all Federal Disability Retirement cases under FERS & CSRS, to carefully scrutinize the narrative of the medical condition, impact upon the job, and the ability and inability to have the necessary connection between the two.  It is the perspective of the supervisor who will render his or her opinion based upon a limited knowledge and observation.  Perspectives must be questioned.  Thus, there is the opportunity for cross-examination at the MSPB level, which must be engaged in artfully and with care.  Each individual believes that his or her Federal Disability Retirement application is a “sure thing” at the First Stage of the process — until the reality sets in.  The reality, of course, is that every application must be prepared as if it is going to the MSPB, because it well might, and often does.

Sincerely,

Robert R. McGill, Esquire