Disability Retirement for Federal Workers: Insular Worlds

The private domain of individual, insular worlds always remain unknowable and profoundly unreachable. We can extract common linguistic signposts to have some superficial encounters, with at least a semblance of comprehension; but in the end, can one ever “know” the sensation of pain which another experiences? Or the extreme emotional turmoil that a person who suffers from schizophrenia or Bipolar Disorder; the diffuse pain of a person suffering from Fibromyalgia; or the cognitive dissonance of one beset by Major Depression, uncontrollable anxiety or panic attacks?

Yet, it is a necessary step in preparing, formulating and submitting a Federal Disability Retirement application to the U.S. Office of Personnel Management, whether under FERS or CSRS, to have the ability to convey, delineate and describe the nexus between one’s experiential phenomena of the insular world of a medical condition, and one’s external encounter with the Federal position in the work-world.

The private chaos of one’s medical condition must be linked to the public display of one’s physical or mental capacity and capability in the employment with the Federal Sector or the U.S. Postal Service; how one makes that connection, the manner of the description, and the characterization of the impact of the former upon the latter, will make all the difference in the world whether or not that unique universe of insularity can be protected from the progressive harm of one’s job.

For, in the end, it matters not whether one can adequately relate to another’s medical condition; it is enough to know that the private domain of one’s life is that which makes human consciousness the unique mystery peculiar to the human animal.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Federal Disability Retirement: Reviewing the Position Description

There may be a wide chasm between what one’s position description states, and what one actually does in the position of the Federal or Postal job slot which one occupies.

Further, the fact that there may be a radical modification to one’s official duties in practical and real terms, does not obviate the fact that one may be required, at any time, to fulfill those duties and responsibilities as described in the official configuration of the position.

Finally, since the U.S. Office of Personnel Management, in making a determination on a Federal Disability Retirement application, will never personally assess or observe what a Federal or Postal employee is actually doing in one’s office, out in the field, at the work station, etc., you must therefore always envision the process as one of bureaucratic administration — i.e., of looking at the paper presentation of the position description, and being restricted and constrained by what is contained therein.

That being said, in a Federal Disability Retirement application, whether under FERS or CSRS, it is often a good idea to review the official position description when beginning to formulate one’s Applicant’s Statement of Disability (SF 3112A).  Some position descriptions are so generic in nature that it may required more “filling in the blanks” for purposes of describing the pragmatic essential elements which one must work; other descriptions may enlighten the Federal or Postal Worker and make the entire administrative process easier because of the onerous requirements as delineated in the official position description.

In either event, one must always remember that it is from the Federal or Postal position which one is medically retiring from and not what one may actually be doing.  Thus, recognition of the wide chasm which exists between what one ought to be doing, and what one actually does, may be one of the keys to a successful formulation of a Federal Disability Retirement application, whether under FERS or CSRS, from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Position Description

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to have a good idea of what the position description states — the one which the Federal or Postal applicant occupies, and the one which is reflected in the SF 50 or the PS Form 50, the personnel action form which designates and identifies the official position assigned to the Federal or Postal employee.  For, what the Federal or Postal employee does in a job, in real time and in the actual state of the job, may be significantly different from what is described in the position description itself.

One must understand that the U.S. Office of Personnel Management (OPM) — the agency which makes all determinations on Federal Disability Retirement applications — does not have an agent sitting in one’s office, taking notes on the duties which one performs.  Thus, the case worker at OPM who receives and reviews the Federal Disability Retirement application, will come to be informed of the essential duties of a Federal or Postal employee, based upon a “paper presentation” that is set before him or her.

The comparison to be made between the medical condition proven and the essential elements of one’s job, will arise from OPM’s review of what is presented — the position description itself; the statement of one’s job in the Applicant’s Statement of Disability; and other documentation.

In making the comparison, it is ultimately from the position description itself from which one is retired, and if the applicant’s statement includes superfluous assertions otherwise not contained in the position description itself, the discrepancy may well go against the Federal or Postal employee who is filing for Federal Disability Retirement benefits.  Fortunately, most position descriptions are fairly generic in nature, and one can imply a variety of duties which are not otherwise specified in an official position description.  That is where creative writing and effective presentation comes into play.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Position Descriptions

The Agency Position Description ultimately determines the parameters of the crucial question in a Federal Disability Retirement application, whether under FERS or CSRS, and therefore should not be underestimated or overlooked in its relevance, import and substantive weight.  What a person actually does in a Federal or Postal job can be distinguished from the official duties ascribed in a Position Description; similarly, what a person is not assigned to do can be easily differentiated from essential elements as described in a position description.

Some position descriptions are elaborated in more generic terms and conceptual generalizations; others provide a detailed insight into the physical requirements of the job, as well as the complexity of the cognitive qualifications necessary to satisfy the position.  What a person actually does in one’s Federal or Postal job may well be quite different from how the position description delineates the duties; but somewhere between what one does and what one is described to do contains a happy medium of extrapolating the essence of a Federal or Postal position.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the problem with focusing exclusively upon what one does, as opposed to the position description, is that OPM has no idea what you do, whether you do it, and how you do it, apart from what the position description states.

One is retiring from the position description, not from the real world.  It is the virtual reality which forms the basis of a Federal Disability Retirement application; the real world is beside the point.  Fiction, not reality; the narrative form, not the actual life experience; the excellently formulated disability retirement packet, and not the real-world pain of the medical condition; these comprise the basis of a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Overlooking an Essential Element

Potential applicants who are considering filing for Federal Disability Retirement benefits under FERS or CSRS will sometimes ask the question, What are the essential elements of one’s job?

Sometimes, the answer to the question is often easy to identify, especially if there are unique and distinct features to a particular type of Federal or Postal job.  Other elements are sometimes so obvious that they are overlooked — such as the fact that one must be able to work full time at a job.

Thus, the fact that a Federal or Postal worker is able to work 4 hours a day, or 6 hours a day, and be able to perform all of the other essential elements of his or her job, does not preclude one from being eligible for Federal Disability Retirement benefits under FERS or CSRS.

Further, if the Agency is being “nice” and “accommodating” by allowing for the remainder of the hours to be covered by sick leave or even LWOP, does not preclude the Federal or Postal employee from filing for, and being eligible for, Federal Disability Retirement benefits under FERS or CSRS.

Being able to work full time in a full time position is an essential element of the job.  Don’t overlook the obvious; the obvious is often the gateway to success.

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement: If all Roads Lead to …

If all roads lead to Point A, then it is obviously Point A which is of importance; the multiple roads which lead to it, while supportive and secondarily of importance, it is that critical point which must be taken care of.  This principle is important to keep in mind in preparing a Federal Disability Retirement application under FERS or CSRS.  What is the critical “Point A” of the process?  What is that essential centrality around which everything else coalesces and points back to?  That which is determined to be the foundational center of any process is that which must be thoughtfully formulated and constructed. 

In a Federal Disability Retirement case, for Federal and Postal workers under FERS & CSRS, that critical “Point A” is the Standard Form 3112A — the Applicant’s Statement of Disability.  Think about it for a moment.  That is the form — and the opportunity — to discuss the medical conditions; how the medical conditions impact one’s inability to perform one or more of the essential elements of one’s job; whether or not your medical condition can be accommodated, etc.  What is the relevance of a medical report?  Its relevance surfaces only when it is explained in relation to one’s job.  What is the relevance of a job description?  Its relevance emerges only in relation to the explained medical condition.  What is the relevance of how a medical condition impacts one’s life outside of work?  Its relevance becomes apparent only in relation to its pervasiveness and described impact.  All of these issues become relevant because they point back to Point A — the Applicant’s Statement of Disability.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Applicant’s Statement & Essential Elements

When an applicant for FERS & CSRS Federal Disability Retirement benefits begins to craft his or her Applicant’s Statement of Disability, certain foundational questions must be considered before composing the historical, emotional, substantive and impact-descriptive narrative.  For instance, to the legal criteria, To be eligible for Federal Disability Retirement Benefits, one must show that one’s medical conditions prevent one from performing one or more of the essential elements of one’s job — the initial and most foundational question obviously is:  What are the “essential elements” of one’s job? 

Now, that may seem like a simple — even simplistic — question.  One needs only to look at the official position description and pick out the major factors of the position.  If only it were that easy.  For, there are many “implicit” essential elements which are not explicitly stated, and it is often those unspoken, “un – described” elements, which are directly impacted by one’s medical conditions and disabilities, which must be creatively woven into the narrative of one’s disability statement.  Always remember to take care of the “foundational” issues first; thereafter, the narrative can extrapolate from the major factors of the position description.

Sincerely,

Robert R. McGill, Esquire