Disability Retirement for Federal and Postal Employees: The Diatribe

There may well be an appropriate time for a lengthy diatribe.  The act itself often finds its impetus in bitterness; it also implies a lack of control, overwhelmed by anger and originating in attribution by an act of injustice.  But where emotion controls rationality, the loss of sequential propriety normally results in a corresponding lack of coherence and comprehension.

For Federal and Postal Workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal Worker is under FERS or CSRS, the urge to right past wrongs is a compelling force which often erupts in a diatribe of sorts, within the content of a Federal Employee Disability Retirement claim. This is, unfortunately, a self-defeating proposition.

Yes, agency actions often comprise a compendium of injustices; yes, treatment of coworkers can be the basis of collateral actions; yes, discriminatory behavior may be a justifiable basis for filing EEO actions; but, no, weaving one’s frustration into the substance of a Federal Disability Retirement application is not the right path to take, for the simple reason that it is not the appropriate venue in which to vent.

Federal and Postal Workers who intend on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, need to bifurcate the issues, and recognize the practical dualism in existence:  OPM is a separate Federal agency from the one employing the chronically ill or injured Federal Worker who intends to submit a Federal disability Retirement application (in most cases, unless of course the Federal employee works for OPM — and even then, the section which reviews the Federal Disability Retirement application is separate and distinct within the agency).

Context and appropriateness are invisible lines which need to be followed.  Diatribes may have their place in literature; it rarely serves a useful purpose in filing for CSRS or FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The Unique Story

This is a world which requires conformity and uniformity; eccentricity is a leisure which few can afford, and as the world operates on a factory-like assembly line, where productivity is the measure of one’s worth, so the uniqueness of a story gets lost in the fading echoes of a scream one hears in a solitary cave, where the sound of one’s cry reverberates deep into the chasm of darkness and the silent quiescence of water dripping upon a moss-covered granite surface.  That is why the poignancy of Chekhov’s story about an old man’s grief and his need to tell his story of the death of his son, resonates with us.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to strike the proper and delicate balance between recognizing the “uniqueness” of one’s case, and the pragmatic acknowledgement of the bureaucratic need of the Federal Agency (both one’s own as well as the U.S. Office of Personnel Management) to have a conformity of one’s story.

Yes, some history and background can be told in the Applicant’s Statement of Disability (although one must be careful in avoiding the pitfalls of ‘situational disability‘ and other issues); yes, one can provide some additional details of one’s ‘story’; but, ultimately, the issue which must be addressed is the legal one:  the essence of the case remains the same throughout.  Throughout, always prepare the Federal Disability Retirement case to conform to the law.

One’s story is unique; the uniqueness must be conformed to a standard of legal proof in order to meet the requirements of Federal Disability Retirement law; once told and conformed, you can still go out and relate your story to those who have a willing ear.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Undue Focus upon Minutiae

It is like the story of the man who rushes in breathlessly and declaratively warns others of the impending tornado, and with only minutes to spare, he is stopped and asked, “But will we still be able to watch our evening shows?”  The focus upon relevant details; of the “larger picture“; of logical and sequential sets of facts, as opposed to getting irrelevant information correctly stated, is often a problem in writing effectively.

The ability to use discretionary choices in separating factually important descriptions from those which are tertiary at best — will result in having the reader focus upon the essential aspects of one’s presentation, in any context or forum.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is vitally important to separate and bifurcate that which is primary in importance, that which is secondarily of relevance, and those factual minutiae which, even if left out, will make little or no difference to the substantive content of a Federal Disability Retirement application.

Often, Federal and Postal employees who suffer from severe psychiatric conditions will unduly focus upon minutiae which, in the context of their medical conditions, are exponentially quantified in magnified importance beyond reason or rationale.  One must understand that such is the very nature of the psychiatric condition itself; but recognizing it as such, and trusting in the wise counsel and advice of one’s attorney, is the best first step in making sure that one’s Federal Disability Retirement application will have a fighting chance for an approval.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Substance and the Spaces in Between

The philosophical conundrum involving the ability to distinguish between dreams and reality, rests upon a fundamental confusion on the part of the thinker:  one would not be able to discuss the concept of dreams, unless there is first a presumption about reality.

The fact that we can discuss whether or not X is a dream, is precisely because there is already a pretext of a reality.  Similarly, in almost every other area of conceptual discussions:  appearance versus reality; essence versus the peripheral; and multiple other instances.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to stick to the “substance” of one’s claim, lest the verbiage and the spaces in between detract and confuse the Case Worker at the U.S. Office of Personnel Management.

Issues which lead one away from the essence of a Federal Disability Retirement application, such as anger at a supervisor; a rant against the agency; undue focus upon the hostile environment created by the agency; all of these can seem as real as the reality of a dream; but however real a dream may appear, one awakens, and the reality of the real world suddenly forces itself upon us.

In a narrative telling of one’s disability and its impact upon one’s life, it is not the “spaces in between” which tell the story; it is the story itself.  Thus, all roads should lead back to the essence of one’s narrative:  the medical condition, and how that condition prevents one from performing one or more of the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Disappointment of a Denial

A Denial Letter from the U.S. Office of Personnel Management quashes the Federal or Postal employee’s plans for the future, which includes an ability to secure a stream of income, to have the recuperative period in which to recover from a progressively deteriorating medical condition, and generally to be able to “move on” in life.  As all rejections have a negative impact upon a person — in terms of emotional, psychological as well as practical consequences — so a denial letter from OPM is seen as a rejection of a compendium of submitted proof concerning a Federal Disability Retirement application.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one becomes completely and totally involved in the gathering, compiling and submission of the documentation, statements, narratives and records in order to “prove” that one is eligible for Federal Disability Retirement benefits.

Such totality of involvement often betrays an ability to remain objective in a case; for, by definition, self-involvement diminishes the ability of an individual to be able to step outside of one’s self, and to evaluate the effectiveness of an endeavor apart from the subjective perspective which everyone brings to bear upon a project, issue, work product, etc.  But objectivity is important, because an uninvolved, detached assessment of a Federal Disability Retirement application evaluates the viability of a Federal Disability Retirement packet without the concerns already indicated — those emotional, psychological and practical consequences which form a part of a person’s being.  That is why having an advocate or legal representation is an integral part of preparing, formulating and filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Workplace Issues

The reason why workplace issues, whether having any relevance in a Federal Disability Retirement application or not, continue to be insidious in their persistent appearance and stubborn insistence upon dominating an Applicant’s Statement of Disability, is because they are often perceived to be the originating cause (or so it is often thought to be by the Applicant who is preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS) of a medical condition.

Whether the age-old question of the “egg before the chicken or the chicken before the egg” is answered, and in what way, is often the wrong approach to take.  More often than not, when a medical condition begins to progressively deteriorate a Federal or Postal employee’s health, and the impact upon one’s ability/inability to perform the essential elements of one’s job begins to manifest itself to supervisors, coworkers, managers, etc.; at about the same critical juncture, harassment — or the perception of harassment — begins to occur. Such workplace issues then begin to exponentially quantify and exacerbate, feeding onto each other:  the workplace issues begin to exacerbate the medical condition; the stress-levels rise; soon thereafter, agency efforts to protect itself begin to get triggered — counseling letters on leave usage, sick-leave restriction, placement of a Federal or Postal employee on AWOL, 14-day suspensions, placement on a PIP, all begin to erupt.

The key in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, however, is to have the self-discipline to identify which workplace issues are relevant to bring into the arena of an OPM disability retirement application. Discipline in such matters is a difficult measure to undertake; however, it is a critical step to recognize and initiate, bifurcate and separate, and where irrelevant, to excise and discard, when preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: A Proper Sense of Objectivity

In preparing, formulating and filing a Federal Disability Retirement application under FERS & CSRS, one might ask the legitimate question as to why a “proper sense of objectivity” is even necessary, given the obvious fact that:  A.  The applicant is identical to the person whom the application is about and B.  

From the Merit Systems Protection Board cases touching upon the types of evidence which the Office of Personnel Management is required to accept and review, subjective evidence of pain is acceptable and must be considered.  While both of these statements (A & B) are true, the problem comes about when the focus of the discussion concerning the basis and reasons for granting of a Federal Disability Retirement application under FERS or CSRS are without a proper discussion of the medical conditions which should be discussed in the medical reports and records themselves.

This is where the bridge between the applicant’s own narrative of the medical condition and a proper perspective and balance of a discussion concerning the medical evidence being submitted, is often lost when the applicant for Federal Disability Retirement benefits is unrepresented, and is therefore one and the same as the person who is preparing the application.  

Some sense of emotion is never harmful; some sense of passion and strength of conviction is certainly preferable; too much of the “I” will, however, often result in the loss of the proper sense of objectivity in the formulation of a Federal Disability Retirement application under either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Proper Balance

The Office of Personnel Management has sent out a number of denials in recent weeks, and the undersigned attorney has had multiple opportunities to review many of the cases which have been submitted at the Initial Stage of the process, by Federal and Postal workers who are or were unrepresented by an attorney.  

The spectrum of the quality of the applications vary; some have obviously engaged in some research, and attempted to put together a Federal Disability Retirement application by following some guidelines which have been put forth.  But in most cases, there is still the problem of an “imbalance” — of not reaching the correct median between the subjective and the objective; of an inability to stay away from the workplace issues, of harassment, of complaints about the Agency, etc.  

Remember that this is first and foremost a medical disability retirement application, and the operative term which should always be focused upon and emphasized is the “medical” aspect of the formulation.  While there is ultimately no formulaic Federal Disability Retirement packet (precisely because the particular medical condition which is unique to each individual resists any such attempt to package a Federal Disability Retirement application in a generic sort of way), nevertheless, there are certain key points which should be addressed and emphasized, while other “non-key points” should be avoided.  

Put in a different way, in proving that a medical condition prevents a Federal or Postal employee from performing one or more of the essential elements of one’s job, one must include multiple “essential elements” in meeting the burden of proof.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Thanksgiving

In representing Federal and Postal employees for Federal Disability Retirement benefits under FERS or CSRS, one encounters multiple medical conditions, from the very severe and debilitating, to manageable but chronic conditions which impact one’s ability to perform the essential elements of one’s job.  

Such review of medical conditions and recognition of what many Federal and Postal employees must undergo, is often a humbling experience; for, while a lawyer’s job is to focus upon the legal aspects of a case, and to bifurcate one’s personal “feelings” as distinct from the legal issues, the antiseptic medical facts, and the ability to provide an objective, analytical view of all of the facts and circumstances — such conceptual bifurcation has its limits.  

Daily, Federal and Postal employees who suffer from various medical conditions must make difficult choices about their future, their career, and their work & personal obligations.  It is well to pause during this Thanksgiving to reflect upon the blessings that we have, as opposed to conditions which have resulted in the loss or reduction of that which we do not have.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Objectivity & Credibility

Whether justified or not, the conceptual interconnection between objectivity and credibility is inseparable.  This general rule is no different in filing a Federal Disability Retirement application under FERS or CSRS.  The appearance of objectivity naturally lends itself to credibility of an application.  If too much emotional fervor is infused into an application, the credibility of the application is immediately undermined.  Now, because any discussion concerning a medical condition, the impact of a particular medical condition upon one’s ability or inability to perform one or more of the essential elements of a job; impact upon one’s personal life, etc., inherently and necessarily encapsulates an emotional perspective, does this mean that most — if not all — disability retirement applications are somewhat undermined at the outset?  No, of course not.  The characterization of the application; the tone, tenor and approach, are all conveyed in the narrative of the application.  This is precisely why it is often dangerous for applicant to be one and the same as the person who prepares the Federal Disability Retirement application.  The subjective cannot become the objective without great effort; and few are able to expend the proper effort to effectuate the balanced tone of objectivity.

Sincerely,

Robert R. McGill, Esquire