Disability Retirement for Federal Workers: Substantive Interlude

An interlude is meant to provide an intervening period of change in order for the transition from one part of an event (e.g., a play or a musical piece, etc.) to another will occur without confusion.  It is likened to a grammatical comma or a semicolon.  But if the interlude itself cannot be distinguishable from the events from which, and to which, the transition occurs, then such an interlude has failed to accomplish the intended purpose for its very own existence.

In short, the minor event should never overshadow the primary themes of a presentation, but merely allow for a respite and period of transitional reflection.

In writing, while the technical methodology of “stream of consciousness”, recognized in writings by such notable figures as Faulkner and Joyce, one often gets the sense that such writers never experienced the need for an interlude, but always forged ahead with a never-ending focus of exploding words and conceptual intersections of thoughts and phrases.

This may well work in fiction; in technical legal writing, however, such an approach only confuses and confounds.

For those attempting to prepare, formulate or file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand the concept of an interlude, and to make it meaningful, in order to ensure that the core concepts which one is attempting to convey will have its intended impact.

Linguistic interludes are meant to allow for the reader to have a pause, a breath of reflection; streams of consciousness of jumping from one issue to the next, often referred to as the “shotgun approach”, is rarely an effective form of writing.  And, in the end, we want the recipient of the Federal Disability Retirement application to review and understand; to comprehend and appreciate; and ultimately to agree.

In order to do that, the Federal Disability Retirement applicant must be able to distinguish the world of ideas, from the greater universe of confused thoughtlessness, and that is where the substantive interlude comes into play.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Proper Endpoint

Matching the proper pairs of life’s “things” likely begins at an early age; it is a tool and ability which is perhaps developed, as opposed to an innate characteristic naturally existent like breathing or sleeping.  Have you ever come across someone who wears two different-colored socks?  And when the issue is inquired about, the response is:  “What’s wrong with that?  They match perfectly!”

Logic, sequential production, and causal connections do not necessarily arise from an innate sense of life; and that is precisely why Hume’s argument concerning the lack of a “necessary connection” between cause and effect, despite repeated observation of the same or similar circumstances, fails to give rise to an absolute confirmation of causality.

For the Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, however, it is necessary to understanding the strategic and logistical causal connections in preparing, formulating and filing for such benefits.  Thus, questions such as:  What is the endpoint? — is a necessary and important one.  By such a question, one will be forced to encounter the obvious and the not-so-obvious: Success and approval is the obvious; how to get there; what are the necessary elements to prove, etc. — are some of the basic “not-so-obvious” issues.

Even the logistical ones concerning endpoints:  Who to send the packet to, when, and within what timeframe?  Endpoints require answers involving preceding beginning points.  The ultimate answer prompts the intermediate questions.  While public display of different-colored socks may be somewhat inconsequential, properly preparing, formulating and filing a OPM Disability Retirement application may require greater tools than the ability to make color differentiations.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Details Determine the Path of Success

One is often asked concerning the steps to be taken in order to formulate a successful Federal Disability Retirement application.  Whether under FERS or CSRS, all such Federal Disability Retirement applications will ultimately be reviewed and critically analyzed by the U.S. Office of Personnel Management, to be determined as to whether such an application meets the legal standards for eligibility and entitlement under the statutes, regulations and case-laws governing Federal Disability Retirement.

As with all things in life, the path which one undertakes in an endeavor of this nature — the logistical “steps” that must be completed — will depend largely upon the particular facts of each case.  Yes, the general outline is somewhat identical for each; and, yes, the character and kind of evidence to be compiled may be similar.  But it is the uniqueness of the particular set of facts, for each Federal Disability Retirement application, which determines the type, extent and quality of a successful Federal Disability Retirement application.

Thus, to take an extreme example:  A Letter Carrier for the U.S. Postal Service who suffers a horrendous accident and becomes paralyzed, will not need much more than the emergency room and hospitalization records, and perhaps — and this is a “big” perhaps — a short (couple of sentences) statement from a doctor.

On the other hand, an IT Specialist working for a Federal agency who suffers extreme stress, will require a comprehensive medical report which details specific reasons as to the impact upon the positional requirements of his or her job.

As with almost everything in this complex compilation of sensory perceptions we identify as “life”, the details of a particular endeavor and encounter with a Federal Agency will determine the pathway to success; details matter, and 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 precisely the details which determine which devil will rear its ugly head, and how to avoid such devilish encounters.

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

Medical Retirement for Federal Workers: How We Go about Preparing a Case

The end product of a case — how it reads; the coordination of the facts, statements, allegations, and citation of law, etc. — reflects the process in which one has undertaken in order to arrive at that endpoint.  

Some cases present themselves like a compilation of bumps and potholes; others, as if a roadmap was never consulted and the wide expanse of the universe became a meandering and directionless compass.  Maps and compasses serve a purpose; they provide the traveler with a focused direction and purpose, and a sense that there is a straight line between two points — where to start, and where to go.  

In preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to have a sense of direction — a purposive roadmap in which the preparer of the application for Federal Disability Retirement benefits knows, understands, and implements a plan to reach the stated goal:  an approval from the U.S. Office of Personnel Management.  Yet, even the best of such preparers can never guarantee the successful outcome sought.  

What the “best of them” can do, however, is to take the terrain of the road, put forth a plan for the best route, then guide the “traveler” in the most efficient and effective manner possible.  One must work with the facts, and even if the facts are not always favorable, to give the best chance by avoiding dangerous pitfalls, and to present the safest route to the destination, all of which will provide the greatest opportunity for success.

How one gets from point A to destination B is the key to a successful Federal Disability Retirement application.

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