Epistemological Privilege and Federal Medical Retirement

The unique position of the individual in the greater world of objectivity — where the “I” dominates the subjective world but with a recognition that such a peculiar feature of the ego represents an almost insignificant, singular entity in a greater world of objects and other subjects — often results in a duality of opposing and contending, irreconcilable and incommensurable conclusions:  the centrality of a unique person, but a necessary and humbling recognition that in comparison to an infinite universe, one is merely a speck of irrelevance.

Bureaucracies tend to do that to a person.

The cold, indifferent and uncaring attitude of systematized control, requiring almost meaningless steps in order to complete a process mandated in order to achieve an end; you are merely a number to account for, in a greater administrative process of files to be audited.  For the Federal employee and the U.S. Postal worker who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the issue is how best to attempt to reconcile the need to speak about one’s self in the crucial and ever-important Statement of Disability, as required on the bureaucratic form SF 3112A, yet, at the same time convey a sense that “what” is being said is objective, scientific, and medically verifiable.

Too much of the “I” in the Statement of Disability will tend to undermine the validity of the narrative; too little of it, and it is merely a regurgitation of conveying to a disinterested individual, medical facts which fail to compel, persuade and convince.  The concept of epistemological privilege is one encompassing the unique privacy of the subjective person.  Left within that universe, it fails to reveal the impact of one’s interaction with the greater world.

But in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, it is important to recognize that remaining within the insular universe of epistemological privilege, may well undermine the efficacy of one’s Federal Disability Retirement application filed through OPM, and it is crucial, therefore, to recognize the dualism, attempt to strike the proper balance, and consider the weight of the narrative statement one must convey, including bridging the gap between one’s uniqueness in the subjective universe (the “I”), and the impact upon the greater world of objectivity (the description of one’s capacity and ability to perform all of the essential elements of one’s job).

Otherwise, the epistemological privilege will remain just that — lost in a world of subjectivity, and potentially to be rejected by the faceless bureaucrat in a world where you are merely one amongst many.

Sincerely,

Robert R. McGill, Esquire

Medical Disability for Civilian Federal Employees: The Inactivity

Waiting upon a third party or entity is often the hardest thing to do.  Waiting upon a bureaucratic process is an exponential aggravation of that same hardest thing to do, because one cannot fathom a reason or rationale for such dependency of unproductive time.

If there was actual knowledge of some accounting for activity during the process, it would perhaps justify the inactivity; but merely awaiting the sequential attendance of a case file which may or may not be reviewed on any given day, is a non-activity of an unknown and unknowable non-productivity of non-action. The result: frustration.

Now, one may argue that the voluntary submission into the world of bureaucratic waiting means that one has received that which was asked for; but this merely explains the cause, and solves nothing.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an administrative process which, unfortunately, requires patience, waiting, and a resolve that there will be an ultimate end to the process, given the right amount of time.

Then, of course, the Federal or Postal employee who is subjected to the long wait, must immediately comply with the time-limitations imposed if a denial of a FERS or CSRS disability retirement application is issued by OPM.  When it is upon them, the Federal and Postal employee must be patient; when it is upon us, there are strict time limitations which must be followed, or else…

The bureaucracy moves, albeit at a pace designed to test the patience of saints; but then, the old adage applies as always, that Federal and Postal Workers are the most virtuous of human beings, given that patience is still considered a virtue.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Medical Retirement: The Intersection of Interests

Throughout one’s life, most Americans have minimal contact with governmental bureaucracies and agencies, except to comply with Selective Service requirements, join the military, file tax returns, claim Social Security benefits in older age, etc. Such encounters are often considered bothersome, and many grumble and complain about the intrusive nature of such dealings. What is often not perceived, of course, is the vast amount of indirect statutory and administrative requirements placed upon private entities, which then shift burdens upon the private citizen, unbeknownst to the person entering the store, bank, etc.

For the Federal and Postal Worker, however, the daily bureaucratic encounters are part of one’s life. The Federal and Postal employee is part of that administrative process which impacts the private sector of the economy; they are, in essence, the “insiders” who make the mechanisms of government tick. As such, the Federal and Postal Worker often has little idea how the “private” individual views such inner workings, until he or she becomes just like the “outsider” and encounters a Federal bureaucracy in the same shoes as the private individual.

When the Federal or Postal employee finds it necessary to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, such a clash and intersection of interests suddenly takes on a new perspective. In one fell swoop, the Federal and Postal employee filing for Federal Disability Retirement benefits becomes both an “insider” as well as an “outsider” — the former, because he or she is still part of the Federal agency or Postal Service; the latter, because such dealings must ultimately be with an independent agency identified as the U.S. Office of Personnel Management.

Such intersection of interests often becomes befuddling; for, no longer is the encounter embracing the administrative and bureaucratic work to which one is accustomed; rather, it is to stand in line like other private citizens to file a claim for benefits.

Such a state of being, for the Federal and Postal Worker, can be likened to the deceased individual caught in Purgatory; and, indeed, perhaps some sins unknown and not atoned for, have been placed upon such Federal and Postal employees to have to encounter OPM in such a state. Whatever the reasons, such an encounter can be just as much of an eye-opener to the Federal and Postal employee, as a private citizen who encounters the complex bureaucracy of the Federal government for the first time in his or her life.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Bureaucracy

Most people, organizations and entities do not act with deliberate ill-intentions; rather, they fail to think, and actions emanating from thoughtlessness often constitutes the negation of good.  Bureaucratization often results in the unintended consequence of negating the good; for, in following a set pattern and algorithm of administrative procedures, consideration for individual circumstances cannot be excepted.

One can argue, of course, for the positive aspects of a bureaucracy — of the equal treatment of all; of applying the same standards and criteria across the board, regardless of individual needs; and there is certainly something to be said for expunging the capacity for human favoritism.  But bias and favoritism will always pervade; it will merely take on a more insidious form.

For the Federal and Postal Worker who is suffering from a medical condition such that the medical condition is impacting one’s ability to perform the essential elements of one’s job, encountering the bureaucratic process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will become a necessary evil to confront.

The key to a successful interaction with the administrative process will be to reach beyond the faceless bureaucracy, and to make relevant one’s own particular and unique facts and circumstances.  That is a tall order to face, in the face of a faceless bureaucracy.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Bureaucracy and the Objective Algorithm

On the one hand, objectivity can be viewed as a positive thing; for, with it, one is assured that all applications are treated equally, by the implementation of identical criteria across the board.  “Gut feelings”, personal beliefs, and that “sixth sense” is eliminated; and thus is fairness achieved by the equal treatment of all cases, and “exceptional circumstances” are not, and cannot be, considered.

What such an approach gains in large-scale application, however, may lose out in individual cases.  For, if experience and age accounts for anything, it should allow for decisions made outside of the mainstream of thought, based upon those very factors which make up the difference — wisdom from years of engaging in a particular endeavor.

The problem with the bureaucratization of a process is precisely that it fails to allow for exceptions; but concomitantly, it is precisely those unique circumstances which cry out for a carved-out exception.  In a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, there are always cases where all of the facts and circumstances reveal eligibility; but in applying the mathematical (and thoughtless) algorithm of criteria-based analysis, there may be something missing.  Perhaps the doctor would not, or could not, say exactly X; or the test results revealed nothing particularly significant.

In some ways, the medical conditions identified as Fibromyalgia or Chronic Fatigue Syndrome represent such scenarios.  In those instances, it is important to descriptively convey the human narrative in a particularly poignant manner.

The administrative bureaucracy is here to remain among us; to rise above the level of thoughtless application of a criteria, however, one must creatively encourage the phoenix to rise from the ashes of boredom, and span its wings to include those others who deserve the benefits of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Power and Responsibility

It has often been stated that, when an individual possesses the power to do X, there falls upon the individual the concomitant need to exercise such power with responsibility.  Thus, the shortened statement, “With power comes responsibility”.

In applying for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal and Postal employee quickly realizes that the entity which holds all of the “power” in the administrative, bureaucratic process, is the U.S. Office of Personnel Management.  Like any large organization, OPM is possessed with a variety of individuals, each exhibiting differing facets of personalities and approaches.  Such variations, however, should of course be veiled by a veneer of professionalism, and the power which they hold — of determining the approval or denial of a Federal Disability Retirement application — is indeed extensive as it applies and impacts the Federal or Postal employee who has made the application for Federal Disability Retirement benefits.

The “power” which OPM holds extends not only to the approval or denial of a Federal Disability Retirement application, but moreover, to the length of time a person must wait for the decision, and then even after a decision, how long before payments will be initiated.

The “responsibility” portion of the equation involves and encapsulates the application of a fair and equitable review of one’s application; a thorough reading of the medical reports and records; and an objective analysis of the applicant’s statement of disability, the comparison to the position description, and a comprehensive understanding of the doctor’s reports.

That OPM holds the former (power) is unquestioned; that they exercise the latter (responsibility) is sometimes in question, but fortunately, there are different levels of appeals, and it is the administrative process as a whole which continues to retain its integrity, and for that, we may all be thankful.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Time

Attempting to order life in accordance with a schedule which one has manufactured is often an impossible task to perform; when dealing with a Federal bureaucracy, it is moreover an unwise thing to attempt.  

Preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS necessarily and inherently takes time.  In addition to time, it requires foresight into possible delays, both predictable as well as unintended.  While a general timeline of 8 – 10 months from the start of the process (meaning, the initial gather of the medical documentation and narrative reports, compiling the evidentiary documentation necessary to prepare a case; formulation of the Applicant’s Statement of Disability, etc.) to the time when an approval letter is issued by the Office of Personnel Management in response to the First or Initial Stage of the Process, is a realistic assessment of the time involved, there are multiple events, issues and intervening pitfalls which can interrupt and disrupt such a generalization.  

A cushion of time should always be considered.  More than that, however, the Federal or Postal employee who becomes frustrated with the lengthy process avoids thinking about the months and months of delay and procrastination which was engaged in at the “front end” of the entire process — where, for months and months, the Federal or Postal employee kept putting off starting the process to begin with.  

Remember that preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is a process involving a Federal bureaucracy and, as such, the inevitable virtue of patience must be stored in plentiful quantities, to be harvested during the waiting time.

Sincerely,

Robert R. McGill, Esquire