Federal Worker Disability Retirement: Contemplative Action

Contemplation for the sake of “in and of itself” can be activity without purpose or end, and can lead to inertia; for the living of modern life inherently has demands of actions — of “making” a living, of “producing” results, and “accomplishing” set goals and purposeful ends.  But contemplation for the sake of an end is in and of itself a useful activity.  

Part of the “preparation” of the oft-used phrase (used repeatedly in these blogs), “In preparing, formulating and filing…” is the very act of contemplation — of formulating a plan of action for the securing of one’s future.  For, the Federal or Postal employee who is considering filing, as some future event, a Federal Disability Retirement application either under FERS or CSRS, with the Office of Personnel Management, must contemplate the emotional, financial, and future impact of such an action, and there is indeed much to contemplate in the very pre-preparatory stage of the administrative action.  

Can one endure the long wait of the administrative process?  Does one have a supportive medical community to provide the documentary support necessary to be successful?  Will one’s family, friends, etc., understand and empathize?  What will be the reaction of those who will be informed — family, coworkers, supervisors, doctors, etc.?  

I often state that the “Holidays” should not be a time to iron out differences within the family, but instead should be a time of “coming together” and enjoying the time and life away from the daily comedies of the modern life style; that such “ironing out” should be done during those other periods of the year.  But such respites as the “Holidays” can and should be used to contemplate and formulate a plan of action for the future; and in the quietude of Thanksgiving and Christmas, it may be time to huddle around a contemplative time of gathering, in order to secure a brighter future.  

Remember, preparation is the key to success, and wise and good counsel should always be a part of that preparation.  In dealing with the Office of Personnel Management in preparing to file for Federal Disability Retirement benefits, it is often a good idea to have a contemplative phase, and to rely upon good advice and counsel.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: Discretionary Decisions

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, there are obviously the “basics” which one must submit, in order to meet the legal standard of proof of preponderance of the evidence.  

Thus, submitting “adequate” medical documentation which formulates a nexus between the medical condition upon which the Federal Disability Retirement application is based, and the essential elements of one’s job; writing the descriptive narrative to complete the Applicant’s Statement of Disability (SF 3112A), and filling out the other standard forms in order to meet the minimum requirements, are deemed “non-discretionary”, in that one does not have the choice of filing such paperwork  — it is a requirement.  

However, certain other documentation can be designated and categorized as “discretionary” —  whether to include certain medical conditions, and therefore medical documentation which bears upon the particular medical condition; whether to include paperwork from one’s OWCP, Department of Labor filing; Veteran’s Administration ratings, findings, medical documentation; Social Security Disability paperwork; additional statements from co-workers; Private Disability Insurance paperwork, etc.  

“Discretion” implies freedom to act or not act, but the problem will often arise, “In what context”?  Discretion is a wonderful, liberating position to be in; acting effectively in a discretionary manner requires research, and knowing the relevant criteria to apply in making a proper decision; and an understanding of the laws governing Federal Disability Retirement in making the “right” discretionary decision.  

Using discretion in making discretionary decisions is the key to obtaining a positive discretionary determination from the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire