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

Disability Retirement from U.S. Federal Agencies: Creatures of Leviathan Proportions

Leviathan is both a mythological sea creature, as well as the title of a famous book authored by Thomas Hobbes. It represents that uncontrollable entity of gargantuan proportions, unstoppable and thoughtlessly destructive. It takes on many forms, many faces; or none at all. It is an entity of nondescript characteristic, and engulfs countless lives marked by unidentified graves.

For the Federal employee and the Postal worker who is lost in the bureaucratic shuffle of loss of identity, the concept of a Leviathan is both familiar, daunting and dismaying. There are countless tentacles of agencies and departments within the Federal Government, the largest of them including the Department of Veterans Affairs, the U.S. Department of Justice, The U.S. Department of Agriculture, the Department of Homeland Security, and the umbrella Department of Defense, to name just some of the larger ones.

Becoming a part of the mission of those, or any of the multiple lesser ones, can be an exciting venture. But when a medical condition begins to reduce the stature of one’s potential accomplishments and contribution to the mission of an agency, it becomes easy to get lost in the very size of the agency. Most such agencies have a centralized Human Resources Department, such as a “Civilian Personnel Advisory Center”, which is another faceless and gargantuan bureaucracy.  Personalized Human Resource offices are being gobbled up by the Leviathan of so-called efficiency of centralization; the “personal touch” is left on the side of the road to bigger is better.

For the Federal employee and the Postal worker who needs to file a Federal Disability claim, it is precisely that “personal touch” which is often needed, but is lacking because of the Leviathan of modernity.  Then, of course, the very agency which makes the decision of an approval or a denial — the U.S. Office of Personnel Management — is itself a sea creature of sorts.  Difficult to access and even more of a problem of finding information concerning one’s case, the Leviathans of the modern-day world must be constantly battled and confronted with effective swords and shields.

When a Federal employee or Postal worker suffers from a medical condition, such that the medical condition necessitates filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, it is important to understand the nature of the beast, and the fact that one’s own agency is merely one of many, and the modern-day David in a world of Goliaths may need more assistance than a mere handful of stones.

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

 

OPM Disability Retirement: Resisting the Urge to Panic

The process of preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is merely the first step in the long road to proving one’s eligibility for Federal Disability Retirement benefits.  

“Merely” and “first step”, of course, are conceptual triggers which have an expanded context for those who have been engaged in the informational infinity of articles, blogs, postings, etc., which are voluminous in quantity, and often questionable in qualitative reliability.  Putting together all of the medical documentation; formulating the nexus between the medical documentation and one’s position description; securing the support of one’s treating doctor; being persuasive and adequately descriptive in one’s applicant’s statement of disability — all of these are necessary steps before the actual filing of one’s Federal Disability Retirement application.  

Then, there is the long waiting process.  Thereafter, with the potential for a denial at the First Stage of the process, and a subsequent denial — at the Reconsideration Stage of the process — then preparing for an Administrative Hearing before a Judge at the Merit Systems Protection Board:  throughout it all, the urge to panic must be resisted.  

During the long and arduous waiting periods between a denial and the response to be submitted (or even sometimes between an approval and the beginning of interim pay; or between the receipt of interim pay and the finalization of one’s case), there is the looming financial pressure from not having sufficient income during such periods.  Those Federal and Postal workers who have prepared well and have the financial resources to endure the long period of non-pay status are fortunate.  Combining the difficulties of having a serious medical condition with the pressure of finances, the urge to panic is almost unavoidable.  

Ultimately, however, panic will not resolve the issue; the focus must be singularly placed upon attempting to prove, by a preponderance of the evidence, that one is entitled and eligible for Federal Disability Retirement benefits under FERS or CSRS, and whatever one’s circumstances, the future rests upon one’s ability to focus upon that goal.

Sincerely,

Robert R. McGill, Esquire