Federal Gov. and USPS Disability Retirement: Information Overload

Before we even became comfortable with the assignation of the term, “information age“, we were informed that we have already entered into the “post information age”; one has no idea where one stands today because of the lightning speed of our times.

Whether human nature can withstand the onslaught of such rapidity and volume of the multiplicity of component data; of what consequence we are creating in our very midst; whether destruction of societal relationships and connections are truly best for the survival and continuation of our species; all of these concerns matter little.  For, like the story of the complex machine which was once created, and for which Man forgot to build an “off switch”, the ever-forward trajectory of the age of infinite information encroaches whether we desire it or not.

Technology is dependent upon the newness of the next generation of dazzling whistles.  The desire for greater enhancement of stimuli is wired within the human psyche; and like the rat which becomes addicted and comes back for more, we require the overload.

For the Federal and Postal employee who is beset with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the process of gathering, incorporating, and applying the information concerning Federal Disability Retirement and the bureaucratic process of obtaining the benefit can be, at best, a daunting task. There is always that “piece of evidence” of statutory linkage which must be considered; and as technology continues to progress without regard to individual circumstances, it is anathema to the regressive nature of a progressively deteriorating medical condition.

Ultimately, however, in whatever “age” we find ourselves in, we must play by the rules of the game, and acquire as much information as we can, and be able to filter that which is relevant as opposed to mere fluff.  Like the proverbial bubble filled with hot air, there is much information “out there” which is either irrelevant, inconsequential, or simply filled with errors.  One must be careful as to the source, and who to listen to.

For Federal and Postal employees under FERS or CSRS, the process of filing for Federal Disability Retirement will be a long and complicated one.  How one gets there will be the key; what information to use, and what tools to covet, will make all the difference in this complex world of post-whatever in which we find ourselves.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Misinformation

The problem with a society which provides unlimited information is that the traditional controls and mechanisms known for verification and validation of accuracy become diluted or altogether abandoned.  Plagiarism has become a pervasive problem; as vastness of information exponentially explodes, so the chances of being identified for unauthorized copying becomes infinitely lesser, while those who “play the odds” increase in boldness and in sheer volume.

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 a procedural requirement that — sometime during the process of filing with the Office of Personnel Management (OPM) — the Federal or Postal employee must show that he or she has filed for Social Security Disability Insurance (SSDI) with the Social Security Administration.  But it is the “when” which have become enveloped within a convoluted complexity of misinformation.

Various Human Resource Offices are insisting (in error) that SSDI must be filed before an application to OPM can be submitted.  Such misinformation may preclude a Federal or Postal employee contemplating filing for Federal Disability Retirement to meet the 1-year Statute of Limitations in filing for Federal Disability Retirement benefits (after separation from Federal Service), or for other Federal or Postal employees who are still employed, if only because the process of SSDI can be an equally, if not more so, of a daunting administrative process as filing for Federal Disability Retirement.  Further, in attempting to file online for SSDI, there is the question as to whether one is still employed, and if so, SSDI will not allow the online applicant to proceed any further, precisely because such an applicant would be immediately disqualified, anyway.

The fact and correct information is as follows:  At some point in the process of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the Federal or Postal employee needs to file for SSDI, and show OPM proof of such filing.  From OPM’s perspective, upon an approval of a Federal Disability Retirement application, they need to make sure that the Federal or Postal Retirement annuitant is or is not eligible for SSDI, for offset-provisions of benefits between SSDI and FERS.  Thus, it is ultimately merely a payment/compensation issue.  Filing for SSDI is not in reality a prerequisite for filing for Federal Disability Retirement benefits, but merely a check upon a coordination of payment benefits if both are approved.

In this vast universe of information, one must expect a correlative dissemination of misinformation; like the black hole in the greater universe of thriving galaxies and dying planetary systems, one can be sucked into the void of ignorance and suffer irreparable consequences as a result.  That is why Captain Kirk needed to be periodically beamed up — if only to make sure that the molecular reconstitution was properly performed in order to continue on in life.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Sources and Information

George Orwell’s classic work, 1984, depicts a society in which the gradual, systematic reduction of words, and therefore the availability of the use of words, is deliberately restricted and expunged from the universe of vocabulary.  Such reduction is performed through the issuance of the official dictionary, which comprises the totality of acceptability of language in his fictionalized society.

As words and the compendium of words comprise conceptual thought; as conceptual thought form to create ideas in a universe of human consciousness; and as rebellion is acted upon through the prefatory coordination of thought, so the stamping out of rebellious-driven words is the first step towards total control of man.

Orwell’s approach is interesting, but not the only way in which to control the populace.  The inverse approach is also as effective, if not more so: inundation of information can also paralyze a population from effective action.  In the real society of our age, the vast expanse of information has become the problem, not the lack thereof.

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 distinguish between information which is third or fourth hand (as in, “I was told that…” or, “A friend of mine said…”), and information which is accurate and of a reliable nature.  Further, each case is different and unique, and stories about what X did, or the fact that Y was told that a Federal or Postal Worker got Z, should ultimately be discounted.

Vast information in and of itself is worthless unless it is guided by truth, objectivity, and relevance.  Be aware of the unfettered information “out there”, for the source of information is just as important as the accuracy of such information.  In preparing, formulating and filing for Federal Disability Retirement benefits, the Federal and Postal employee must always be cautious of the source of any and all information.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Information in the Public Domain

In preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, there is a quantity of information which exists in the “public domain”.  Just as in the areas of social, professional and (unfortunately) personal lives, information on issues, people, concepts, etc., are plentiful, so similarly the legal arena has exploded with unending and expansive admixtures of facts, opinions and information.  That is the nature of this “information age“.  

Quantity of information, however, is not an indicator of the quality of such information.  Further, quality of information does not necessarily result in knowledge.  Knowledge is conceptually distinct from information.  The former encapsulates the application and effective usage of the former, while the former remains a vacuity of existence until it is formed and utilized.  

Proving one’s eligibility for Federal Disability Retirement benefits under FERS or CSRS requires both knowledge and information.  For, ultimately, it is the effectiveness of the formulated application, one which persuades and meets the legal criteria at the Office of Personnel Management, which is what matters.  As such, it is important to first reach out for qualitative information, then to seek out a Federal Disability Attorney who has effectively applied such information for his or her clients.  

In the search for information, always ask questions, for questioning should always lead the comfort of mind that the source of the answers will provide an effective use of information, both in quantity and in quality.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Clarifying Misconceptions

Information is interesting.  But not all interesting information is useful.  And, further, not all information, even if interesting and (potentially) useful, is accurate.  Ultimately, in order for information to be of practical use, it must be accurate, useful, and purpose-related.  Thus, when inaccurate (partial or complete) information is placed into the public domain, it often becomes useless, but remains interesting to the extent that people continue to rely upon such information.

In filing for Federal or Postal Disability Retirement benefits under CSRS or FERS, it is important to obtain, process, and apply useful and accurate information.  Two sets of basic information need to be clarified:  First, many Postal and Federal employees have been confused about SSDI and its impact upon Federal Disability Retirement and the application process in preparing, formulating and filing for Federal Disability Retirement benefits under FERS (CSRS exempted because an SSDI receipt is not necessary).  Showing a receipt for having filed an SSDI application is all that is needed.  An approval is not necessary; and, indeed, for most Federal and Postal employees, one will not ordinarily qualify for SSDI precisely because it has a higher standard to be eligible.

Further, a sequential showing is NOT necessary — i.e., one does not have to first file for SSDI in order to file for FERS Disability Retirement benefits.  All that is necessary, from OPM’s perspective, is that at the time of an approval of a Federal or Postal Employee Disability Retirement application under the FERS system, a Federal employee must show a receipt showing that one has filed for SSDI benefits.

The Second informational error to be corrected:  While somewhat redundant based upon the first, a Federal or Postal employee does NOT have to be approved for SSDI in order to file for Federal Disability Retirement benefits under the FERS retirement system.  That would be pointless and illogical, if one stops and thinks about it.  Again, all that is necessary is that one files, and one shows a receipt at the time of an approval of a Federal Disability Retirement application under the FERS system.

Yes, this is the information age; but it still comes down to a human being who places the information into the public domain, and the

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Information v. Essentials

There is a tendency to want to “reveal all“, as if not revealing every aspect of a narrative is somehow misleading, untruthful, or deceptive.  But there is a distinction to be made between information, whether it is background information or information pertaining to relevant facts and circumstances, as opposed to the essential core of a narrative.  

As the Office of Personnel Management attempts to reduce the backlog of Federal Disability Retirement applications under FERS or CSRS, it becomes more and more important for each application to be submitted in a streamlined, “only the pertinent facts” type of submissions.  This is not to say that all “relevant” facts must be distinguished from documents and submissions which provide for contextual understanding of a case.  Rather, the days when volumes of medical documentation of all treatment notes, test results, etc., without a guiding cover letter, may do more harm than good.  

In this day and age when there is so much information on the internet (much of which is irrelevant and meandering), it is good to keep in mind the conceptual distinction between that which is merely informational, and that which is essential.  For Federal and Postal workers who are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, make sure that you are focusing upon the essentials, and not merely providing information without context and relevance.

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement for Federal and USPS Workers: What Others Said

Often, during a consultation with a Federal or Postal employee, the issue comes up about what “X said” about “Y-issue”.  Information is plentiful, and especially in this age of the internet, the plethora of information, abundant in volume and scope, can seemingly provide the generic and universally appreciated mass of unidentifiable vacuity called, “Information“.

The problem is no longer the lack of information; rather, the problem is to be able to discern the difference between “useful information”, “relevant information,” “effective information,” and “peripheral information”.  In preparing, formulating, and filing a Federal Disability Retirement application, it is important to make the distinctions.

However, in this world of unlimited sources of information, a person who first approaches a subject — especially a subject involving legal consequences such as Federal Disability Retirement law — may have a difficult time in distinguishing between the various “types” of information.

Further, it is important to recognize the “source” of information — Who said it?  Where did it come from?  Is there statutory authority to back it up?  Is the source reliable?

These latter questions must also be asked, and the way to determine the credibility and reliability of information is often to take some time and cross-check information from various sources, and decipher as to whether a particular source provides a consistency of information which can be trusted.

When it comes to preparing a Federal Disability Retirement application, where one’s future may depend upon the information gathered, the Federal employee or Postal worker would be wise to “check out the source” before proceeding forth.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Office of Personnel Management

The Office of Personnel Management is taking a long time to process Federal Disability Retirement applications and benefits, at all levels of the process.  It is not something which can be corrected in the short term, except with patience and polite persistence.  From their point of view, the people working at the Office of Personnel Management are doing their best in reviewing and evaluating each Federal Disability Retirement case, and attempting to process all approved cases as expeditiously as possible.  But from the perspective of the individual applicant, whether awaiting for a decision by OPM or for payment because an application has already been approved, any delay beyond the normal, expected time-frame (and there is no timetable which is “set in stone” with OPM) is one which is unacceptable.  If an individual’s Federal Disability Retirement application has already been approved and that person is receiving interim payments, then he or she is awaiting for finalization of the case; that person, at least, is receiving some payment, and should be thankful for that, because there are many others who have gotten an application approved but has been waiting for months without any pay at all.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Information

I am sometimes asked whether or not, in providing detailed information concerning FERS or CSRS disability retirement, I am revealing “too much” information. The way that I look at it is this: Not everyone can afford an attorney. I try to set my fee structure in a fair, reasonable and competitive manner, so that most people are able to retain me. When people are not able to afford an attorney, information on the process, the substantive requirements, and the legal precedents, are important to be able to access. While information provides power, however, it is not the same as having an effective advocate representing a case before the Office of Personnel Management.

Further, one of the greatest compliments I find in providing the benefit of my experience and knowledge to the public at large, is when other attorneys (i.e. competitors) parrot my information and repackage and restate what I have said, in their own “blogs” and “articles”. Professionally, I have no problem with other attorneys accessing the same information as the public at large, and restating the same (or similar) advice concerning the process of filing for Federal Disability Retirement benefits under FERS & CSRS. Good law is just that — good law. Who uses it, how it is used, and what the “totality of the end product” results in, makes all the difference.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Coming Year

For all Federal and Postal employees who are considering, or may consider in the coming year, filing an application for Federal Disability Retirement benefits under FERS or CSRS with the U.S. Office of Personnel Management, I hope that this “continuing blog” has been helpful, and will continue to be helpful. 

In the coming year, I will attempt to stay on top of any changes in the current laws, including statutory changes (if any), any new developments handed down through opinions rendered by the U.S. Merit Systems Protection Board or the Federal Circuit Courts.  One’s future is what is at stake in making the all-important decision to file for Federal Disability Retirement benefits, and I will endeavor to remain informative, and provide you with a level of professionalism which all Federal and Postal employees deserve.

Sincerely,

Robert R. McGill, Esquire