Federal Disability Retirement: Peripheral Vision

Something catches one’s notice; perhaps an odd movement, a dotted color scheme of minute origins and insignificant except in contrast to the toneless surroundings; or, because of a survival instinct still active from a forgotten history of evolutionary need, a signal of caution that danger may be lurking.  The eyes shift; the attempt to focus upon that which was noticed through one’s peripheral vision, is suddenly lost forever.

No matter how hard you try and focus upon that which seemed perceptually evident, but somewhat indistinct, where one’s peripheral vision caught a moment of certainty, but now the direct visual assault is unable to locate that which existed outside of the parameters of the obvious.  As much in life is an anomaly which can only be adequately cloaked in metaphors and analogies in order to reach a semblance of understanding and comprehension, so the loss of that which existed on the edge of perception can never be understood, where directness fails to hit the target, but indirectness does.

Much of life is like that; we think we have it all solved, or under control, when suddenly chaos and the abyss of timeless disruption overtakes us.  Medical conditions have a tendency to do that.  It is, to a great extent, a reminder that our souls are not the property of our own selves, but only on borrowed time, to be preserved and valued through a course of time within a boxed eternity of complex circumstances.

For Federal employees and U.S. Postal Service workers, when a medical condition hits upon the very soul of one’s being, and begins to prevent one from performing one or more of the essential elements of one’s ability to perform the positional duties of the Federal or Postal job, consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

The beauty of life can be missed entirely if the focus is always upon the directness of existence; sometimes, we lose sight of the obvious when we fail to prioritize and organize the conceptual constructs given to us in a world of color, light and blazing conundrums of caricatures.  A medical condition is a trauma upon the body, mind and soul; continuing in the same directed assault upon life, without pausing to change course, is the worst path one can take.

Filing for Federal Disability Retirement benefits is an option which allows for reduced stress, potential future security, and time acquired in order to attain a plateau of rehabilitative peace.  It is a benefit offered to all Federal and Postal employees who have met the minimum requirements of Federal Service. That once forgotten art of perceiving beauty in a world of concrete and ugly structures of septic silliness; it is often the peripheral vision which catches a glimpse of life, and not the monotony of mindless work forging ahead in a blind alley of repetition.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Essence of the Case

Ultimately, the “essence” of a thing is defined by a multitude of characteristics; but when a query is made as to what X “is”, as opposed to what it is “not”, the attempt to describe X is almost always rendered inadequate or deficient.  It is not enough to say that X is “not A, B or C”, for it may be equally true that Y is also not A, B or C, and yet X is not identical to Y.  

When an individual asks the unanswerable question, How does one successfully apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management? — the answer cannot be formulated by delineating a list of don’ts (although that may be helpful in a great majority of cases).  Rather, the reason why such a question is untenable, aside from being too generalized a question, is that each particular case requires a different and unique set of answers.  

Yes, there are general applicability standards which one must follow (i.e., sufficient medical documentation; knowledge of the relevant laws; an understanding of the legal concepts involved, etc.).  Yes, there are standard forms to complete (SF 3107 series FERS employees; SF 2801 series for CSRS employees; SF 3112 series for both FERS & CSRS employees) — but how they are completed, and the information provided, must be carefully formulated.  How one puts together a Federal Disability Retirement case is just as important in getting at the essence of a Federal Disability Retirement case, than trying to figure out the different components which make up a case.  

The “essence” of a thing is a sought-after jewel which has been an ongoing event throughout Western Philosophy, from Plato and Aristotle, to Heidegger and Husserl; it has only been in recent years that such a search has merely turned into a Wittgensteinian language game; and with the U.S. Office of Personnel Management, perhaps it is proper that it has become so.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Undue Focus upon Minutiae

It is like the story of the man who rushes in breathlessly and declaratively warns others of the impending tornado, and with only minutes to spare, he is stopped and asked, “But will we still be able to watch our evening shows?”  The focus upon relevant details; of the “larger picture“; of logical and sequential sets of facts, as opposed to getting irrelevant information correctly stated, is often a problem in writing effectively.

The ability to use discretionary choices in separating factually important descriptions from those which are tertiary at best — will result in having the reader focus upon the essential aspects of one’s presentation, in any context or forum.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is vitally important to separate and bifurcate that which is primary in importance, that which is secondarily of relevance, and those factual minutiae which, even if left out, will make little or no difference to the substantive content of a Federal Disability Retirement application.

Often, Federal and Postal employees who suffer from severe psychiatric conditions will unduly focus upon minutiae which, in the context of their medical conditions, are exponentially quantified in magnified importance beyond reason or rationale.  One must understand that such is the very nature of the psychiatric condition itself; but recognizing it as such, and trusting in the wise counsel and advice of one’s attorney, is the best first step in making sure that one’s Federal Disability Retirement application will have a fighting chance for an approval.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Determining Peripheral Issues

It is important in preparing a Federal Disability Retirement application to make the distinction between essential, substantive issues which will need to be addressed, and those issues which should be deemed “peripheral”.

The substantive issues should be those which go to the “heart” of your case (i.e., the medical disabilities; the impact upon the work; sometimes, the issues concerning medication regimens and treatment modalities, etc.).  The peripheral issues are those which will not only detract from the essential issues, but also some which may, if focused upon too prominently, derail a Federal Disability Retirement application.

Further, a potential applicant for a Federal Disability Retirement must have the wisdom and discernment to sometimes leave an issue alone.  Perhaps an issue is brought up by a Supervisor in a Supervisor’s Statement, or in the SF 3112D concerning an accommodation issue; or perhaps it is brought up on an SF 50.  In any event, remember the general dictum that if a person protests an issue too vehemently, it may bring the attention and focus of the Office of Personnel Management upon an issue which otherwise may have been ignored.

Such approaches in determining peripheral issues from substantive issues are made in the course of filing for Federal Disability Retirement benefits, based upon experience, wisdom, and discernment.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for Federal & Postal Employees: Complexity & Collateral Issues

The very complexity of a case can often intersect with attempting to include collateral issues which arise in the workplace.  This is true for those filing for Federal Disability Retirement benefits under FERS or CSRS.  Of course a Federal or Postal employee may pursue independent but collateral issues, such as an EEOC Complaint, an independent issue governed by the Merit Systems Protection Board, a grievance issue through the agency, etc., and for the most part, such issues will be treated independently and will not directly impact a Federal Disability Retirement application, unless you choose to directly inject the issue into the application.  That would normally not be a wise decision.  It is important to keep the collateral issues as separate and apart from the Federal Disability Retirement application, unless that particular collateral issue has a direct bearing upon proving that, as a result of a medical condition, you are no longer able to perform one or more of the essential elements of your job.  Otherwise, you unnecessarily complicate your disability retirement case.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Benefits for Federal & Postal Employees: Peripheral Issues

The reason why it is important to keep the peripheral issues where they belong — outside of the primary focus of a Federal Disability Retirement application, and not inject such issues, complaints or narratives — is because they can have multiple unintended consequences.

If a Federal or Postal employee is engaged in collateral litigation, complaints, grievances or other outstanding administrative filings, including EEOC Complaints, lawsuits, formal grievances, MSPB appeals, etc., while for the most part such collateral filings will not directly or indirectly impact a Federal Disability Retirement application, they can if you directly inject such issues into the application for Federal Disability Retirement.

In other words, if in the Applicant’s Statement of Disability (SF 3112A) , you refer directly to an outstanding EEOC Complaint, then it may spring forth a red flag that your case is one of “situational disability“.  Just a thought.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Complex Case

It goes without saying that each case of preparing and filing a Federal Disability Retirement application under FERS or CSRS is a “complex case”.  There are multiple intervening issues, including peripheral issues encompassing OWCP filings; issues with SSDI and whether to aggressively pursue it even with the offset and the lower cap for earnings; EEOC filings and collateral issues which may or may not have a direct impact upon the issues which must be focused upon in filing for Federal Disability Retirement benefits.  It is the job of an OPM Disability Attorney to tailor the issues, such that the peripheral issues do not overwhelm and dictate the centrality of a case; and to ensure that the central focus remains like a magnifying glass upon those issues which are relevant, not only to the client and to the entire process, but most importantly, to the person reviewing the case at the Office of Personnel Management.  Whenever an inquiry begins with the statement, “Mine is a rather complex case,” I realize that the primary job is to try and simplify the complexities, and that begins with narrowing the issue down to the single focus of the reason why the caller is calling in the first place:  the medical condition, and how that medical condition impacts one’s ability to perform one’s job.

Sincerely,

Robert R. McGill, Esquire