Tag Archives: online resources and information for the injured federal worker

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 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

Disability Retirement for Federal Workers: Information

Information is plentiful in this age of technology and the Internet.  But always remember that information is distinctly different from knowledge and truth.  A plethora of information does not necessarily constitute true, verifiable, useful, or accurate knowledge.  With all of the information “out there”, how does one verify the information?  

Further, with respect to filing for Federal Disability Retirement under FERS or CSRS, how does one discern correct and accurate information from information which, if used or relied upon, can actually result in a detriment?  One way is to spend some time reading and sifting through various sources of information; comparing the information; and further, seeing whether one can discover the underlying motivation or purpose of the source of the information.  Further, in seeking legal advice in filing for Federal Disability Retirement benefits, remember that you must ultimately make the determination as to competency,reliability, and capabilities.  Obtaining Federal Disability Retirement benefits is an important step in one’s life; finding the right information, and the right source of information, is an important first step in the process.

Sincerely,

Robert R. McGill, Esquire