Disability Retirement for Federal Workers: The Danger of Malleable Concepts

Concepts which retain the ability to alter in chameleon-like fashion, switching from subject to object, from noun to adjective, is one which must be used with care and loathing.  For, as the old adage goes, that which can be used as a shield, may also be applied as a sword, and such malleability and changeability can both protect, as well as be used against one.  So it is with stress.

The word itself can be applied in various language games and conceptual constructs, as in:  “I am under a lot of stress”; “The stress is killing me”; “The place where I work is very stressful“; “I suffer from stress”; “The stress I am under is literally killing me”; and many other linguistically transformational usages.  But when it comes to applying the term and concept in a Federal Disability Retirement application, whether under FERS or CSRS, one must take care in usage, applicability, and appropriate insertion both as a medical term as well as in everyday common verbiage.  For, stress itself is rarely a valid basis, standing alone, for a Federal Disability Retirement application; and if used wrongly, can be deemed as implying a situational medical condition unique to the individual’s workplace — something which OPM will pounce upon in order to deny such a claim.

Malleability can be a positive force; but that which stands with you, it can also switch sides and suddenly turn against you.  Better to have a steadfast friend than one who seeks greener pastures in a wink of the eye.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Compartmental Clarity

Compartmentalizing issues, concepts, various technical terms, etc., leads to greater clarity, and therefore cuts down upon misunderstandings.  Ultimately, the ability to utilize and comprehend the proper technical terms in any area of law, or in a general sense of becoming “competent” with an issue, requires the proper adoption of a language game (as Wittgenstein would apply the term).

Becoming proficient in a language game is important because, to fail to do so can lead to real-life consequences.

Thus, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to distinguish between Social Security Disability (which a FERS employee must also file for as part of the administrative, bureaucratic process of filing for Federal Disability Retirement benefits) and FERS & CSRS disability retirement benefits.  The latter must be filed through one’s agency, and ultimately must be decided by the U.S. Office of Personnel Management.

Then, of course, one must distinguish between Social Security Disability Insurance (SSDI), FERS & CSRS Disability Retirement from OPM (the acronym for U.S. Office of Personnel Management), and OWCP (standing for “Office of Workers’ Compensation Programs), administered through the Department of Labor (DOL), under the Federal Employee’s Compensation Act (FECA).

These are just some of the language-game terms of the three main areas of compensatory benefit programs — there are others, of course, including benefits from the Veteran’s Administration (VA).

It is best to begin by getting the terms right; to get the terms right, one needs to compartmentalize the terms into their proper usage and associated agencies, thereby leading to greater clarity.  By attaining a level of compartmentalized clarity, one can ensure that a discussion with an OPM Disability Retirement Legal Expert will lead to a fruitful consultation.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Knowing the Terms

In preparing, formulating and filing a Federal Disability Retirement application with the Office of Personnel Management, it is important to have some clarity on conceptualizations of physical and psychiatric medical conditions or, to put it quite simply, to “know your terms”.  

While one must obviously obtain the necessary medical documentation in order to meet the eligibility requirements for OPM Disability Retirement benefits, and such medical documentation — a narrative report providing for the “bridge” between one’s medical condition and the particular type of duties and positional requirements one is engaged in with the Federal government or the Postal Service, as well as office notes, treatment notes, etc. — reliance upon the medical documentation to expand upon, delineate, explain, illustrate and elucidate upon the narrative story of how the medical condition impacts upon one’s inability to perform one or more of the essential elements of one’s job, may be expecting too much from the doctor and medical documentation itself.  

On the Applicant’s Statement of Disability (Standard Form 3112A), there is an opportunity for the Applicant to provide information concerning the impact of one’s medical condition upon the essential elements of one’s job, as well as upon one’s personal life.

Knowing the “medical jargon” and being able to extrapolate, apply, expand upon, and describe in terms which are cohesive, understandable, illustrative, and with sufficient emotive impact, yet maintaining a sense of rational perspective and sequential, logical application, is an important part of providing useful information to the Office of Personnel Management.

Keeping it simple is important, but at the same time being able to use the medical terms comfortably in describing the impact upon one’s positional duties, in a technical but comprehensible manner, is the key to effective communication.  For, after all, “communication” is what this is all about — of presenting a case which is persuasive to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire