CSRS & FERS Medical Disability Retirement: The Proper Endpoint

Matching the proper pairs of life’s “things” likely begins at an early age; it is a tool and ability which is perhaps developed, as opposed to an innate characteristic naturally existent like breathing or sleeping.  Have you ever come across someone who wears two different-colored socks?  And when the issue is inquired about, the response is:  “What’s wrong with that?  They match perfectly!”

Logic, sequential production, and causal connections do not necessarily arise from an innate sense of life; and that is precisely why Hume’s argument concerning the lack of a “necessary connection” between cause and effect, despite repeated observation of the same or similar circumstances, fails to give rise to an absolute confirmation of causality.

For the Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, however, it is necessary to understanding the strategic and logistical causal connections in preparing, formulating and filing for such benefits.  Thus, questions such as:  What is the endpoint? — is a necessary and important one.  By such a question, one will be forced to encounter the obvious and the not-so-obvious: Success and approval is the obvious; how to get there; what are the necessary elements to prove, etc. — are some of the basic “not-so-obvious” issues.

Even the logistical ones concerning endpoints:  Who to send the packet to, when, and within what timeframe?  Endpoints require answers involving preceding beginning points.  The ultimate answer prompts the intermediate questions.  While public display of different-colored socks may be somewhat inconsequential, properly preparing, formulating and filing a OPM Disability Retirement application may require greater tools than the ability to make color differentiations.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Coming Year

The Calendar says it is now 2013.  For those preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it matters little as to the designation of the year.  A chronic medical condition makes no conceptual distinction from year to year; the impact upon one’s ability/inability to perform all of the essential elements of one’s job is not distinguishable between December 31 or January 1.  

For those who have filed with the Office of Personnel Management, the fact of the waiting period itself merely magnifies — that we are now into “another” year — the lengthy process which the bureaucratic morass forces the Federal or Postal employee to undergo and endure.  The “coming year” is, for the Federal or Postal employee filing for Federal Disability Retirement benefits from OPM, a continuum of the previous year.  It is not the days immediately before, or just after, which makes a difference.  Rather, it is ultimately the approval from the Office of Personnel Management which will make all the difference.  

To appreciate that “difference”, the best that the Federal or Postal employee seeking Federal Disability Retirement benefits can do, is to:  increase the chances of an approval of an OPM Disability Retirement application; limit the mistakes which can subvert or otherwise damage a Federal Disability Retirement application; and always, always affirmatively prove one’s case with the best evidence possible.  That way, the coming year will have turned out to be a fruitful one, and distinguishable from the previous year.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Silent Sufferer

The silent sufferer rarely gets noticed; but, of course, that is the whole point.  It is analogous in an inverse manner to the childhood adage that the squeaky wheel gets the oil.  From a purely philosophical, conceptually vacuous standpoint, how does one “show” pain?  How does one reveal the inner turmoil of Major Depression, anxiety, panic attacks, or a Bipolar Disorder?

Certainly, physical manifestations of uncontrollable tremors, trembling, etc., can be indicators; but the more complex state of psychiatric conditions which are negatively reflected to the world — of paralysis from action; of lethargy; of an overwhelming “sense” of worthlessness and hopelessness; where stamina or energy, self-motivation and initiative, cannot simply be forced; rather, one is lifeless in a world of activity and sensory overload, not because one cannot self-will movement and progress, but because one is mentally and physically unable to act upon one’s volition.

It is, ultimately, the age-old question of Appearance versus Reality.  So, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the question to be answered is not whether an effective description creating a nexus of one’s medical conditions with one’s positional duties as a Federal or Postal employee should be assembled; rather, the question is how.  One must overcome the appearance of normalcy, by cracking open the reality of the underlying medical condition, and to bring forth, as Heidegger would put it, the uncovering of the reality of Being — by using selective words to reveal to the OPM Representative the starkness of one’s medical conditions.

Eligibility for Federal Disability Retirement benefits from the U.S. Office of Personnel Management must be proven; in order to prove it, one must show the reality of the Real, as opposed to the silence and concealment of that which is mere Appearance.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Beyond Rationality

In preparing, formulating, and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the goal is to compile and compose the “best possible” disability retirement packet.

Such a goal is a foundational one — that which is self-evident.  Indeed, to have a contrary goal is anathema to the entire administrative process.  Concluding that one has achieved that goal, however, leaves room for discretion.  Indeed, often the best that one can do is to accept those things which are outside of one’s control, and focus exclusively upon achieving excellence of that which is within the confined arena of what one can control.

Thus, for instance, to try and predict and preclude a denial at the First Stage of the process — while a goal which every attorney who practices Federal Disability Retirement law attempts to achieve — is almost an act of futility, because such an attempt inherently requires that the Office of Personnel Management systematically engages in a rational approach in deciding its cases.  On the contrary, much of what the Office of Personnel Management does is to “fill in the blanks” of a template.  Denial letters are mostly form letters which then have a concluding paragraph, which itself is often a formatted conclusion.  That is not to say that the evidence presented was not reviewed; rather, the evidence reviewed was determined to fit — or not fit — a template.

How does one counter that which is beyond rationality?  By focusing upon those things which are within one’s control — by compiling the best possible presentation, for the best will normally fit any template; unless, of course, the template itself is beyond rationality.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Focus, or Lack Thereof…

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS from the Office of Personnel Management, it is important in the beginning stages of the process to have a clear, charted course in creating the nexus between one’s medical conditions and the type of positional duties required by the Federal or Postal job which one is slotted in.  

Lack of clarity leads to meandering; meandering results in the potential danger of entering into territories which can have a negative and detrimental impact; such resulting negative endings at any stage of the process only extends the time by forcing the applicant to appeal the case to the next stage, and having to correct and explain the mis-steps which resulted from the original lack of clarity and focus.  Thus, a single mistake at the beginning of the process can have a compounding effect upon the entire application process, and that is why it is important to start off with clarity, focus, and a purposeful plan.  

In the study of Philosophy, the subject of Metaphysics almost always encompasses the concept of “teleology” — the idea that there is a purposeful end based upon various logical arguments, such as cause-and-effect, the argument from design, etc.  In analogous form, it is important to have a teleological approach to preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management.  

As with the design argument in metaphysics, there are certain “guideposts” which are important to use — i.e., what the doctors state in their reports; the parameters of one’s position description; the type of job which one has (sedentary or out in the field), etc.  Within those boundaries, one should remain.  Wandering in thought leads to areas of unintended harm.  Stay within the boundaries of the questions posed, and one has a safer haven away from trespassing into areas uncharted, unknown, and undesired.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Procrastinating within the Tolling Statute

Whether by resignation or by separation by the Federal Agency or the U.S. Postal Service, the tolling of the Statute of Limitations for filing a Federal Disability Retirement application under FERS or CSRS begins — and the statute allows for filing for a Federal Disability Retirement application within one (1) year of such separation from Federal Service.

Exceptions to the rule of the Statute of Limitations are few, explicit, and rarely allowed, and have to do with mental incompetence, narrowly defined, hospitalization for mental illness, appointment of a guardianship which shows one’s inability to attend to one’s daily affairs, etc.  Thus, once the Federal or Postal employee is separated from Federal Service, one should count on filing for Federal Disability Retirement benefits within one (1) year of such separation, and not rely upon any fantasy of being granted any extension, or excused for having had periodic or episodic medical conditions preventing one from engaging in certain acts or attending to various activities.

Procrastination is a trait of luxury unique to the human animal; because animals, whether domesticated or not, have an innate sense of urgency for purposes of survivability, the ability to project into the future and delay the necessary immediacy of a present response, is an alien characteristic.  

Such an element of artifice — procrastination — would not have any meaningful foundational purpose, a “telos“, which would make any sense; except, of course, for the human condition.  Because of the complexity of the human condition — of the technological world we have created, of multiple tasks, of time, movement and being within the context of our historicity, present world and future anticipated occurrences — procrastinating has become an artificial feature of our human condition, and indeed, almost takes on an element of need for our survivability.  But in the context of a Federal Disability Retirement application under FERS or CSRS, procrastinating in filing for the benefit does one no good.

Meet the deadline by working on it steadily, steadfastly, and without delay.  Remember the dictum:  If you don’t file, you can’t argue anything; at least if you file on time, there is always a chance.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The "Lost Cause" Case

Often, an approval for a Federal Disability Retirement case will come in the mail, and the client will state, “I never thought I would see it approved.”  It is the job of an attorney who specializes in any area of law, to win the case.  In representing Federal and Postal employees to obtain Federal Disability Retirement benefits under FERS or CSRS, the ultimate “win” is to get the approval from the Office of Personnel Management

Some cases are harder to get approved than others; then, there are the “Lost Cause” cases — ones which, for one reason or another, seem to encounter greater obstacles:  from agencies which attempt to undermine the Federal Disability Retirement application, to adverse termination proceedings prior to the filing of a Federal Disability Retirement application; to insufficient medical documentation; and multiple other reasons, there are cases which appear to be lost causes.  Yet, so long as there is another stage of appeal, and so long as there is sufficient merit to a case, one should never give up.  Lost causes are especially triumphant moments for the attorney representing a disabled Federal employee.  For an OPM Disability Retirement case, it is especially sweet to obtain that letter of approval from the Office of Personnel Management, for that case which the client himself/herself believed as a “lost cause”.

Sincerely,

Robert R. McGill, Esquire