OPM Disability Retirement: Moments of Perceptual Clarity

We tend to seek that which we cannot find; apply criteria beyond rational capacity; and derive statistical results nowhere to be discovered but for quantitative input implied by imaginary output.

That single source of “meaning”; that “cause” which provides value; that lottery of life’s misgivings which fortune promised but never conveyed; and so the inheritance which Cain and Abel sought but for the love of their father and the instability which Dostoevsky described in his novels of heritage, destiny and anguish, are but filaments of our own fears and misgivings in a world which defies our limited attempts to garnish, contain and delimit.

There are moments of perceptual clarity, and then there is the rest of life.  Perhaps it appears amidst the morning fog at first dawn of light; or just before sleep overtakes, as the subconscious is allowed to enter into the rational discourse mandated by daily toil; in any event, it comes only in fleeting moments, or from the ashes of destruction and self-immolation, like the Flight of the Phoenix whom everyone else had forgotten.

For Federal employees and U.S. Postal workers who are in a conundrum, where life’s misgivings seem too complex and too confusing to move forward because of a medical condition which has curtailed the hopes and dreams once sought for, and attained through hard work and toil of sweat, the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, may become a reality only at the highest point of personal crisis.

That is often when the only moment of true clarity comes to the fore; and when that time comes, it is necessary to hold onto that time of self-revelation, and begin to seek the counsel and wisdom of others, in preparing an effective and compelling case in order to win the benefit awaiting, from OPM and through the Federal agency for whom you toiled and sacrificed.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: The incoherent narrative

The squirrel jumped into the rabbit hole.  Then, the floods came, and Noah didn’t like the color of his shoes because they matched the starboard and not the bow, and when the rudderless drift occurred, then did the turtle finally come out from the squirrel’s nest, high atop the water’s edge. The medical conditions caused a lot of stress, and if it wasn’t for the Supervisor who constantly harasses me, I wouldn’t have filed a complaint against him, but the doctors never said I couldn’t work except when the heart attack occurred and Bessie my dog ran across the street and got hit by a car.

It is, ultimately, more than just a sequence of lettering; greater than the combination of consonants and vowels in logical arrangement; indeed, the language of the narrative must form a coherent whole.  Can a jumble of words provide the requisite narrative in order to meet the legal criteria in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?

Must the “Statement of Disability” as reflected on Standard Form 3112A provide a sequence of information such that it:  identifies the medical conditions suffered; informs the OPM administrative specialist of the nexus between the medical condition and the positional duties of one’s officially-slotted job; and meets and addresses, whether explicitly or implicitly, the burden of proof in showing by a preponderance of the evidence that the Federal or Postal employee is eligible and entitled to Federal Disability Retirement benefits?

To all three questions, the answer is in the affirmative.  For, preparing and formulating a Federal Disability Retirement application, submitted through one’s agency (if the Federal or Postal employee is still employed with the Federal agency or the U.S. Postal Service or, if separated from service, not more than 31 days since the date of separation) and then to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely stringing together a series of words, phrases, concepts and factual truisms; and it is often the incoherent narrative which not only fails to meet the legal burden of proof in a Federal Disability Retirement claim, but further, is harmed by providing too much information, whether intentionally or not.

The predetermined defeat of a Federal Disability Retirement application is not necessarily denied because of the substantive incoherence of one’s statement of disability; rather, more often than not, it is the unintended divulgence of information neither necessary nor true, which often provides the fodder for the fox to further the stealth of his slyness.

Sincerely,

Robert R. McGill, Esquire