Federal Disability Retirement: The Statement, the Stranger and the How

Paper presentations are dangerous creatures; if read by a stranger, it lacks the context of familiarity, and therefore must include enough information and detail to lay the preparatory foundation for coherence and comprehensibility; when viewed by someone known, unwarranted inferences and implications may be extrapolated, where characters and references are alleged to be fictional representations of real people, events and encounters.

The stranger’s eye views without prior preconceptions; the familiar, with an overabundance of active input; thus is the balance between objectivity and subjectivity disproportionately out of synchronization.  Sometimes, however, the inverse can be also true, and problematic, where the narrator assumes too much, or too little; where an overabundance of irrelevant information is provided in an attempt to make up for an assumed lack of contextual understanding, and in the course of such infusion of irrelevancies, the core of the purposive elements of the narration is effectively undermined.

In a Federal Disability Retirement application, filed by the Federal employee or the U.S. Postal worker who is under FERS, CSRS or CSRS Offset, the Statement of Disability as prepared on SF 3112A, must be approached with care, relevance, curtailed overloading of information, and with a contextual understanding of the governing laws surrounding a Federal Disability Retirement application.

It is the U.S. Office of Personnel Management — an agency which knows not the applicant — which evaluates, reviews and decides upon the Federal or Postal worker filing for Medical Retirement benefits; and the statement delineated on SF 3112A must fully appreciate the fact that a stranger will be reviewing the Federal employee’s application for Federal Disability Retirement benefits; and, as such, how one approaches the entire administrative process, the extent of detailed information, any background to the medical conditions, the quantitative and qualitative essence of the narrative to be formulated — all must thoughtfully and with subtle provocation be employed in the tool of effective narration.

What happens in our lives as told to a stranger, and the response we receive in the form of an approval or a denial, will be determined by the Statement of Disability in SF 3112A, reviewed and decided by a Stranger at OPM, based upon how well we prove the Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

Delaying the Filing of Your OPM Disability Retirement Application

Delay temporarily suspends for a time in the future; sometimes, at the cost of immediacy of pain, but the human capacity to ignore and obfuscate allows for procrastination to be an acceptable act of non-action.  But certain issues defy the control of delay; medical conditions tend to remind us of that, where attempted suspension of dealing with the pain, the progressively debilitating triggers, or the panic attacks which paralyze; they shake us to the core and pursue a relentless path which betrays procrastination.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing one or more of the essential elements of one’s job, filing for Federal Disability Retirement becomes an employment option.

When to file has some room for delay; it is, after all, the underlying issue which must be attended to first and foremost — that of the medical condition.  But the Statute of Limitations in a Federal Disability Retirement case imposes a structural administrative procedure which cannot be ignored.  The Federal and Postal worker who is separated from Federal Service must file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, within one (1) year of being separated from Federal Service.

So long as the Federal or Postal worker is on the rolls of the agency, the tolling of the statute of limitations does not begin; but once separation from service occurs, the 1-year clock (with some exceptions, but ones which you should not rely upon to subvert the statute of limitations) begins.

Delay for a specific purpose is sometimes acceptable (if one is still on the agency rolls), as in undergoing a medical procedure or seeing if a treatment regimen will work; but delay beyond the bureaucratic imposition of a statute of limitations is never one which should be allowed, as the benefit of a OPM Disability Retirement annuity will be barred forever.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Science versus Art

There is an abundance of discussions these days relating to the methodological validity of science, especially as it concerns climate change.  The calculus applied; the variable deviations of conclusions; the computer models based upon dubious information inputted; and whether declaring that there is a “consensus” within the scientific community, and what constitutes such a declared intent of internal agreement, results in more questions unanswered than not.

Science once held the position of being the pinnacle of unquestioned authority.  It lost its lofty position when its methodology of verifiability became infiltrated with egoism, self-interested motives, and politics.  It is now an admixture of art and pragmatism.

Where, then, does that leave law?  Law was based upon the rules of logical argumentation; but somewhere along the line, the general public decided that entertainment should outwit the methodological rules of logical analysis; shouting was more fun than the cold shoulder of logic; clever tricks of persuasive linguistic palpitations caused greater stir, and the drama of the courtroom in television shows and movies became the industry of choice.

Further, the lay person could give a twit about rules of logic; they just wanted justice in the form of vast quantities of renumeration.  For most sectors of society, however, whether science loses its position at the lofty pinnacle of pandering to politics, or whether the super-lawyer achieves a measure of persuasive cleverness with sleight of hand, matters not in the common world of everyday living. We all have to continue making a living despite climate changes and courtroom antics.

For the Federal employee and the U.S. Postal worker, the reality of everyday circumstances must still be faced, regardless of the fits and turns of the world of drama, entertainment and scientific bravado.  When a medical condition hits the life of a Federal employee or a U.S. Postal worker, such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s job, the reality of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is a pragmatic decision making all of the tumult of the world around us, into a microcosm of irrelevancy.

This is indeed where science, art and law come together in the reality of the real world:  The medical condition (science); the need to enter into the world of bureaucracy (art); the proving of one’s case by evidence and argumentation (law); filing for Federal Disability Retirement for the Federal employee and the U.S. Postal worker is an experience which brings together the drama watched on television or movies by the rest of the world.  For the Federal and Postal employee, it is a drama which is an existential experience of the first order.

Sincerely,

Robert R. McGill, Esquire