CSRS & FERS Medical Disability Retirement: Stuck in Time

Each of us embraces an era, a period, a slice of time with which we relate to, have fond remembrances of, or for whatever quirky reasons, possess an affinity or attachment to.   Perhaps it is the Fifties, with its stodgy reputation for conventionalism; or the radicalization of the Sixties; via music, movements, political upheavals or cultural phenomena, certain time periods seem to have a hold upon people, depending upon personalities, upbringing, backgrounds and interests.

There is nothing wrong with such creative time travels; it is a recreational endeavor of which we all engage; of watching movies, about which we read books; or even some will don a piece of clothing, such as a bow tie or a style of shoes.   Enjoying a time period can be a soothing leisure activity, often without being conscious of the affinity and connections itself; but it is when we become stuck in time, that problems arise.

That is often how a medical condition pivots a person; unexpectedly and unpreparedly, a chronic, progressively deteriorating medical condition will freeze a person’s family, career, goals and aspirations in a period of time, unable to get unstuck or have the flexibility and options necessary for forward movement or progress.

For Federal and Postal employees, the alternative of filing for and obtaining Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, allows for the potential capacity to become unstuck again.

Imaginary time travel, for purposes of recreational activities, can be an enjoyable past time; but when one becomes stuck in time involuntarily and through unforeseen circumstances, getting stuck in time becomes a pathway of unforgiving proportions which must be maneuvered out of.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Memories

Memories induce a peculiar phenomena; by expunging them, we can perhaps sidestep sadness and loss.  With them, we are left with a lasting image of who we were, who we are, and who we have become, with a hope for recovery when we have lost our “place in society”.

Illness and disability often perverts our memories; the suffering person will often have a misplaced and skewed memory of the person he or she once was.

For the Federal or Postal Worker who is experiencing and undergoing the trauma of a medical condition, such that the medical condition impacts one’s ability to perform all of the essential elements of one’s job, it is often the pervasive memory of a time past, which continues to impede a necessary present course of action.  But before one gets to a critical point of crisis management, it is important to engage a realistic assessment of one’s present circumstances, and determine one’s future course of actions, and not be diverted by the memories of one’s past glory days.

Federal Disability Retirement is a benefit accorded to all Federal and Postal Workers who have the minimum eligibility criteria met (18 months for those under FERS; 5 years for those under CSRS), and should be looked upon as part of one’s total employment benefits, to be utilized when needed.

It is a benefit which must be ultimately submitted to, and approved by, the U.S. Office of Personnel Management.

Consider the future; let not memories of past days confound the need to take direct and proper actions today; for, in the end, there will time to reflect and remember in future days to come.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Mechanization, Automation & the Lull of Conformity

Locke and Rousseau both recognized the necessity of the individual human being to enter into civil society in order to escape the theoretical “state of nature” for self-preservation, and once within, conformity to societal norms and orderly constructs became a natural force in the progressive evolution of civilization. But social order need not mandate conformity of a thoughtless drone or loss of creativity.

The term itself — “drone” — is an interesting one. For, in its general usage, it meant a sense of drudgery or monotony; or, in a specific sense, a male, stingless honeybee which produced no honey, and thus a less-than-full entity; and in more recent usage, a non-human, destructive craft, devoid of thought or moral compass.

Social conformity which gave rise to automation and industrial mechanization, has produced a populace given to thoughtless action.  Such conformity, perhaps, is useful; for in a world requiring bureaucratic patience, one is left with no other choice but to wait upon a long and onerous administrative process.

For the Federal or Postal employee who must submit to the long, bureaucratic process of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, the conformity to standard forms, the patience required for the long wait, and the necessity to comply to the rules governing eligibility, legal standards, etc., is part and parcel of the social structure.  We are trained to comply; and with no other choice but to go to the singular Federal Agency, the U.S. Office of Personnel Management, it is best to try and prevail in the most effective and efficient manner possible, inasmuch as there really is no other choice in the matter.

Locke and Rousseau were right; self-preservation requires the escape from the state of nature; what we are left with, is the U.S. Office of Personnel Management — the penultimate reflection of a civilized and advanced society.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: Timing the Legal Tools

In any administrative procedure, the use of legal tools and citations may be of limited efficacy for the process itself; it is, however, building a foundation for future application, and to that extent it provides a fair warning to the agency.

Inasmuch as any portion of obtaining an entitlement or meeting an eligibility requirement engages the applicant with a faceless bureaucracy — and one which recognizably is filled with non-lawyers, clerks, etc. — there is always the question as to why an attorney is necessary at the administrative level of adjudication.

The reason is simple:  the non-lawyer governmental worker, while perhaps not fully appreciative of the legal citations which may be argued in a particular case, is nevertheless aware of the consequences of failing to acknowledge the validity of such references.  Being audited and finding that a particular case worker has a high percentage of cases denied, then reversed on an appeal to the Merit Systems Protection Board, has an impact upon the agency worker.

Furthermore, building a foundation for future reference before an Administrative Judge — where the Judge turns to the agency’s representative and asks, “Well, how about Case X, which has already been cited by the Appellant?” — can be quite effective and often short-cuts the entire process.

For Federal and Postal Workers who are attempting to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the effective use of legal tools and citations is crucial at all levels — if only to warn OPM of the consequences of having to go before an MSPB Judge for further adjudication of the case.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Problem of Conformity as a Thoughtless Process

The bureaucratization of society becomes a problem when conformity to a standardized process results in thoughtless action.  We have all seen scenes from movies, or read stories or books, of the proverbial drone-like monologue, shown in cinematographic hues in monotony, of emotionless workers who robotically stamp papers and call out, “Next!”.

To some extent, preparing and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, requires such conformity.  The standard forms themselves (SF 2801 series for CSRS employees; SF 3107 series for FERS employees; and for both CSRS and FERS employees, SF 3112 series) require a foundation of such conformity.  And while continuation sheets and attachments are not prohibited (yes, the double-negative in grammar means that it is a positive, and you may do what is proposed), it is nevertheless constraining when one is putting together a Federal Disability Retirement application.

On the other hand, standardization provides for uniformity and ease of information.  If everyone just submitted his or her own version of selective information and sent it in to OPM, there would be greater chaos than there already is at the singular agency which processes all Federal Disability Retirement applications.

Thus, conformity to standardized procedures can be a good thing.  The problem, however, is when such conformity leads to thoughtlessness — and, in a Federal Disability Retirement process, one should expect to encounter such bureaucratic mindlessness.  This, too, must be dealt with; and sometimes the need to use legal authorities as a sword, and not merely as a shield, is the only way of effectuating a required response.

Sincerely,

Robert R. McGill, Esquire