Tag Archives: preparing an excellent claim from the beginning saves future time to an attorney

FERS & CSRS Disability Retirement for Federal and USPS Workers: Preparatory Steps

Every excellent endeavor requires preparation, whether in purchasing the proper ingredients, of establishing and entering into a proper mental state of mind, or perhaps in performing preliminary stretching exercises to enhance muscular flexibility and loosening for rigorous physical activity.

Lack of preparation is not a necessary prerequisite for success, but it may well be a sufficient basis of failure.  In logic, the conceptual distinction between that which is “necessary”, as opposed to what is “sufficient”, is an important bifurcation of causal implications.  That which is sufficient, may not be necessary; and that which is necessary, may not alone be sufficient in reaching result X; but the combination of sufficiency and necessity will cause X to be achieved.

Thus, adequate preparation alone may be necessary for the best possible outcome, but it may not be sufficient; and, conversely, the utmost of preparation may be sufficient to accomplish a task, but it may not have been necessary all along.

In preparing to formulate and compile a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always a good idea to engage in the fullest preparatory tasks before filing for the benefits.  Not every act of preparation may be sufficient, but most are necessary; and while even the necessary tasks may not constitute sufficiency, it is the compendium of aggregated causal linkage which will ultimately ensure the greatest potentiality for success in the endeavor.

Logic aside, one will never be harmed by the extent of preparation.

Preparation for obtaining the best possible medical report; preparation for formulating an effective statement of disability; preparation in establishing the causal connection between the former and the latter; all of these are necessary for a compelling Federal/Postal Disability Retirement application, and in most cases, will establish a sufficiency which meets the legal criteria for eligibility for Federal Disability Retirement benefits, whether under FERS or CSRS, for the Federal and Postal employee.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Time as a Valued Commodity

At what juncture in the course of human lives the linear progression of “time” on a continuum of history became of prominence, philosophers, psychologists and historians may differ.  Certainly, animals are aware of the general importance of seasons; daylight and nightfall mark bifurcations of being alerted for purposes of seeking refuge against predators, as daytime dangers are quite different from night stalkers.

The measurement of time became ensconced with the invention of the timepiece.  When utilization of the watch, clock, digital devices, etc., established the cutting up of the world into unit measurements, it became a commodity of value because of its limited supply, and the increasing demand for greater productivity within each measured unit.  It is this ascription of “value” which one must contend with, in all aspects of modernity, in the daily living of one’s life.

For Federal and Postal employees who are seeking a quick fix — of one’s medical conditions, as well as securing the opportunity to obtain a Federal Disability Retirement benefit from the U.S. Office of Personnel Management — complex considerations must always be weighed in an effort to “save time and money”.

If an OPM Disability Retirement application is not properly put together at the outset, it will waste valuable time in the long run, precisely because one will have to contend with a denial and a Request for Reconsideration, as well as a potential appeal to the Merit Systems Protection Board.

Filing a Federal Disability Retirement application can never be a “sure thing”, because it depends so much upon the evidence one must gather, in order to prove one’s case by a preponderance of the evidence.  But the saving of time will be achieved by putting the best case possible in every Federal Disability Retirement application.

The commodity of time is a recognition of its value in modern life.  It is a feature of linear human progression which simply cannot be ignored.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Fingerprints of an Ineffective Disability Retirement Presentation

Rushing through something is often a sign of attempting to make up for something lacking; if excellence is the goal, then one must take the time to cultivate the means of achieving it; if completion is the sole achieving end, then almost anything will satisfy such an undistinguished crown.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one can discern from the quality of the disability retirement packet the psychology behind the packet itself.  Much like fingerprints left behind by a burglar, or a work of art created by a craftsman or an amateur bumbler merely attempting to make a few extra dollars in one’s spare time, the collateral context of a presentation can be very indicative.

If such indicators manifest a negative vibration to an objective observer, what could it be stating to the OPM Representative who is reviewing the case?  Whether it is a Federal Disability Retirement packet which is sloppily put together; is presented with generalizations in offering a diagnosis or symptoms; is disconnected or barely coherent in its reasonings; or a multitude of other linguistic symptoms implying lack of attentiveness — these will not do.

Excellence should always be the goal; as the craftsman must take care at each stage of the creative process, so a Federal Disability Retirement packet must reveal the fullness of the medical condition, its impact upon one’s ability/inability to perform the essential elements of one’s Federal or Postal job, and why one has met all of the legal criteria in being entitled to the Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Time, Expectation & Patience

Time is the basis and essence of frustration.  Often, in becoming involved in the administrative process and procedure of preparing, formulating and filing for Federal Disability Retirement benefits from the Office of Personnel Management, whether under FERS or CSRS, the “time factor” is the part which concerns the Federal or Postal employee most.  

During the initial stages of the process, where a certain level of activity is experienced — of requesting the medical documentation and narrative reports from the doctors; of formulating the Applicant’s Statement of Disability (SF 3112A); of submitting the preliminary application through the Agency (or, if separated from Federal Service for more than 31 days, to file it directly with the Office of Personnel Management in Boyers, PA); and then receiving a CSA Number from the Office of Personnel Management, then…the wait.  Activity is the fodder which satisfies time; frustration with time is the chasm between expectation and reality; where there is inactivity, waiting without a specified end in sight is what frustrates most individuals. With the Office of Personnel Management, the greatest difficulty is now in gauging that “end-point”, because OPM continually falls behind in their estimate of time for decision-making.  

The process is a frustrating one; inactivity without an end only exponentially magnifies such frustration.  Ultimately, however, there is no other choice but to wait; for the Office of Personnel Management is the singular arbiter of the decision-making process in Federal Disability Retirement claims.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Time

Time is of the essence in almost everything we do.  There are timed deadlines for filing a Federal Disability Retirement application; a great amount of time is taken in the bureaucratic processing of the application; greater time is taken by the Office of Personnel Management in reviewing, analyzing and deciding upon a Federal Disability Retirement application; appeals to the Merit Systems Protection Board require time within which one must prepare a viable case before an administrative judge, etc.  Time is a presence in every aspect of our lives.  But within that framework, a comparative analysis of time should always be taken into consideration.  To “rush” the preparation of a disability retirement packet is often penny wise but pound foolish; care and patience should always be taken, both in the writing, preparation and filing of anything to be submitted to a Federal bureaucracy; the Office of Personnel Management is no different.  Rushing something in order to “save time” is often counterproductive.  To take the time to prepare an excellent disability retirement packet will actually save time in the long run.

Sincerely,

Robert R. McGill, Esquire