Federal Medical Retirement: The Discontinuity of Wisdom

There is a reason why mistakes have a historical backdrop of repetition; as wisdom gained is neither venerated nor preserved, and as youth and folly are celebrated despite lack of accomplishment, so the latter fails to consult the former.

The discontinuity of wisdom in modernity reflects an arrogance of carelessness.  Opinions from elders are neither sought after nor consulted; “new” represents innovation, and that which constituted the radical changes of yesteryear reflect merely the boredom of todays vigor.  But reinventing the wheel at every turn is a kind of folly which borders upon insanity.  It is the reality of encountering a bureaucracy which often makes aware one’s need to consult prior experiences.

And, indeed, for Federal and Postal employees who must engage a Federal bureaucracy such as the U.S. Office of Personnel Management, it is a wise thing to do, to consult with an attorney who has already encountered the administrative process of filing for Federal Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.

There is rarely a need to make nascent mistakes where experience has otherwise provided an answer.  Preparing, formulating and filing for Federal OPM Disability Retirement benefits by a Federal or Postal worker is a difficult process in and of itself, and the bureaucratic process exponentially magnifies the conundrums and roadblocks presented by the complexities of the administrative procedures.

While society itself will eschew the wisdom of ages, within the microcosm if everyday life, it is often a good idea to consult with an experienced advisor, if only to find out where the darned bathroom is.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from the U.S. Office of Personnel Management: Concurrent Actions

Idioms often convey an underlying truth recognized and identified by a specific culture or population; they are statements from an experiential aggregation of similitude, based upon a shared set of values.  The phrase, “When it rains, it pours”, is easily a recognizable idiom; that when things go wrong, multiple wrong things tend to occur altogether, all at once.  It is somewhat of a tautology, as when “X is Y, X are Ys”.  But it is in the very pluralization of the outcome which makes the differentiation significant.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, the engagement of the administrative and bureaucratic process of preparing, formulating and filing for FERS Disability Retirement benefits rarely results in a vacuum.

Often (or perhaps one is forced to begin with the prefatory clause, “All too often”), the long and complex history of harassment, complaints, formal complaints, grievances, lawsuits, EEO filings, etc., precede the filing of a Federal Disability Retirement application, thereby complicating one’s Federal Disability Retirement application with much baggage, historical aggregation of enmity and acrimony, and creating a simple set of causal facts into a convoluted compendium of complexities.  All of a sudden, the soft sounds of rain turn into a downpour of ferocious flooding.

In such cases, in formulating one’s Federal Disability Retirement application, it is important to bifurcate the compounded complexities, and to simplify, streamline and segregate.  From the viewpoint of the U.S. Office of Personnel Management, the very agency which receives and decides upon all Federal Disability Retirement applications, the mixing of concurrent actions and issues merely complicates matters.

As we all do, we would prefer to hear the soft patter of rain, and not the thunderous mess of a downpour.  Even the plants in the garden recognize that.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Disability Retirement: Complexity in the Hidden Background

To prove one’s eligibility for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is seemingly an uncomplicated matter.

As one’s medical condition impacts the ability to perform one or more of the essential element of one’s job, it is up to the treating doctor to establish the nexus and provide an opinion as to the connecting bridge between the medical condition and the positional requirements of one’s Federal or Postal job.

How does one do that? Must it be comprised of a 1-to-1 ratio between job elements and medical conditions? How important and prominent are “symptoms” considered, as opposed to the mere clinical declaration of the diagnosis, in persuading the U.S. Office of Personnel Management that a particular medical condition should qualify for Federal Disability Retirement benefits? To what extent is one’s own statement of disability, as described on Standard Form 3112A, important in establishing the foothold towards gaining an approval from OPM?

Also, what algorithm or comparative analysis does OPM use in evaluating a case, and how does one enhance the chances of success at the First Stage of the process? If denied at the First Stage of the Federal Disability Retirement process, does the basis of the denial (often characterized by a plethora of multiple reasons given) require a point-by-point refutation, and is the Reconsideration Division at OPM using the same standard of review, or a different application of laws in evaluating the additional evidence submitted at the next stage?

If one watches a gymnast, a ballerina, or even a mathematician at work in solving or unraveling a complex problem or exercise, one is immediately struck by the ease with which the feat is performed. But it is almost always the unseen preparation which has preceded the actual performance that sets the stage of an uncomplicated presentation.

It is that mystery of the uncomplicated, which tends to trip us all, and that is no different in the preparation, formulation and submission of a Federal Disability Retirement application, applied through the U.S. Office of Personnel Management, whether you are under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Simplification of Complexities

The art of simplifying the complex requires an effort beyond mere reduction to basic concepts; it is a process of unravelling compound components in order to separate and undo intersecting concepts which tend to confound through connections otherwise incomprehensible, then to analyze each individual element in their own right, before reassembling and reorganizing.

Anyone who has taken apart a piece of equipment without quite knowing what to expect, understands such an intellectual process.  But simplification of explanation does not mean that the issue conveyed is an uncomplicated one; rather, it is an art form of making comprehensible without regurgitating the inherent esotericism itself; it is a reflection of pure understanding when one is able to explain without puffery.

Federal Disability Retirement is a complex process.  There is no getting around it.  One can separate the multiple components into their individual issues, and certainly simplify the morass by attending to each element independently; but in the end, one must reassemble the disparate parts and reorganize it back to its wholeness of integrated integrity.

As an admixture of three complex groupings — the medical, the legal, and the bureaucratic — one cannot entirely escape the linguistic confusion of technical complexities by merely referring to it as “showing this or that”.  The language of the medical issues must be embraced, followed by a clear understanding of the legal elements established, and further promulgated by maneuvering through the administrative process and the agency’s attempt, often deliberate and with conscious effort, to put up unnecessary roadblocks and obstacles.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, is not rocket science; however, nor is it an Andy Warhol piece of artwork.  But then, I never understood the latter to be so uncomplicated to begin with.

Sincerely,

Robert R. McGill, Esquire

 

Immediate Medical Retirement for Disabled Federal Workers: Complex Simplicity

Often enough in life, the most complex of conceptual constructs is constituted by its very simple nature; and, conversely, the seemingly simplest of tasks is characterized by its concealed complexity, only to be revealed upon an attempted unraveling of its internal mechanisms.

Consider the games of basketball or golf; the concept begins with placing a round object into a similarly-shaped chasm.  From a spectator’s perspective, nothing could be simpler; for the one who has practiced the identical motion to succeed, nothing could be more frustrating.  Conversely, witness the passage of a simple law, or of the original amendments to the U.S. Constitution; words of limited complexity; yet, it is the very simplicity of the underlying principles which conceal their complex conceptual underpinnings.

For Federal and Postal employees who first encounter the administrative process of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one might be tempted to “go it alone” because of the seemingly simple construct of the necessary nexus: of the connective bridge which must be established between one’s medical condition and the essential elements of one’s job.

But it should become abundantly (and quickly) clear that it is not the foundational precept of the entire process which makes for complexity, but the ancillary issues, including the required medical documentation, the agency’s attempt to accommodate, or the elements which constitute the essential duties of a position and how they are impacted by a medical condition, etc.  No, it is the coordination of all of the arms and legs which go into preparing and formulating an effective Federal Disability Retirement packet, which makes for its very complexity.

Like the boy who is “all arms and legs” when first he attempts to play the game of basketball, so the nascent encounter with a complex administrative process which has been around for many years, will require some trial and error for the Federal or Postal employee who attempts the feat without assistance.

Trials are fine; it is the errors which become of concern.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Ockham’s Razor

Ockham’s Razor is a principle of economy; in its various forms and historically evolved attributes, the formulation of lex parsimoniae involves the idea that, where there are multiple competing theories and paradigms in explaining a phenomena, issue, or working hypothesis, one should always choose the least complex delineation — the reason being, superfluous and extraneous material generally lead to complications which rarely add to the foundational essence of the paradigm.  To put it in an alternate form:  Keep it simple.

Thus, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is always important to follow the principle underlying Ockham’s Razor:  Keep to the core and essence of the case; focus upon the nexus between one’s positional duties and the medical condition which one suffers from; weave a consistent theme; check for inconsistencies; and always maintain the simplicity of the case, while avoiding and disregarding extraneous factual issues which, while they may be personally of importance or of special aggravation, should be left out because they unnecessarily complicate matters.

FERS & CSRS Disability retirement and the obtaining of an approval is the goal to focus upon; all else should fall by the wayside, cut loose by the sharp blade of Ockham’s razor.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Keeping it Simple

Simplicity merely covers the complexity behind the beauty of the uncomplicated.  Indeed, one only has to look upon an Apple product, or a modern automobile, to recognize the underlying complexities which went into the production of such simplicity.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is often a desire to respond to an OPM denial by attempting to understanding the apparent ‘complexity’ of the denial.  By ‘apparent’ is meant the following:  Most, if not all, of OPM’s denials are regurgitated templates from thousands of previous denials, and quotations of alleged legalese notwithstanding, the basic components of a Federal Disability Retirement case do not change just because the language used attempts to complicate matters.

In the end, driving a technologically advanced automobile still requires hands on the steering wheel, and a foot on the gas pedal and the brake (hopefully, not both at the same time).  All the rest are simply “whistles and horns” to make it appear worth the price tag.

Sincerely,

Robert R. McGill, Esquire