Federal and Postal Disability Retirement: The Effective Approach

The sales pitch comes from every direction, all vocations, countless product lines and endless announcements of fanfare and ceremony:  the 3-step plan, the 5-point road to success, the 10-ways of X or Y:  it is meant to be a formulaic methodology of achieving a stated goal.

Formulaic approaches are perfectly reasonable; they provide an avenue which, through prior experience of trials and errors, the “seller” has formulated a method or product as the best means possible for achieving success in any given venture.  But the gimmickery of any formulaic approach can wear thin after a manner; and in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, ultimately the fanfare must be supported by three basic elements (see, even the undersigned writer engages in a 3-point plan):  The supporting medical documentation; The supporting statement of disability; The supporting disability law.  Of the three elements, it is the first (the supporting medical documentation) which is paramount and, to borrow (albeit in a non-technical, misused sense) Aristotle’s verbiage, the “first cause” or “First Mover” of a Federal Disability Retirement application.

Ultimately, substance over form must prevail, and will be most effective in a Federal Disability Retirement application; and the “substance” in this case is the medical condition itself — one which needs no fanfare, and certainly no 10-point plan for effective advocacy.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Game of Go

The game of Go involves planning, strategy, finesse, a sense of when to aggressively pursue, and a lesson of when to withdraw.  It is a game originating from China, thousands of years old, yet identical in play and rules today.  It is a game of daily living; and, indeed, even the tactile component of feeling the soft smoothness of each stone as you place them on the surface of the playing board, along with the geometric beauty of the patterns which your opponent complements as you lay your handiwork — all with the attribute of two basic colors:  black and white.

One can always make too much of an analogy between sports and life; fiction and reality; a mere game, and a process.  Games ultimately are what they are:  a play which, in the end, has no significance beyond the entertainment of the moment.  But some games help to sharpen one’s sense of daily living.

The metaphor and analogy to be applied between the game of Go and practicing law, including preparing, formulating and filing on behalf of Federal and Postal employees to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is the need to understand the process; to present the evidence in a bold and unabashed manner; and to understand the “opponent” and what the opposition represents and will likely do.

Preempting what the U.S. Office of Personnel Management is likely to do in response to one’s handiwork, is an essential part of both the game of Go and of any practice of law.  That is why a legal strategy is important and relevant in the preparation of a Federal Disability Retirement application — for, like the game of Go, unless you make the proper connections between the medical evidence, the law, one’s positional duties, and one’s statement of disability, you will be surrounded by your opponent’s tactile placement of experienced handiwork, and find that all of your efforts have come to naught.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Approaching the Entrance to OPM’s Thought Process

The attempt to predict an opponent’s approach in an endeavor — whether in competitive sports; in debate; in an adversarial forum — is a practice which can have favorable results, or one which ends with disastrous consequences.  For the prediction itself must be based upon known factors, such as the applicable standards which the opponent will rely upon, relevant elements which will be utilized, and human, unpredictable quirks which seem to always come into play.

In approaching an opponent, it is always a good idea to study the opposition; but too much reliance upon attempting to out-maneuver the opposition can have the negative impact of taking away from valuable preparation-time one may need in order to prevail.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, many Federal and Postal applicants attempt to analyze the questions posed on the Standard Forms (SF 3107 series for FERS employees; SF 2801 series for CSRS employees; SF 3112 series for both FERS & CSRS employees) perhaps too deeply, in attempting to “understand” the opponent — the U.S. Office of Personnel Management.

Yes, the questions must be analyzed; yes, there is an implicit trickiness to many of the questions (especially on SF 3112A); and, yes, a cautious approach must be taken in answering the questions.  But such caution should never detract from spending the necessary time in preparing the crux and foundation of one’s Federal Disability Retirement application — that of formulating the logical nexus between one’s medical condition and the positional duties which one can no longer perform.

Ultimately, the substance of one’s Federal Disability Retirement application must be given the greatest of focus and effort:  attempting to approach the opponent’s thought processes — in this case, that of the “collective” efforts of multiple individuals at the U.S. Office of Personnel Management — may be an act of futility; better to spend the needed hours solidifying one’s own case than to try and understand an incomprehensible entity.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: An Aristotelian Approach

Aristotle’s Nicomachean Ethics has been the primary foundation for the Western paradigm of proper behavior in philosophy.  Quite distinct from his obtuse Metaphysics, the ethical framework of Aristotle takes a pragmatic, almost Confucian approach to correct behavior — balancing context, temperament, timing and correct behavior in formulating a modulated encompassment of how one should act.

As with all things in life, there must be a “balance” — and a recognition that time and relative context of affairs must be taken into consideration before one should act.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one must similarly recognize that there is an insight into the balance of life before one can proceed with any action, whether it is an administrative action before the U.S. Office of Personnel Management, or before one’s own agency.

A Federal Disability Retirement application must be “proven”; as such, there is a distinction to be made between that which one “experiences”, and that which one can “prove”.

In such a context, sometimes a medical retirement packet may take some time in order to fully develop and evolve.

Doctors may not be able to be approached immediately; instead, at the right time, and in the right manner, they may be willing to provide the necessary medical and professional support in order to make one’s Federal Disability Retirement case successful and productive.

The pragmatic approach which Aristotle used in his ethics is still relevant today:  at the right time, in the proper context, and taking into consideration the temperament of others.  In this way, success can be attained by possessing an insight and wisdom into the world of human affairs.  This was the approach of Aristotle; and so it was with Confucius.

Sincerely,

Robert R. McGill
FERS Disability Attorney

Federal Disability Retirement: From Language to Pragmatic, Substantive & Sequential Steps

The leap from words-to-actions constitutes a milestone of advancement; otherwise, if left in the world of Wittgensteinian language games, where all one does is talk incessantly without “doing” anything, then one merely remains in a universe of one’s own creation.

We all know people “like that” — of talking, talking big, and talking non-stop; and as the talk continues, the world leaves such people behind.  Dreams are paradigms for the wide-eyed youth to search, attempt to strive towards, and to have the incentive to “reach for the stars”; but the reality of the world must also become a stark admixture in order for dreams to be interpreted into actuality.

The young basketball player who dreams of stardom in the NBA cannot reach such a goal unless he practices daily, relentlessly, and at the expense of many leisure and other activities.  It is ultimately the pragmatic steps which must be taken, which represent progress of sorts from a logical, sequential standpoint:  From A to B.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the undersigned attorney is often confronted with:  “I requested the forms from my agency, but I have no idea how to fill them out.”  Forms simplify processes, but they, too, are a composite of a jumble of words — on paper, in written form [sic].

Beyond mere words, in order to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one must have a tactical and strategic plan — of how to meet the legal test of “preponderance of the evidence“; of how to gather and obtain the proper medical documentation; and how to create the “nexus” between one’s medical condition and the positional duties which one occupies and from which one will be filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

The world of language is one of beauty, but of an artifice of creation in man’s universe; it is the way of pragmatism which must be embraced, in order to be successful in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Language, Truth, and the Agency

Wittgenstein’s conceptual identification of society’s creation of various “language games” is indicative of a relativistic approach to truth and reality.  For, Wittgenstein rejected the classical tradition of the correspondence theory of truth, where language corresponds to events in the “objective” physical realm, and in the course of such correspondence, arrives at a notion of objective truth.  Instead, the world of language is an artificial creation within the consciousness of societies, and is tantamount to board games which we play.

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 often interesting and instructive to view the entire bureaucratic process as a kind of “language game” which one must master and engage in.  Indeed, encounters with how one’s own agency views the game, then how OPM views the game, can be quite shocking.

The fact that it is not a “game” per se, for the Federal or Postal employee who is depending upon the Federal Disability Retirement annuity for his or her livelihood for the short-term, does not undermine the fact that agencies and OPM act as if it is just another board game — say, for instance, chess, in the the manner in which various strategic moves and counter-moves are made to try and corner the Federal or Postal employee; or the classical game of go, in which territories are asserted and surrounded in order to “defeat” the opponent.

Language is meant to convey meaning and to communicate human value, worth, emotions and factual occurrences as reflected in the physical world; it is only us humans who create a universe of artifice in which we sequester ourselves in order to torment the weaker members of such participants.  But because language is the only game within the realm of human living, we must contend with the language games played by Federal agencies, and especially the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Essence of the Case

Ultimately, the “essence” of a thing is defined by a multitude of characteristics; but when a query is made as to what X “is”, as opposed to what it is “not”, the attempt to describe X is almost always rendered inadequate or deficient.  It is not enough to say that X is “not A, B or C”, for it may be equally true that Y is also not A, B or C, and yet X is not identical to Y.  

When an individual asks the unanswerable question, How does one successfully apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management? — the answer cannot be formulated by delineating a list of don’ts (although that may be helpful in a great majority of cases).  Rather, the reason why such a question is untenable, aside from being too generalized a question, is that each particular case requires a different and unique set of answers.  

Yes, there are general applicability standards which one must follow (i.e., sufficient medical documentation; knowledge of the relevant laws; an understanding of the legal concepts involved, etc.).  Yes, there are standard forms to complete (SF 3107 series FERS employees; SF 2801 series for CSRS employees; SF 3112 series for both FERS & CSRS employees) — but how they are completed, and the information provided, must be carefully formulated.  How one puts together a Federal Disability Retirement case is just as important in getting at the essence of a Federal Disability Retirement case, than trying to figure out the different components which make up a case.  

The “essence” of a thing is a sought-after jewel which has been an ongoing event throughout Western Philosophy, from Plato and Aristotle, to Heidegger and Husserl; it has only been in recent years that such a search has merely turned into a Wittgensteinian language game; and with the U.S. Office of Personnel Management, perhaps it is proper that it has become so.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Effective Repetition

Repetition is an effective tool in any writing forum, if the audience to whom such repetitive tools are directed, is taken into account.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the repetitive restatement of specific medical conditions, the symptoms exhibited and manifested over the years, the impact upon certain elements of both one’s positional duties and daily living activities from the medical conditions themselves, etc. — all can be effectively stated throughout the Federal Disability Retirement application itself.

For, repetition can also produce the appearance of consistency; and when the same or similar phrase or concept is repeated in different documents — in the applicant’s statement of disability; in the doctor’s narrative reports; in the Supervisor’s Statement; in the medical office notes and progress notes; such repetition reveals a consistency of terms, which reflects a reality of chronicity as to the state, severity, and nature of the medical condition and its impact upon one’s ability or inability to perform one or more of the essential elements of one’s job, which is what must be proven in a Federal Disability Retirement application.

That is why the order and sequence of what to write, when to write it, and what to wait for before writing one’s Applicant’s Statement of Disability (SF 3112A) is important.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Logistics, Strategy and Substantive Paradigm

In any and every endeavor, whether on a large scale or of little consequential impact, a tripartite approach must be devised:  the logistics of the case (the “how” and the mundane mechanics of procedural actions involved); the strategy of it (the methodological plan of action, involving the choice of which issues to prioritize and tackle, etc.), and finally, the substantive paradigm of the case.

It is often the latter which is overlooked, precisely because everyone is always too busy trying to immediately figure out what to do and how to do it.  In a pragmatic sense, the logistical plan and the strategic outlay are crucial in any legal action; as a persuasive foundation for winning, however, devising a substantive paradigm of a case may be the essence of a winning path.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee who encounters the myriad of voluminous standard forms to be filled out, the need to obtain medical reports and records, and to simply survive the morass of administrative and bureaucratic requirements, leaves one merely attempting to stay afloat in the logistical mandates — of trying to satisfy all of the Agency demands and requirements.

Additionally, to even contemplate devising a “strategy” of how to go about proving, by a preponderance of the evidence, one’s Federal Disability Retirement case, becomes an obstacle and a burden, especially when one is having to deal with the medical condition and treatment of that condition concurrently with the stress of trying to complete a Federal Disability Retirement application.

As for the substantive paradigm of a case?  That may be the customary casualty of a Federal Disability Retirement case — that coordination of all issues, of the medical, the position one occupies, the persuasive legal argumentation, in a compendium of interconnected sources, arguing to the U.S. Office of Personnel Management the what, where, why and irrefutable how, in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Is the Doctor in, Please?

In preparing, formulating and filing an OPM Disability Retirement application under Federal employee retirement system (FERS), the support of one’s treating doctor is essential in putting together an effective presentation to the Office of Personnel Management.  Sometimes, even doctors have to be reminded of his or her “obligation” to a patient.  When, how, and in what manner of approaching the doctor, is a discretionary element of the process best left up to the patient.  

The reason why the “treating doctor”, as delineated by cases and opinions rendered by Administrative Judges at the Merit Systems Protection Board and by Judges at the U.S. Court of Appeals for the Federal Circuit, is the best one to provide a clinical assessment and evaluation of one’s ability or inability, and the extent thereof, of performing one or more of the essential elements of one’s job, is that the long-term relationship that has been (or should have been) established over these many years of treatment, is a foundational basis of being able to ascertain the abilities, capabilities, and limitations of the patient’s physical, emotional and mental condition. 

If a treating doctor hides behind the excuse of saying that he or she is not “equipped” to make a disability determination, or that there are doctors “out there” who specialize in disability determinations, and he/she is not one of them, an explanatory discussion should be engaged in with the doctor, which should include at least the following three (3) elements:  (1)  A reminder of the history of the doctor-patient relationship, (2) that your particular doctor is the one who knows the intimate details of your medical conditions and the history of treatment engaged in, and (3) that such administrative headaches resulting in obtaining Federal Disability Retirement benefits from the Office of Personnel Management is a vital part of the long and recuperative process that the doctor has been trying to attain.  

Ultimately, it is the treating doctor who is the best one to render an opinion as to whether a Federal or Postal employee whom the doctor is treating, can continue to perform all of the essential elements of one’s particular job.  The question then is, Is the doctor in?  Meaning:  Is the doctor still going to “be there” when it really counts?

Sincerely,

Robert R. McGill, Esquire