Federal Worker Disability Retirement: Contemplative Action

Contemplation for the sake of “in and of itself” can be activity without purpose or end, and can lead to inertia; for the living of modern life inherently has demands of actions — of “making” a living, of “producing” results, and “accomplishing” set goals and purposeful ends.  But contemplation for the sake of an end is in and of itself a useful activity.  

Part of the “preparation” of the oft-used phrase (used repeatedly in these blogs), “In preparing, formulating and filing…” is the very act of contemplation — of formulating a plan of action for the securing of one’s future.  For, the Federal or Postal employee who is considering filing, as some future event, a Federal Disability Retirement application either under FERS or CSRS, with the Office of Personnel Management, must contemplate the emotional, financial, and future impact of such an action, and there is indeed much to contemplate in the very pre-preparatory stage of the administrative action.  

Can one endure the long wait of the administrative process?  Does one have a supportive medical community to provide the documentary support necessary to be successful?  Will one’s family, friends, etc., understand and empathize?  What will be the reaction of those who will be informed — family, coworkers, supervisors, doctors, etc.?  

I often state that the “Holidays” should not be a time to iron out differences within the family, but instead should be a time of “coming together” and enjoying the time and life away from the daily comedies of the modern life style; that such “ironing out” should be done during those other periods of the year.  But such respites as the “Holidays” can and should be used to contemplate and formulate a plan of action for the future; and in the quietude of Thanksgiving and Christmas, it may be time to huddle around a contemplative time of gathering, in order to secure a brighter future.  

Remember, preparation is the key to success, and wise and good counsel should always be a part of that preparation.  In dealing with the Office of Personnel Management in preparing to file for Federal Disability Retirement benefits, it is often a good idea to have a contemplative phase, and to rely upon good advice and counsel.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Don’t Assume

We are all familiar with the acronym-like adage which can be extracted from the word “assume”.  In preparing a Federal Disability Retirement application under FERS or CSRS, the first question that one must ask of one’s self is:  “Do I have a supportive doctor?”  If the answer is an unequivocal “No”, then entertaining even the thought of proceeding forward with the process is a virtual act of futility.  

Now, to all unqualified statements, there are exceptions to the rule.  There are, indeed, medical conditions where the mere treatment records, office notes, etc., reveal irrefutably of a medical condition of such severity that there is no question as to its impact upon one’s ability/inability to perform the essential elements of one’s job.  But that is rare.  If the answer to the original question is:  “He may be…”  “I assume he is supportive…”  “He seems supportive because…”   While these are niceties in one’s figment of one’s imagination, and foster a sense of security and a warmth for a doctor-patient relationship, such answers all have an undercurrent of an assumption.  Don’t assume, if you are planning to go forward with a Federal Disability Retirement application.  Instead, make an appointment with your doctor and have a frank and open discussion.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Tools to Use

I am often asked, when filing for Federal Disability Retirement benefits under FERS or CSRS, Will you use … ?  From the range of tools of evidence to use — including VA disability ratings, to OWCP “CA” forms, MMI ratings, Veterans Administration records, Second opinion doctor’s report, referee opinion report, letters from the Agency indicating unavailability of work; letters from the agency indicating the extent and limitation of willingness to provide for an “accommodation” (whether legally sufficient to rise to the level of meeting the definition of what it means to be an “accommodation” under the law), and multiple other tools — all of it is a matter of legal discretion.  

The general rule that I utilize is that, If it is helpful to my client’s case to prove to the Office of Personnel Management that my client’s Federal Disability Retirement application under FERS or CSRS will be enhanced and aided by the material, then I will use it.  The discretionary issue which the attorney representing an applicant for Federal Disability Retirement benefits is essentially to “match” the document or piece of evidence with the particular issues which must be proven, and that is a matter of carefully reviewing each piece of evidence in compiling a compendium of evidence which makes up the “whole”.  It takes time, patience, and sufficient legal knowledge to understand which issues are important in proving a Federal Disability Retirement case under FERS or CSRS to the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Form & Content

Ultimately, “forms” are just that — the skeletal underpinning which holds the “body” in a certainly recognizable structure; the “skin” of something which holds the substance underlying everything, into a workable whole.  In filing for Federal Disability Retirement benefits under FERS or CSRS, it is imperative that certain forms be completed (SF 3112 series for both FERS & CSRS; additionally, SF 2801 forms for CSRS & SF 3107 forms for FERS), but one must concurrently always recognize that it is the content which is placed into the forms which is of paramount importance.  The coordination of all of the content and information; the substantive basis for justifying and persuading that one is eligible and entitled to Federal Disability Retirement benefits under FERS & CSRS — these are the mainstay of the entire process, and while one can get “caught up” in the “proper” manner of filling out the forms, it is always the content and the coordination with all aspects of a Federal Disability Retirement application which must be the focus of the potential applicant.

Sincerely,

Robert R. McGill, Esquire