Tag Archives: telling the truth does pay in a csrs or fers disability claim

OPM Disability Retirement: Concealment through Repetition

It is often through mindless repetition that concealment of truth can be accomplished, and with insidious efficiency.  For, repetition of tasks; redundancy of toil; convenience of engagement in life’s duties and obligations without thoughtful input; these can all be performed in monotonous automation without the participation of the one true essence of human uniqueness and identity:  the creativity of thought.

Life sometimes deadens the soul; or, more accurately, it is we who, as the gatekeeper of sensory impressions which bombard us daily, allow for the toxicity of life to invade and destroy.  Of all moral failings, however, one of the greatest is to allow for the mundane to conceal the truth.  That is often what the human toil of work allows; for, when a medical condition, whether physical or psychiatric, creeps in subtle hiding but progressively deteriorates and eats away at the body or soul, the desperate need to hide behind the mindless repetition of work allows for a semblance of mundane continuation of daily routine, and to trick the mind into thinking that all is well.

It is tantamount to the Maginot Line which the French had erected, consisting of fortifications, armaments and weapons’ placement in anticipation of an outdated strategy of waging war:  it provided a semblance of security, and allowed people to mindlessly live life.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s Federal or Postal position, the refuge behind work; the responses to agency actions of retaliation; the prolonging and procrastinating of the one true essence of necessity — of filing for Federal Disability Retirement benefits in order to attend to one’s health — allows for the repetition of monotony to conceal the singularity of focus which is required to move forward.

Filing for Federal or Postal Disability Retirement benefits, whether under FERS or CSRS, is not the “be all or end all” of solutions; but it unravels a truism which prevents inertia of creativity, by allowing one to secure an annuity for the future, and to go back to the foundation of human essence: health, creativity, and the discarding of the repetition of the mundane.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Credibility (Part II)

Ultimately, then, credibility of a FERS or CSRS Disability Retirement application will often come about based upon an initial perusal and superficial, “first-time” look at a Federal Disability Retirement application under FERS or CSRS.  That is why it is often important to thoughtfully and sequentially place information in a methodological, coherent manner. That is why superfluous, peripheral material, opinions, statements from non-medical third parties, etc., should be kept to a minimum, at least in any initial attachment.  Now, if it is thought to be necessary and if it is determined to be helpful additional information, then an addendum attachment, or perhaps an attachment chronologically listed as “additional helpful information” can be part of the packet.  However, it should be clearly identified as such, and even the “additional information” should be streamlined, coherently structured and qualitatively and selectively utilized.  Remember that the essence of a Federal Disability Retirement case is the interconnection between a person’s medical condition and the type of work which one engages in.  As such, aside from the personal “I” statement, the medical reports and records should be the central focus.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Credibility (Part I)

The credibility of the Applicant’s Statement of Disability (Standard Form 3112A both for FERS & CSRS employees) is crucial to obtaining an approval for a Federal Disability Retirement application.  Remember, first and foremost, that the personal pronoun “I” is being used — and should be used.  As such, one’s integrity and personal credibility is put to the issue.

While descriptive delineations of one’s symptoms are important, with appropriate adjectives to convey the extent of the subjective symptomatologies experienced, remember that exaggeration is the undermining element which can unravel a Federal Disability Retirement application, and ultimately reflect with harm upon one’s integrity and credibility.

Truth should always be the guiding principle; but perspectives are accepted in the conveying of such truth.  Remember that Pontius Pilate asked the famous question, “What is Truth”?  In asking the question, he never stopped to consider the answer; instead, he asked it in a rhetorical fashion, without regard to the truth.

Truth is important; being truthful is essential; and beyond this, correspondence of truth with the medical records and reports is the coherent package which will win in a disability retirement packet.

Sincerely,

Robert R. McGill, Esquire

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Federal Disability Retirement Benefits for Federal & Postal Employees: Always the Initiator

In preparing, formulating and completing a Federal Disability Retirement packet under FERS & CSRS for the Office of Personnel Management, it is important to always be the initiator of all issues, real, implicit or potentially existing.  Nothing should ever be “hidden”.  To hide is to admit that something is wrong; to paraphrase a Shakespearean verse, to object too strenuously is to admit to something that you think needs objecting to.  Or, to put it in elementary terms, honesty is always the best policy

Aside from the obvious penalties for lying upon a Federal Application for Disability Retirement benefits under FERS or CSRS, there is the practical reason:  rarely is an issue of such ominous importance that it would preclude a Federal or Postal employee from obtaining Federal Disability Retirement benefits under FERS or CSRS.  Certainly, some issues can become temporary impediments; other issues — often relating to performance issues, misconduct during Federal Service, a perception that an employee did something “wrong” — will lead a potential applicant for Federal Disability Retirement benefits to “color the truth” in an application for Federal Disability Retirement.  There is no need.  Certainly, some issues need to be highlighted more than others, and other issues need to be left in the periphery; but openness is the best policy, and honesty is always the only avenue to success.  It is merely how you state it, that matters.

Sincerely, Robert R. McGill, Esquire