Federal Gov. and USPS Disability Retirement: The Story Genre

There is quite obviously a human need to relate the narrative; of one’s community events, tragedies and triumphs; from the days of cave paintings to rote retelling of the group’s identity and character of historical form and content, the telling of one’s story is, and remains, a vital part or any community.

Technology has now replaced the gathering of the group around the community center with emails, tweeting, mediums of blogs; of electronic tablets and voice conveyers; but regardless of form, that sense of need in the “telling” and “listening” remains. The methodology of the “telling”, however, has changed in form and content over the years, as technology has greatly undermined the genre of the human narrative with distractions and diversions beyond the story-form. Our focus and attention, quite frankly, is not what it used to be.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, through the U.S. Office of Personnel Management, part of the preparatory phase of the process is to compile the “telling” of one’s narrative. How effective; how succinct and of manner of logical sequence; how coherent and persuasive; all depend upon the form and content of the genre of the human narrative. Factual foundations aside, it is the penultimate culmination of the telling of one’s story which will form the substantive basis of the administrative process.

It is not only a necessary part of the process of preparing and formulating a Federal Disability Retirement application; it is merely the continuation of satisfying that innate human need — of the “telling” of one’s story.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Narrative & the Audience

Anton Chekhov’s short story, “Grief”, is often accompanied by a subtitle, variously interpreted as, “To whom shall I share my grief?”  It is both about the need inherent in human nature to tell one’s story of grief, as well as the cold, unreceptive world which has no time to hear the story.

As the horse-driven cab picks up various passengers and fares, it becomes clear that the audience to whom the father’s grief must be told, is characterized as unfeeling and uncaring towards a man who has experience a tragedy in life.  It is thus the search for the proper audience — and how the narration must be told, in the right manner, at the proper time, within the appropriate setting.

That is how all stories must be told, including a Federal or Postal Worker’s statement of disability, as formulated on Standard Form 3112A in a Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management.  It is with a heightened sense of sensibility that one must put together the narrative form, with a view towards the audience; what facts and minutiae should be included; with a coherent beginning and an appropriate ending; where to begin and when to end; what details should be included, such that it does not divert one’s attention from the centrality of one’s story; all of this, and much more.

Chekhov teaches us much in his writings; how we apply it in our every day lives is left to the reader — his audience.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Narrative of Emotion

Often, when one has been embroiled in a prolonged battle with another person, an organization, agency, etc., the embattled state itself takes on a life of its own, and decisions which should be based upon a rational perspective, what is in one’s best interest, etc., are cast aside.  That is why divorce proceedings — ones which involve little children — are such traumatic events to witness.  But domestic relations litigation is not the only type of proceedings which tear at one’s soul.

Often, a Federal or Postal employee will be involved in countless years of procedural and administrative litigation — including EEO filings, formal grievances, lawsuits filed in Federal courts, etc. — which take their toll upon one’s family, one’s career, and one’s health.  Sometimes, the engagement of litigation becomes a way of life, and the daily turmoil constitutes the norm by which one lives.

When one’s health is impacted, however, the Federal or Postal Worker who considers filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, will sometimes allow for the years of battle to cloud one’s judgment.  While historical narratives concerning the background of one’s medical conditions may be somewhat appropriate in preparing and formulating one’s Federal Disability Retirement Applicant’s Statement of Disability, one should be cautious in filing a narrative of emotion — that exhaustive rant against a particular supervisor or coworker; against the agency; and against the world which has turned into an enemy of daily turmoil and emotional upheaval.

Focus upon the essence of a Federal Disability case.  It may be time to leave behind that prolonged state of embattlement, and find a quiet spot in the pasture of one’s future, and enjoy a day of peace by securing one’s future with a Federal Disability Retirement annuity.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Tie that Binds

Often, it is an intangible “other” which can never quite be located or defined.

In philosophy, and perhaps in life generally, one should always approach a subject with the view that, if one is unable to define it, then one has failed to understand it, or to purport to possess any knowledge about “it”.  To understand is to define it; to define it, is to circumscribe the parameters of the substantiality of an object, and to “possess” it by knowing its essence.

In formulating an effective Federal Disability Retirement application and submitting it for approval with the U.S. Office of Personnel Management, it is important to not only have each of the details in their proper place — of the substantiating medical documentation which are relevant and compelling enough to awaken the senses (especially for that bored OPM caseworker who must sift through hundreds, if not thousands, of case files over the course of any given year); the statement of disability of the applicant; any legal citations and arguments to be made, etc. — but further, to have a comprehensive, overarching “theme” to accentuate the uniqueness of one’s case.

It is that invisible thread, that “tie that binds” a case, which must always be sought after in preparing, formulating, and filing an effective Federal Disability Retirement application.  Once that tie is recognized and identified, then the Federal or Postal Disability application is ready to be submitted.

Like an ending to any short story worthy of reading or publication, or that special “something” between a man and a woman, it is the ethereal tie that binds which makes all the difference.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Recognition of the Imperfect Self

At any extrapolated slice of a person’s life, the identity, character, narrative and personality of an individual is an incomplete description; but a description representing a particular period of a person’s life, together with the multiple preceding, intervening and subsequent sections, constitute the entirety of one’s “life story“.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, it is often difficult for the Federal or Postal employee to find, choose, and apply the “right words” in describing the medical conditions and how they impact one’s positional duties; then to further delineate the impact upon one’s personal life.  For, everyone wants to tell “the whole story“, thinking that the narration of a fractured autobiography reflects an incomplete compendium of a greater complexity of truth.  But from the perspective of the “other” — i.e., in this case, the case worker at the Office of Personnel Management — it is necessary to tell the anomaly of the incomplete complete story:  a slice of life, incomplete in comparison to the totality of a person’s life, but complete in that it answers the questions posed on SF 3112A, and satisfies the legal criteria which forms the basis of an approval or disapproval.

A person’s life can never be captured by an incomplete narrative; and just as a semicolon is a grammatical indicator where the story is meant to continue, so the complexity of a person’s life story — encompassing value, truth and relevance in a world devoid of a teleological framework — can only be captured imperfectly in any Applicant’s Statement of Disability.  The key, therefore, is to recognize the inability to tell a complete story; and, often, it is best if someone else tells the story for you.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Historical Relevance

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must thoughtfully complete Standard Form 3112A — the “Applicant’s Statement of Disability“.

The questions asked on the form do not request, nor do they require, historical context — i.e., of “how” a medical condition or injury occurred, “when” it occurred (although it does ask the approximate date of the onset of disability, which is somewhat distinct from asking the question in the context of historical background; rather, it merely asks for a month and a year), or “what” happened.

History is a contextual aura, a conceptual construct which we carry with us wherever we are; of having an identity based upon one’s background, a sense of who we are, where we came from, and thereby providing a foundation of an understanding of why we are who we are in the present day.  The historicity of an individual, a culture, a society and a civilization is important in understanding the context as to the behavior, motivation, and teleological actions engaged in by an individual, a group, or a nation.

Thus, the old adage that those who fail to study history, are condemned to repeat the mistakes of the past.  But in the context of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS, one must always keep in mind that brevity, streamlining and respect for the limited time, attention-span and workload of the OPM Representative in reviewing a particular case, is important.  To that end, historical background should be guided by the standard of direct relevance to the essence of one’s case.

Reading about history is important; understanding history can be informative; listening to one’s personal history should be left mostly to the quietude of a family gathering, when grandpa has the time to retell ancient stories of those past glory days.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Effective Narration

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, it is often difficult to maintain an objective perspective on one’s own case, precisely because of the intimate knowledge, relationship, and involvement one has with the particular medical conditions one suffers from.  

Sometimes, of course, “maintaining an objective perspective” can backfire — where the argument made or the formulation of the applicant’s statement of disability, conveys little or no emotional undertone.  But the opposite of that particular perspective is normally the case — where one’s own personal involvement and relationship to a case fails to state the facts, circumstances, medical elements and their relationship to one’s inability to perform one’s job, in a manner which is neither coherent nor relevant.  

In preparing and formulating a Federal Disability Retirement application, the problem with a narrative involving one’s own medical condition is not because of its emotive content, for such emotional substance can often be effective in persuasive discourse; rather, the problem with it normally has to do with the coherence of the narrative itself.  

Emotion is necessary for the conveyance of genuineness; only, don’t let the emotion get in the way of telling one’s story.  For the true narrator tells the tale such that the audience feels the heart of the story, without ever knowing that the narration itself is the cause of the emotional upheaval.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: A Proper Sense of Objectivity

In preparing, formulating and filing a Federal Disability Retirement application under FERS & CSRS, one might ask the legitimate question as to why a “proper sense of objectivity” is even necessary, given the obvious fact that:  A.  The applicant is identical to the person whom the application is about and B.  

From the Merit Systems Protection Board cases touching upon the types of evidence which the Office of Personnel Management is required to accept and review, subjective evidence of pain is acceptable and must be considered.  While both of these statements (A & B) are true, the problem comes about when the focus of the discussion concerning the basis and reasons for granting of a Federal Disability Retirement application under FERS or CSRS are without a proper discussion of the medical conditions which should be discussed in the medical reports and records themselves.

This is where the bridge between the applicant’s own narrative of the medical condition and a proper perspective and balance of a discussion concerning the medical evidence being submitted, is often lost when the applicant for Federal Disability Retirement benefits is unrepresented, and is therefore one and the same as the person who is preparing the application.  

Some sense of emotion is never harmful; some sense of passion and strength of conviction is certainly preferable; too much of the “I” will, however, often result in the loss of the proper sense of objectivity in the formulation of a Federal Disability Retirement application under either FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: The Proper Balance

The Office of Personnel Management has sent out a number of denials in recent weeks, and the undersigned attorney has had multiple opportunities to review many of the cases which have been submitted at the Initial Stage of the process, by Federal and Postal workers who are or were unrepresented by an attorney.  

The spectrum of the quality of the applications vary; some have obviously engaged in some research, and attempted to put together a Federal Disability Retirement application by following some guidelines which have been put forth.  But in most cases, there is still the problem of an “imbalance” — of not reaching the correct median between the subjective and the objective; of an inability to stay away from the workplace issues, of harassment, of complaints about the Agency, etc.  

Remember that this is first and foremost a medical disability retirement application, and the operative term which should always be focused upon and emphasized is the “medical” aspect of the formulation.  While there is ultimately no formulaic Federal Disability Retirement packet (precisely because the particular medical condition which is unique to each individual resists any such attempt to package a Federal Disability Retirement application in a generic sort of way), nevertheless, there are certain key points which should be addressed and emphasized, while other “non-key points” should be avoided.  

Put in a different way, in proving that a medical condition prevents a Federal or Postal employee from performing one or more of the essential elements of one’s job, one must include multiple “essential elements” in meeting the burden of proof.

Sincerely,

Robert R. McGill, Esquire