The Sequence of Steps during Federal Disability Retirement Filing

Confusion often results in a meandering of purposes; on a graph, it is rarely the linear focus of a clear start point with an end goal; instead, the zig-zagging effect of wasted energies manifests a lack of insight into the procedural methodologies which should be followed in any endeavor.  Just as a broken clock can be correct in telling time twice in a 24-hour period, so an endeavor engaged can sometimes result in an effective product, but one should never rely upon the statistical chance that success will result from confusion.

In a complex conundrum of an administrative, bureaucratic process, such as that represented by filing for Federal Disability Retirement benefits for Federal and Postal workers under FERS, CSRS or CSRS Offset, it is important to employ a clearly goal-oriented, methodological approach in completing an effective Federal Disability Retirement packet.

Yes, there are many forms to complete (SF 3107 for FERS employees; SF 2801 for CSRS & CSRS Offset; SF 3112 series for all three, FERS, CSRS & CSRS Offset); yes, the tentacles of administrative and procedural requirements are numerous and overlapping, creating a confused cauldron of conundrums one cannot fathom to complete in a rational manner; and, yes, there is an amalgamation of tasks to complete, all within the context of dealing with the medical condition itself, the problems at work (if one is still employed with one’s agency), and the worries overwhelming with future concerns.

But the options are clear and limited; the reasons for filing for Federal OPM Disability Retirement benefits are clear and unequivocal:  as choices in life reflect a linear path with few outlets beyond the stated goal, it is important to identify the efficacy of the steps which are required, and to implement them in the proper sequence in order to reach the intended target:  an approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal and Postal Employees: The Diatribe

There may well be an appropriate time for a lengthy diatribe.  The act itself often finds its impetus in bitterness; it also implies a lack of control, overwhelmed by anger and originating in attribution by an act of injustice.  But where emotion controls rationality, the loss of sequential propriety normally results in a corresponding lack of coherence and comprehension.

For Federal and Postal Workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal Worker is under FERS or CSRS, the urge to right past wrongs is a compelling force which often erupts in a diatribe of sorts, within the content of a Federal Employee Disability Retirement claim. This is, unfortunately, a self-defeating proposition.

Yes, agency actions often comprise a compendium of injustices; yes, treatment of coworkers can be the basis of collateral actions; yes, discriminatory behavior may be a justifiable basis for filing EEO actions; but, no, weaving one’s frustration into the substance of a Federal Disability Retirement application is not the right path to take, for the simple reason that it is not the appropriate venue in which to vent.

Federal and Postal Workers who intend on filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, need to bifurcate the issues, and recognize the practical dualism in existence:  OPM is a separate Federal agency from the one employing the chronically ill or injured Federal Worker who intends to submit a Federal disability Retirement application (in most cases, unless of course the Federal employee works for OPM — and even then, the section which reviews the Federal Disability Retirement application is separate and distinct within the agency).

Context and appropriateness are invisible lines which need to be followed.  Diatribes may have their place in literature; it rarely serves a useful purpose in filing for CSRS or FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee’s Medical Retirement Programs: Propriety of Sequence

Propriety is not a concept which is much discussed, anymore.  That which is socially or morally “proper” has been discarded, precisely because convention is no longer accepted as a standard to follow.  But when the consistent pursuance of the opposite of X becomes the acceptable standard, does it not then become the convention itself?

Further, some levels of propriety follow upon the thoughtful order of things, and are imposed not because they are artificial societal creations mandated through a history of traditions; rather, it is so because of common sense.  For example, while having a urinal right beside each table in a restaurant may be the most naturally convenient place for utilitarian purposes, the propriety of such placement defies the convention of modesty and privacy concerns; and so it goes.

Sequential propriety is often the best example of logically-imposed events, and failing to follow the linear approach may have unforeseen consequences erupting with problems down the road.  Thus, teaching a child to stop, look, listen — then to cross the road, is both logical, of utility, and linear, with a rational foundation for following upon the sequence of actions.

For Federal and Postal employees contemplating the preparation of a Federal Disability Retirement application, whether one is under FERS or CSRS, the propriety of sequential formulation of one’s Federal Disability Retirement application is important before proceeding. When should the Federal or Postal employee’s Statement of Disability be prepared? When should the Supervisor be approached to complete the Supervisor’s Statement? What should be the sequence and priority of listing of the medical conditions which make up the core of one’s Federal Disability Retirement application? Sequence of propriety is often a combination of naturally-imposed events, as well as logically sound determinations.

Throwing out convention is fine for the unthinking; but there have been many a thoughtless child who, like the symbolism in the well-known story of Holden Caulfield, comes too near the edge of a cliff in a field of rye to deserve comfort of thought and actions.

Sincerely,

Robert R. McGill, Esquire

 

OPM FERS/CSRS Disability Retirement: Sequential Propriety

In many societies and cultures which still consider social protocol of applicable importance, correctness and orderly rectitude must be followed in rigorous detail.  It is the process itself which constitutes substantive relevance, and not merely the ritual itself.

Thus, for example, engaging in the details of business dealings prior to enjoying a meal, or bringing up the subject of a disputed issue during a meal or in the presence of family members, may be a violation of such social protocol as to justify irreparable severance of any future business dealings.  Sequence of actions, tested and applied over decades and centuries of norms developed through cultural screens of human institutions guided by sensitivities impacted by trial and error, retain a purpose beyond the mere folly of observable appearances scoffed at by foreigners to the cultural protocol.

For those who are unfamiliar to the importance of such subtleties, a singular breach may invite a fury of cold shoulders resulting from the rudeness of misunderstandings. For the Federal and Postal Worker who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is something to take note of. Not in the sense of social protocol; rather, in the lessons which can be gleaned from the importance of sequential application.

In preparing, formulating and filing for Federal Disability Retirement benefits through OPM, it is important to recognize that proper sequence of compiling the evidence and presenting one’s case can be crucial in the successful filing of a Federal Disability Retirement application.  Doing things “out of step’ can result in preemptively harming one’s own OPM Disability Retirement application.

Whether it is like the proverbial gaffes of, for example, “letting the cat out of the bag”, or “speaking out of turn”, one should always take seriously the relevance and importance of social protocol as a cultural phenomena which contains a logical basis, and is not merely a compendium of silly rules garnered to make outsiders uncomfortable; rather, proper sequence and protocol of actions often teaches us that how one performs the process itself is just as important as the end product for which we strive.

Sincerely,

Robert R. McGill, Esquire

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

Disability Retirement for Federal Government Employees: The Art of Argumentation

The Art of Argumentation is a dying form.  Watching any “debate” forum on television or the radio; viewing the Presidential debates; it has become, instead, a time of pontification, where the loudest, most vociferous voices, and those who can filibuster the time, seemingly “wins” the debate.  

For the art itself to be effective, it must be accomplished in a manner where the opponent is unaware of the subtle impact of the argument itself; it needs to be conveyed in a manner of a conversation, where persuasion is mixed within the content of a narrative.  Of course, there are numerous forms of argumentation —  a strict, logical proposition; a legal citation where one argues that the opponent has little to no choice but to abdicate a position because of what a case-law states; but in most instances, the subtleties must be observed because of the obfuscation of the circumstances and the lack of clarity of the law.  

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 important to compose one’s argument as a conductor would an orchestra:  the facts, the evidence, and the law must be gathered and coordinated; streamlining should be an inherent part of the process; and the tone and tenor of the various instruments will need to be brought together into a coherent whole.  

No one likes to sit and listen to a screechy violin, no more than to listen to the drone of a tuba.  The art of an argument must bring together all of the instruments into a melodious whole, where the listener — in this case, the U.S. Office of Personnel Management — is lulled into a state of rapture, to the extent that an approval of a Federal Disability Retirement application is granted with a smile.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: Where to Begin

Many phone calls admit defeat before the process begins, and this, because the complex process itself is an obstacle of daunting proportions, preventing the Federal or Postal employee from envisioning a time in the future when a Federal Disability Retirement application will have been approved.  

Does a defeatist attitude impact a Federal Disability Retirement application?  Does the U.S. Office of Personnel Management “read into” a Federal Disability Retirement application, somewhat like a mental telepathist, and “know” that the Federal or Postal employee expects a denial? No.  But certainly the approach of how one compiles the evidence, guides the Office of Personnel Management in the roadmap of one’s Federal Disability Retirement application (by narrating a cover letter which is broad in scope, coherent in logical structure, and specific in discussing the attachments and their relevance, etc.), and provides a justifying legal basis for granting an approval — in a comprehensive compendium which provides a foundation to OPM to approve the case — is how one averts a defeatist attitude, and instead replaces it with a confident compilation of a catalogue of clarity (yes, one can get carried away with engaging in alliteration).

Remember that, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the important thing is to always begin with clarity; then, sift through and between that which is central as opposed to peripheral; and in the end, don’t act like an amateur — let the professionals handle it.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Chance of Winning

To characterize the filing of a Federal Disability Retirement application under FERS or CSRS, from the U.S. Office of Personnel Management, in terms of the percentage chances of “winning” is a natural occurrence.  While not strictly or metaphorically similar to a sports event, or a duel or challenge between two opponents, nevertheless, to obtain an approval is considered a “win” and to be denied throughout the entire administrative process is considered a “loss”.

Thus, attorneys also view their careers in such terms — of placing each case either in the “win” column, or its only polar opposite, the “loss” column.  This is a competitive society; one in which most things are characterized in such a way, and to bemoan the reality of viewing it that way would be a waste of energy, time and focus.

To win, then, is the ultimate goal (obviously), and therefore one must attempt to quantitatively increase one’s chances that the Federal or Postal employee will “win” a Federal Disability Retirement application under FERS or CSRS.  Yet, the approach and methodology of too many Federal and Postal employees who prepare, formulate and compile his or her OPM Disability Retirement application, reflects the very opposite approach.  To “win”, as in every other competitive arena of life, requires preparation, planning and purposeful strategies.

For a Federal Disability Retirement application, it requires proper and effective medical documentation; a narrative stated in “connecting the dots“; and a readiness to reply to the legal challenges which are likely to be forthcoming.  If the Federal or Postal employee is going to characterize a OPM Disability Retirement application in terms of being a competitive activity, then it needs to be approached as such.

Sincerely,

Robert R. McGill, Esquire