FERS Disability Retirement: The formulation

There is, first, the preparation; then, the formulation; and finally, the filing and the waiting.  Are the sequence of steps necessarily separate and identifiable — cleanly bifurcated such that there is no overlapping of concerns?  Of course not; but the three elements in a OPM Disability Retirement application are necessary for the successful outcome of the endeavor.

The “preparation” is often skipped in order to get to the “filling out the forms” portion, which is contained somewhere between the preparatory stage of the process, extends into the formative arena and comes to fruition just before filing, as the finishing touches are placed in refinement of the final product.

The analogies are numerous: of baking a cake — first, one must have a “recipe” (the preparatory stage of the process); then, in between the preparation and the formulation, one must gather all of the ingredients necessary to fulfill the recipe: i.e., the medical documentation; the legal citations to be applied; perhaps other ancillary supportive presentations; the Applicant’s Statement of Disability; and the multitude of other papers which will ultimately accompany the Federal Disability Retirement filing; then, the filing itself — of placing it into the oven and waiting while it bakes to final product.

It is, in many ways, the “formulation” part of it that fails the Federal employee or Postal worker putting together an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — for, the rush to get it done is often comprised by a furious sense of desperation in gathering whatever medical records can be amassed in the shortest time possible; of quickly jotting down the things “wrong” with you on SF 3112A, Applicant’s Statement of Disability; and then quickly “shoving” it into the oven hoping that it will bake quickly and come out well.

Yet, while the “recipe” is important, and the filing is crucial, it is the “formulation”of the OPM Disability Retirement packet — of the putting together in a thoughtful and persuasive manner the legal memorandum which cites the case-law, argues the evidence and providers a “road-map” for OPM to approve one’s Federal Disability Retirement application — that is often overlooked and becomes the unintended nemesis for a successful outcome in a OPM Disability Retirement application.

In skipping over that part —the formulation of a Federal Disability Retirement application — it is likened to that “uh-oh” moment when you realized that you had forgotten to put any butter, milk or other essential ingredients into the cake after you have already put it into the oven.

Sincerely,

Robert R. McGill, Esquire

 

Federal & USPS Disability Retirement: The Advantage of Persistence

If there are innate, underlying underpinnings of genetic inlays which provide for greater advantages in the evolutionary progression for those who consider survival of the fittest to be the teleological force behind man’s advancement, then the character trait of persistence must be one such data entry.  It is certainly a personality pre-condition for the meanest, most hostile and unrelenting individuals and organizations across the spectrum.  Like the wild dog with the unbreakable jawbone, persistence is that trait where relenting is not an option, and where right or wrong is not the standard which guides or otherwise influences the decision-making process of an individual who embraces a course of action.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to recognize and identify one’s friends, enemies, and those stuck somewhere in the middle, whether because of indifference or apathy; as well as the worth of avenues to pursue, those best left to abandonment, and what reactionary efforts should be engaged.

Federal Disability Retirement itself is a long, arduous administrative process which will require insistence, persistence and an intractable quantity of good, old fashioned stubbornness.  The identified adversary, the U.S. Office of Personnel Management, as well as one’s own Federal agency and the U.S. Postal Service, are entities known for persistence already.  The Federal and Postal employee who takes on the Goliath of the Federal system, must be prepared to endure the persistence of the opponent.  This, despite the disadvantage of suffering from a medical condition, which is and continues to be the primary underlying basis of one’s Federal Disability Retirement claim, to begin with.

Federal Disability Retirement is a benefit which allows for one’s future to be secured, and it is certainly worth “waging the good fight“. Recognition of what one must encounter; the greater advantages of the “opponent” in the fight; and the unrelenting nature of the bureaucracy; these are all elements which should be recognized at the outset, and to acknowledge that in preparing, formulating and filing for Disability Retirement benefits through OPM, there is always an evolutionary and genetic advantage in embracing the character trait of persistence.

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

 

Disability Retirement for Federal Government Employees: Compounding Complexities

As with most things in life, preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management is an engagement of a process which should be affirmatively sought without delay.  Delay and procrastination results in further compounding the complexities which result from a medical condition.  

Dealing with a medical condition while attempting to perform all of the essential elements of one’s Federal or Postal position is complex enough; when it becomes apparent that one’s medical condition will last for a minimum of 12 months, and further, that one or more of the essential elements of one’s job can no longer be performed as a result of the medical condition, then it is time to consider filing for Federal Disability Retirement benefits under FERS or CSRS.  

The cumulative effect of delay and procrastination becomes progressively compounded in both complexity and unintended consequences:  the Agency begins to put greater pressure as work has to be shifted to others; greater mistrust arises; Agencies begin to react with adverse, punitive measures, such as imposing unreasonable leave restrictions, placing an individual on a PIP, proposing suspensions and other adverse actions; all of which results in greater anxiety and exacerbation of one’s medical conditions, which become deleteriously impacted because of the health, financial and professional pressures felt.  

Unless a delay upon making a decision in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS is “planned”  — for a viable, reasonable and rationally-based purpose — such delay and procrastination will only accelerate and compound the problems of one’s life.  The benefit of a medical retirement under FERS or CSRS was created and offered by the Federal Service for a specific purpose.  It is well to embrace that purpose with purposefulness. 

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Quantification v. Symptom Delineation

Different systems and processes require different standards of proof, criteria, and elements of qualifying evidence in order to be eligible and entitled.  Applying for, and getting approved, a Federal Disability Retirement application under either FERS or CSRS, requires that certain legal criteria be met. 

Quantification of a medical condition, although sometimes helpful in further expanding a descriptive narrative of a specific medical condition, is normally rather irrelevant in a Federal Disability Retirement case.  By “quantification” is meant the assigning of a number — of rating a person’s specific medical condition or relative to the “whole body”. 

Thus, in OWCP and VA Claims, there will often be a number assigned — 10% for X medical condition; a “combined” rating of 80%, etc.  One would expect that a high quantification of a medical condition would translate into a more serious appraisal of that medical condition, but various factors need to be considered when attempting to utilize such numbers in preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS.  Thus, for instance, a 10% rating upon a person’s foot may seem relatively insignificant when applied to a sedentary job, but for a person who must be on his or her feet all day, with requirements of constant standing, walking, etc., it becomes not only “significant”, but potentially a singularly viable basis for filing a Federal Disability Retirement application under FERS or CSRS. 

One must be careful in playing the “numbers game” in formulating, preparing and filing a Federal Disability Retirement application under FERS or CSRS.  Numbers never tell the full story, but they can be used to help describe and delineate the necessary requirements to be approved for a Federal Disability Retirement application by the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Objectivity

In filing a Federal Disability Retirement application under FERS or CSRS, a level of objectivity in making one’s case is a goal which must always be in the purview of formulating an application.  If a Federal or Postal Worker is attempting to formulate and prepare a FERS or CSRS disability retirement application without the assistance or representation of an OPM Disability Attorney, this becomes a difficult task — for the identity of the person making the affirmative argument for approval of a Federal Disability Retirement application is the same person who is describing the medical condition, the impact upon one’s Federal or Postal job, and the legal reasons why such an application under FERS or CSRS should be approved.  

There are methods to avoid the appearance of “self-promotion” — a term which may not seem applicable to formulating a FERS or CSRS disability retirement application, but one which simply cannot be avoided completely. For, representation and being a proponent for one’s “cause” — however valid, and however arguably sustainable — nevertheless necessarily may imply a self-interest which engenders self-promotion.  If a Federal or Postal employee insists upon formulating, preparing and submitting an application for Federal Disability Retirement benefits under FERS or CSRS without proper representation, then one’s focus should be upon an “objective” basis — what the medical reports, narratives, diagnostic tests, psychological tests, etc., reveal, and to attempt to discuss such medical documentation in an objective, independent and dispassionate manner.

Sincerely,

Robert R. McGill, Esquire