Federal and Postal Disability Retirement: Simplification of Complexities

The art of simplifying the complex requires an effort beyond mere reduction to basic concepts; it is a process of unravelling compound components in order to separate and undo intersecting concepts which tend to confound through connections otherwise incomprehensible, then to analyze each individual element in their own right, before reassembling and reorganizing.

Anyone who has taken apart a piece of equipment without quite knowing what to expect, understands such an intellectual process.  But simplification of explanation does not mean that the issue conveyed is an uncomplicated one; rather, it is an art form of making comprehensible without regurgitating the inherent esotericism itself; it is a reflection of pure understanding when one is able to explain without puffery.

Federal Disability Retirement is a complex process.  There is no getting around it.  One can separate the multiple components into their individual issues, and certainly simplify the morass by attending to each element independently; but in the end, one must reassemble the disparate parts and reorganize it back to its wholeness of integrated integrity.

As an admixture of three complex groupings — the medical, the legal, and the bureaucratic — one cannot entirely escape the linguistic confusion of technical complexities by merely referring to it as “showing this or that”.  The language of the medical issues must be embraced, followed by a clear understanding of the legal elements established, and further promulgated by maneuvering through the administrative process and the agency’s attempt, often deliberate and with conscious effort, to put up unnecessary roadblocks and obstacles.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, is not rocket science; however, nor is it an Andy Warhol piece of artwork.  But then, I never understood the latter to be so uncomplicated to begin with.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The Emotional Quotient

To “walk in another person’s shoes” is a sentiment which attempts to foster empathy for the plight of another.  We tend to believe that if the “other person” had an understanding of the entirety of one’s circumstances, that there would awaken an altered perspective.

“Feeling”, of course, is quite different from “knowing”, and thus do we have, in this era of modernity, that which is identified as one’s “emotional quotient”, as distinct from the traditional “IQ” criteria.

For the Federal or Postal employee considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the conceptual distinction between “feeling” and “knowing” is one which should be considered throughout the course of putting together one’s Federal Disability packet.  For, it is ultimately a third party — a stranger in a gargantuan bureaucracy, the U.S. Office of Personnel Management — who must be “touched” in order to approve one’s Federal Disability Retirement application.

What is said; how it is said; the compliance with the legal criteria applied; how persuasive; whether the emotive content follows and reinforces the factual delineations; and the extent of the logical nexus created between one’s Federal position and the medical condition suffered; all of these in their complex intersection and combination serve to create a picture of a person’s medical condition, and the impact of that condition upon one’s ability/inability to perform one or more of the essential elements of one’s job.

One can approach the entire endeavor and simply say, “The only thing that matters is whether you meet the legal criteria or not”.  On the other hand, you may consider that, as human beings are fallible creatures, and not mere automatons, there may well be an emotional quotient which must be factored in, and in order to tap into such a vast resource of non-objectivity, one must consider one’s words carefully; for, in the end, it is language which creates the picture, as in the very picture of “walking in another’s shoes”.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Experience versus Articulation of the Condition

One of the first rules announced in any elementary creative writing course is for the budding writer to “show” the reader through descriptive sentences, as opposed to “telling” the audience what has happened.  The distinction itself is often difficult to describe; it is like the dividing line between light and darkness — we know it is there, but cannot precisely pinpoint the demarcation line.

Similarly, in law, there is a difference between the “facts of the case” and “proving the case“, and indeed, the difference can encounter major difficulties in overcoming the obstacles presented by the distinction (i.e., it is not the proverbial “difference without a distinction”).  Thus, even though one may have all of the facts in favor of one’s case, unless one can prove them (and overcome legal objections, technical obstacles for inclusion and introduction of such evidence, etc.), such an advantageous position may in the end be meaningless unless the articulation of the facts to the jury can be effectuated.

Analogously, in a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether under FERS or CSRS, the fact that one may experience a debilitating medical condition is merely the foundational basis of an effective Federal Disability Retirement application.  Beyond the existence of a medical condition, a series of connecting steps must be established:  treatment of the medical condition; articulation of the medical condition by a treating doctor; a nexus between the medical condition and one’s positional duties with the Federal government or the U.S. Postal Service; information conveyed as to the impact between one’s duties and the medical condition, etc.

In other words, while the experiential value of the medical condition forms the foundational basis of a Federal Disability Retirement application, the articulation of that medical condition in a systematically persuasive vehicle of communication is paramount in “proving” one’s case.  Certainly, experience is the beginning point; but beyond that, one must set about to establish the necessary proof in articulating an experience.

In flying on an airplane, one would certainly rather have an experienced pilot than a brash young pilot who has never flown but who can talk a lot; but in a Federal Disability Retirement application, it is the one who has both — the “experience” of a medical condition, as well as the ability to articulate the condition — which will prove one’s case; and in so doing, hopefully the trip forward will result in minimal engine troubles, and fewer bumps in the administrative ride of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: The Genre of the Narrative

Different genres purportedly possess internal mechanisms and tools of the trade which distinguish one art form from another; thus, fiction writers use various forms which, in the eyes of the “professionals” will elicit oohs and aahs regarding the technical beauty which heightens the art form; biographers invoke poetic license in recreating scenes and human expressions and emotions from an omniscient vantage point; then, there is the admixture of truth and fiction, of “true crime novels” which are allegedly “true” but in novelistic form, easily readable, commercially successful, and universally enjoyed — but in essence, it all comes down to good writing.  

Readability is the whole point of writing.  Yes, to remain true to the art form is important to the genre; and, yes, to be technically proficient in utilizing the mechanisms and tools of the trade engenders professional acclaim and self-aggrandizement.  But ultimately it all comes down to the ability and capacity to express what one wants to, and needs to, in order to convey to the audience the desired effect.  

So it is in Federal Disability Retirement.  For, as in the various forms of literary genres, the narrative form must be engaging, readable, succinct and streamlined.  Salacious details need not be included to get the attention of the OPM case worker.  

A FERS or CSRS Disability Retirement narrative in the form of the Applicant’s Statement of Disability should be the penultimate form of the art:  part biography, part non-fiction, part logical analysis, and certainly analogous to the true crime fiction — that is the narrative which will draw the OPM case worker into the world of the Federal or Postal Worker who is trying to persuade a bureaucrat to have a spoonful of sympathy in exchange for a cup of truth.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: SF 3112A, the Applicant’s Statement of Disability

Each genre retains its own internal customs, traditions and acceptable characteristics which, in their idiosyncratic ways, defines for itself why the specific genre is distinctively different from another.  Content, length, volume, and literary mechanisms may be acceptable within certain defined parameters; a recent biography by Edmund Morris attempted to utilize a literary artifice which, by most accounts, was not well-received within the genre.  

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 first and foremost understand the “audience” to which the Federal or Postal employee is “writing” to, and thereby custom-fit the “genre” of the writing.  

The reviewing clerks at the Office of Personnel Management have dozens, if not hundreds, of files from Federal and Postal employees.  At the First and Reconsideration stages of the process of filing for Federal Disability Retirement benefits from OPM, the reviewing clerks must sift through the case-file by analyzing the medical documentation submitted, and most importantly, the Applicant’s Statement of Disability as reflected in SF 3112A.  A Dickens-like autobiographical background is not needed, and will likely be ignored.  A mere listing of the medical conditions, while short and to the point, will likely be insufficient.  Thus, the old adage:  neither too hot, nor too cold.  Somewhere in the middle is the proper “genre” to apply.  

As for the specific characteristics of an effective submission, a general comment:  Stay on point; connect the dots between one’s medical conditions and the positional requirements; and don’t bore the reader.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: The Unique Story

This is a world which requires conformity and uniformity; eccentricity is a leisure which few can afford, and as the world operates on a factory-like assembly line, where productivity is the measure of one’s worth, so the uniqueness of a story gets lost in the fading echoes of a scream one hears in a solitary cave, where the sound of one’s cry reverberates deep into the chasm of darkness and the silent quiescence of water dripping upon a moss-covered granite surface.  That is why the poignancy of Chekhov’s story about an old man’s grief and his need to tell his story of the death of his son, resonates with us.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to strike the proper and delicate balance between recognizing the “uniqueness” of one’s case, and the pragmatic acknowledgement of the bureaucratic need of the Federal Agency (both one’s own as well as the U.S. Office of Personnel Management) to have a conformity of one’s story.

Yes, some history and background can be told in the Applicant’s Statement of Disability (although one must be careful in avoiding the pitfalls of ‘situational disability‘ and other issues); yes, one can provide some additional details of one’s ‘story’; but, ultimately, the issue which must be addressed is the legal one:  the essence of the case remains the same throughout.  Throughout, always prepare the Federal Disability Retirement case to conform to the law.

One’s story is unique; the uniqueness must be conformed to a standard of legal proof in order to meet the requirements of Federal Disability Retirement law; once told and conformed, you can still go out and relate your story to those who have a willing ear.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Weaving of Words

From working with raw materials to the final production of a work of utility with an aesthetically pleasing look, the weaver must be skilled in handling the process of creating from scratch.  It is in the very art of weaving, where the end-product notices not the imperfections of that which nature produced, that the “art form” is created.

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 take the materials provided — the medical condition of the Applicant; the doctors who are treating the Federal or Postal applicant; the Supervisor who will be writing up the Supervisor’s Statement; the Human Resources office of the Agency who will be completing SF 3112D — and to “weave” together from the fabric of such diverse sources, and complete a persuasive Federal Disability Retirement packet, such that the compendium of information can be presented in an “aesthetically” pleasing manner (i.e., understandable, comprehensible, and effectively streamlined in order to be convincing and compelling).

OPM is the “purchaser” of the Federal Disability Retirement application, and must be the one who accepts the “product” of a Federal Disability Retirement application.  The “weaver” must be skilled enough to put the packet together, from the raw materials provided, to the finished product.  Upon a successful “purchase”, it is then that the Federal or Postal employee will have obtained the desired result — an approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire