Tag Archives: the need to convey a story in the applicant’s statement of disability

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: Refinements

One often hears of a “refined” or “cultured” person; such a description often provokes an image of one who has had the leisure time in order to engage in the arts and of higher society; and the word itself leaves connotations of perfecting the rough edges of a person, thing or work.  But if the focus of one’s efforts is upon refinement at the outset, then there is the danger that the core of the focus will not have been adequately worked upon.

Refinements should come only after the essence of a work has been produced, just as leisure time should be enjoyed only after one has completed the necessary work.  Refinements should not be the focus of one’s attention if the centrality and essence of the issue is not first attended to; and so it is with all things in life.

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 focus upon creating, formulating and producing an excellent Statement of Disability; expending the effort to obtain an effective medical report; promulgating the applicable legal arguments which support the substantive underpinning one’s Federal Disability Retirement application.

Refinements can be made; but such a focus should only be engaged once the core essence of a case has been formulated.  Leisure time is just that — only after the essence of a case has been attended to.

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 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

Postal and Federal Disability Retirement: More than a Story

Re-reading Anton Chekhov’s famous short story, “Grief”, is instructive in multiple ways — the effective use of limited dialogue; creating of word-pictures which set the tone of the story; the metaphorical use of language; and the answer to the question, What makes a particular aggregation of words effective in their linear combination?  It is a very short narration of events, even for a “short story”.  Yet, as a classic piece of literature, it stands alone in its powerful evocation of the plight of man:  the need to relate human suffering, in its proper manner, in a particular way — so as to relieve the sufferer from the very essence of his turmoil.  To whom it is told, of course, is not important; how it is stated, is the point of the story.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, both the “to whom” and “how” are equally important, and that is the difference and distinction from fictional prose.  The audience in a Federal Disability Retirement application must always be kept in mind — a Federal Government bureaucrat, who has seen many Federal Disability Retirement applications, whether under FERS or CSRS.

Like the passengers to whom Iona Potapov attempted to relate his story, the Claims Specialist at OPM will have a calloused view of one’s Federal Disability Retirement application — not necessarily because of an inability to empathize, but because any singular Federal Disability Retirement application will be merely one of thousands to view, and after time, the conglomeration of words simply spill over one into another.  As such, “how” the narrative portion of one’s Federal Disability Retirement application is told, becomes all-important.  The type of prose, of course, is far different than Chekhov’s fictional account of the suffering of a man; but the metaphorical use of language should be invoked where applicable, all the while understanding that being concise and conservative in choosing the right words is the most effective way of communicating.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Showtime

In old literary adage, one should always write in a manner which “shows” to the reader an event that is happening, a conflict unfolding, or a misery felt.  Entertainers never declare to one another, “It is Tell-time”.  Instead, we are all familiar with the singular phrase, “Showtime”.  For, one can “tell” a story, state facts, convey issues, etc., but the most effective tool in evoking empathy, sympathy and understanding from the reader, the recipient or the audience, is to “show” what is occurring.

Such conceptual efficacy also applies 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 interesting how a focal point of an endeavor often calls for utilization of tools outside of the arena of specialty demanded; thus, it is not so much knowing administrative law which is necessary to prepare an effective narrative in the Applicant’s Statement of Disability (Standard Form 3112A, both for FERS as well as for CSRS employees) — rather, it is the ability to engage in effective narrative prose.

The common literary refrains of repetitiveness, of descriptive word-usage, of choosing adjectives which flow and yet accurately describe the nexus between one’s medical conditions and the positional duties of one’s Federal or Postal job — these are all important in compiling an effective narrative of one’s medical condition and how it impacts upon one’s ability to perform one’s job.

While the doctor may present your case in a distant, clinical manner, the applicant himself/herself must evoke some semblance of understanding from the Claims Representative at the U.S. Office of Personnel Management.  Indeed, it is “Showtime”, but the showing must be accomplished in words, and the time to touch upon is the present moment, encapsulated in time and the narrative prose.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Government Employees: The Narrative

In every life, in every human condition, there is the narrative to tell.  In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is an opportunity to convey a “narrative”.  It is, however, for a specified purpose — to obtain OPM Disability Retirement benefits from the U.S. Office of Personnel Management.  As such, there is a “context” within which one is asked to communicate the narrative of one’s life; and that context is delimited and defined by the questions posed on an Applicant’s Statement of Disability, Standard Form 3112A.

The communicating of one’s narrative is an important desire and need for human beings.

The story entitled “Grief” or “Misery”, written by Anton Chekhov, answers the poignant question, “To whom shall I tell my grief?”  In that story, Iona has lost a son, and the story unfolds of how, at every opportunity in the quest to tell the narrative of the human condition, he is rebuffed, ignored and left unsatisfied.

It is often the case in similar fashion with Federal and Postal workers who are attempting to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management — a need to describe and tell the story of pain, medical conditions, harassment, stress, anxiety, etc.  But it is the job of the attorney to refine, limit, restrict and streamline the story; for the story of the human condition will have amounted to further misery if the story is told unedited, and the Federal or Postal employee is unable to obtain the Federal Disability Retirement benefits because the unedited version of the story was left to be told, resulting in a denial from OPM.

There are counselors and therapists; there are treating doctors; the attorney is neither.  It is the job of the Federal Disability Retirement attorney to effectively represent a client, and sometimes that involves the necessity of being blunt and forthright.

Sincerely,

Robert R. McGill, Esquire