Federal and Postal Disability Retirement: Orchestration

The quality of a piece of music is defined by sound and silence.  It is the former which is focused upon by most individuals; it is the importance of the latter which is ignored, precisely because the negation of X is never recognized as X until and unless its existence is suddenly lacking.  Silence — that momentary pause which allows for sound to pass by in waves of sonorous beauty — is the untouched beach combed by the lapping waves of quietude.

The orchestration of combining each entrance of every instrument, at the precise moment, preceded by pauses of silence, and tapped by the conductor with precision and sensitivity, is the core of a brilliant musical performance. But orchestration embraces such beauty of composition in all walks of life — from the predator silently creeping to pounce upon its prey in the footprints upon grounds which give way with a flicker of silence or sound, allowing for alerting the victim or not; to the composition of a breathtaking novel in coordinating characters, scenes and descriptive metaphors; the ability to coordinate the complexity of singularities into a cohesive whole is the art of orchestration.

And so it is in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal Worker is under FERS or CSRS. Federal Disability Retirement may seem to be a purely administrative endeavor which has no connection to the beauty of musical orchestration; but it is in the cohesive adherence of law, statement of facts, and procedural preparedness, that the invisible thread of creativity must come to the fore.

One’s Statement of Disability, standing without the law, is insufficient; the argument of the law, without the medical foundation prepared, is merely a hollow voice of reason; and the lack of creating a bridge between one’s medical condition and the positional requirements and essential elements of one’s job, leaves an abandoned castle surrounded by a dangerous moat.

Metaphor is a key to understanding complexities of life; for the Federal and Postal Worker who needs to file for Federal Disability Retirement benefits under FERS or CSRS through OPM, the orchestration of life’s complexities may require a conductor who guides the instruments toward a successful outcome in the preparation, formulating and filing of a Federal Disability Retirement application, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Disabled Federal Workers: Those Important First Steps

It is often the period of initial preparation of a process which is important in setting a solid foundation for the insurmountable security and solidity of a case.  That truism is arrived at through retrospective reflection; but when one is frantically attempting to reach the end-goal, the frenzy of trying to get there is the very problem which derails a case.

When the Federal or Postal employee finds that a medical condition impacts and prevents one or more of the essential elements of one’s job, and further, that the Federal agency or the U.S. Postal Service is beginning to voice “grumblings” about one’s performance, to include excessive use of SL or LWOP; or, worse, one finds that a PIP has been issued, and one is thus subjected to the microscopic assessment of one’s work, including the number of times you use the restroom — panic sets in.

But quickly compiling a volume of medical records and hastily submitting a Federal Disability Retirement packet through one’s Human Resources office is the wrong approach.  For, ultimately, it is not one’s own agency which has anything to do with a OPM Disability Retirement application; rather, it is the U.S. Office of Personnel Management, a completely separate agency, which renders a decision on all Federal Disability Retirement applications, whether under FERS or CSRS.

That is why preparing the initial steps in compiling a persuasive Federal Disability Retirement application is crucial; it will determine the later consequences of success or failure.  Thus the age-old adage:  Penny wise but pound foolish; or more aptly, get your ducks in a row early.

Sincerely,

Robert R. McGill
FERS Disability Attorney

   

Disability Retirement for American Federal Government Workers: Timing and Impatience

In the United States, we have come to expect efficiency and effectiveness; that is the nature of our history, and precisely why the prevailing philosophical engine has been that of “pragmatism“.  But countries evolve over time; bureaucracies become burdensome; the character of a nation may slowly, almost imperceptibly, change and alter.  Further, some actions are within the purview of one’s ability to impact; other issues are entirely outside of one’s control.

For the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to distinguish between those aspects of the administrative and procedural issues which can have some exerted control, and those which are well beyond one’s sphere of influence.  For, the test of one’s patience and growing sense of impatience will often be determined by a recognition of that which can be influenced, and that which has little to no access for such.

Timing issues can often be controlled, as in when to file; but as for the timing of OPM’s determination, that is another matter altogether.

Patience is unfortunately a virtue which is being daily tested by Federal agencies; the practical reverberating impact is upon the individual Federal and Postal employees who are filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management (the Agency that approves and manages Disability Retirement for all Federal Employees in America)  That, too, is something which is historically inevitable — it is the individual who is impacted, while the faceless “agency” goes on about its business.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Case Development

There are times when “waiting for a season” makes sense — as in entering a marriage relationship prior to a long engagement period for purposes of getting to better know the other person.  Or, in a FERS or CSRS Disability Retirement application, waiting as the doctor wants to establish more evidence, send the patient for a Functional Capacity Evaluation (FCE , or to see what his or her colleague or referral “specialist” has to say before rendering an opinion — these are all valid reasons to wait before formulating and finalizing a Federal Disability Retirement application from the U.S. Office of Personnel Management.

There are, of course, countervailing reasons which “balance out” such sensible bases for waiting — economic rationale; the need to file in a timely manner if the Statute of Limitations is running and the 1-year mark is quickly approaching; threats by an agency to remove the Federal or Postal employee and leaving him or her with no income, no medical insurance, and little leeway for options other than to file for Federal Disability Retirement benefits from OPM; but such balancing must be done with an intelligent approach, as timing at the outset in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is best accomplished in order to preclude, as much as possible, the delay of time at the “back-end” of a case, by having it summarily denied at the First Stage of the process.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Timing

Once the decision has been made to prepare, formulate, and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal Worker will often want to “time” the event of filing with the agency.

While this is certainly “do-able”, one must take into account that there is very little control, if any, as to the ultimate timing event:  The U.S. Office of Personnel Management is backlogged at every stage of the process — at the intake point in Boyers, Pennsylvania; in assigning a Case Worker to begin “handling” the claim (whatever that may mean); to actually reviewing, analyzing and evaluating the submitted Federal Disability Retirement packet; to making an actual decision, rendering the decision, and mailing out the decision-letter itself.

Thus, whether for personal or professional reasons — some (or most) Federal Workers are so dedicated as to have a desire to complete projects, make sure that certain responsibilities are delegated properly, etc. —  it is perfectly acceptable for Federal Disability Retirement packets which are prepared and ready to be filed, to be temporarily held or suspended for a timing reason, so long as medical reports and records do not become stale.

Further, in some cases it may take a period of months in order to develop the case fully, where the treating physician may need to order additional tests, try other palliative means of treatment, etc.

Whatever the reasons may be, there is nothing wrong with attempting to “time” the submission with the agency, so long as the Federal or Postal Worker understands that there is no such thing as timing the event with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Timing and Perseverance

The proper timing of an event has much to do with the successful outcome of an endeavor.  Just look at the “timing” passes in the NFL, where the quarterback throws a pass towards a receiver who has not yet looked for the ball, but expects it because that is precisely the play which has been called, and one which has been practiced for in countless previous series of practices.  But with timing comes a history of perseverance. Timing is perfected by practice, and practice becomes fruitful and productive only through countless effort and perseverance.

If the first time one attempts X and the timing is not perfect, one cannot walk away in frustration because the timing was “off”; rather, it is through perseverance where perfect timing is achieved.  Effortlessness is achieved through the very achievement of great effort.  

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there are multiple “timing” issues, coupled with the need to have the perseverance to achieve that proper timing.  

Sometimes, it is simply premature to start the process:  perhaps the doctors are not ready; perhaps the Federal or Postal worker is not mentally prepared to take the next step.  Psychological barriers are just as real an impediment as physical ones. At other times, timing has to do with the doctors — cases often have to develop, and doctors have to spend time with the patient/applicant before admitting that disability retirement is the only and best option.  For that “perfect timing” to occur, perseverance by the Federal or Postal employee may be needed — if not only to persevere through a slightly longer process of case-development.  

Thus, timing and perseverance are not limited to the NFL or sports in general; rather, in life, and in preparing a Federal Disability Retirement application, being “in the game” and trudging along to perfect the right time, are all important components in the successful submission of a Federal Disability Retirement application for the Federal and Postal Worker.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Attempting to Time Submissions

Timing is more of an art form than a science; it is the coalescence of knowledge, experience and an instinctive sense of when the most effective moment of fruition will occur, rather than an empirical analysis of sequential propositional logic.

In preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether under FERS or CSRS, many Federal and Postal employees attempt to “time” the submission of a Federal Disability Retirement application, for various purposes and reasons, some rationally sound, others rather dubiously proposed.  Whether it is because of a set goal of a date certain; or of funds reserved in order to survive a specified period of time; or of a belief that certain months have a higher probability for a successful outcome; all such attempts are neither based upon certitude, nor upon a sound methodological basis.

The best timing for any Federal Disability Retirement application submitted to the U.S. Office of Personnel Management (first, through one’s agency if one is still an employee or not yet separated from Federal Service for over thirty one (31) days) is the one which files it properly, in a timely manner, in as complete a format as possible, and which satisfies the legal criteria as set by statute, regulation and case-law.

Now, there may be some truth to the idea that submitting an application just before Christmas, or during the week of the 4th of July, may not be the most intelligent thing to do, as such a packet may sit in the agency mail room while most of the Federal or Postal employees (or both) are off doing other things.

Aside from such exceptions, attempting to “time” a Federal Disability Retirement application, whether under FERS or CSRS, should be a secondary matter; the primary focus is to prepare a case well, in substantive form, and let the winds of time determine the course of future events.

Sincerely,

Robert R. McGill, Esquire

Early Retirement for Disabled Federal Workers: Timing Is Always Critical

Timing has to do with the appropriateness of an action within the proper context, before a chosen audience, in accordance with customs and the historical pretext which forms that coalescence of circumstances.  Much of one’s actions are simply to rush in order to complete the task.  But the completion of a task, if ignored in the context of audience, timing, and event, may well result in mere completion, without any resulting effectiveness.

Thus, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the Federal or Postal employee must attempt to optimize every opening, every available opportunity, to take advantage of the proper timing in preparing a case, formulating the case, and filing it — at each stage of the administrative process.

Sometimes, timing of course must incur the chaos of rushing — as in meeting the 1-year Statute of Limitations in filing a Federal Disability Retirement application.  Other times, however, such as responding to a Request for Reconsideration, or to a Medical Questionnaire, requires an appropriate consideration of “when” to file the medical information, the updated medical report, etc.  Further, in the context of today’s reality, where the Office of Personnel Management is presently behind in its review of Federal Disability Retirement applications, there is the question of when “best” the time is to submit additional & updated documentation, whether it is a received approval from SSDI or other persuasive documentation.

Experience alone will often determine knowledge of timing; that is why old men nod with knowing smiles at youth, where time is wasted upon unnecessarily expended energy and enthusiasm.

Sincerely,

Robert R. McGill, Esquire