Federal & Postal Disability Retirement: Preparing the case

For some reason, Federal and Postal workers who “prepare” and submit a Federal Disability Retirement application, do so without much thought as to what is entailed by the entire process.

They will often rely upon what the “Human Resource Office” tells them — of forms to fill out, what form to give to the doctor, the form to give to the supervisor, etc., and will spend more time trying to figure out the confusing life insurance form than in preparing the Applicant’s Statement of Disability (SF 3112A) or the legal precedents that govern Federal Disability Retirement Law — and then, when it gets denied at the Initial Stage of the process and the Federal or Postal Disability Retirement applicant goes back to the H.R. “Specialist” and asks, “Well, what do I do now?”, the response is: “That is not our problem; that’s a problem you have to deal with.”

Accountability is not known to be a commonly recognized characteristic in a Human Resource Office, and while there are never any guarantees in life, in any sector or endeavor, at a minimum, when one is being “assisted” and guided through an administrative process, it is important to know whether or not whoever you are relying upon will see you through to the end.

Why the Federal or Postal employee who begins the process of preparing, formulating and filing a Federal Disability Retirement application does so without the same care, scrutiny and comprehensive approach as one does in “other” legal cases, is a puzzle.

Federal Disability Retirement — whether under FERS, CSRS or CSRS Offset — is as complex a case as any other, and should be approached with the same intensity, technical application and expertise as a patent and trademark case, or a complicated medical malpractice filing.  For, a Federal Disability Retirement case involves every aspect of any other type of complex litigation — of the proper medical evidence to gather; of meeting the established legal standard in order to meet the burden of proof; of citing the relevant legal precedents in order to persuade the reviewer at the U.S. Office of Personnel Management; and presenting a compelling description to a “jury” at OPM that one has met the nexus between “having a medical condition” and the inconsistency inherent with the positional duties required, etc.

In the end, preparing the case for submission of a Federal Disability Retirement application involves greater complexity than what the layman can normally account for, and as the fine print in those television commercials state involving sporty vehicles maneuvering at high speeds, you may not want to try this on your own.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Meaning & work

A book of very recent vintage, written by an anthropologist, uses an 8-letter epithet in its title.  While it is always dangerous to refer to something without having read it, the various book reviewers have provided enough insights to recognize that it involves a judgment upon employment, work and the meaninglessness of many jobs held by the population at large.

There would be, of course, some criticism as to the validity of such a judgment, given the nature of being an “outsider” as opposed to an “insider” — i.e., from the “outside” (e.g., the author/anthropologist himself who makes a living by selling books criticizing certain subjects) perspective, it may seem like certain types of work retain no inherent meaning, but from the “inside” perspective (i.e., those whose jobs it is to perform such tasks, and the companies, corporations and entities that require that such tasks be maintained), elements of employment that outsiders may deem meaningless may contain elaborate foundations of meaningfulness.

That was, of course, one of the criticisms thrown by Marx — of the separation of labor from the value of existence, arising coincidentally from the industrial revolution where mass production and assembly lines in factories that exploited labor resulted in a disillusioning effect because people no longer saw the fruits of one’s own labor (an aside: Does that explain why so many people think that the original source of beef, poultry and dairy products come from the storeroom of Safeway?).

How does one work, make a living and concurrently retain “meaning” in all, if not most, of the tasks performed?  Anyone who has been employed for any significant length of time comes to recognize that the three are distinct and separable: work is different from “making a living”, in that you can work for endless and tireless hours and yet not make enough wages to pay all of the bills; and whether you work long hours or not, and whether you can pay all of the debts incurred or have extra spending money at the end of each pay period, the “meaning” one derives from the work engaged is not necessarily attached to either the hours expended or the money earned.

For some, perhaps, meaning is never derived from the work itself, but merely from a recognition that the work is merely a means to an end — of performing tasks in order to earn enough wages to own a home, start a family and provide for a retirement, etc.  Or, for others, perhaps a deep-seated recognition is acceptable, that life itself is like the task that Sisyphus engaged in, and the toil of work is as the meaninglessness of rolling the boulder up another hill, only to see it roll back down again, and thus repetition allows for the futility of all tasks great or small.

One’s resolve and the will to impose meaningfulness in the face of alienation is a testament to man’s capacity to seek greater good.

For the Federal employee and U.S. Postal worker who suffers from a medical condition such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the need to continue to find “meaning” in striving often is closely tied to the progressively deteriorating aspect of one’s health.  When one’s health is at issue, “meaningfulness” of one’s work may come into question, precisely because one’s capacity to view employment as a means to another end itself becomes a struggle.

Filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, allows for one to reorient the priorities in life that should not be confused: Health, family, a sense of accomplishment, and somewhere in that mix, a career that may need to be changed, abandoned or otherwise modified because of one’s deteriorating health and the impact upon the meaningfulness of carrying on where to do so sacrifices one or more of the mixed priorities.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: Agencies and the Opium Den of Yore

They were dark caverns of gatherings; residual consequences of colonialism; and though denied in polite society, the lure of addictive aroma wafting ever pervasively brought men and women repeatedly to the doors which opened for the pleasurable moment of escape.  It was like going back, and staying, despite knowing the harm it did, would do, and could wrought, even with the knowledge of the harm portending.  But the residue of the sweet scent would remain, like an invisible thread tugging at the weakest corners of the soul, to return, return, return.

Life tends to do that; of drawing people back, and holding on despite knowing that it is not good for one; and perhaps that explains, in part, those who remain in abusive relationships and engage in self-harm and behavior of self-immolation.

For Federal employees and U.S. Postal workers who remain with the same agency, in the Federal sector or the U.S. Postal Service, knowing that continuation in the same job inflicts harm and continuing, contributing deterioration of one’s medical condition, the agency itself and the U.S. Postal Service becomes like the opium den or yore.  One returns, knowing that the abusive behavior of the entity will only continue to pervade with a constancy of greater aggression.

For Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the need to separate from the Federal Service or the U.S. Postal Service — like the addict who requires the sheer determination and willpower to stay away from the opium den — often remains the only solution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a planned escape route in order to (A) rehabilitate one’s medical condition and (B) secure an annuity in order to attain a semblance of financial security, both for now and for the future.  As such, any Federal or Postal employee who finds that a medical condition is impacting one’s ability to perform the essential elements of one’s job, and who sees the sign of future adverse actions on the part of the agency or the U.S. Postal Service, needs to consider the steps necessary to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

One need not be an addict of foregone years wandering through the streets searching for an opium den in order to engage in self-inflicting behavior; it may just be that one is merely a Federal or Postal employee engaging in similar behavior, and not fully realizing the options available.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Quiet Subtlety of Excellence

Failure blares like a discordant trumpet in a confined space with no exit; success flows like the quiet stream on the other side of the mountain, barely noticed.  In law, it is the appeal, and the written order issued therefrom, which receives the attention of the daily press.  Yet, if one pauses to consider:  The reason for the appeal, is the lack of success at the trial court level.

For Federal employees and U.S. Postal workers who suddenly find themselves the target of workplace hostility because of a medical condition which now prevents them from performing one or more of the essential elements of their job, it is often a surprise that they have become a focal point of interest.  The quietude enjoyed for so many years, in relative anonymity, is actually a reflection of one’s outstanding performance throughout the years.  It is because of the threat of departure — of the “failure” to continue to support the agency, or to provide ongoing efficient contribution to the U.S. Postal Service — that results in the sudden and unwanted attention.

Filing for OPM Disability Retirement benefits for the Federal employee or U.S. Postal worker who cannot perform all of the essential elements of one’s job anymore, is an option which must be considered precisely because of the limited alternatives offered or provided by the Federal agency or the U.S. Postal Service.  Health should always be the primary concern; maintenance of one’s health, the focal point of endeavor.

And just as importantly, to maintain that quiet subtlety of excellence in the next important step of one’s life — to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

All these many years, the Federal or Postal worker has dedicated him or herself to the excellence of combining career, family and personal relationships; when the time comes to attend to one’s own medical difficulties, it is important to maintain and continue that standard-setting record of accomplishments, by ensuring that one’s Federal OPM Disability Retirement claim reflects what has always been known all along, but has only received the murmurings of a muffled fanfare — that quiet subtlety of excellence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement (FERS & CSRS): Computational Intentionality

Presumptuous intentionality will lead to an assumption which ultimately undermines one’s own argument; and in every endeavor, a computational approach based upon a general algorithm of life’s experiences will often leave out key factors and essential elements.

The problem with one’s own medical condition is that the person who experiences it is one and the same as the person who must convey the experiential factor to others.  That is what is often termed an “epistemological privilege“, in that the subjectivity of the medical condition, the pain, the psychiatric disorder, the cognitive dysfunction, one’s inability to focus or concentrate, etc., is ultimately reserved to the confinement of the person relating the factors.

There are, of course, objective methodologies in determining the subjective experience, by testing, diagnostic applications, manifested physical symptoms, etc.; but pain and other self-experiential factors are, by their very definition, subjective in nature.  A computational intentionality will take the experience of one’s own pain, consider the length and volume of medical treatment and records amassed, and presume that the compendium of the whole will make for an effective OPM Disability Retirement application.

One hears it all the time: “Mine will not have a problem”; “I am sure you hear it all the time, but…”  What is heard “all the time” is not necessarily shouts from success; rather, the voices heard are more likely to be in response to dismay and disbelief, as it is a denial of a Federal Disability Retirement application which evokes the loudest sounds of discordant trumpets.

The information which is placed into a computer determines the quality of conclusions arrived at when a computational intentionality is formulated; what one does not know, and fails to include and assimilate, may in fact be the harmful error which defeats.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the compendium of evidence to be culled and calculated, then disseminated as an effective and persuasive presentation to the U.S. Office of Personnel Management, is not what standard government forms account for.  But that “forms” were the primary foundation of a Federal Disability Retirement, then all Federal Disability Retirements would be easily passed through.  But then again, if that were the case, Federal Disability Retirement would not be a benefit to be proven, but a right to be asserted.

Yes, Standard Forms are a “part” of the process, and so for FERS employees, SF 3107 and their sequential series must be included; for CSRS and CSRS-Offset employees, SF 2801 and their sequential series must accompany the Federal Disability Retirement packet; and for all Federal and Postal employees considering filing for Federal Disability Retirement benefits, SF 3112A, SF 3112B, SF 3112C, SF 3112D and SF 3112E must be filed as well.

But in the end, be fully cognizant that filing for Federal Disability Retirement benefits through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely based upon a computational intentionality of a mechanical nature; the “human element” is always pervasive and ever present, precisely because a medical condition itself is the ultimate revelation of the human condition, wrapped within the context of questions involving human frailty, empathy, sympathy, and the evocation of humanity within a universe of cold and mechanistic deliberations of silent computers.

And for those movie buffs, remember to pay homage to the HAL 9000.

Sincerely,

Robert R. McGill, Esquire