OPM Retirement Benefits for Disabled Employees: Discovering the natural teleology

It is for that function or use in society that we strive in our early years; while some may argue that the extrinsic relationship between career and one’s natural abilities make for an artificial coalescence of man-to-meaning, nevertheless, the adaptation to societal needs results in the correspondence between man’s inherent want and the contribution to a greater good.

But what happens when, later in life, the fusion of ability with societal need is abandoned?  What if work no longer can be performed, goals cannot be met, and wants cannot be fulfilled?  We are in a phase where we preach to our children that they should find a career in which natural talents are utilized, where inner satisfaction is achieved, and a sense of accomplishment is fulfilled.

A generation or so ago, we merely thanked society for offering a decent wage and a higher standard of living.  Then, something went awry — the gap between the worker and management became a wider chasm of discontent; magazines and video clips revealed the limitless narcissism of wealth and unfettered greed; and mediocrity of talentless actors revealed that even they, too, can achieve stardom despite lack of any appreciable achievement.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing the pathway of a chosen career with the Federal agency or the U.S. Postal Service, the separation from one’s work and position may take an unspoken toll — not just because of the medical condition, but further, as a result of losing the natural teleology the Federal or Postal worker had striven so strenuously to achieve.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERS, CSRS or CSRS Offset, is never an easy road.

Others may believe that securing an annuity because of one’s inability to perform one or more of the essential elements of one’s Federal or Postal positional duties is tantamount to winning a lottery of sorts, but the reality is that most Federal or Postal employees who file for OPM Disability Retirement benefits, if given the choice, would forego the benefit if the medical condition would resolve itself and health would dictate the course of one’s future and fate, and not its corollary, of illness and a chronic medical condition.

Throughout youth, one always strove to discover the natural teleology for value and place in society; when that essence of human need is suddenly lost or severed, it is time to reignite that loss of self, and to prepare an effective Federal Disability Retirement application in order to enter into the next stage of life’s arena of meaning, value and worth.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Representation Is Not Limited

When calls of a repetitive nature occur, it is time to provide some clarification.  Often, from the very nature of a question, it becomes clear that some extent of confusion or puzzlement underlies the very question itself.

For “Federal matters” — i.e., in cases where representation by an attorney occurs before a Federal administrative body, such as the U.S. Office of Personnel Management in Washington, D.C., which is the Federal Agency which receives, evaluates, and determines all Federal Disability Retirement applications for Federal and Postal employees who are under FERS or CSRS — the attorney who represents the Federal or Postal employee can be licensed from a state which is different from the state in which the Federal or Postal employee resides.

This is why it is not necessary for the Federal or Postal employee who lives in, for example, the State of Arizona, to be represented by an attorney licensed in Arizona, for representation before the Office of Personnel Management.  Indeed, because Federal Disability Retirement Law is a very particularized field, it may simply be impractical to find a “local” attorney to represent the Federal or Postal employee in the very state in which the Federal or Postal employee resides.

Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a Federal issue, not a State issue, and as such, national representation is accordingly performed by those who engage in such practice of law.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Service Deficiency & Medical Condition

The Office of Personnel Management will often use as a criteria of denial the argument/basis that despite the fact that an individual may have a medical condition such that the medical documentation states that the Federal or Postal worker can no longer perform one or more of the essential elements of one’s job, nevertheless, there has not been a showing that a “service deficiency” has occurred.  Often, agencies systematically write up performance appraisals without much thought or consideration; more often, Federal and Postal workers quietly suffer through his or her medical condition, and strive each day to meet the requirements of their duties. 

Whatever the reason for the lack of attention or perception on the part of the supervisor or the agency to recognize that the Federal or Postal worker has not been able to perform one or more of the essential elements of one’s job, such basis for a denial of a disability retirement application by the Office of Personnel Management is not a legitimate one, because existence of a “service deficiency” is not the whole story:  if it is found that retention in the job is “inconsistent” with the type of medical condition the Federal or Postal Worker has, then such a finding would “trump” the lack of any service deficiency.  That is not something, however, that the Office of Personnel Management is likely to tell you as they deny your disability retirement application.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Standard Forms Do Not Mean “Standard Responses”

The problem with “Standard Forms” is that they often appear to solicit “standard responses”, and in a Federal Disability Retirement case under the Federal Employees Retirement Systems (FERS) or the Civil Service Retirement System (CSRS), nothing could be further from the truth.  Indeed, it is often because a Federal or Postal employee/applicant who confronts and begins to fill out SF 3112A, Applicant’s Statement of Disability, the very “blocked” appearance of the form, and the constricting questions themselves, makes it appear as if a “standard response” is required.  Don’t be fooled.

By way of example, take a “special animal” — that of a Federal Aviation Administration Air Traffic Controller who must take a disqualifying medication, loses his or her medical certification from the Flight Surgeon, and thinks that filing for Federal Disability Retirement benefits is a “slam dunk”.  Nothing could be further from the truth.  Or, a Customs & Border Patrol Agent who goes out on stress leave, or suffers from chronic back pain.  Are there “standard responses” in filling out an Applicant’s Statement of Disability?  There are certain standard “elements” which should be considered in responding to the questions, but don’t be constricted by an appearance of “standard responses” to a “standard form”.

Sincerely,

Robert R. McGill, Esquire