Federal Disability Retirement: The Statement, the Stranger and the How

Paper presentations are dangerous creatures; if read by a stranger, it lacks the context of familiarity, and therefore must include enough information and detail to lay the preparatory foundation for coherence and comprehensibility; when viewed by someone known, unwarranted inferences and implications may be extrapolated, where characters and references are alleged to be fictional representations of real people, events and encounters.

The stranger’s eye views without prior preconceptions; the familiar, with an overabundance of active input; thus is the balance between objectivity and subjectivity disproportionately out of synchronization.  Sometimes, however, the inverse can be also true, and problematic, where the narrator assumes too much, or too little; where an overabundance of irrelevant information is provided in an attempt to make up for an assumed lack of contextual understanding, and in the course of such infusion of irrelevancies, the core of the purposive elements of the narration is effectively undermined.

In a Federal Disability Retirement application, filed by the Federal employee or the U.S. Postal worker who is under FERS, CSRS or CSRS Offset, the Statement of Disability as prepared on SF 3112A, must be approached with care, relevance, curtailed overloading of information, and with a contextual understanding of the governing laws surrounding a Federal Disability Retirement application.

It is the U.S. Office of Personnel Management — an agency which knows not the applicant — which evaluates, reviews and decides upon the Federal or Postal worker filing for Medical Retirement benefits; and the statement delineated on SF 3112A must fully appreciate the fact that a stranger will be reviewing the Federal employee’s application for Federal Disability Retirement benefits; and, as such, how one approaches the entire administrative process, the extent of detailed information, any background to the medical conditions, the quantitative and qualitative essence of the narrative to be formulated — all must thoughtfully and with subtle provocation be employed in the tool of effective narration.

What happens in our lives as told to a stranger, and the response we receive in the form of an approval or a denial, will be determined by the Statement of Disability in SF 3112A, reviewed and decided by a Stranger at OPM, based upon how well we prove the Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

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

OPM Disability Retirement: The Paper Presentation and the Nuance of Language

Whether through illiteracy or the natural evolution of our language, it is becoming more difficult to convey meaning through the vehicle of language. Text messaging; grammatical irrelevance; lack of widespread rigor in linguistic disciplines; and the legal profession pushing to bend the outer limits of what language allows for — these are all contributing factors to the changing face of the English language.

Paper presentations present a peculiar problem, however, in that the words conveyed can be reviewed and re-reviewed multiple times by the reader.

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 strive for precision, clarity, and focus upon the centrality of the issue, and not to deviate too far from the essence of one’s narrative form.  Nuance may be effective in love letters; it is rarely of value in formulating a Federal Disability Retirement application.  The causal connection between one’s medical conditions and the essential elements of one’s duties must be firmly and clearly established.

There is no singular “technique” in putting together a Federal Disability Retirement application, other than to prove by a preponderance of the evidence that which is necessary in meeting the applicable legal criteria.  It is a genre in and of itself, requiring technical competence and expertise.  Not the time for a “hit or miss” approach; a paper presentation, with inherent problems of potential scrutiny, must be conveyed with conceptual constructs of clarity.

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

OPM Disability Retirement: The Client

Waiting for the approval/disapproval, the determination, the decision,etc., when the Federal Disability Retirement packet is sitting on OPM’s desk, is a passive modality of existence.  Up to that point, however, it is often a good idea to be actively involved in the process.

Whether having an Federal Disability Attorney or not, it is good to “flag” interim dates, to keep on top of how long it has been since the initial letters have been sent out to the doctors, to call the doctors and (diplomatically) ask for a reasonable time-frame within which to have the medical narrative reports written; to ask whether or not a fee is required to prepare the narrative report, and if so, how much, and if prepayment will expedite the report.

Then, once it arrives at the Agency H.R. people (or, in the case of the Postal Worker, the H.R. Shared Services Center in Greensboro, North Carolina), it is a good idea to periodically call (about every two weeks) to see what stage in the process your application is at.  Thereafter, once it is forwarded to the finance office, then on to Boyers, PA, it is a matter of waiting for the CSA number to be assigned, and then the long, arduous wait.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Lawyer