Federal Medical Disability Retirement: Of Life’s Bindings

What is it that binds us to life?  We are well aware of those things which unbind us — loss of family and friends; major changes; upheavals; divorce; medical conditions.  The things which unbind us from life are those which create havoc, extend joylessness beyond mere momentary emotions, etc.

The things which bind us to life are those events, encounters and elements which enliven us, reinvigorate our spirits, and compel us to a level of energy which declares to the world, “I am alive. I want to contribute.”

Of life’s bindings: Helping young people to find their bindings of life; Of learning how to maneuver through the maze of complexities and challenges which daily living brings to the fore; Of having a special relationship with others; Of having a loyal dog beside you; Of work which is satisfying, and of which you are competent and successful; of health.

The last of these are often taken for granted; yet, it is always the first on one’s list of life’s bindings when it begins to fail.

For Federal employees and U.S. Postal workers whose health is beginning to fail, and where the failure of health impacts one’s ability and capacity to continue in the career of a Federal or Postal employee, the time to consider preparing an effective Federal Disability Retirement application for submission under FERS to the U.S. Office of Personnel Management is — now.

Don’t wait until the primary basis of all other of life’s bindings begins to fail — of one’s health — where the dominos begin to fall and knock down all other of life’s bindings.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Law: The Call Not Made

The call not made is the one regretted; for, it was the proverbial fork in the road, the turning point, the next corner, the event which could have unfolded unexpectedly to change one’s life.  Perhaps it was the follow-up not followed after a chance meeting with someone who might have become your life partner; a potential employer; a message left by a friend-of-a-friend; a distant relation whom you barely knew, but reached out for a reason left unclear.

The call not made is the one which you thought you could avoid, brush off, ignore, leave aside; but it is often the one which could have made a difference — if not in your own life, but in some other’s.

For Federal employees and U.S. Postal workers who have been delaying the call not made — to a lawyer who specializes in Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS — it is often because the potential caller knows, in one’s “heart-of-hearts”, that it is an inevitable call, and the one which is being delayed for fear of the change itself.  But change should never be feared, and ultimately the decision of change itself is an option that only you can determine.

The call itself will merely open up the possibility for future change, whereas the call not made forecloses it, sometimes forever.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and make that call not made — yet.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal and Postal Disability Retirement: How We See Ourselves

Is it ever static?  Does it evolve over time?  Are there individuals who never see a changed self while others believe in a rapidly-changing river on a daily basis?  Is the world comprised of the two “camps” of thoughts, sort of like the old Greek philosophers, Heraclitus and Parmenides?  Is there a successful approach in living — of “mind over matter” — which actually makes a difference?

If we see ourselves as a “failure” despite every objective evidence to the contrary — honors abounding, accolades showered, achievements attained, wealth garnered — does it make it so?

Then, of course, there are objective criteria — and in a Federal Disability Retirement case, it is important not only in conveying the subjective pain and interior psychological roadblocks which prevent a Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, but to combine them with the objective evidence in presenting the full picture of one’s disabling medical conditions.

How we see ourselves is important in a Federal Disability Retirement case; but, moreover, how one’s doctor sees you may be the crucial juncture in attaining a successful outcome in an OPM Disability Retirement case.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement: Unique Circumstances

They arise when the isolation becomes all the more magnified; and they close upon you and make you believe that you are alone in the world.  Each circumstance, by definition, is a unique one: Unique because all previous such circumstances never involved you; unique because the time and place never encompassed you; unique because it has happened to you, as opposed to someone else.

When a medical condition is involved, you somehow know that others have also suffered from similarly illnesses, disabilities or diseases (unless it is the Corona Virus — which, again, is not so much “unique” as it is a different strain from other viruses which has infected the greater universe), and yet the isolation it imposes, the sense of “separateness” it necessitates, makes it profoundly unique.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, just remember that —yes, your condition is unique; but that no, the process of filing for Federal Disability Retirement benefits under FERS is not unique to your particular circumstances; rather, it needs the guidance and advice of a Federal Disability Lawyer who is experienced in taking your unique circumstances and applying it to the complex administrative process of obtain a Federal Disability Retirement.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin to conform your unique circumstances to the particularity of Federal Disability Retirement Law that governs the unique circumstances and turns it into an ordinary annuity to protect your important future.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Consider the Alternatives

In making any decision, it is always important that one consider the alternatives available.  It is the decision made in isolation — of contending with thoughts, fears and misinformation within a vacuum of not knowing — that often results in disastrous decisions made without consulting and considering the alternatives available.

For Federal employees and U.S. Postal workers who suffer from a medical condition where that medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the choices are often stark and clear: Stay at a job or career which is no longer sustainable, and where the Agency will increasingly harass and punitively initiate actions in an effort to remove you; resign and walk away with nothing; or, in the best alternative available, file for Federal Disability Retirement benefits under FERS.

Sometimes, of course, the “unexpected” alternative can occur: For example, a person who has filed for FERS Disability Retirement benefits is offered a reassignment that is both acceptable and accommodating to one’s medical condition, and continuation in the Federal Workforce is thus possible.  In most instances, however, filing for Federal Disability Retirement benefits is “The” alternative, and the only viable one available, but even such an alternative must be considered carefully in light of the existing laws, the potentiality for problems to be encountered, and the resistance met by the U.S. Office of Personnel Management for the multiple and varied reasons that OPM bases its denials upon.

Considering the alternatives is not just a matter of whether and when to file, but to be cognizant of the difficulties ahead in preparing, formulating and filing an effective Federal Disability Retirement application with OPM; and in order to do that, you should consult with an attorney who specializes in Federal Disability Retirement Law under FERS, through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Hunt for Nirvana

The initial question is: Is there even such a state?  That would, of course, preemptively undermine the very “hunt” for it, precisely because it would be an act of futility.  On the other hand, don’t most of us chase after chimeras of various sorts — whether of fame, wealth, lost loves or repressed daydreams?  So, why not hunt after the paradigm of paragon-like virtues — a state of release, of a transcendent experience devoid of self, suffering and selfish self-centeredness; or, as some might say, of a death-like state in living form.  Many would not even have a desire for such a state.

The amalgamation of we “think” is the state of Nirvana is probably quite different from the actual concept as attained or sought after by those who profess a belief in it.  It is the complete loss of self; of a state where one’s ego no longer exists, and with its disappearance, both sides of the human “coin” are also transcended: pleasure and pain.  One cannot go through life without its opposite and corollary: If you are capable of experiencing pleasure, then you are open to feeling pain, just as the person who can have happiness must by necessity tolerate sadness.  It is, unfortunately, part of being what it means to be “human”, and it is an act of futility if you try and expunge one while attempting to retain the other.  It is simply not possible.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is likely time to consult with a FERS Attorney who specializes in Federal Disability Retirement Law.  Preparing an effective Federal Disability Retirement application under FERS is not a hunt for Nirvana; no, not even close.  In fact, it is another bureaucratic morass which can be a pain in the proverbial behind, and is a long and complex administrative process which makes the hunt for Nirvana like a pleasurable vacation in comparison.

Consult with an experienced attorney who specializes and knows about Federal Disability Retirement Law, and leave the hunt for Nirvana to those who like to trek through the Himalayan mountains.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from the Office of Personnel Management: SF 3112C

As a “government form” it purports to provide guidance in general terms, and it is doubtful that the lack of clarity as to its purpose or utility will assist the medical professional into writing an effective report.

The plain fact is that SF 3112C is a confusing form — confusing both to the doctor or Nurse Practitioner who is presented with it, as well as to the FERS Applicant who is attempting to prepare an effective OPM Disability Retirement application.  It refers to a “position description” being attached, but fails to provide the necessary explanatory nexus between the PD and the medical opinion sought.

What part of the position description should be focused upon?  Is it the entirety of the PD, portions of it, or just the “essential elements”?  Is it relevant whether a person can work part-time, full time, or an erratic combination of both depending upon the severity of symptoms that may arise periodically?  Is SF 3112C meant to confuse, or like so many “government forms”, is the language inevitably misleading because it is (A) meant to be that way, (B) unintentionally written in an unclear manner or (C) is meant to be wholly unhelpful because OPM doesn’t want to go out of its way to help the Federal Disability Retirement applicant?  Must the SF 3112C, the “Physician’s Statement”, be used at all?

If you are still working with the Federal Agency or on the rolls of the Postal Service, or at least not separated for more than thirty one (31) days, must the prepared physician’s statement be sent directly to your H.R. Office without first being reviewed and validated by the applicant?  The form itself certainly makes it appear so, but is that really the case?

In the end, the applicant who is preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must make some initial and important determinations concerning the substance and content of the application itself.

Forms are tricky; the laws that oversee them, often vague; but if you are relying upon instructions written and formulated by the very government agency that will be making a determination on your application, you may want to first consult with an attorney who specializes in the very law that governs Federal Disability Retirement, before you begin “filling” out forms or having your doctor fill one out.

Sincerely,

Robert R. McGill, Esquire