Tag Archives: anticipatory planning in the fers disability process

OPM Medical Retirement: Insularity of Silence

It is of comfort when needed; like a cocoon, or perhaps the desire of reverting back to a womb-like existence; and in times of sorrow, the need to be left alone.

Silence is often uncomfortable for many; in this world of endless cacophony, where noise is the necessity of Heidegger’s suspicion that we work, play and engage in hobbies merely to avoid the reality of our existence, of eventual mortality and the thought of nothingness; and of the constant clatter of social media, of being “connected” — in the midst of it all, insularity of silence is often a welcomed respite.

One only has to stay a night in a rural part of this country to realize the pervasive pollution of lights, sounds and — noises.  Lights can often give some comfort, for to “see” is the prevailing basis of a sense of safety.  Sounds, too, when they are familiar, create an invisible network of familiarity, and thus appease our fears.

Noise — that clatter of unfamiliarity, jumbled together — is what we often need escaping from.  Sometimes, silence itself is a comfort, and the insularity it provides can be the blanket of warmth we require.  For, are we organically organized to receive a constant and incessant barrage of metallic clanking?

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, the insularity of silence often becomes a detriment, only because being silent and “bucking up” each day and working without complaining is often what OPM will argue as the basis of a denial.

If your Agency says you are doing a good job even though you are killing yourself in keeping up with your duties, the U.S. Office of Personnel Management will use that as evidence that you are not disabled “enough” to qualify for Federal Disability Retirement benefits under FERS.

Contact an OPM Medical Retirement Attorney to discuss how to counter such inane arguments, and see whether or not the insularity of silence which you continue to cloak yourself in is helpful, or harmful, to your Federal 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.

 

Postal & Federal Employee Disability Retirement: The Theme

Every story has a theme.  It is the topic, the “subject”, or just an idea — that recurs throughout the narrative.  For David Copperfield, perhaps it was the constant struggle between ignorance and knowledge; for Salinger’s Catcher in the Rye, maybe the phoniness of the life we lead in contrast to the author’s personally horrific experiences during WWII.

Every person’s life has a them; most of us, unfortunately, fail to recognize it, and it is this very failure which often leads to the repeated mistakes made throughout.

The story of one’s Federal Disability Retirement application should have a theme — one which is woven throughout one’s narrative in a Federal Disability Retirement application, especially in the Applicant’s Statement of Disability as delineated on SF 3112A.  Beset with dealing with the medical issues themselves, the Federal or Postal worker will often fail to recognize the theme — perhaps it is one of constant struggle for the past year; or, the progressive deteriorating as reflected in the medical notations here and there.

Whatever the theme of one’s story, a FERS expert in Federal Disability Retirement Law will be able to squeeze from the quietude of one’s story, the theme which overrides and pervades throughout.  Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin to formulate your theme which will persuade OPM of the validity, poignancy and necessity of your Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: Those Glazed Eyes

We all engage in the act; of sitting or standing but not seeing beyond the bridge of our nose; of being lost in thought, perhaps in a daydream, or for a particularly difficult project that one is focused upon.  We even do it while driving, and when we arrive at our destination, we suddenly awaken and reflect: “Gee, how did I ever get here?  I don’t even remember stopping at any red lights or at any stop signs.”

The capacity for insularity within a private world is a condition of human existence that is particularly unique to the species, and likely within the species.  Is it of evolutionary advantage to “become lost in thought”, or is it a danger — an anomaly — counterproductive to our survival instincts?

If a vulnerable animal out in “the wilds” were to stand at a watering hole and — instead of being fully alert and aware of its surroundings, acutely sensitive to every movement of potential dangers lurking about — becomes lost in its “thoughts” (whatever form that would take — with or without language), would such a species last for long?

Did language, coupled with the skill of reading, writing and performing intellectual exercises, contribute to our capacity for thought, thoughtfulness and insularity of cognitive processes?  What makes us seek the refuge of our hidden soliloquies?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, it may be time to consider filing for Federal Disability Retirement benefits.

If those “glazed eyes” are becoming more frequent because the world of insularity has become preferable to the world about because of the constant and persistent harassment imposed by the Agency or the Postal Service, it is well past time to consult with an attorney who specializes in FERS Disability Retirement Law.

There are times to “think” and times to “act”, and for the Federal or Postal employee whose medical conditions have now impacted one’s career, it is that time now — to act, by consulting with an experienced lawyer who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM FERS Disability Retirement: Coordination of Elements

There is no question about it: It is a complex process.

Administratively, it must be passed through multiple levels of agency review in order to get a completed packet — the Supervisor’s Statement (SF 3112B); Agency’s Efforts for Reassignment and Accommodation (SF 3112D); effectively answering the Applicant’s Statement of Disability such that it provides the proper nexus between each of the questions on SF 3112A — for, although it may not be so obvious, the questions must both be answered separately as well as viewed in the totality of each as being a component fitting in with each other, in order to answer it to completion.

Then, there is the coordination of internal and external elements, and the intersecting impact within and without — of a medical report effectively prepared and consistent with the history of treatment modalities; of a nexus persuasively argued establishing the connective impact between the medical condition and the essential elements of the Federal or Postal job elements; and the interconnectedness of essential elements to the physical or cognitive inability to perform one or more of the essential elements, etc.

Throughout the process — whether for a denial and a rebuttal response at the Reconsideration Stage, or at the initial preparation stage in the First Stage; or, even of an appeal to the U.S. Merit Systems Protection Board — the coordination of elements is important in preparing, formulating and filing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management.  Consult with an attorney who specializes in FERS Disability Retirement Law in order to more effectively establish the coordination of elements.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement for FERS Employees: Future Planning

Planning itself, of course, by definition necessarily involves the future, but fails to delineate the span or the nature.  A life involving strictly the present and nothing of the future is considered reactionary.  Animals appear to live in this manner: of sleeping when tired; eating when the food appears magically in a bowl and placed upon the floor; and going outside when either the need arises or the master begins to bounce a ball for no other reason than to throw it afar with an expectation that the dog will go and chase it.

An unplanned meal is often disastrous and the option availed will normally be the default position: a carry-out.  One cannot without thoughtfulness go through the day until, sometime around 6 or 7 in the evening, suddenly perk up and say, “Well, what shall we have for dinner” — and expect a three-course meal to suddenly appear, unless you are of the wealthy-class and pay for a chef somewhere in the south wing of your mansion.  Or, again, the default position for an unplanned future is to engage the convenient route: to access the services of others.  Thus: if you don’t have a butler or a chef, then a carry-out from a nearby restaurant may be the best next thing.

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, future planning beyond the next hour may be a necessary mindset in order to successfully maneuver through the bureaucratic morass of the administrative procedures encapsulating and controlling the multiple stages of the process.

Part of that planning should involve a consultation with an Federal Disability Attorney who specializes in FERS Law.  Future planning involves actual planning; and it is the “planning” part that secures the stability of one’s future.

Sincerely,

Robert R. McGill, Esquire