FERS Disability Retirement: Who, What, When, Where, How…

The basics of High School Journalism class provide the content of every good narrative in order to inform the reader of the “news of the day” — who is involved; what occurred; when it occurred; where the event occurred; how it impacts the community, the reader, the bystander, the spectator, etc.

A newspaper article is quite different from other forms of writing, for it is meant to inform the public, and the specific reader who purchases the newspaper, of “current events”.  More and more, local newspapers are being bought up by large corporate entities, and the very “local” nature of the newspaper becomes lost as a result.

There are, of course, different types of writings, such as novels, biographies, autobiographies, as well as subsets of genres — of “crime” novels, “romance” novels, and more recently, of the type which Truman Capote created in his “Nonfiction Novel”, In Cold Blood.

In the end, however, all narratives of every genre contain — in one form or another — the identifying content of Who, What, When, Where, How, and why; and preparing a Federal Disability Retirement under FERS is no different, albeit through the genre of the Standard Forms of the SF 3107 series and the SF 3112 series.

Who is the applicant; What medical conditions are being asserted; When did the onset of the medical condition preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job occur; Where does the Federal Disability Retirement applicant reside, and with What Agency?  How does the medical condition prevent the Federal employee or Postal Service worker from performing one or more of the basic elements of one’s Federal or Postal job?

And, while the reading may be rather dry and uninteresting for most, it must — like all narrative genres of every kind — be persuasive as to its core point of the plot.  To assist in making sure that your narrative in a FERS Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, becomes the next “best seller” by becoming approved by OPM, contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law.

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 Medical Retirement from the OPM: The Intersection of Hostility

Is the cart before the horse?  Which came first, the chicken or the egg?  Such idioms have their appropriate meaningfulness — as asking the question of sequence and priority in a given circumstance.

For a Federal or Postal employee who suffers from stress leading to other conditions — perhaps of depression, anxiety, panic attacks, etc. — the question involving the intersection of workplace hostility, or what is often termed as a “Hostile Workplace” — comes into the picture.  It is an issues which must be carefully addressed when the intersection involves preparing, formulating and filing for Federal Disability Retirement benefits under FERS.

Why?  Because a further legal issue — that of “situational disability” — can defeat a Federal Disability Retirement application under FERS.

Certainly, the intersection of hostility can and often does play a part in a Federal Disability Retirement application, but it should be characterized merely as a “trigger point”, and not the sole and exclusive basis of filing for Federal Disability Retirement benefits from the OPM.

How one formulates a Federal Disability Retirement case; the description of the intersection of hostility; whether one’s medical condition is “situational” or “all pervasive” — these should be considered by an OPM attorney who represents the Federal or Postal worker in a Federal Disability Retirement case under FERS.

Contact an attorney who specializes in Federal Disability Retirement Law, and do not put the cart before the horse, or argue that the egg came before the chicken, before consulting with a lawyer who specializes in Federal Disability Retirement Law.

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: Uncertainty, Hesitation, Trepidation

All three are nouns; they begin from an implication of a factual posit within an objective world, and slowly move towards the purely subjective universe with a human being’s psyche; and all three imply an encounter between the subjective and the objective, or between a person and the greater world.

The first refers to a state of being — of some conscious being acting in a manner which implies a lack of something; the second, an action implying a thought process within the acting individual; and the third, an emotion, a foreboding, a thought process of haunting causal consequences.  It is the encounter between the subjective and the objective which results in a lack of certainty, a state of being resulting in an action that robs the actor of confidence in moving forward, and a feeling that something is not quite right.

A Federal or Postal employee who suffers from a medical condition may experience all three nouns — of uncertainty for the future; of hesitation in knowing what to do; of trepidation in determining one’s future.

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, consult with an Federal Disability Attorney who specializes in Federal Disability Retirement Law and get rid of the uncertainty, wipe away the hesitation and set aside the trepidation concerning the entire process of filing for Federal Disability Retirement benefits.

It is, in the end, lack of knowledge which results in uncertainty, hesitation and trepidation.  Replace such nouns with certainty, confidence and action by seeking the counsel of a Federal Disability Retirement Lawyer today.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Lawyer

 

Filing for Federal Disability Retirement Benefits: Remakes

Some hate them and vow never to view or accept them in any way, being purists at heart and unable to fathom any possibility that improvement can be had upon an old classic; others — the opposite side of the coin — welcome anything new and will relish all updated versions where the old can be replaced by the new.  Still others remain in a somewhat “neutral” frame of mind: Acceptance in the form of saying to one’s self, “Well, any remake is merely a new and different movie; you can’t compare the two because they are different interpretations by different people.”  Or, perhaps a more moderated tonality: “Let’s just give it a chance.”

Can Jeff Bridges be any better than John Wayne as U.S. Marshal Rooster Cogburn?  Can any modern adaptation recapture the magic in Twin Peaks or improve upon its avant-garde approach?  Can there be a “better” Charlie than Diane Keaton in John le Carre’s The Little Drummer Girl — depicting the emotional turmoil of the Middle East conflict through the instability and confusion of a single person?

Modernity thinks that all previous generations have been lacking in something; perhaps it is just arrogance to think that a “remake” can be better than the original, or is it merely a lack of creativity because the “now” is unable to come up with its own original ideas, and therefore must rely upon that which has already been done once — or twice, or three times before — with an effort to “improve” upon it?

To some extent, it is an inevitability of life’s misgivings, and so we all have to “remake” ourselves at some point in our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the “remake” that must face is the one that is in real life: Medical conditions force one to remake one’s career, life choices and future plans.

Filing for Federal Disability Retirement benefits may not have been a “scene” in one’s life that was planned, but it has now become a necessity.  The movie reel within one’s life — the viewing of one’s future; how one sees one’s self; the “takes” that one shot of a career and a future — is forced to be remade when a medical condition hits one’s life.

Whether one wanted to or not, preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management becomes a necessity when a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  It is like “remaking” one’s life.

Just remember, however, that like all remakes, it is important to have a good “director”, and seeking the counsel of a Federal Disability Retirement Attorney who specializes in Federal Disability Retirement Law is an important feature of the upcoming film adaptation and remake of the truest of moves: One’s Own Life.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Formulating the argument

How does one formulate “the argument”?  Is it merely a reaction that comes naturally, like the person who has been tagged as one who is “constantly argumentative”?  Do all arguments need to provide a foundation of rational discourse — of coherence within an invective of counter-statements, and structure countermanding a deterioration of civility?

For example, when a person begins to answer the questions posed on SF 3112A, that is, the Applicant’s Statement of Disability, in preparing an effective Federal OPM Disability Retirement application under FERS — does one pause, consider the various answers that may be provided, and establish a methodology in proceeding to satisfy the question? Does the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits consider first the consequences of one’s answers, and do you weave throughout a thoughtful argument for an approval?  Or, should the “argument” be filed via a separate Legal Memorandum, pointing out the relevant laws, citing the statues and quoting from various cases that have previously addressed the issues posed?

Most people who file for FERS Medical Retirement through the U.S. Office of Personnel Management fail to consider the preemptive arguments that should be made within the answers to questions posed on SF 3112A, and thus are denied at the First Stage of the process because the applicant thought that a simple question asked required a similarly-simple answer as requested.

Then, of course, when the Initial Denial of a Federal Disability Retirement application is received through the mail, the Second Stage of the process — the “Reconsideration Stage” — merits further formulation of legal arguments.  At whatever “stage” you are at — whether at the First and Initial Stage; the second, “Reconsideration” Stage; or even at the Third Stage, an Appeal with the U.S. Merit Systems Protection Board — formulating a coherent, cogent and rational argument that persuades OPM to approve the Federal Disability Retirement application is an important component in a winning FERS Medical Retirement application.

Remember — to file for Federal Disability Retirement benefits is not like having an argument with a friend or spouse; it is an argument which must be based upon facts, evidence, and legal precedents, and to have the best “shot” at it requires the hand of an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

Federal Employee Medical Retirement: Evidence of Sincerity

We question it; contest it; challenge when necessary by bringing up counter-evidence that seems to undermine it; and we all act with outrage and become highly offended when our own underlying intent is questioned, as if everyone else in the world is suspiciously lacking of it with the exception of one’s self.

“Sincerity” is a funny animal, and evidence of it is like the bond between the wrong committed and the arena of court applied: preponderance of the evidence?  Clear and Convincing?  Or, Beyond a Reasonable Doubt?

The choice depends upon the gullibility of the beholder and the relationship between the teller and the believer; then, for some, a breach and violation of a single instance forever condemns without recourse of forgiveness.

What is the evidence of sincerity?  Is it merely words upon words, or must actions follow, and constancy and consistency of behavior?

Take the following hypothetical: Person X says that he will meet you for lunch at Time-T, at location Y, and so at Time-T, at location Y, you go and wait.  And wait.  Person X never show up.  A few days later, you see Person X and you remind him that there had been a luncheon agreement, and why didn’t you show up?

Example A: The person apologizes profusely and reveals that he/she became gravely ill and was taken to the hospital at that very moment, on that day, during the time of the luncheon date.  Example B: The person says: “Oh, I found something better to do,” and essentially casts you aside.  Example C: The person (who has a wide and well-known reputation for being “flighty”), explains: “Oh-my-gosh!  I completely forgot!  I really meant to be there but I just completely forgot about it!”

Obviously, most of us would respond to each with: Forgive persons A and C; be angry at B.  Why do we react like this?

Again, the obvious answer is: We presume sincerity on the part of A and C (though, as to C, we give some leeway for a reputation preceding the doing, and if we were unaware of that reputation, we might want to proceed by putting the person on a “probationary” status of wariness and suspicion for the next time); as to B, the person has explicitly reversed any semblance of sincerity, and has told us to essentially go fly a kite.

Now, change the hypotheticals slightly: As to A: We later discover that he was seen precisely at Time-X to have been out and about with another person, and was never in the hospital.  In other words, he lied.  And as to C: Whether “flighty” or not, the person never honors a commitment, and consistently makes promises but each time breaks them.  In other words, whether sincere at the time or not, that person can never be relied upon.

And as to the problematic B: We later learn that at that very Time-T, he was actually in the hospital caring for his dying spouse, but did not want to burden you with the long and tragic narrative of his personal trials, and furthermore, his reputation prior to the promise broken is so far out of character that it had left you scratching your head with befuddlement in the first place.

Who, out of these examples, ends up being the “sincere” person, and what is the evidence that changed your mind?

Evidence of sincerity is often a touchy subject, where reputation, reality and roles of engagement coalesce to provide the “full” picture.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that a Federal Disability Retirement application must be prepared for submission to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the evidence of sincerity is often important in assessing friends, coworkers and trusted individuals in the dissemination of sensitive medical information.

Appearance cannot always be trusted; reputation, perhaps; but in the end, the evidence of sincerity is often merely a gut instinct that tells you who to trust and why.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Of garbage, debris and leftovers

The first is that which we outright discard for loss of value or unrepentant conclusion of worth; the second, what remains after destruction or usage; the last, what is set aside or left behind for multiple reasons, including everything referred to in the first and second, as well as a sense that a loss of appetite resulted in security of its existence without any judgment upon the core of its essence.  Because of our own linguistic laziness, we tend to just lump them all together; but distinctions in language-games matter, and what we do with each, how we treat them, and when we act upon them, requires more than recognizing the subtlety of differentiation we may overlook.

We associate garbage with the smells of rot and decay, and set aside vast areas for landfills to bury and cover over in the remoteness of society’s outskirts, where in lands of impoverishment and suffering starvation, the outcasts of society gather just to pick at the best of the worst.  Of debris, the wealthier people and nations as a whole simply discard and start over, again.  Those who can ill-afford to simply begin anew, will often try and salvage what debris can be reconstituted, and attempt to rebuild lives destroyed and damaged from hurricanes, wildfires and tornadoes, or other such disasters pummeled by nature’s fury or man’s carelessness.

And for leftovers, it is appropriate that it should be the last in the tripartite of linguistic examinations.  For, it applies to foods, to various aggregations of detritus, and to human beings themselves.  Of entities inorganic or inert, they can represent the extra screw mistakenly inserted with the package received, or the cheap trinket purchased in a foreign land but unable to fit into the bulging suitcase and discarded under the unmade bed in the hotel room left unpaid.  Of foods and other organic matter, it is the lesson taught by an overbearing parent, where loggerheads with stubborn children evoke stories once heard and continue as mythologies which – like unicorns and 3-ring circuses, never quite match the smell-test of reality – propagate like mice in the basement of dank and darkness, where the utterance, “When I was your age, what you leave as leftovers used to be the main course!” was but a boast echoing with hollow discourse upon ears deaf with such trite admonitions.  But the more serious manner of the meaning is reflected by the human cost of how we treat one another.  For, it is the “leftovers” of society which we forget about in the teaching lessons of wealth and abundance.

For Federal employees and U.S. Postal workers who are shunned aside because of 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 positional duties, the conceptual construct of what is a “leftover” is a poignant reminder of what once was, of what can still be, and a hint of hope for a future without the harassment, intimidation and constant barrage of aggressive threats propounded without concern for consequences. For, it is the lesson of the leftover which we should all bear in mind.

As any reference in this day and age of a “Biblical” concept is immediately dismissed and ignored – (remember?  Of how treating the “least” is tantamount to re-crucifying at each turn?) – we must therefore embrace the lessons of our own childhoods.  For, in the end, the Federal employee and U.S. Postal worker must make a decision of self-worth, and decide whether or not it is of any value to be treated as the vegetables untouched or the morsels undisturbed; or, perhaps, to “move on” and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, and become again the “main meal” as the lesson taught once recognized, in this universe where garbage, debris and leftovers are treated all in the same manner and upon the same plate of empty promises.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: What we believe

Belief is a funny animal.  So long as what one believes is never uttered, one can change them from day to day, or even from one hour to the next, without consequences attached.  Of course, you can do that, anyway, and many do in this day and age.  Once spoken, however, a belief takes on the figurine of a furnace-fired ceramic piece; to change is safe only in engaging the linguistic language-game with those who never heard of the belief, but there is a danger that such third parties could report back to the first party to whom the belief was conveyed.  Then, of course, there is the potential charge of hypocrisy.

On the other hand, there is always the disarming disavowal that it was all merely a “misunderstanding”, or perhaps that the other person didn’t get the “nuance” of the utterance; or the catch-all detachment:  “I was joking”.  Facts, of course, can alter beliefs, and that is supposedly acceptable because one has evolved through maturation of knowledge (unless, of course, you are running for political office, in which case you are reserved the allowable space to maintain the cognitive bifurcation like a schizophrenic, concurrently holding a “private belief” while concomitantly stating a “public stance” on certain sensitive issues).

Further, beliefs can become transformed via genetic, life-stage or “aha”-moments; the first because of some recognition that the wired-DNA that constitutes the “real” self has finally been revealed; the second, because there are recognized stages of living – of those prepubescent years, of middle-aged crisis and menopausal breakdowns, or in the end, just because a spouse and his or her lifetime commitment “grew apart”; and the third, by religious conversion and the “road to Damascus” experiences which allegedly justify a transcendent transformation.

In many ways, they are like opinions, though purportedly of a higher order.  Of opinions, it is often said that we all have them – of no greater consequence than the urgency to utilize the bathroom, with the latter having greater significance than the former; but of beliefs, they were once contingent upon study, reflection, coherence and rational methodology.  Somehow, in the linear progression of Darwinian evolution, the higher order of thought processes lost its way, and the meandering of human folly became the prominence of epic conundrums.

We have come to a point in human history where, what we believe is of an irrelevancy based upon our lost hope in discarding reverence.  For, the “what” must have a prefatory methodology, and that foundation was the reverence for creation.  We no longer believe “in” anything, because we no longer have any faith in anything of consequence.  Without awe, the human factor of hope, and therefore of belief, becomes a vacuity of thoughtlessness.  As all of creation is constituted by material equivalence, so our beliefs are of no greater worth than the gaseous ethereality emitted from the guy sitting on the next stool.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may necessitate filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the loss of belief is an important factor to recognize – for, the one saving constancy throughout is that there still remain “laws” which people, agencies and even the U.S. Postal Service must abide by.

Adherence to the law is often the only saving grace in the craziness of this world, and knowing it, applying it and arguing it in meeting the preponderance of the evidence test, is the best way to avoid that catch-all dismissive, that it is all merely “your opinion” as opposed to “my belief”, when in fact pointing out the precedential case-law and arguing the statutory basis is precisely what is needed to get beyond the irreverent assertion of that which we believe.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: “The Work Of 10 People”

We have all heard the boast:  “I do more work in an hour than most people do in a week”; “I earn the wages of 10 people before breakfast”; “I do twice the work for half the pay”; and on and on.  The plain fact is that each individual, no matter the self-interested tropes of inane contradictions, performs the quantitative and qualitative labor of that singular effort, and no more.

Some may meet greater production quotas; others may appear to make significantly faster headway into concluding projects and assignments; but the boast of self-worth is nothing more than a comparative analysis which ultimately fails when proper relative proportionality is conducted; there are always others whom you have not met, hardly know, or will likely never encounter, whose competence outshines the vast and endless ego of your own self-assessment.

Where does such self-delusion originate?  And are there more such self-assurances in modernity than times of yore, when the steady hand of methodical progression marked the greater component of accomplishment than the technological rapidity of keyboard firing squads?  Or, of that other boast that one’s work has already been completed an hour into a workday, while others move in segments of slow motion, like a reel of film stuck in the ink spot of eternal delay?  What ever happened to the idea of a team effort, a communal approach, or even of a collective combine of aggregate accomplishments, where personal valor and individual recognition is sacrificed for the greater whole?

In modernity, in this millennial, during these self-aggrandized times, the focus of vulnerability is based upon an egocentric mirror of reflective selfishness.  As one has been taught throughout grammar school and higher education that the war hero is merely likened to a sports hero, where the term “courage” is another fungible word that can be applied as much to the battlefield as to a spectator sport of button-pushing, so the worth of an individual is relatively compared to a production quota, like mere means to the end of a drama.

In the administrative law of Federal Disability Retirement, that sense of worth is greatly diminished and deliberatively demeaned by the hostile attitude towards a Federal or Postal employee with a medical condition.  Don’t think that the years of productive accomplishments touted previously will mean a farthing’s worth of reserved good will; it means nothing.  What is done today and promised tomorrow are the two components of meaningful discourse; any delay or doubt evinced by one’s medical condition, is but a red-light indicator for termination or administrative sanctions.

For Federal and Postal employees who can no longer perform one or more of the essential elements of one’s positional duties, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is indeed a means to an end – to escape the growing boast of that Supervisor or Manager who believes that the Federal or Postal employee who suffers from a medical condition is the same one who hinders by being an obstacle of existence for doing the work of 10 people, when in fact he or she is merely one of a greater collective effort, nor more than the worth of the dismissive “you”.

Sincerely,

Robert R. McGill, Esquire