FERS Medical Disability Retirement: Health at What Price

Everything has a price to pay — whether in terms of monetary value, or by some other quantification, by terms of labor, effort expended, a return of some negligible cost, etc.  In a capitalistic society, we tend to think always in terms of bartered values — is doing X “worthwhile”?  Does buying Y give me the best value for the money expended?

Then, there are times when no amount of money can “make up” for the experience or phenomena, as in precious moments with your kids, the expensive but “once-in-a-lifetime” trip to Rome; or even to a restaurant to celebrate an event.

In this country, where money determines status, accessibility and opportunity to an exponential degree, the language of price, value and bartering of commodities is diffusely peppered throughout our cognitive dictionaries.  Does everything have a price?  Can anything be bought, bartered and traded for?  Can you put a pice on your health?

For Federal employees and Postal Workers who suffer from a illness or disability such that this particular illness or disability prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal job, the issue of health — the deterioration, the chronic and progressive symptoms involved — is often tied closely to whether continuing to work at the Federal or Postal job further exacerbates the decline of your health.

When that point comes — of that critical juncture where continuation in the job adds to the decline of your health — then it is time to ask the question, My health at what price?

And when you arrive at that critical juncture, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider that important question, Health at What Price?

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: President’s Day 2022

There have been many of them.  Originally, this holiday was meant to commemorate and recognize our “first” — George Washington, born on February 22, 1732.  It is a habit for nations to acknowledge “firsts”, as well, we do so in our personal lives.  The “first step” of a toddler; the first day of class; the first kiss; the first time-X; and many more, besides.

More recently, the day has come to recognize all of our presidents, good, bad or indifferent.  In modernity, it has come to be a contentious point of conflict: From whether we should celebrate the life of a slave owner, to why we should give recognition to those presidents considered as less than honorable — the spectrum of opinions on the matter remains vociferous and vibrant.

For a democracy (yes, yes, we can quibble as to the difference without a distinction in contrast to a “Constitutional Republic”), perhaps that is a healthy matter, for the raging debate and intellectual discourse is always a positive characteristic reflecting involved citizens.  Regardless, let’s take the day for what it is worth, and enjoy the time remaining in each of our lives by pausing to reflect in these difficult times.

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 Disability Retirement: The Inevitable Constancy of Change

Change is a constant.  If you have lived long enough, the slow and incremental changes all around us — in the political sphere; employment; personal lives; the inevitability becomes palpable, and sometimes of concern.

Seasons change (unless, perhaps, you are in Florida); but the cyclical rhythm of returning to warmth after a long spell of Winter’s dread is a welcomed change.  When change becomes a forethought to dread, there is an inkling that something is wrong.

There are obviously changes for the good: Of new friends or family members (excepting the visiting uncle who arrives unannounced and expects to stay for a few weeks which turns into months); a child or a grandchild; of newfound wealth; of good luck suddenly encountered, etc.  Then, of course, the changes which undermine and impact with negative results: Loss of any kind; a sudden death; a medical condition.

For Federal employees and U.S. Postal workers who suffer from a medical condition as a result of the inevitable constancy of change, contact a FERS Attorney who specializes in Federal Disability Retirement Law, and consider whether or not the change to becoming a retiree might not be the best response to the change resulting from a medical condition.

For, if change is an inevitable constancy, why not turn the bad into a good, and render unto the inevitability the rhythmic cycle of a season yet to be, of a greater preference than the static state of now?

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 Employee Medical Retirement: “What Happens If…”

It is the prefatory words to a long list of potential queries, and such questions can only be answered by an experienced lawyer who has been well versed in Federal Disability Retirement Law.  That is part of the reason why you hire an attorney who has practiced exclusively in the area of Federal Disability Retirement Law and has tangled with the U.S. Office of Personnel Management on multiple and varied issues over the years.

What happens if you get fired during the process?”  “What happens to your TSP and Health Insurance?”  “What happens if you get denied the first time?”

Of course, the “What happens if” questions are merely a minor subset of multiple other forms, such as the “Can you —” or “Is there —”, and countless other forms of queries.  To be able to answer them all — or most of them — would require a Federal Disability Attorney who has practiced for many, many years.

Contact an OPM Disability Attorney who has specialized in Federal Disability Retirement Law for those many years, and who can satisfy the yearning for answers to questions which began with the curiosity of a child in wonderment and awe, and ended up as a Federal or Postal employee needing assistance in a universe that turned out to include the U.S. Office of Personnel Management, with all of its bureaucratic and administrative complexities.

Sincerely,

Robert R. McGill, Esquire

 

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

 

Federal & Postal Worker Disability Retirement: Form-filling

There are the two sets of Standard Forms in a Federal Disability Retirement Application: The SF 3107 series, and the SF 3112 series.  Both are necessary in order to file for Federal Disability Retirement benefits.  The first set (SF 3107) merely requests basic information throughout the multiple pages — i.e., name, address, organization, date of birth, social security number, questions on life & health insurance, etc., as well as certifying the summary of your entire federal service, etc.

It is the second set of forms (SF 3112) which is specifically pertinent to the Federal Disability Retirement process — questions involving your medical conditions (beware of what and how to list them); what impact the medical conditions have upon the Federal or Postal job that you do (the need for establishing a “nexus” between the two); as well as any accommodation efforts provided by your agency (know what the term “accommodation” as a legally viable attempt constitutes, for many people are confused about the issue).

Ultimately, Federal Disability Retirement is far more than mere form-filling; for, most anyone can fill out the first set of forms (SF 3107 series); it is the second set (SF 3112 series) which inherently sets out the basis of a viable Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

OWCP & FERS Disability Retirement for Federal and Postal Employees

Can both be approved concurrently?  Is there any disadvantage in filing for one “as opposed” to another?  Do they “cross over” and impact one another?  Can you receive payments concurrently, or must you choose one over the other and, if one is chosen, does it “negate” or otherwise dismiss the other?

These are all practical questions which can come about if an injury or illness results from a workplace incident or caused by an occupational hazard.  First and foremost, it should be noted that the two “pockets” of compensatory resources are different in nature: OWCP is not a retirement system; OPM Disability Retirement is. OWCP is a compensatory resource created and established as a temporary measure (although there are many, many cases where an OWCP recipient stays on and receives compensation for decades and beyond) — as a means of allowing the Federal worker to receive treatment, recuperation and rehabilitation, with a view towards an eventual return to work.

The paradigm of a FERS Federal Disability Retirement, on the other hand, is just that: It is a retirement system — essentially, starting your retirement “early” because of a medical condition or injury resulting in one’s loss of capacity to continue to perform one or more of the essential elements of one’s Federal or Postal job.  The latter (FERS Disability Retirement) does not have to possess any causal connection to the employment itself — in other words, the medical condition or injury does not have to be “occupationally related” in order for a Federal or Postal worker to become eligible for its benefits.

Remember, however, that under a FERS Disability Retirement, a Federal or Postal worker must file for the benefit of Federal Disability Retirement within one (1) year of being separated from one’s Federal Agency or the Postal Service.  The fact that a person has been “placed on the rolls of OWCP” does not excuse the 1-year rule for filing a Federal Disability Retirement application.

For further information on the intersection between OWCP and FERS Disability Retirement, you should consult with an experienced attorney who is knowledgeable about both, and make your decision upon factual and legal information, and not from such sources as, “I heard from Joe that…”

Sincerely,

Robert R. McGill, Esquire

 

Applying for FERS Disability Retirement Benefits: Balance

It is what we want to maintain, whether on a tightrope, a ledge high above in an apartment complex, or just walking from the living room to the kitchen.  For, without it, the silent agreement we have made with the objective world would suddenly topple, and we would be lying horizontally and seeing the world from the ground up, as opposed to the vertical manner in which we ambulate, and observing the world from above.

In our lives, as well, in addition to the manner in which we walk about, we talk about maintaining a “balance” — a metaphor, surely, about the proper coordination between work, personal time, family interaction, activities with or without relations, and the healthy engagements needed in order to perpetuate a semblance of sanity.  We also talk this way about the medicines we ingest; of dietary balance, chemical imbalances and a more Aristotelian view of remaining in the “middle ground” where the two extremes are avoided.

Life itself is a force to contend with; for, it is “life” in general which is in a constant battle against us, trying to tip our equilibrium and mess with that “balance” that we all strive to maintain.  Medical conditions, as well, suddenly tip the balance with gale-force winds that irreverently disregard our wants and needs.

For Federal employees and U.S. Postal workers who sense this “out-of-balance” world because a medical conditions has tipped the scales and made everything out of whack, filing for Federal Disability Retirement benefits through OPM may be the answer you are looking for.

Medical conditions themselves have a way of making life “out of balance”, and it may be that a Federal Disability Retirement annuity is what is required in order to bring things back into their proper order and balance. Consult with an attorney who specializes in FERS Disability Retirement Law; for, in the end, it is balance maintained which allows for the regaining of one’s health, while all of the “rest of it” is trying to perpetuate the chaos of imbalance.

Sincerely,

Robert R. McGill, Esquire