Tag Archives: completing sf-3112c physicians statement

FERS Medical Disability Retirement: The Domino Theory

It was a theory adopted during the Cold War — embraced by those brilliant Harvard-educated policy wonks in the Kennedy Administration and beyond — believing that if one nation succumbed to the evils of communism, others would quickly fall like a perfectly aligned row of dominos.

A theory is perfectly fine to have; once applied in practice, however, it can have devastating consequences.  It was based upon such a theory that Vietnam was fought for — a backward country full of jungles and malaria, of which few Americans were even aware of its existence until thousands — then, tens of thousands — of young men began to die there.

Like other theories which once were embraced by intellectuals and “experts” whom everyone accepted as smarter than everyone else, such beliefs and those who once held them are now merely leftover vestiges of historical follies.  Once Vietnam fell, the rest of the world did not fall like the dominos they were supposed to represent.

We tend to forget that a theory is merely a thought put together in an antiseptic setting divorced from reality and, even if applied to the real world, may remain as nothing more than an academic exercise.  It may be nothing more than the “flat-earth theory”; one can believe in it, but it doesn’t make it true.

In other areas of life and practice, however, real-world consequences force people to actually respond in more practical ways.  There are “theories”, and then there are applications which have real-world consequences.  Vietnam was a prime example.  Having a theory that you are invincible and indestructible is one thing; walking in front of an oncoming bus to test such a theory — well, that is quite another matter.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management because of a medical condition, one may well have a “theory” that getting an OPM Disability Retirement is merely a matter of gathering one’s medical records and filling out those incomprehensible OPM Disability Standard Forms (SF 3107 Series and SF 3112 Series); but if you actually test out that theory, it is likely that you will end up with a denial from OPM.

Before testing out such a theory, however, you may want to contact a FERS Attorney who specializes in Federal Disability Retirement Law, lest your theory concerning the ease of getting a Federal or Postal Employee Disability annuity ends up like those other theories, like the Domino Theory of the forgotten past.

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 Help: The Periscope

It is an interesting object; and allows for a capability beyond the normal and direct human eyesight.  As an instrument used to observe, it allows for getting around obstacles which prevent direct line-of-sight observation, and in its more advanced invented forms, utilizing prisms and advanced fiber optics, can view the world and its intended object from a vantage point unobserved by the viewed.

These days, of course, with miniature cameras and microchip technology, perhaps the periscope is an anachronism.  The purpose, however, always remains the same: To gain information through observation, without being detected.

Federal employees who suffer from a medical condition often have to use the “periscope” approach — of gutting through each day at the expense of one’s own health; of smiling when the upturned lips should reveal a downturned frown or a grimace of pain; and all the while, the Federal Agency is saying you are doing a great job, your health deteriorates behind the periscope of unobserved medical conditions.

At some point, perhaps someone points to the “periscope” and says, “Are you okay?”  This is a rare instance.  Instead, more often than not, there comes a critical juncture in one’s life where the debilitating medical condition no longer allows for lack of observation, and that is the point when the periscope is seen, and everyone scratches their collective heads and declares: Yes, yes, it was obvious all along.

And that is the point when the Federal or Postal worker needs to consider filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law, and begin the process of seeing the world not through the vision of a periscope, but with your own wide and opened eyes.

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.

 

Attorney Representation for OPM Disability Claims: The facade

We all do it; but the fact that all engage in it does not mean that the quality of what occurs behind the mask is equal in kind.  What betrays the workings of that which lurks behind the Noh mask?  Does the backstabber ever recognize the evil that is perpetrated any more than the Wizard behind the curtain believed that something untoward was being accomplished?

In architecture, a facade is the outward appearance or frontage that represents the initial encounter, entrance or first impression when approaching or entering; it is a neutral term in that it doesn’t connote or denote anything beyond that which it is — the first impression of the outward appearance.  But when that same term is applied to human beings or other contexts, it takes on a secondary implication of doubt, motive, underlying processes or even evil intent that is deliberately being concealed for the nefarious winds that need cover.

We all wear them; some are more adept at maintaining it in order to conceal and veil; while others can only establish it for a short period, then confess to all that nothing beneath was meant to harm.

For Federal employees and U.S. Postal workers who carry a facade in order to conceal the medical condition that continues to debilitate, deteriorate and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the strain upon one’s psyche can be enormous and trying.

Over time, the facade must by necessity begin to crumble, to fade, to unravel and reveal; it is the inevitability that is often so fatiguing.  When the critical point of intersection occurs — where the priority of the medical condition surpasses the need to maintain appearances — it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

At some point, we all have to become “real”, and the facade that hides the face of a building does so without concealing anything precisely because there is no “there” behind the face; but the human being that puts on the Noh mask cannot for long maintain the facade that conceals the human suffering within.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Of mice and things

In the early morning hours or in the late twilight of night when everyone else is fast asleep, of mice and things scurrying about tells of a world beyond the days where we awaken and watch.  We all have a tendency to anthropomorphize upon a world we otherwise would fail to understand, and projecting our own characteristics upon another species has always been what we cannot resist.

Of mice — do they run about when everyone else is away because of fear, or because they, too, love the quietude of a period when all except the insomniacs and burglars tiptoe in shadows of darkness where the innocent dare not trample upon?

Sometimes, in the rush from hiding place to food source, the mouse will pause, lift up on its hind legs, look about, nibble a bit, then off again; and when they become bold enough to actually stare and look directly at the master of the house, you know that it is time to bring out the cheese and the traps, for they have exceeded their welcome and are likely becoming too comfortable in a home that they are unwelcome.

And what of the “things”?  Well, there are mice, and then of course, centipedes and spiders, and cousins of mice, and other things.  They are the ones who go “bump” in the night.  Are we like them?  If a greater master were to look upon us like we do of mice and things, would that Grand Wizard think similar thoughts?  That if we scurry about in fear and try and remain anonymous and unobtrusive, we would be left alone; but if we became bold in our unwelcomed status, a trap would be set for us and we would be cast aside into the oblivion outside of the walls of our own making?

Isn’t that how the injured Federal or Postal worker feels when a medical condition continues to prevent the Federal or Postal worker from performing all of the essential elements of the Federal or Postal worker’s position?  Such a Federal or Postal worker begins to feel like the mouse that scurries about trying to survive, but once he or she gets noticed, the Federal Agency or the Postal Service begins to set traps, to put the pressure on and proceed to ostracize and get rid of the pesky things.

Fortunately, Federal and Postal workers who suffer from a medical condition have somewhat more protections than those accorded to creatures small and large, of mice and things.

Preparing an effective 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, is one such “protection” that allows the Federal or Postal employee to move beyond the workplace harassment and attempts to remove and terminate, thereby ending a career where one has invested one’s life to prolong.

What the Federal or Postal employee does not want to do, is to end up like those creatures that go bump-in-the-night — of mice and things — by failing for access all available benefits, and especially a Federal Disability Retirement annuity that can secure one’s future and allow for one to focus upon the important things in life, like one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Hope of escape

Perhaps it is a weekly lottery ticket purchases; or the novel that is periodically worked on but never gets completed; or even a notion that there is a distant relative who will one day meet mortality and leave a legacy of a magnitude beyond the capacity to exhaust; but of whatever dreams, fantasies or mathematical improbabilities, the mere hope of escape is often the fingernail that allows for sanity to remain, for motivation to continue to abide, and of a spark of incentive to spur onward and forward.

It is only when the cornered animal is left with no route of escape, or when an enemy battalion can neither hope to survive nor be allowed to surrender, that an unimaginable end may be considered.

Hope is the flame that abides for humanity’s safeguarding of happiness; of escape, it is something we all do, and often to the detriment of relationships that we have.

For Federal employees and U.S. Postal workers who suffer from various medical conditions, such that those medical conditions continue to prevent or otherwise impede the Federal or Postal employee’s ability, capacity and resolve to perform all of the essential elements of one’s Federal or Postal job, the hope is always there that the medical condition will resolve itself, or that the doctors will come up with a new cure, or perhaps even that a miracle will occur that tonight’s dream will awaken to a pain-free tomorrow.

Short of that, however, the hope of escape means that the medical condition will continue, but the inability to perform one or more of the essential elements of the Federal or Postal job must be discontinued either through (a) resolution of the medical condition (unlikely), (b) accommodation by the Federal Agency or the Postal Service of the medical condition such that the Federal or Postal employee may continue to work (again, unlikely), (c) resignation or termination because of excessive use of leave, inability to maintain a regular work schedule, deterioration of the medical condition or being placed on a PIP (likely), or (d) file for Federal Disability Retirement benefits, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset (inevitably).

The hope of escape still abides; it is up to the Federal or Postal employee to initiate the hope by consulting with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, thus empowering a potential escape from the vicious cycle of work-related harassment, deterioration of one’s health, and the constant concern for the security of one’s future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Plans, purposes and pivoting positions

The first in the series indicates the human endeavor of imagination and creativity, unique sets of binary forecasts projecting into a beautification of one’s future; the second, the qualitative and substantive core which motivates and impels the preceding characteristic and transforms it from mere ethereal musings into a concretized formulation of action; and the final element of the tripartite aggregate represents the capacity and ability of a person to remain adaptable, malleable, ready to take into consideration new data and conform appropriately, such that the originating plan is never abandoned but merely evolved into a pragmatic reflection, yet driven by the underlying impetus based upon strength and character.

It is the last of the three which is often the most difficult in this society of rigidity and unforgiving iconoclasm.  Bureaucracy does that to people, as the Leviathan of administrative growth and conformity to identity of purpose leaves little room for imagination and creativity.  We like to fool ourselves by pointing to the vast number of books published, or to “new plays” being produced off-and-on-Broadway; or to the innovations attained and announced in the world of technology, medicine and legal precedent, then pat ourselves on the back with self-praise and delusional despair.  But reality confronts us otherwise in the daily encounters with ordinary people.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, the direct conflict with the ways of repetition and customary machinations of administrative malfeasance come to the fore.

Agencies rarely, if ever, desire to accommodate; they do not see the value of retaining Federal employees who have served with dedication, honor and reliability for these many years; and, instead, are willing to forego the minimal alterations to workplace requirements and engage in a termination fight in order to retain its mindless inscrutability.  Plans are meant to be changed — and for the Federal or Postal worker, the entrance of a medical condition, whether physical, psychiatric, or a combination of both, should so alter the plans.

Purposes can be adaptable — and so they should, when the medical condition enters the equation.  And those pivoting positions first learned in playing the game of basketball?  They teach us the valuable lessons not only to elude the opposition, but in order to gain the advantage of a position of strength where weakness was once thought to prevail.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Future of Now

Human beings have the unlimited capacity of projecting into the future, such that a present picture of what may occur some time hence can be visualized; but whether and how many bring the future to the fore, such that the present becomes encompassed into the reflective reality of current circumstances, is of an imaginative rendering few take the time to engage in.

By focusing upon the future as some ethereal fog somewhere in the distant netherworlds, we can justify the tendency to procrastinate and kick the proverbial can down the road; and, similarly, we can get lost and embroiled in the problems of the now and today, and groan with delicious consternation about the inhumanity and uncaring nature of the world.  But to meld and cross the lines of future and now by projecting forward, then bringing back, such that the future becomes the now in our enlivened universe of deadened souls, is to plan for a time hence in real time of current clockwork.  It is an exercise of the imagination which is necessary in order to better prepare both for today and for tomorrow.

For Federal employees and U.S. Postal Workers who suffer from a medical condition, such that the medical condition begins to impact and prevent the Federal or Postal worker from performing all of the essential elements of one’s positional duties, it is important to consider those matters not just in linear form, but as a reality of clashing values and systematic interludes of conflicting confidences.  Yes, you want to continue on, but does the current state of pain and debilitating medical conditions allow for such expectations?  Yes, what you decide today will impact your future in ways financial, medical and career-wise, but does delaying consideration now change such a projection of future events?

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is never an easy dictate of imaginative musings; but when the warning signs are emitted, both from one’s own body as well as from the harassing actions of one’s own agency and the U.S. Postal Service, the reality is that the future of now, and the now of one’s future, have coalesced into a moment of necessity where time stands still and the world is about to shift in directions beyond your control, unless you take those affirmative steps necessary to secure the benefits for a future uncertain at a date unknown.

Sincerely,

Robert R. McGill, Esquire