Federal Disability Retirement Application Denied: The Response

How do we learn how to respond?  Are all responses appropriate?

If a person you pass along the street says, “Hi, how are you doing?” — is the appropriate response to actually stop and give an hour-long dissertation about your life history, how your cat recently was run over by a car, and about your kid’s problems in school?  Or, do we just tip our head with a quick nod and respond with: “Good. Have a nice day”?

And of that irritating car in front of you in a one-lane road going 25 mph when the speed limit is 50 — do we honk aggressively, try to pass even though there is a solid yellow line, and finally accelerate illegally on the shoulder, on the right side, and speed past him?  Of course, when the police officer stops you and tickets you, it is hardly a response to say, “But officer! He was going 25 in a 50 mph zone!”

Every society possesses established conventions to follow, and “appropriateness” is generally defined by recognition of, and adherence to, such conventions.

And to an OPM Denial in a Federal Disability Retirement case:  Do you write a long dissertation and attack each point — or do you call a Federal or Postal Attorney who specializes in Federal Disability Retirement Law?  Or, even if you haven’t filed, but you know that you cannot reach retirement age because of your deteriorating health — do you just submit a letter of resignation and walk away?

No; the proper response is to contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and to discuss the strategy and the proper response in order to file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, under FERS.  For, in every endeavor of life in this complex world of conundrums and perplexities, there is a “response”, and then there is the “proper response”.

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 Law: Difficult Times

We tend to think that ours represents the apex of such characterizations, but such a view would betray our ignorance of history.  Whether defined within the limits of our own personal circumstances, or by contrast to others within the same country; or, if one takes into account the world — other nations — “difficult” becomes relative, and can never be taken in a vacuum within the historicity of such a linear perspective.

Reading about the Great Depression, one immediately recognizes the fallacy of attributing these difficult times in descriptive adjectives which fail to accurately portray an appropriate contrast to modernity; of going hungry for days; of rampant homelessness; of rudimentary health care, and so much more.

Yet, comparing one’s present circumstances to prior historical models does nothing to diminish the crisis one experiences today — for, indeed, these are difficult times, and very little comfort can be achieved by hearing the words, “Yes, but others have had it worse”.

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 of more of the essential elements of one’s Federal or Postal job, recognizing one’s own “difficult times” is the first step towards initiating the necessary process of preparing, formulating and filing an effective Federal or Postal Disability Retirement claim through the U.S. Office of Personnel Management, under FERS.

Whether the Great Depression or other malevolent times were worse or not, matters little.  What matters is to move forward in life regardless of past historical circumstance, and to contact a FERS Attorney who specializes in Federal Disability Retirement Law so that these difficult times may see the light of a future which offers greater hope than the despair of modernity, or of past times, as well.

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 & Postal Disability Retirement: The Mysterious Process

Perhaps it should not be so, but it is.  Yes, yes, there is supposed to be transparency in government, accountability in government, and responsiveness to the needs of those whom government are supposed to serve, etc.  But, somehow, that is not how reality works.

The process of how one obtains Federal Disability Retirement benefits through the U.S. Office of Personnel Management is fraught with mystery, secrecy and silent unresponsiveness. It is a complex administrative process with many obstacles, multiple pitfalls and countless turns and twists of frustration.

For Federal employees and U.S. Postal workers who need to obtain Federal Disability Retirement benefits, and who require someone to cut through the mysterious process, call an expert who specializes in obtaining OPM Disability Retirement benefits.

Call a Federal Disability Retirement Lawyer and begin the administrative process of solving the mysterious process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employee Disability Retirement: Sequential Arrangement

If an individual was about to move into a home or an apartment, but the place needed a fresh coat of paint, would you advise that person to move all of his or her furniture into the place first, then paint the place — or first paint the place, then move in?

The question seems rather redundantly unnecessary, and the answer rather redundantly obvious; but, then, if one doesn’t think about the sequential arrangement of tasks to be accomplished, or even that the person in question simply has had no experience in such matters, perhaps the obvious must be pointed out for its logical consequences.  Clearly, it would make things easier to paint an empty premises as opposed to having the place cluttered with furniture and knick-knacks, exposing everything to paint droppings and just to even consider the logistical nightmare of trying to paint around a cluttered apartment or home full of furniture, etc.

Sequential arrangement is important in most matters — which should be done first; what needs to be accomplished as a preface to the step following, etc.

For Federal and Postal employees contemplating Federal Disability Retirement as an option to pursue, the fact that the forms presented — both the Standard Form 3107 series as well as the SF 3112 series — come in a sequence does NOT mean that you should complete them in the sequence arranged by the Federal Government.  Sequence is important because the information you provide depends upon the previous information you have gathered, and the sequence of such information is important and relevant in preventing any developing inconsistencies.  Just because SF 3107 and SF 3112 come in a neat and tidy packet arranged in a sequential manner does not mean that the sequential arrangement should be followed.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and discuss the sequential arrangement of steps to follow that will benefit your particular case, and not the case that can be made against you by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

 

Federal & Postal Disability Retirement: The Qualifying Standard

What if a group of individuals gathered to compete in a race, of sorts, and trained, engaged in strenuous preparatory work and did all of the things necessary in order to “qualify”? They all gather on the agreed-upon date and, in customary athletic clothing, run a predetermined distance where 3 individuals out of ten cross a white line in sequential fashion. There is no doubt as to who the 3 “front runners” were. Yet, when the prizes are handed out, they are given to the 10th, 7th and 5th place runners. There is an understandable uproar. A protest is filed.

Umpires and referees gather (are there such people, or is that just in baseball, football, soccer and basketball?) and discuss the situation at length. Small, hand-held rule books are consulted and the audience sits in anguished silence as the outcome is debated in a deliberative fashion. Furrowed eyebrows are mashed in faces of concerned silence; the crowd that had gathered to witness the sporting event argue vociferously over the unfairness of it all; television crews have arrived, having been tipped off that a major scandal has been scented and the sharks have gathered for the afternoon kill.

No one notices that a little old man who has stood watching the entire spectacle with a peaceful, quiet calm has slowly made his way onto the platform where a microphone has been set up. He approaches the podium, adjusts the contraption and begins thus: “Ahem”. He pauses, waiting for everyone at the event to recognize the point from where the clearing of his throat originated, and continues on: “I am Mr. X; I organized this event. If you look at the last paragraph of the rules-book, it specifically states the following: ‘Mr. X is the sole determiner of the qualifying standard’. I am, as I said, Mr. X, and I determined that runners 5, 7 and 10 are the winners. End of story”. The little old man then turns around and walks back down, and away from the event.

Now, for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition leads the Federal or Postal employee to file for Federal Disability Retirement benefits, this story may appear to parallel the manner in which the U.S. Office of Personnel Management acts: As a law unto itself.

Fortunately, they are not the sole arbiter of the qualifying standard and, instead, there is such a thing as “The Law”. In order to apply the law and force OPM to follow the true and only qualifying standard, however, it is necessary to “know” the law; and, in order to do that, it is best to consult with an attorney who specializes in Federal Disability Retirement Law. Otherwise, you might be subject to the same standard (or lack thereof) as the little old man who does what he wants on any given day depending on how he feels on that day, or in that moment.

Sincerely,

Robert R.McGill, Esquire

 

Medical Retirement for Federal Workers: The recipe

There is a fascination with master chefs; the process itself — from a gathering of various food items and the preparation for the grand feast; through the selection and addition of various additives and extras; to the final product that results from the “touch of the master” — which is why entire series of shows are devoted to mass audiences for viewing with a trance-like interest, whether in the monosyllabic tone of various British series that articulate with accented sophistication, to the fiery tempers of showmanship in this country; for many, it is the show of choice, and it all begins with a recipe — or not.

For most of us, there has to be a foundation to begin with — some semblance of an order of ingredients to follow, instructions to abide by and a step-by-step direction in which to proceed.  Otherwise, we are lost as to what will turn out, and whether the end product is even edible.

Cooking at any level of sophistication can be quite revealing as to the character and personality of an individual: Does one stick religiously to the letter of the recipe?  How creative is a person on the first go-around?  Is precise measurement the steps to follow, or is an “approximation” the greater methodology — a dash here, a sprinkle there, an overflowing cup or less than a tablespoon, depending upon the desire of one’s palate?  And when everything is mixed — does it have to be sequential?  Why must the onions be mixed in before the carrots?  How does the mixture itself know whether you put in the garlic before the parsley?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the thing to consider is not whether or not there is a “recipe book” to prepare an effective FERS Disability Retirement application, but whether there is a “master chef” out there who can pull all of the “ingredients” together to make the “best dish” possible.

To that extent, there is a similarity between cooking and filing an effective Federal Disability Retirement application: A good attorney who specializes in FERS Disability Retirement is likened to the master chef, and while good ingredients always matter, by whom it is prepared can make all the difference.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Preparation subverting the moment

“Seize the moment” (or the day) – isn’t that the mantra of modernity?  Never let consequences or the hurt of others delay the enigmatic pleasures of bodily delights.  Forget results; ignore preparatory steps, as that would waste valuable time otherwise left for delectable dalliances.  If modernity has translated “worth” and “value” in terms of present moments of existential delights, then the greater heightening of each event of ecstasy experienced in the “now” of every life should be exponentially enhanced at every opportunity available and presented.

Technology has only further advanced the aversion to planning and foresight; for, the conversation quieted when memory once required of reflection and racking of remembrances is now quickly replaced by a button push that Google immediately answers.  “Now” is ever more the gratification never to be delayed.  Modernity and  youth have been its unfortunate byproduct, where any notion of  preparation constitutes a delay of that instant gratification.

But life has a tendency to create tumult and intervene with a dose of reality, and medical conditions exponentially show us that the moment left without delay requires greater reflection and contemplation – and this is especially so with Federal employees and U.S. Postal workers under FERS, CSRS or CSRS Offset.

“Seizing the moment” and quickly putting together a Federal Disability Retirement packet when a medical condition begins to prevent the Federal or Postal employee from performing all of the essential elements of the Federal or Postal employee’s position, is likely not the best approach in preparing, formulating and filing an effective Federal Disability Retirement application.  Not in all cases does preparation subvert the moment; often, in life, the “moment” requires preparation, as well as a thoughtful course of planning and reflective methodology of formulating a strategy for the future.

Modernity has invented some great contraptions; technology has saved time (or so they keep saying) and replaced human capacity with easing of burdens.  In the end, however, it is up to the planner to plan, and the Federal or Postal employee to seize that “moment” and project it into a plan for a better tomorrow, by preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement under FERS or CSRS: Clueless

We are, for the most part, clueless in most things.  Those very limited subjects of which we are deemed an “expert” or having some partial knowledge about, are merely one in a million, and so we walk around thinking highly of ourselves, yet clueless in 99.9% of everything else.

Fortunately, there is no criminal statute that can be imposed upon being clueless.  Life is complex enough without having to acknowledge that we walk about without any real idea as to how to tackle the problems; but as braggadocio wins the day for most people, most of the time, so long as the next guy believes that we know what we are doing, it counts for much of life’s conundrums.

Most people aren’t even barely competent in their chosen fields until they have been engulfed in the technicalities presented for 20 – 30 years; then, just when competence is assured, we are fired or otherwise dismissed summarily.  Knowledge and wisdom in this country is never valued; rather, the cult of youth, plastic surgery to extend the appearance of it, and the irrelevance reflected in casting aside those who have passed the halfway mark reveals much about this society.

That’s the problem with Federal agencies and the U.S. Postal Service; they believe that Federal employees and U.S. Postal workers are essentially fungible goods, replaceable with youth or some other inexperienced and clueless individual.  Look at the entire issue of “accommodations” and Federal Disability Retirement law; agencies rarely put in the effort, other than a simple computer search to try and do a “match” between skill-sets and position descriptions (sort of like a corollary to internet dating sites), and the entire process and procedure reveals much about the value that Federal agencies and U.S. Postal workers place upon experience and wisdom.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the questions surrounding SF 3112D and the Agency’s efforts to reassign or otherwise “accommodate” the Federal or Postal employee’s medical disabilities, is a rather complex issue to explain in full.

Suffice it to say, however, that a truly viable, legally-acceptable accommodation rarely, if ever, happens, and therefore is almost never a roadblock to filing an effective Federal Disability Retirement application.  It is just another indication of how clueless even the Federal Agencies are, as well as the U.S. Postal Service; and as we all step into the general cauldron of cluelessness within the confines of a clueless universe, preparing an effective Federal Disability Retirement application can serve to be an escape into the next phase of a clueless process.

Sincerely,

Robert R. McGill, Esquire

 

Civil Service Disability Retirement: The value of properly preparing

Each and every stage of a Federal Disability Retirement process is important to view in the preparation of a Federal Disability Retirement application.  You cannot take any stage of the process in a vacuum; for example, answering SF 3112A, Applicant’s Statement of Disability, in and of itself forces one to consider stages beyond the Initial Stage of the process.

Questions to ask:  Are you bound by your answers without the possibility of further amendments to the narrative delineation you submit?  Can changes, amendments, additions be made even after a CSA/Case number is assigned by Boyers, Pennsylvania and sent on its way to Washington, D.C. for an initial assessment and determination by the U.S. Office of Personnel Management?  What if, in the meantime, a “new diagnosis” is provided, one which has not been included in the original Statement of Disability?

Should the language used in describing one’s medical conditions and the impact upon one’s positional duties and inability to perform the essential elements of one’s job be elastic enough to allow for greater content at a later date, or should it be concise, precise and without room for maneuver or wiggle?  To what extent will prioritizing of diagnosed descriptions be used, either for or against, one’s Federal Disability Retirement, and are there consequences in submitting a non-sequential order of non-prioritized conditions, whether in terms of a spectrum from severity of pain or relevance based upon conditions recognized to be “serious” as opposed to secondary, more exacerbated-based symptoms that are considered corollaries more than central conditions?

To view the world from a perspective of bifurcated and compartmentalized episodes, where each circumstance of life has no impact or connection to any other, results from the insularity of lives we lead.  But reality forces upon us the realization (note the close connection of the two words – reality and realization) that our own mental insularity does not impose a compelling argumentation upon the objective world; instead, we continue to delude ourselves into thinking one way, while the universe goes on and exists with impervious fortitude until the two contradict and ultimately clash.

For Federal employees and U.S. Post workers who try and defy the universe by ignoring the reality of preparing a Federal Disability Retirement application, and further, by attempting to sidestep the methodology of analytical determinations made by the U.S. Office of Personnel Management, the onus is on you:  take care that you consider preparing a Federal Disability Retirement application carefully and with full view as to the value of knowledge and information, lest it come back to haunt you with a denial because you did not foresee the burden of proof.

Sincerely,

Robert R. McGill, Esquire