Federal Disability Retirement Law: Goodness in Dark Times

It is the famous question brought to the fore by Hannah Arendt and others in the aftermath of WWII.  The trial of Eichmann brought some clarity to the issue; of the banality of evil; of the trial of human goodness in contrast to questioning the existence of evil.  Faith was said to be lost in the aftermath; for, how could a God who purports to be pure goodness, allow for such evil to dominate?

Camus warned of humanity’s descent into further darkness; that the mass concentration camps were not the end, but merely the beginning of wider and more ferocious depravity.  The question really was never how there could be goodness in dark times; but rather, why or how there could be goodness at all.

Since WWII, modernity has strived — albeit, rather in a fumbling and ineffective way — to reeducate children to engender greater empathy for one another; to stamp out (or at least, divert) man’s inherent “evil” within; to try and prevent the predilection towards violence, etc. Then, of course, the Internet was created; Social Media exploded (or imploded); the pandemic exponentially heightened; and the rest is history — of dark times in greater numbers; the selfishness of the ultra-wealthy; the rise of autocratic regimes and the reemergence of greater evil.

In the end, it is not the question of goodness in dark times which matters, but rather, how to extend, to the extent possible, some iota of goodness within the times we live in.  Laws, in the end, and the abiding of laws, are the only hope we have.

For Federal and Postal employees needing to file for Federal Disability Retirement benefits under the current Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management, goodness in dark times is defined by the ability to manage your life despite the dark times.  Chronic medical conditions can be overwhelming and appear to present a period of unending dark times in your life.  Fortunately, the laws governing FERS Disability Retirement provide some amount of goodness and point to a brighter future.

Contact a FERS Medical Retirement Attorney, that is a legal expert who specializes in Federal Worker Disability Retirement law, and consider that there is still some goodness in dark 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 Employees Retirement System (FERS) Disability Retirement: Against The Wall

It is variously described — an obstruction; an obstacle; but seen from the inside, it allows for privacy and protection.  Think about the story of the Three Little Pigs and the differing materials of construction, where the first two failed in implementing a secure-enough wall to withstand the forces of the wolf’s cunning attacks.

In every phase of life, we encounter them; how we view them, what we do when we see them as obstructions as opposed to insulating, protective entities — it reveals much.

For Federal employees and U.S. Postal workers who are intending to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, “the wall” is represented by OPM itself; for, they hold all of the proverbial “cards” in approving or denying a Federal Disability Retirement case.

You, the Federal or Postal applicant, stand on the left side of the wall.  How you climb over the wall onto the right side — an approval from OPM — depends upon how you maneuver against the wall.  Do you go against the wall by sheer luck and lack of forethought?  Or, do you build or buy a ladder — metaphorically speaking, of course — which includes logical and legal argumentation?

Contact an OPM Retirement Attorney who specializes in Federal Disability Retirement Law and stop banging your head against the wall, and instead, begin to build the solid foundation which is built to overcome the obstacle between you and a Federal Disability Retirement.

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 OPM: Those Verdant Peaks

The metaphor of life as comprised of “peaks and valleys” is an appropriate one of changing circumstances; but within those peaks and valleys, the further question concerns the qualitative valuation of the circumstances lived.

One can find one’s self in the “lower valleys” of circumstances, but within those valleys, is the vegetation and fauna green and lush?  Or, has Summer come and gone with the luster of Spring behind?

Those verdant peaks in life can quickly pass, and when we look back after a period of distance and reflection, it may well be that while the circumstances of where we find ourselves are less than favorable, the people around us with whom we are — may make it worthwhile.

Medical conditions impacting Federal employees and Postal workers daily create circumstances where those verdant peaks of life suddenly become the darker valleys of challenging days.

Fortunately, within those darker valleys is a benefit called, “Federal Disability Retirement”.  It is a benefit available to all Federal and Postal workers under FERS who have a minimum of 18 months of Federal Service.  At a minimum, the benefit allows for those darker valleys of challenging days to have a view of a future verdant peak.

Contact an Retirement Lawyer who Specializes in OPM Disability Retirement Law, and begin the climb from the lower valleys of one’s circumstances toward those verdant peaks where the view below is from the past left behind.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement: Tomorrow and the day after

Tomorrow is for delay; to procrastinate, the day after.  Isn’t that the adage that recognizes what is truly going on — of saying, “Oh, I will get to that tomorrow”, but when asked about a project you dread (perhaps the unfinished novel that has sat in the bottom desk drawer for the past year; the basement that needs cleaning; the shed where all unused items and discarded castaways need “straightening up”, etc.), it is always to be accomplished “the day after tomorrow”.

Why is it that tomorrow may yet come and become realized, but the day after that somehow never arrives?  Is a single day delayed beyond the thought of tomorrow somehow too far from the reality of today such that it never arrives beside the closeness of tomorrow?

Saturday brings the smile of Sunday yet to be enjoyed, and leaves Monday too far to worry about, just as Sunday brings the anxiety of Monday because Monday is merely tomorrow and not the day after that.

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 delay in postponing the preparation of a 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 often understandable because it is, indeed, a “major step” into the unknown beyond, where careers must change, life enters a period of upheaval and the future holds a modicum of uncertainty.

But while delay until tomorrow may be reasonable, don’t let the “Day after Tomorrow” catch you into a trap where tomorrow never comes except in a rush where tomorrow’s exigency suddenly becomes an emergency too far delayed.

Filing for Federal Disability Retirement benefits is something no one thought about for tomorrow; but tomorrow quickly becomes today, and for the Federal or Postal employee suffering from a medical condition, the today that was once tomorrow’s comfort of delay will not change the reality of what must be done the day after.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Next Steps

It is always the next steps which determine the relevance and efficacy of the prior ones; a misstep can extinguish the progress made from the ones before; a stumble can irrevocably diminish the gains already made; and a fall can destroy the foundation of past steps already taken.

What to do next? We can stumble through; brashly forge forward despite unmapped territories that can harm and destroy; and we can even try and “manage” things by taking small, incremental steps, with trepidation and lacking of confidence, hoping for good things to occur despite our best wishes and hopeful optimism.  Or, we can consult with experts and specialists in order to gain a roadmap, or even hire a guide who has been down this mountain path before, and allow for the gains already garnered to account for something, instead of blindly destroying all that we worked for by forging ahead thoughtlessly like the proverbial bull in a china shop.

That is the problem with Federal and Postal employees who try and prepare a Federal Disability Retirement application without expert legal assistance: every case prepared by the person suffering from the medical condition believes his or her’s to be a “slam dunk” case — for, if the one who suffers from the medical condition prepares and submits his or her case, it is the same person “one and all” of the person experiencing the medical condition and the one who describes the very experience, such that no amount of objectivity can maintain the necessary distance between the two.

Consulting and hiring an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, may not necessarily guarantee a “win”; but it does help to ensure that the next steps do not extinguish the prior years of investing in your Federal or Postal career, by making sure that the next steps mean something beyond the stumble, hesitation, or sudden fall.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Medical Incapacity: The boxes in Standard Forms

For some forms, it is a convenience to have a restrictive, limited “box” in which to put the “x” into, or maybe the needed “Not Applicable”; others, however, try and contain a limited narrative and force succinctness into the standardization of answers.  That is all well and good, and perhaps from a bureaucratic standpoint and perspective, the conformity of forms and the mandatory “answers within a box” makes for streamlining of paperwork.

The reality, however, is that some questions cannot be answered — and more importantly, should not — within the proposed space allocated, and so you have two (2) choices: decrease the font size in order to fit a greater substance of the narrative within the provided box, or attach a continuation sheet despite no indication in the standard forms for allowance of such cheekiness of presumptuous creativity.

How does one identify which Standard Form should be prepared and completed within the confines of standardization, and which ones should not?   First, a conceptual identification should be applied: Which ones are merely “informational” that request only singular answers, and which forms make queries that compel for narrative answers?  Once that initial, identifying bifurcation is made, then the next step is to determine whether an adequate and sufficient response can be stated within the “box” provided within the font-size allowing for regular eyesight that does not require extraordinary magnification, or if a continuation sheet is necessary.

Thus, in a Federal Disability Retirement application, certain Standard Forms are merely informational — for example, the SF 3107 series which asks for basic, factual information.  Then, of course, there is the SF 3112 series, and especially SF 31112A, Applicant’s Statement of Disability.

For the Federal employee or the U.S. Postal worker under FERS, who is considering filing for Federal Disability Retirement benefits, the greater mistake has often been to quickly annotate within the boxes provided a swift “jotting down” of the medical conditions one “feels” — as if the body parts providing temporary sensations for a given day, or even the lack thereof, will sufficiently satisfy the eligibility requirements that must be met in order to become approved for a Federal Disability Retirement annuity.

Make no mistake about it: there can be dire legal consequences if SF 3112A is not completed properly and sufficiently.  And always remember the philosophical dictum: That which is necessary may not be necessarily sufficient, and that which is sufficient may not be sufficiently necessary.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The period in-between

It is the squeeze that we abhor, the suspension of life during that time.  Like the craven soul that is relegated to purgatory or the mass murderer that must await the culmination of the sentence imposed, it is the period in-between that is wasted because we are frozen in time by the certainty of the past already ensconced and the future that is determined but yet to be fulfilled.  That is the rub, isn’t it?

The uncertainty; whether the future can be altered or modified; or has fate already made an irreversible decision and judgment?

When Scrooge encounters that ghostly apparition representing the future in Dickens’ classic tale, A Christmas Carol, isn’t that the question posed – whether the course of future events as foretold could be altered, modified, reversed or otherwise replaced?  But while we wait, what can be done?  For, in reality, it is too often thought that only the judgment rendered can then be worked upon, worked around or somehow accepted submissively as fated karma that cannot be countered.

Thus is that the reaction of Federal and 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 the Federal or Postal position – it becomes the period “in-between”.

It is the “in-between” doctor’s appointments to see whether there is any hope of getting better; “in-between” performance reviews to see if anyone at work has noticed; “in-between” temporary teleworking arrangements to see if the Federal Agency can extend the authorization; “in-between” surgery and recovery to see if you can go back to full duty; and on and on, “in-between” the crazy universe of a medical condition and a dying hope for a future withering on the vines of other’s expectations.

It is like being stuck in mud, frozen in time, watching as the impending future comes upon you.

However, there is an affirmative step that can be taken to begin the process of altering, modifying and changing the course of an expected future event – by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

While filing a Federal Disability Retirement application may not be a solution to the medical condition itself, it is a step towards altering and modifying the course of future events that are controlled by the Federal Agency or the U.S. Postal Service, by accessing an employment disability benefit that recognizes that you can no longer perform the essential elements of your particular Federal or Postal job, but there may be other things in life that you may be able to pursue.

That is how the period in-between can better be embraced, by making sure that the future does not end with a definitive period at all, but merely by a comma that represents a brief pause.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Witnessing the residue

Most of us merely witness the residue; the process itself, the events leading up to the conclusion, and “during” as opposed to the “after”, and all of the miniscule details that make up “in between” are invisible, ignored, unimportant or simply not thought of.  We see the “end product”, only, and that is how it should be.  We don’t have time to watch the apple tree grow from a seedling; for sausages to be made; for politics to be compromised; and for other people’s problems to fester.  And even if we did, what difference would it really make?

We assume much – that characters we see in movies made from “based on a true story” (whatever that means – and how much artistic liberty was taken with the details of such a “true story”, and what part is true and what is not?) productions went to the bathroom in between shooting at each other and becoming heroes; or that when children are seen, there was once love between the couple (although, that can turn out to be a wrong assumption where adoption or other arrangements have been made) even if the residue we witness shows only acrimony, bickering and constant arguing.

For Federal employees and U.S. Postal workers preparing to file 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, “both sides” witness the residue – from the Federal Agency or Postal Service’s side, they witness the residue of a filing for a disability retirement, without knowing the long and arduous struggle that the employee had with the medical condition prior to coming to such a decision.  Or, for that matter, from the viewpoint of the supervisor or co-worker, such a decision may come as a complete surprise.

Conversely, from the viewpoint of the Federal or Postal employee who is filing for Federal Disability Retirement benefits, witnessing the residue of the Federal Agency’s reaction or the co-workers and supervisors who make comments, or say anything at all, is often an interesting phenomenon for its complete lack of understanding or empathy.  They simply didn’t know, didn’t care or didn’t take the time (or all three) in showing any concern during the long struggle with the medical condition.

The key, however, in witnessing the residue, is with respect to the U.S. Office of Personnel Management – the Federal Agency that reviews and makes a determination on all Federal Disability Retirement applications.  For OPM, it is important to formulate a concise narrative in answering the questions on SF 3112A, Applicant’s Statement of Disability.  How much of the history; to what extent the minutiae and details of the past; and the precision of establishing the nexus between the medical condition and the job duties – these are all important in the proper preparation, formulation and filing of an effective Federal Disability Retirement application, where witnessing the residue may be a void too important to neglect.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Content

What do we mean when we distinguish between “content” as opposed to “context”?  Are the two always distinguishable, and if so, are there any features or characteristics that make inseparability a potential difficulty?

We have all heard the famous phrase from King’s speech about being judged by the “content” of one’s character, as opposed to the “color” of one’s skin – a deviation of sorts from the more customary reference to the distinction made between appearance and reality, form versus substance, or even of spiritual versus material (although, as to the latter, one will often hear the metaphysical argument that it is the spiritual which is the “real” reality, and that the material is merely that fleeting, temporal existence that lasts for only a limited time).

Can the two truly be separated so cleanly as to allow for harmless independence – or, like the Siamese twins that share a vital organ, would any attempt necessarily devastate both?  For, isn’t it the very appearance of a thing that attracts and allows for an investigation further into the inner depths of the thing attracted towards?  Doesn’t context always matter when looking into the content of a thing, whether it is an incident, a conversation or a person of whom one is interested in committing to for a lifetime of relational considerations?

We often like to make such grandiose claims of bifurcating distinctions, when in fact the reality of the matter is that both are needed in order to complete the picture of the whole.

One may argue, of course, that content nevertheless is “more important” than context, or that substance by definition is of greater consequence than appearance, and by fiat of ascribed significance, one often argues that the former is necessary but perhaps not sufficient without the latter, whereas the latter is not unnecessary, but nevertheless cannot be made without unless one wants to walk about through life with a missing leg or a part of one’s soul left behind.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, always remember that – in preparing the SF 3112A, Applicant’s Statement of Disability – the U.S. Office of Personnel Management is looking for both content and context, and thus must one always be wary and cautious about the implementation of both.

SF 3112A is a trick form.  The questions seem simple enough, but what is put in there; the legal consequences of what medical conditions are included; the result of failing to include certain other conditions that may later be of greater consequence; these, and many more pitfalls, obstacles and unknown legal impact that may or may not be made aware of – well, OPM is not going to tell you beforehand, or help you out, and will indeed judge the Federal Disability Retirement application based upon the content of what is included, and not by the “color” of contextually missing information.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: When and what to file

In preparing an application for Federal Disability Retirement, multiple standard government forms must be completed.  As most Federal employees and U.S. Postal workers are under the “FERS” system (an acronym for “Federal Employees Retirement System”) as opposed to the older system of CSRS (standing for, “Civil Service Retirement System”), the applicable forms are comprised of two (2) “sets”:  The SF 3107 Series (encompassing the basic forms needed to apply for “immediate retirement”, which is part of the process of filing for Federal Disability Retirement) and the SF 3112 Series (which includes the Applicant’s Statement of Disability – SF 3112A; the Supervisor’s Statement – SF 3112B ; and the Agency’s efforts for Reassignment and Accommodation form – SF 3112D).

Both sets of forms must be completed, and it is essential that the applicant understands the complexity, involvement and onerous nature of each form, before engaging in the process of preparing, formulating and filing an effective Federal Disability Retirement application.  All such forms – once completed – need to be “filed” with the appropriate agency, and this becomes somewhat tricky.

To understand the administrative process of the entire procedural phenomenon, we need to begin with the oversight of some statutory principles.  First, all Federal Disability Retirement applications must be filed with the U.S. Office of Personnel Management within one (1) year of being separated from the Federal Agency or the U.S. Postal Service.  But there are “sub-parts” to such a Statute of Limitations (so named because it limits the ability of a Federal or Postal employee from filing a Federal Disability Retirement application if one goes past the 1-year deadline).

The first “subpart” concerns the initial 31 days after separation from Federal Service.  If you, as a Federal employee or U.S. Postal employee, have been separated, but not for more than thirty one (31) days, then you should still file through your agency’s Human Resource Office or the H.R. Shared Service Office of the U.S. Postal Service, located in Greensboro, North Carolina.  As a practical matter, if the time of separation is approaching the 31st day, you should probably just wait until after the 31-day period, and instead file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania – which brings us to the second “subpart” concerning separation from Federal Service or the U.S. Postal Service:  If you have been separated for over 31 days from the Federal Agency or the U.S. Postal Service, then you are required to file your Federal Disability Retirement application directly to the U.S. Office of Personnel Management in Boyers, Pennsylvania.

Likely, if you have been separated from the Federal Agency or the U.S. Postal Service, the U.S. Office of Personnel Management in Boyers, Pennsylvania will request your SF 50 or PS Form 50, which is evidence of the actual separation from your Federal Agency (now former) or the U.S. Postal Service; but even if your former Agency or the U.S. Postal Service has not yet issued you such a form, indicating the formal separation from Federal Service, you should always make sure that you file your Federal Disability Retirement application before the 1-year Statute of Limitations has expired.

Beyond these “fundamentals” of when and what to file, are substantive and procedural issues which are too complex to extrapolate in a limited forum.  To further understand the intricacies, you as a Federal or Postal employee, if considering preparing, formulating and filing for Federal Disability Retirement benefits, should either exhaustively research the statutory or case-law background in preparing your Federal or Postal Disability Retirement application, or consult an attorney who is knowledgeable about issues concering the proper preparation, formulation and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire