OPM Disability Retirement under FERS: Before Smartphones

What did we do?  Today, it is as if the obsessive is inescapable; but yes, there actually was a time before Smartphones; we merely are unable to remember, or refuse to recall, those days “before”.

We have all become obsessive.  We have to check to see if an email has come in; we eat at the table with it right next to the plate; it accompanies us in the car; at night, if we do not turn the volume down, it haunts and reminds us; the wiring in our brains has literally gone haywire.

“Grandpa, what was life like before Smartphones?”  Well — books read; a quiet evening before the crackling fire; time for conversations to develop; of recollections and reminiscences — and of memories confronted and challenged without someone taking out that Smartphone, googling the question and ruining the fun of simply trying to remember the name of an actor, the title of a book or the precise date of a historical event.

Before Smartphones, there was a life to be lived, a reality without surrealism, and a sense of belonging in a community where no one had his or her head bent down to be sucked into a device which no one asked for, and no one ever stopped to ask:  Do we really want to live this way?

For Federal Government employees and U.S. Postal Service workers who suffer from a medical condition, consider this:  The Smartphone which controls your life can never replace the need to prioritize that which is foundational and most significant — of your health.  Consider filing for FERS Disability Retirement benefits; for, even before Smartphones, there was life, health and the precious time spent before the debilitating medical conditions began to dominate.

Contact a FERS Retirement Attorney who specializes in Federal Disability Retirement Law, and take the time to consider that there was actually a life before Smartphones, as there can still be a life beyond the Federal Government job you occupy.

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 Application: Worth in Our Day

Worth has become a meaningless concept; inflation, the valueless dollar, the expansion from millionaire to billionaire, and now to the next level — the first “trillionaire” — who will it be?

There was a time not long ago when aspiring to make or save a million dollars was within sight; that, once achieved, it was a level of monetary achievement which would allow for a fairly comfortable living.  These days, purchasing a home in a relatively middle class neighborhood ranges in the $600,000 – $700,000 range and beyond, rendering a million dollars to be viewed as somewhat of a pittance.

And what of human worth?  As money becomes meaningless because the decimal point continues to move to the right, leaving unfathomable zeros multiplying to the left, do we treat workers with any greater dignity, with any greater value in parallel conjunction with the exponential multiplication of those zeros?  Doubtful.

At least, however, the Federal Government does recognize that a person who is disabled from performing his or job elements should be eligible and entitled to disability retirement benefits.  To that extent, worth in our day has improved from the middle ages where the disabled were merely discarded as beggars on the streets of London and Paris, as well as in middle America.

Contact an attorney who specializes in Federal Disability Retirement Law and consider the option of going out early with a Federal Disability Retirement benefit.

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: Unique Problems

Every individual is beset with unique problems; for, it follows from the details of each circumstance, the particularity of each issue and the application of specific concerns which each individual faces, etc.

Medical conditions represent unique problems; and for Federal and Postal employees who suffer from a medical problem such that the medical conditions no longer allow for the unique compatibility between the medical issue and the essential elements required of one’s Federal or Postal job — such unique circumstances will require an individualization of a specific nature in preparing an effective Federal Disability Retirement application under FERS.

By “unique”, however, does not mean “unfamiliar”.  An experienced attorney in FERS Disability Retirement Law who understands the complex issues surrounding a Federal Disability Retirement case can differentiate between irrelevant facts and issues, and the core issues which impact a Federal Disability Retirement application.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of streamlining the unique issues and circumstances relevant to your particular case.

Sincerely,

Robert R. McGill, Lawyer

 

FERS & CSRS Disability Retirement from the Office of Personnel Management: SF 3112C

As a “government form” it purports to provide guidance in general terms, and it is doubtful that the lack of clarity as to its purpose or utility will assist the medical professional into writing an effective report.

The plain fact is that SF 3112C is a confusing form — confusing both to the doctor or Nurse Practitioner who is presented with it, as well as to the FERS Applicant who is attempting to prepare an effective OPM Disability Retirement application.  It refers to a “position description” being attached, but fails to provide the necessary explanatory nexus between the PD and the medical opinion sought.

What part of the position description should be focused upon?  Is it the entirety of the PD, portions of it, or just the “essential elements”?  Is it relevant whether a person can work part-time, full time, or an erratic combination of both depending upon the severity of symptoms that may arise periodically?  Is SF 3112C meant to confuse, or like so many “government forms”, is the language inevitably misleading because it is (A) meant to be that way, (B) unintentionally written in an unclear manner or (C) is meant to be wholly unhelpful because OPM doesn’t want to go out of its way to help the Federal Disability Retirement applicant?  Must the SF 3112C, the “Physician’s Statement”, be used at all?

If you are still working with the Federal Agency or on the rolls of the Postal Service, or at least not separated for more than thirty one (31) days, must the prepared physician’s statement be sent directly to your H.R. Office without first being reviewed and validated by the applicant?  The form itself certainly makes it appear so, but is that really the case?

In the end, the applicant who is preparing, formulating and filing a 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, must make some initial and important determinations concerning the substance and content of the application itself.

Forms are tricky; the laws that oversee them, often vague; but if you are relying upon instructions written and formulated by the very government agency that will be making a determination on your application, you may want to first consult with an attorney who specializes in the very law that governs Federal Disability Retirement, before you begin “filling” out forms or having your doctor fill one out.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Relating negative events

Bad things come in pairs, or is it triplets?  Is there a tendency to relate and categorize in terms of color, logical sequence, similarities and characteristics?  Is the Kantian model of imposing categories upon an otherwise orderless universe the reason why we relate negative events in bunches, like grapes growing upon vines waiting to be picked?  Or do bad things happen in combinations naturally, as a law that cannot be avoided?

When we learn that others have been speaking ill of us, or of unkind statements and gossiping rumors spread about, do we not then consider the look of those around us and begin to suspect that the facial frown was directed at us, the distracted individual is not merely lost in his or her own thoughts, but is deliberately ignoring and shunning us, and even the dog that was once friendly is heard to emit a low-growling sound of unfriendly disposition?

Relating negative events is a natural response to a world that is orderless, and one that can be cruel — a perspective that is easily and readily confirmed by the uncaring attitude not just from an impervious universe, but from those who pretend to be out best friend, as well.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the Universal Law that dictates relating negative events becomes unavoidable: Suddenly, because you have taken too much SL and have requested FMLA, you are no longer the “golden boy” (or girl) who can be relied upon, and next comes the leave restrictions; the “Memorandum of Warning”, and then even a PIP; and what next?

Termination is the target for the future.

All the while, the “negative event” was the deterioration of one’s health, which then set into motion all of the other negative events which became related one to the other.

Bad things, unfortunately, happen in bunches, and it is important to initiate a “positive” element and infuse a “good” thing into the middle of those bunches of negative events, and 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 that positive step one can take for one’s self in the morass of relating all of those negative events that seem to have occurred without your consent.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Youthful mind, decrepit body

The oxymoron of the objective world; yes, it can perhaps be maintained in the virtual reality of cognitive dissonance, but the human body warns and tells all.  The basic problem is that while the “mind” retains an image of frozen time, the body continues upon the progressive course of constancy in deterioration.

We all have an image of ourselves, and no matter how many times a day we look into the mirror, that “image” remains with us, as we are not the one’s watching ourselves as we grow older.  Yet, the body ignores the image we hold, and time, nature and the linear disintegration of organic matter leads to the consequences of a decrepit body.

We are reminded of this when we do silly things – like challenge a high school kid to a game of one-on-one after not having played basketball for a fortnight and a decade; or join in a pick-up game of football or other activity upon a dare, a challenge or an embarrassing invitation in the public’s realm of sight and sound; and though we may try and ignore the body that has advanced by the call of Nature’s echo, the reverberating results scream in the morning’s light as the human body resists the image beheld.

There are, of course, sad exceptions to the “youthful mind” counterpart – of dementia and early onset of cognitive deterioration; but of the decrepit mind, there is no offset, though by cosmetic surgery and other artificial means, we may fool the image reflected in the mirror to somewhat match that which is beheld in our minds.

It is this constant bifurcation and mind-body dissonance that allows for old men to act foolishly and young men to laugh uproariously.  Somehow, the disconnect between the youthful mind and decrepit body has never quite overcome the incommensurate nature of the two; but, then, perhaps that is why Aristotle’s primary focus was upon the rationality of man as the defining essence of his being, knowing that the far greater value resides in the area more populated by angels than by aging bones.

For the Federal employee and U.S. Postal worker who is getting ready to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or even CSRS Offset, the greater travail imposed by the mind-body problem may well come to the forefront in preparing one’s Statement of Disability on SF 3112A.

For, rare is the instance where either and both are not impacted, even in the case that the primary medical condition is psychiatric and not physical, and vice versa, if the focal illness is physical and not psychiatric.  For, the mind can be impacted in other ways beyond the formal diagnosis of a psychiatric condition – by loss of mental acuity, profound fatigue that goes beyond mere daily exhaustion; and how the two are intertwined may be important in later years if the U.S. Office of Personnel Management sends out a Medical Questionnaire and you are recovered physically, but not mentally, or again in reverse order, recovered mentally, but not physically.

In the end, the general rule of “normalcy” of having always a youthful mind while one’s body continues to become decrepit, can be defied only to a limited extend; but for the Federal or Postal employee who is seeking Federal Disability Retirement benefits, the interconnectedness of both is important to consider in preparing, formulating and filing an effective OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Peripheral Centrality

We often think that, by pushing the core importance of those matters out into the periphery, whether in our minds or in the practical application of daily living, by merely touching upon them we have attended to a relative extent in satisfaction for the time being.  Another way to put it is encompassed in the reference of kicking the proverbial can down the road into that distant and obscure future.

Centrality of necessities can only be pushed aside for so long; before you know it, they come back with a roar to crowd out those insignificant interests which are easier to focus upon, become pleasurable distractions, and tend to become magnified as representing greater significance and relevance than what their revealed status should deserve.

Distractions of daily living — perhaps a hobby, or following a sports team with greater exuberance than deserved; then, of course, there are the modes of virtual reality in modernity, of internet, video games and spawning friendships via Facebook, Twitter, etc.  At some point, however, the core of that which was pushed aside must come back and become the centrality of purpose it was always shouting out to be.

Pain, and the avoidance of pain, is somewhat akin to that.  For how long can a medical condition be disregarded, before the periphery to which we relegate it makes an end-run and becomes the central focus of one’s life?

For Federal employees and U.S. Postal workers who suffer from a medical condition, whether considering the impact of the medical condition upon one’s greater health and well-being has been ignored, pushed aside and relegated to the peripheral concerns of daily living — the centrality of its consequential residue must be considered at some point, and the remaining decisions about filing a 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, must become the option to entertain.

Filing for Federal Disability Retirement benefits through OPM is never an easy decision to make, and thus do we relegate such considerations into the outer periphery of one’s thoughts — until that day when reality cannot be escaped, distractions can no longer be delayed, and the centrality of our lives must come first.

Preparing, formulating and filing for Federal Disability Retirement benefits through OPM is a major decision which cannot remain in the peripheral accoutrements of a life; at some point, it must become the peripheral centrality of one’s decision-making process if you are a Federal or Postal employee whose medical condition has begun to prevent you from performing one or more of the essential elements of your Federal or Postal positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement from Federal Job due to Disabilities: Setting up the Contingency for Failure

We all engage in it, at times; and like the vertical clearance events, like the high jump, the measurement of the horizontal bar can make a difference by fractions of inches or centimeters, and where we place the bar will determine the outcome of failure or success.  “If X, then Y,” we whisper to ourselves daily; “If I am able to get through this day, then it shows that I am better, and…”

But medical conditions, especially, have an unique characteristic of skewing and distorting the predictable outcome; and, further, when human desire, unfettered by comparative milestones used as “reality checks” in order to keep contained the buoyancy of human wants, becomes part of the equation, the systematic self-deception can occur through setting up contingencies which will inevitably fail.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of “when” to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management (submitted first through one’s own agency Human Resource Office if not yet separated from Federal Service or, if separated, not for more than 31 days; but if separated, within 1 year of being separated from service, which is the Statute of Limitations in all Federal Disability Retirement cases, with some stringent and narrow exceptions) has often been influenced by the imposition of setting up multiple and linear series of contingencies, all of which were doomed for failure.

That is why the very filing of a Federal Disability Retirement application often becomes a “crisis” of sorts; for, as we desire things beyond our reach, and know that such events are unlikely to happen, so we continually engage in such fantasies of hope, despite the facts which face us, the yearnings which remain unfulfilled, and the loud signals which have become sirens emitted from our bodies and inner souls, screaming to change course before the collision of life’s disaster brings tumult and chaos beyond the nightmares of our own making.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: McKenna’s Pass

It was an old mining town, once boasting of a bustling main street, filled with commotion, commerce and conversation, where expectations of future success and advancement were brimming with hope and activity.  People said that it would always be the bellwether of the country; as McKenna’s Pass went, so goes the nation.

The origin of its name was somewhat in dispute.  Old Timers who harkened of past days of glory tried to inject their hoarse voices over the din of youth to get their two cents in, that the origination of the town’s name came from when the days of ore traders would pass through to cities of greater significance, and McKenna just happened to pause for a few days longer than most, and thus the designation.

Others of a more youthful persuasion attributed the misnomer and thought it concealed the darker side of the town’s council, where “Past” was grammatically mispronounced in their minds despite the prominent sign at the north entryway of the town; but then, who among those who live in a place ever notice the signs coming in?  Growth, future prospects and the promise of unceasing expectations would outpace even the greatest of cities.  “They’ll see,” was always the reply when doubts surfaced; always, there was a glint of mischief pervading, as if the “insiders” knew something beyond what the rest of the nation didn’t.

Somewhere along the line, something happened.  No one knows what, or how, or even when.  The first sign was the grocery store that closed; the owner’s wife suddenly died, and it was like the oxygen was sucked out of a vibrant life, and without warning an implosion left a devastation beyond repair.  Then, graffiti appeared; people never suspected the kids from their own neighborhoods, as the pride of McKenna’s Pass was beyond such acts of hooliganism.  Other towns and cities may have been ashamed of their residents and nefarious neighbors who engaged in untold acts in the dead of night; this town never had to look away, or so the thought was.  Then a gas explosion ripped through the Southwestern end of Main Street; rumors began to surface; the Town Council’s senior member resigned with charges of kickbacks.

Change was in the air; inevitably, future expectations once anticipated by youthful folly was butting heads with the reality of present circumstances.  People could smell the aroma of death or, if not such a dramatic and sudden cessation, certainly decay around the edges.

Medical conditions and changes in one’s future plans have a tendency to do just that.  For Federal employees and U.S. Postal workers who find that one’s invincible plans of latter years of youthful enthusiasm are now requiring the tinkering of repair and replacement, the view towards change can be merely a picture window needing an alteration of interior design.  Medical conditions can prompt the necessity for change; and while change is often difficult to accept and undertake, one cannot fight against those forces beyond one’s control.

When the Federal employee or the U.S. Postal worker begins to experience an inability to perform one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, it may be time to consider preparing, formulating and 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.

For, as the townspeople in McKenna’s Pass may have thought that the future would always be one of growth, advancement and greater achievement, the reality is that contraction often follows expansion, and the certitude that life never remains static is a truth where youth’s folly ignores the wisdom of ages, as the empty buildings and hollow passageways echoing of silent plans left unfulfilled reverberate through the once-promising days of a town we knew as “McKenna’s Pass”.

Sincerely,

Robert R. McGill, Esquire