Tag Archives: fers disability and va doctors who won’t cooperate

FERS Disability Retirement Benefits: Troubled Life

Is it a redundancy and a tautology to put the two words together?  For, one may assume that every life is “troubled”, and everything in the universe that is troubled involves a “life”.  So, if one concept necessarily entails another, why do we even have to bother to explicitly point out the co-dependent concept?  Thus would one say if you hear the word, “Life”.  Oh, then it must be troubled.  Or, if you heard someone mention that there was “trouble” in such and such a place, you would merely add, “Oh, yes, there must be a live person there, then.”

Of course, one could argue that the reason why we must clarify one concept with another is because (A) A different and separate concept can also be attached to the other word and (B) It is not necessarily so that an if-then conditional exists — meaning thereby that there are, arguably, “untroubled” lives as well, as least for brief moments in the life of an individual.  As one pastor was heard to say long ago, however: “Where there are people, there are problems.”  True enough.

To live a life for any length of time is by necessity to encounter problems and troubles; for, that is the nature of human existence.

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 or more of the essential elements of one’s Federal or Postal job, “trouble” becomes exponentially pronounced because of the impact upon one’s life that a medical condition necessarily brings.

Filing a Federal Disability Retirement application under FERS, of course, can often mitigate the trouble and help one live a life that is less troubled, by allowing the Federal or Postal employee to focus more upon one’s health and less upon the adversarial nature and friction which arises from one’s inability to perform all of the essential elements of one’s Federal or Postal job.

Consult with a Federal Disability Retirement Attorney to discuss the possibility of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, and see whether or not “trouble” does not necessarily have to entail “life”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employment Medical Retirement Benefits: Answering

There are a wide-ranging set of rules when answering — whether to a question, a query or the need to rebut a determination of some sort.  Etiquette often plays a large part in social situations; or of common conventions and unspoken rules of interpersonal interactions.  Different situations call for tailored responses, and often we confuse one sphere of responsive need with another. “Do I owe an explanation” often depends upon the circumstances — the status between the query and the deposed; the relationship fostered; whether there would be consequences in failing to provide an answer, etc.  Then, of course, there is the issue of timeliness.

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 or more of the essential elements of one’s Federal or Postal job, much of filing for Federal Disability Retirement benefits is a matter of answering questions — questions posed by the U.S. Office of Personnel Management on Standard Forms 3107 and 3112.  How one answers the questions; what answers are formulated; when to file a response; where to file the response — they are all relevant in preparing an effective FERS Disability Retirement application.

Consult with a Federal Disability Retirement Attorney who specializes in Federal Employees Retirement System (FERS) Laws and set the path of “answering” not only in the right way, but in an effective manner in preparing, formulating and filing a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Systematic Preparation

Can a project be well-prepared if there is no “system” in place?  Do we trust, for example, a construction firm who goes about their business without a blueprint?  If you ask of the firm, “Well, can we see some examples?” or “Can you provide a rendition of what kind of a house you plan on building?” — what would you think if the answer came back with: “Oh, don’t worry, it will have a roof, a couple of bedrooms and a kitchen.” Is that a satisfactory answer? Or, would you want to see that a firm foundation is first built, and that a systematic methodology of preparing, then initiating the building project will proceed in accordance with a previously agreed-upon blueprint of the archetype of the product proposed?

To that end, shouldn’t you be able to speak to the lead architect, at some point, and not merely be sloughed off to salesmen, administrative support staff and other office workers who may be very helpful, but are not the ones who will “head” the project?

Similarly, if you call a law firm, shouldn’t you be speaking with the lawyer him/herself, instead of a secretary, paralegal or some other “disability specialist” whom you believe you are hiring, but you never seem to get a hold of?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a point where it/they prevent the Federal or Postal employee from performing one or more the essential elements of one’s Federal or Postal job, the necessity in filing for Federal Disability Retirement benefits is often an option which is unavoidable.  That being said, do you want to proceed down the administratively complex process of Federal Disability Retirement without a systematized methodology of preparation?

Consulting with an attorney who specializes in obtaining Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a good first step in gaining a blueprint on how to proceed; just be careful that you don’t hire a law firm that merely has all of its “underlings” do the important work of the systematic preparation, and moreover, it is important to inquire as to what kind of approach the attorney has in moving forward to win a Federal Disability Retirement benefit, for you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Analogies

It is the greater concept often developed through metaphors and similes; but to the extent they are now of use depends largely upon the shared cultural context within which we live.  If Classical literature is no longer the common thread of meaningful discourse, can references to them in creating analogies work?  To share that a person’s tragedy is more Shakespeare than Milton, or that the individual’s circumstances remind one more akin to The Road to Wigan Pier than Brideshead Revisited, can such conversations take on a relevant pathway if the intellectual divide fails to be crossed?

You can, of course, always Google and quickly get the quick rundown of the literary reference through electronic Spark Notes, or some other venue of shortcutting the arduous endeavor reserved in former times; but even that may reveal an inadequacy that cannot be overcome.  For, of what part of the book or author is being referred to?  Is it any particular play or poem, or the entirety of the work itself?  Is it any specific character or scene?

Some philosophers have posited that, by and large, we comprehend and make sense of the objective world through the use of analogies, built upon by metaphors and similes; for, language itself is a conglomerate of such literary devices.  To face the universe purely for survival’s sake is to forego the need for imposing the ordering through language; animals do not require it, but in the most rudimentary of mechanisms that advance warning signs and preemptive communications; it is only in the arena of human constructs where categorical imperatives need to be assigned in order to filter the world into more palatable and circumscribed entities for processing the complexities we have created.

Analogies thus communicate through the medium of shared conceptual constructs, where we draw in the recipient and spectator, the audience of our targeted comparisons, by relating a shared, known and familiar encapsulation of linguistic constructs.  It is only when the strangeness of the metaphor, the unfamiliarity of the reference, creates further puzzlement and loss of connection, that problems occur and relationships become fissures of language games gone awry.

For Federal employees and U.S. Postal employees 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 positional duties, the applicability of providing a foundational construct of relating one’s story to an “administrative specialist” at the U.S. Office of Personnel Management will often involve – and require – analogies by default.

Use them sparingly; utilize discretion; and, in writing up one’s narrative in response to the questions posed on SF 3112A (Applicant’s Statement of Disability), remember that this is not the time, the context or the best place to try out radical, untested metaphors, similes or analogies.

Thus, while those who have read Orwell’s work, The Road to Wigan Pier, as well as Waugh’s Brideshead Revisited, may find a clever and appropriate place in one’s Applicant’s Statement of Disability to make some brilliant literary reference, it may be more prudent to stick to the medical facts and incorporate those supportive documents in dealing with analogies of life, health, and the nexus between the latter and one’s Federal or Postal job duties.

Sincerely,

Robert R. McGill, Esquire