FERS Medical Disability Retirement: The Happy Meter

It works best when no one takes notice.  Think about it:  When are you happiest?  Was it when you stopped what you were doing and asked the question, “Am I happy right now”?  Or, was it when you never noticed, never took note of it, but were simply engaged in the activity which brought you that joy and sense of carefree exuberance?

This modernity’s obsession which emotional quotients, the need to gauge one’s emotional “health” and the need to keep that smile plastered on one’s face at all times, lest others might judge you as being less than the acceptable needle-point resting on the western side of “acceptable” as opposed to the eastern side of “deliriously happy”.

The Happy Meter is a concoction of this modern obsession with happiness being a goal, as opposed to a byproduct of living life properly.  Of course, we don’t ever talk that way, anymore — Of how to live life; of what it takes to maneuver through the difficult phases of life; of disciplining one’s self to govern by rational intentionality the appetitive/emotional natures of our souls, etc.  Heck — we no longer even believe that we possess a soul, leaving aside trying to govern the lesser natures of that soul.

For Federal employees and U.S. Postal Service workers who are suffering from a medical condition where the medical condition doesn’t seem to arouse any empathy from your supervisors, coworkers or anyone at all in your agency, perhaps it is time to make a clean break and exit from your agency before your agency forces the exit upon you by proposing to remove you — by filing an effective Federal Disability Retirement application under FERS.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and perhaps you may be able to avoid altogether the fake smile you have had to paint upon a face which clearly would fail to register on The Happy Meter.

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 Worker Disability Retirement: The Patchwork Approach

It has come to be a sought-after item, often referred to as artistic and creative.  Like antiques which were once merely furniture used and other items daily utilized by others long ago, the patchwork quilt, blanket and other textile items put together from different fabrics and pieces from worn-out castaways — the remade product was an attempt to salvage the best of the worst, then put those sections together to make something new from the old.

Such an approach has also been applied in other disciplines and subjects — even in Federal or Postal Disability Retirement applications.  The Patchwork Approach is to put together whatever seems helpful, without any overriding conceptual umbrella or legal theory, approach, paradigm, etc., then sending it off to the U.S. Office of Personnel Management — somewhat akin to the “shotgun approach”.

But is that the best way to prepare an effective Federal Disability Retirement application under FERS?  Or, is the better approach to retain an attorney who specializes in Federal Disability Retirement Law and present a cogent, coherent and well-argued case, and to leave the patchwork approach for quaint Amish blankets?

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 Disability Retirement: The messes we make

We observe the facade and conclude too quickly: Others live perfect lives; mine?  What a mess it is.

Have we evaluated all circumstances in an objective, rational fashion?  Isn’t the corollary and natural next question to be: That “other” person — what does he or she see when observing me?  Does the same conclusion follow: The facade which reveals calm and competence — It is a life nearer to perfection than my own; mine?

And so the cycle of discordant irrationality continues to feed upon itself.  And, of course, the Internet only further enhances and exacerbates such folly — of Facebook and Instagram, where “perfect” lives are lived in a 1-dimensional existence; of selectively chosen photographs of perfect couples, perfect meals, perfect vacations and perfect existences are somehow depicted in appearances of perfect lives.  Then, the truth somehow leaks out — this person just got a divorce; that person committed a crime; the other “perfect” person was publicly doing this or that, etc.

It is funny, that phrase — of truth “leaking” out, like a cracked glass that slowly seeps with agonizing revelations or a pipe that drips until the flooded basement overflows with a deluge of falsity.

The messes we make are often mere minor anomalies; they become messes when we try and contain them, hide them and act as if ours is the only mess in the world because comparing messes never reveals anything; everyone hides well their own messes; we just think that everyone else is perfect.

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 messes we make are often a result of failing to act.  The Agency is no fool — they see the excessive use of SL and request for LWOP; or the loss of performance acceptability; or the loss of attendance continuity, etc.

Filing for Federal Disability Retirement benefits under FERS is not an admission of the messes we make; it is, instead, the truth behind the reality of the medical condition, and the real need to attend to one’s health, which should never be concealed, but openly acknowledged in order to move beyond.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal & Postal Workers: Faulty Choices

Of course, we all make them; the issue is one of containment, not of avoiding them altogether.  For, the corollary can be equally faulty:  Of indecision until and unless all conditions for perfection can be met.  In other words, the thwarted view that waits until everything is perfect: The perfect life; the perfect marriage; the perfect career; the perfect choice.  To wait for perfection is in and of itself an imperfect choice based upon a faulty choice; it is to let an unattainable end dominate an otherwise attainable goal.

But at what point does one determine that?  Yes, while not all of the information has been ascertained, and perhaps not all conditions met; nevertheless, will we proceed in doing X as opposed to Not-X and take the chance?  That is where “judgment” comes into play — of having the wisdom to make decisions based upon the available resources tapped.

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, faulty choices at the beginning of the process can have negative consequences foreseen and unforeseen.  The key is to limit the faulty choices, and the option to seek counsel and guidance is often the first choice in reaching an attainable goal of success.

In pursuing Federal Disability Retirement benefits, seek the advice and counsel of an experienced attorney who specializes in Federal Disability Retirement Law; to do so is to limit faulty choices, and that is often the key for a successful outcome in 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

 

Attorney Representation for OPM Disability Claims: Foundations

Foundations are important to every sound endeavor — or is such a statement a mere tautology of sorts, as “soundness” must by necessity involve a proper foundation, and foundations are by definition the basis of soundness?

We all recognize that, and expect that it is an universal principle; otherwise, we would stand over the constructio1n of every building, house or warehouse we entered, scour the blueprints and interrogate every worker having anything to do with the project before entering its premises.

That being the case, why do we so often disregard that principle when formulating 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?

Think about it: What is the “foundation” of a Federal Disability Retirement case?  Yes — it is the “disability”; otherwise, without it, there is no “case” to file.  And how is a “medical disability” proven to exist, and more importantly, proven to have a “nexus” with the Federal employee’s or Postal worker’s job?

And, yet, most Federal and Postal employees formulating and preparing a Federal Disability Retirement application simply drop off the SF 3112C (the Physician’s Statement Form), and expect that the medical doctor, the psychologist, the therapist or the chiropractor will follow the minutiae of the instructions on SF 3112C, and then submit it along with the rest of the application and forms without nary a glance at the content and substance of the submission.

Clear, concise and perfected guidance provided to the physician or other medical professionals establishes a strong foundation for every OPM Disability Retirement application, and if you — the Federal employee or U.S. Postal worker — have consulted with any attorney who does not state with a straightforward “yes” as to providing that sort of guidance and direction in formulating and establishing the very foundation of a Federal Disability Retirement application, you may want to reconsider who is advising you, who is providing counsel to you, and who is helping you formulate the foundations necessary for an effective FERS Disability Retirement application, to be submitted to OPM.

Sincerely,

Robert R. McGill, Esquire

 

The Genotype-phenotype Distinction and Disability Retirement Benefits for Federal and Postal Employees

The distinction is important in the study of genetics, where the genotype represents the entirety of one’s hereditary information contained in one’s DNA, whereas the phenotype represents the manifestation of that genetic heredity received and retained by any given individual. In simple terms, it is the inner/outer distinction, or in Aristotelian terms, the substance/accident representation, or further, in Platonic characterization, the form/appearance description of the world. It provides for a fascinating study of the theory of evolution, the plasticity and adaptability of a species, and the capacity of survivability within the greater context of environmental pressures and influences.

For the Federal employee and the Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability/inability to perform one or more of the essential elements of one’s positional duties, the concept of the genotype-phenotype distinction is peripherally interesting to understand, in the following way: The internal struggles eviscerating one’s capacity to perform the Federal or Postal job, will sometimes remain unobtrusive and lacking of evidence by all appearances.

The “phenotype” of a Federal Disability Retirement case may be represented by good performance reviews, lack of awareness by one’s supervisor, and an agency which fails to recognize the struggling Federal or Postal employee. The “genotype” is often the “inner” struggle, characterized by profound fatigue (how does one quantify cumulative exhaustion?), chronic pain (if only pain were color-coded, where white is on the lower spectrum and red is at the extreme end), the where the Federal or Postal employee pushes one’s self to the limit of absurdity until one is ready to collapse in an effort to perform the essential functions of one’s job.

The problem of appearance-versus-substance, or that which is seen as opposed to the hidden reality of a thing, is not a new or unique one. In the context of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, however, whether the Federal employee is under FERS or CSRS, and whether the Postal worker is under FERS or CSRS, it is important to make clear and bring to the surface that which is unrevealed, and that will normally come about through generating an excellent medical report from one’s treating doctor.

Ultimately, a Federal Disability Retirement application is based upon the medical opinion of one’s treating doctor, and the “genotype” of an effective Federal Retirement application must comply with the requirements of the law, the criteria for eligibility, and the expression of that genotype into a coherent representation in the form of a “phenotype” in the preparation, formulation and submission of a Federal Disability application, though OPM, whether one is under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Law: Leaving behind the Corybantic Dance Hall

Employment which fails to accommodate one’s disabling conditions is inherently and obviously detrimental to one’s health; when it exacerbates and further deteriorates, it is all the more time to consider parting ways.

Dancing is a medium of enjoyment and entertainment which is a passing cultural phenomena. The rhythm of two people in a constancy of coordinated steps and movements; the self-centered, egoistic age of the modern era denies the ability or capacity to engage in such in-tune embracing of efforts.

Ugliness, in contrast to the beauty of graceful dancing, is characterized by lack of coordination, stumbling, singularly separated movements lacking in attention to other motions; a self-centered continuum of disjointed gyrations. Agencies are like dance halls. Some are replete with coordinated rhythms of bodies moving, graceful in efficiency of stylistic constancy. Others reveal an ugliness and uncaring attitude, like two drunkards lost in worlds of self-pity and attending only to one’s selfish needs.

Federal employees, early in their careers, are invited to various dance halls, and the choices made may have changed over the years.  Perhaps the music has changed; there is a new DJ at the helm; or maybe the frenzied lack of gracefulness was less bothersome in one’s youth.  But at some point the dance hall itself, and the participants of such ugliness, have come to the fore, and it may just be time to leave it all behind.

Chronically ill Federal employees or injured U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, must sometimes leave behind the dance hall, the music, and the partners with whom one once danced.  Federal Disability Retirement is an option open at the exit door of the corybantic dance hall. It is an administrative process which is submitted to the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS or CSRS.

As time passes by, the frenzied antics of one’s youth may need to be left behind, and filing for Federal Disability Retirement benefits through OPM may be a necessity in order to attain a level of calm and quietude, away from the dance hall which contributes, exacerbates, or exponentially quantifies one’s medical conditions which need attending to in order to consider any future at all.

Sincerely,

Robert R. McGill, Esquire

Informational OPM Forms (SF 3107) versus Specific Content OPM Forms (SF 3112)

Categories are important in order to properly bifurcate, distinguish, identify and comprehend for effective satisfaction and completion. If such differentiated distinctions are not clearly understood, one can easily be lulled into responding to a specific-content question as if it is merely “informational” in nature.

Thus, for the Postal and Federal employee who is formulating responses to Standard Forms for purposes of filing for Federal Disability Retirement benefits, whether the Federal employee or Postal worker is under FERS or CSRS, the sequence of preparing for completion in providing satisfactory answers is important.

OPM form SF 3107 (the “SF” stands for “standard form”) requests basic, factual information data, such as the applicant’s name, address, agency information, marital status, whether and to what extent one wants to elect survivor’s benefits, etc. The accompanying form, Schedules A, B & C, requests further information regarding military service, whether time in the military was bought back, as well as any OWCP claims previously or currently submitted or received, etc.

Then, in preparing, formulating and filing for Federal Disability Retirement benefits, again whether one is under FERS or CSRS, the accompanying SF 3112 series must be completed and filed. One’s mental status and intellectual antenna, however, should immediately be placed on high alert when encountering and engaging the SF 3112 series of OPM forms. For, in this series of Standard Forms (SF 3112A, SF 3112B, SF 3112C, SF 3112D & SF 3112E), the distinguishing features should become immediately self-evident by the very nature of the questions queried. No longer are the forms merely requesting basic information; rather, interpretive considerations must be thoughtfully engaged.

Questions concerning one’s medical conditions; what medical conditions will be considered; whether one can later supplement the listing of medical conditions if further medical developments arise; whether there is room on the form itself for a full description and, if not, can a continuation of the form be attached; the impact upon the essential elements of one’s positional duties; what those essential elements are; and multiple other similar conundrums suddenly become presented, necessitating the switch from mere “information” to one of “specific content” directed by the change in the series of OPM forms from SF 3107 to SF 3112.

Paradigm shifts were made famous by Thomas Kuhn in his historically important work, The Structure of Scientific Revolutions. It is no less important to recognize that a paradigm shift is equally important in completing OPM Disability Retirement forms. While there is no book which guides the Federal or Postal employee, such as, “The Structure of Form-Filling Revolutions”, the identification and recognition that filing for Federal Disability Retirement benefits requires an acuity of mind in filling out OPM forms, is an important step in reaching a successful outcome.

Sincerely,

Robert R. McGill, Esquire