Tag Archives: fers opm usps disability attorney

OPM Disability Retirement: The Wake-up Call

It can be requested pursuant to a prior arrangement or, with today’s technology, prewired on one’s own electronic device.  Time was when there existed an employed switchboard operator sitting in front of a pock-marked surface deftly inserting plugs of a dozen or more connections simultaneously, like an octopus whose coordinated extremities swirl about under and over with cross-purposed entanglements, pulling and inserting, with headphones half dangling, calmly stating, “This is your wakeup call.  Have a good morning!”

Then, of course, there is the other, more unwelcome meaning, of a negative connotation concerning an event or occurrence which portends of that which one may have always known, but only now realizes because of the impending doom.

For Federal employees and U.S. Postal workers, it may be the chronicity of the medical condition; or, the increasing outside pressures continuing to pile on, of leave-usage restrictions, suspension letters, placing you on a PIP, or the ultimate proposal of removal.

Whatever the proverbial wake-up call, it is time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.   The call itself is merely the beginning of the process; there is the entirety and complexity to undergo, including the gathering of the compendium of medical documentation, the formulation of one’s Statement of Disability and the coordinating of all of the elements of the case, and then the submission and waiting.

The bureaucratic and administrative components of the process can sometimes appear to be archaic and somewhat anachronistic; but like the switchboard operator of yesteryear, the necessity of the service is never in doubt; it is merely the apparatus of change which remains relevant, and properly, and effectively preparing, formulating and filing for Federal Disability Retirement benefits is a mandate of action compelled by the wakeup call entitled “Life and the inevitability of change“.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

 

Federal Disability Retirement Law: Loss of Meaning

What it is that motivates a person to achieve greatness; whether the factor of that which does, or purports to be, and to what extent the outward articulation of the elements of a driving force corresponds with the esoterically objective truth underlying the learned and expected statements for public consumption; these, we may never know.

Most of us engage in repetitive monotony of actions; whether by fear of societal retribution, the judgment of peers, a sense of responsibility and obligation; or, perhaps even by sheer ignorance and stupidity, where the instinctive drive is merely based upon the base hunger for accumulation of material objects; as self-reflection is rarely a consideration of serious intent, so the onset of what some deem a mid-life crisis is often nothing more than a pause in unthinking acts of greater thoughtless chasms in void and vacuity.

Medical conditions, and the impact of a debilitating injury or disease, can be the prompting nudge for change and upheaval. Whether because a medical condition forces one to consider a redistribution of life’s priorities, or merely because they interrupt the capacity and ability to continue in an unthinking manner; regardless of the motive, change becomes an inevitable consequence of an unexpected medical condition.

For Federal employees and 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 positional duties, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Worker is under FERS, CSRS or CSRS Offset, is an option of limited choice.

For, as the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, so the dependency upon the agency to provide a “reasonable accommodation” is ultimately an act of futility.  “Reasonable accommodation” is merely that which is accorded in order to perform all of the essential elements of the job; it does not do away with any of the elements, and thus is rarely conceivable, and practically impossible to implement.

Federal and Postal workers who are prevented from performing one or more of the essential elements of one’s job, at least have the option of filing for Federal Disability Retirement benefits. Many in the private sector have no such benefit, and are thus left to disparate means and desperate devices.  Often, the onset of a health condition becomes a crisis of meaning, where the medical condition itself compels the Federal or Postal worker to question the meaning and value of one’s work and accomplishments.  But the loss of meaning need not occur as a necessary or inevitable consequence.

Federal Disability Retirement accords an opportunity of a second bite at the proverbial apple; there is life after Federal Medical Retirement for those who get beyond the long and arduous bureaucratic process, and the meaning of one’s existence need not be the harbinger of fate, but merely a door opened for future endeavors of thoughtful exercises and prioritizing of values.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Light & Darkness

Darkness is the absence of light; and whether “black” is a color, or the complete expungement or its very opposite, the aggregation and mixture of all colors into a single cauldron of rainbows, is a concept often debated, based upon philosophical paradigms of objective criteria.  But darkness is not the same as color, or the lack thereof; rather, it points to the subjective capacity to perceive; and thus do we attribute the word, the concept, and the ideation not only to sight, but to moods and feelings.  And of its antithesis, do we embrace a similitude:  of lightness of being, having light-headedness, and of metaphors involving shining bright lights upon dark corners of moods and metabolic disturbances.

Medical conditions and situations which entrap moods and mental mindsets, are often enveloped in what can only be described as “darkness”.  One may discount and serve with ironic suspicion the use of anthropomorphic metaphors and analogies to describe circumstances and moods of pervasive negations, but the fact is that the mode of communication we primarily use — of linguistic tools through words and stringing together of words — can sometimes only inadequately express the profound and overwhelming sense of one’s being.  “Darkness” and escape from such a situation through the shining of light, is a concept which individuals understand when medical conditions, whether chronic pain and physical debilitation or psychiatric measures of depression, anxiety, panic attacks, etc., impact one’s life in untold ways.

Federal employees and U.S. Postal workers who suffer from medical conditions, where the medical condition prevents one from performing one or more of the essential elements of one’s job, know well the mood of darkness — of the insecurity because of one’s employment, and sense of foreboding because the end of one’s career is within sight of a shortened plateau of accomplishments.  And what will the future hold?  What will my family, friends, and peers think of me?  I am not doing this to “game” the system, but because it is necessary to preserve what is left of me; but will others understand?

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a traumatic event in and of itself; it is, as the proverbial concept implies, a darkness in a period of one’s life; and until an approval is received from the U.S. Office of Personnel Management determining the validity and acceptance of a Federal Disability Retirement application, such darkness will only squeeze out any potentiality of a lightness of being.

For, “light” is not merely the opposite of “darkness”, nor darkness the pure expungement of light; rather, the one follows upon the other when a recognition of awareness is achieved, that the flowing stream from a hidden spring of hope can only be tasted when the trickling water finds its way down rocky paths to the tributary of life’s meaning which is unraveled for significance and unconcealed mysteries of human suffering.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Purposeful Statement

Some narratives are written for the pure beauty of style and art; quiet in tenor, like the bamboo hollow whistling in the serenity of a morning breeze as the sun reaches the crest of the distant mountains, the place where wizards and warlords gather in solemn conferences around a fireplace of cooling ashes.  Then, there are informational pieces — direct lines of communication, shot at the reader like an arrow and with words to pierce the intended audience.

One’s Statement of Disability, written for purposes of inclusion in a Federal Disability Retirement application by the Federal employee or the U.S. Postal worker, and whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; the admixture of history, story, situation and persuasive argumentation, constitutes the purposeful narrative.  Stories reveal a truism; in the classical sense, a conflict, and an unfolding until it reaches a pinnacle of a resolution.

A statement of disability, written in response to questions posed by the U.S. Office of Personnel Management on Standard Form 3112A, may not yet have a resolution; otherwise, the need for filing for Federal Disability Retirement benefits would be somewhat meaningless.

But be not fooled; the narrative as delineated on SF 3112A, in the Applicant’s Statement of Disability, is a story filled with compelling drama and mixed with facts, circumstances, and contextual significance, no less than the great works of literature or the purposeful articles in technical journals and compendiums of esoteric writings; it is just that the particular narration as detailed on SF 3112A pinpoints a select audience, and is written from the soul of a Federal or Postal employee,  reaching out to a nameless bureaucracy in a world where numbers are assigned to faceless and nameless workers who have toiled for years without accolades and ceremonies, but where need is the basis of the written statement submitted for an approval from the U.S. Office of Personnel Management.