Tag Archives: how to write a good fers disability statement narrative

OPM Disability Retirement under FERS: The Price We Pay

We don’t.  It used to be.  Not anymore.  Or, at least, not much.  Time was, if a military officer fraternized with an enlisted individual, the officer’s career was all but over.  Or, ages ago, if a CEO of a company divorced, there was a price to pay.  Hollywood stars took great pains to hide their infidelities, for the “public image” was all-important.

What price do we pay, these days?  Are there any restrictions, any constraints, any boundaries?

We criticize China because of their authoritarian state, but can you imagine what kind of country it would be if a country with 1.4 billion people had the homelessness population we have, the rate of suicide we have, the extent of mass shootings we have, the extent of mental health crisis we have, etc.?  It is all well and good to tout “freedom”, but at what price?

Freedom and liberty are all well and good, but they work only within the context of responsibilities and shared obligations, which we no longer believe in.  In this post-factual world, where the words one proffer need not match the actions one engages in, there is no price to pay.  If you do something wrong, you merely need to disappear for a while and reinvent yourself.

For Federal workers and U.S. Postal employees who suffer from a medical condition, however, the price you pay is by your health.  The stresses of modernity, the health issues which magnify and become exacerbated with age, the deterioration into chronicity when once a medical condition was thought to be manageable — these are the basis of being eligible for Federal Disability Retirement benefits through the Office of Personnel Management under FERS.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, exclusively, and consider the price you have paid, and the price which OPM and the government should pay you in order to compensate you for your loyalty.

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: Did Anyone Ask Me?

Being powerless is the plight of most; feeling powerless, the reality with few exceptions.  Even the wealthiest of the world have limited control; for, a devastating illness can in an instant make one’s wealth irrelevant, if not a burden.  And of the world in which we abide in — did anyone ever ask me whether or not this is the pathway I wanted to construct?

Did anyone ask me whether the creation of the personal computer, of emails and attachments being sent electronically; of social media where kids no longer engage in the real world but merely through virtual means; of endless wars and school shootings; of geopolitical decisions, worldwide inflation and shortage of goods and services — Did anyone ever stop and ask me whether decisions made at world conferences was what I wanted?  No — and no one ever will.

But there are certain levels of decision-making — of questions which must be asked and can only be answered by the individuals — which can and must be taken hold by specific individuals.  Such as: Preparing, formulating and filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Only the Federal and Postal worker who has been impacted by a disabling medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job can answer the question: Do I need to file for Federal Disability Retirement benefits under FERS?

So — while the rest of the world’s questions are often never asked of most individuals, there are some which are, and for help in answering those important questions, contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, where in the end, you can answer “yes” to the question, Did Anyone Ask Me?

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 Medical Disability Retirement under FERS: Smart People

They are all around us.  The ones who claim to be often are not; the ones who are identified by others as such often think too highly of themselves, so that their own opinions of themselves have undermined the very ascription of the identifying feature; and those who really are seem to be taken in with the self-identification, and have become aloof, arrogant and overwhelmed by self-importance.

Being smart is one thing; being smart and possessing other attributes — like kindness, empathy, having a conscience or just showing a concern for others — is quite another.  Humility is a character trait which is fast disappearing in this world.  These days, being “smart” carries very little significance, as there appear to be smart people everywhere.

Perhaps you are smart.  Perhaps you are surrounded by smart people.  That is well and good.  But for the Federal employee or U.S. Postal worker who begins to 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 his or her job, being smart and being surrounded by smart people becomes less of a factor in life.

Life is a matter of proper perspectives.  Being smart in the face of deteriorating health grants you nothing extra, and when you need to file for Federal Disability Retirement benefits, you will likely find that your Agency or Postal facility — which are filled with smart people — are also some of the meanest and self-centered people you have ever met.

Call a Federal Disability Retirement Lawyer and dispel the notion that being “smart” is what is important; there are, to be sure, more important attributes to consider.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employee Disability Retirement: Sequential Arrangement

If an individual was about to move into a home or an apartment, but the place needed a fresh coat of paint, would you advise that person to move all of his or her furniture into the place first, then paint the place — or first paint the place, then move in?

The question seems rather redundantly unnecessary, and the answer rather redundantly obvious; but, then, if one doesn’t think about the sequential arrangement of tasks to be accomplished, or even that the person in question simply has had no experience in such matters, perhaps the obvious must be pointed out for its logical consequences.  Clearly, it would make things easier to paint an empty premises as opposed to having the place cluttered with furniture and knick-knacks, exposing everything to paint droppings and just to even consider the logistical nightmare of trying to paint around a cluttered apartment or home full of furniture, etc.

Sequential arrangement is important in most matters — which should be done first; what needs to be accomplished as a preface to the step following, etc.

For Federal and Postal employees contemplating Federal Disability Retirement as an option to pursue, the fact that the forms presented — both the Standard Form 3107 series as well as the SF 3112 series — come in a sequence does NOT mean that you should complete them in the sequence arranged by the Federal Government.  Sequence is important because the information you provide depends upon the previous information you have gathered, and the sequence of such information is important and relevant in preventing any developing inconsistencies.  Just because SF 3107 and SF 3112 come in a neat and tidy packet arranged in a sequential manner does not mean that the sequential arrangement should be followed.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and discuss the sequential arrangement of steps to follow that will benefit your particular case, and not the case that can be made against you by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

 

Attorney for OPM Disability Retirement Claims: Confessions & public domains

Why is it that confessions and public domains represent a relief of sorts, an expiation of self-contained guilt and a sense of “righting” a wrong?  In Catholicism, confession holds a prominent place in the liturgy of that which constitutes a faithful observant; in crime novels, the taunting serial criminal is said to subconsciously “want” to confess to the crime, and leave multiple fingerprints at the scene of each devastating incident in an effort to provide a trail of enough clues to ultimately lead to his or her arrest, thus in effect “confessing” to each of the acts of psychologically diabolical intrigues; and for the ordinary person, there is added stress to the body when one refuses to confess to the public domains of one’s life, those “inner” thoughts that are somehow anathema to the acceptance of behavior in the “outer” universe of public discourse.

That conflict between one’s “true” identity as encompassed by the insular universe of one’s private thoughts and the appearance of one’s character in the public domain — what some would call the hypocritical tug-and-pull of reality-versus-appearance, or of what others would admit is comprised by the true essence of man as opposed to the public face that hides the inner soul.

Whatever the origin, truth or appearance of the matter, what we often discover is that there is, indeed, a certain sense of relief in making a confession within the public domain — whether that is satisfied by talking confidentially to a close friend (which is somewhat of an anomaly in and of itself — of merely confiding with another and creating a conspiracy of two instead of one), making a public pronouncement; “confessing” to one’s spouse; going to a group therapy session and admitting to things in front of that collection of individuals; and other similar acts that somehow expiate the inner turmoil of one’s soul.

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, preparing an effective Federal Disability Retirement application and actually filing it with the Agency or the Postal Service, then on to the U.S. Office of Personnel Management, is somewhat akin to making a “confession” in the public domain.

Part of the greater stresses of continuing on in this mode of secrecy — of trying to “mask” the medical condition from one’s Federal Agency or the Postal facility for fear of retaliation or harassment — is actually relieved by the “confession” of preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and it is in the “public domain” of the U.S. Office of Personnel Management, or better known by its acronym, OPM, that one finally begins the long and arduous trek of regaining one’s health, by tapping into that traditional method of confessions & the public domains of life’s priestly expiation of the inner sanctum of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The elixir of life

Is the substance we expunge necessarily the opposite of the positive?  Does the mere fact of expiation denote that which is unwanted, or merely no longer of utility?

In ancient times, an elixir was considered to be a substance of great desirability; it possessed multiple meanings, including a reference to that substance which was used in alchemy to alter base-metals into the gleaming riches of the natural order found deep beneath the chasms of the earth – gold.  Or, alternatively, it meant the potion or mysterious concoction that prolonged and extended life into an eternity of ecstasy; and in other definitions, a curative medicine that attended to all diseases, corrected every malady felt and balanced the unbalanced humors within the human body.

A further meaning has encompassed the concept of an essential principle – that core of something that provides an Aristotelian connection of all first causes such that when one discovers and comprehends the elixir of life, one has attained a pinnacle of wisdom next to the gods who otherwise mock the foolishness of human suffering and striving.  But back to the original query: What about the waste that is squeezed from the substance we desire – of human detritus, urine, scatological excretions and the leftovers of those thought to be unproductive; are they not necessary in that, without the capacity to expiate, it would rot within the cavities of the human tissue and destroy the very fabric that retains them?

We often fail, at the expense and detriment of our own thoughtlessness, to consider an inversion category of the original posit; we accept, at face value, that human functions of expiation and riddance constitutes just that – of throwing away, expunging, extricating and discarding – as a categorization we simplify into elementary concepts: what we consume and embrace is “good”, and that which we expiate is “bad”.

Thus do we build toilets in unassuming locations within a residence; outhouses are just that – some dilapidated structure constructed away from the home, and somewhat upwind from the wind currents that carry the daily odors of life’s contrariness.  But is that the proper way to view things?  Should we not, instead, liken our activities to that which a messianic proverb once elicited: How we treat the least among us reflects the true character of our inner nature?

Inversion thinking is a process that is too often overlooked, and because of this, we often walk through life passing by opportunities and gifts otherwise there to be accepted.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for one to continue with the present course of a Federal or Postal career, it was once believed that the elixir of life was intricately wrapped up in continuing the Federal or Postal job because it allowed for a certain career, standard of living and measure of self-worth.

This is where inversion thinking needs to be considered.  For, at what cost, and what price to be paid?

Preparing 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 often a necessary step in order to attain a level of continence such that the proper balance and focus can be reached – of one’s health, as opposed to continuing in a job that has become harmful; of separating from Federal Service or the Postal facility in order to escape from the daily harassment of somehow being “lesser” because of one’s medical condition; and all of the other garbage that is thrown at the Federal or Postal employee who suffers from a medical condition.

For, the elixir of life is not always that substance we thought was the pathway to a mythological fountain of youth, but an inversion of that thought – of removing, as opposed to taking more on; of separating, in contradistinction to enduring the pain; and of expiating, in contrast to accepting.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Answering Questions

How do we come to learn how to do it?  Certainly, we come across certain eccentric individuals who defy every conventional norm, and somehow manage to appear as if they have done what otherwise we recognize as not having been completed.

Have you ever come across someone who just isn’t “quite right” – such that, when you ask a question, the tangents that flood forth and the meandering thought processes make it an arbitrary conclusion as to whether it was the specific question asked that prompted the incommensurate response, or just the mere fact of a tonal posit of a question-like query that compelled a verbal reaction, even if it has nothing to do with the substance of the question itself?

How do children learn how to answer questions?  Is it natural; is there a systematized process of acceptability; is it taught in any course with a heading like, “Elementary Basics 101: How to answer a question”; and do we presume that acceptable and normative constraints are just learned effortlessly?  Certainly, the classical educational approach of dialectical methodologies – of a question posited; raised hands, chosen orders and an answer provided; then the reinforced positive feedback by the teacher in either affirming or rejecting the response – is an approach that somewhat answers the mystery.

But what of that “weird” kid?  The one where the teacher asks:  “Is the earth round or flat?”  The kid answers:  “That is an oversimplification, as the geometrical constructs require a perspective that betrays ignorance of quantum physics, where flatness is a relative concept to roundness, and vice versa.”  Now, one may smile and wonder whether, perhaps such a child prodigy reveals an intelligence quotient beyond his age or class assignment, but all the rest of the kids would just roll their eyes about as the class bullies await for recess hour in order to beat that kid to a pulp.

But was the question answered, and to that end, satisfactorily?  Or, what if another kid, perhaps half-daydreaming, suddenly blurts, “It’s blue!  It’s blue!”  Did that kid answer it any less adequately than the first?  How do we learn to answer questions?

What if the questions are essentially legalese and incomprehensible, or of a “tricky” nature and makes one pause before moving forward?  Do questions posed, for instance, by law enforcement officials evoke greater caution (as in, “To the best of my recollection…”), and if so, why?  Is it because the stakes may be higher and the suspicion of the double entendre is always there?  Which brings us to the problem of Federal Disability Retirement applications, and specifically SF 3112A – Applicant’s Statement of Disability.

The questions posed on the Standard Form 3112A seem simple enough; but simplicity does not necessarily mean straightforward, and indeed, when a Federal or Postal employee is completing SF 3112A, it is best to go back to fundamentals and ask yourself, How did I learn to answer questions, and are these questions the type that may need additional help, because – though they may seem simple enough and not quite in legalese – there is some trickiness in the very simplicity of the query.

And it is the rule to remember, that the simplest questions require the greatest pause, where suspicion will warrant a more extensive pondering of reflective repose.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The hospital bed

It is a lonely and demoralizing state of affairs; they poke, prod and insist upon ruling out every sector of one’s body as the culprit of diagnosed maladies.  The hospital bed is a barbaric contraption next to a mediaeval torture chamber, and one can only imagine what such inventions were like in those olden days, when antiseptic means meant the possibility of washing one’s hands every now and again, and where pain and death were part of everyday living.

It reminds us, above all, of our own vulnerability and mortality; and what a blessing health and life are.

Oh, it is true – we take such issues for granted, and barely get beyond the tripe and inane statements like, “Oh, health is such a blessing,” or, “We are so thankful for our health.”  It is when one is in the hospital, alone in a bed, in the darkness of those twilight hours, that the reality of one’s own Being is revealed:  the projects we cling to; the significance we place upon the work we perform; and the extra credit we think we deserve when we work late into the wee hours.

We have heard all of those wise remarks, either in novels, essays or even movies:  On your epitaph, you do not get a special mention for ignoring your health.  Work is great, but that needs to be placed in its proper perspective.  The projects we engage and embrace – is it, as Heidegger reminds us, merely a means to avoid the inevitable outcome of our fate?  Do the gods laugh from above, pointing to our mortality and the fruitless attempts we cling to in order to avoid facing our future?

It is, in the end, the hospital bed that reminds us starkly of who we are, where we are heading, and what this all will mean.

Retirement is not meant to be a time to spend in a hospital bed; Disability Retirement is not meant to be filed at a point when a Federal or Postal employee is so debilitated that once it is approved by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, that one merely “retires” to a hospital bed.  It is, instead, a system whereby a person is recognized to no longer be able to perform some of the essential elements of one’s job, but that there is an implicit understanding that there can be a time in the future where productivity can be applied to a different vocation or another career.

Yes, there are jokes that abound – of Federal Disability Retirement annuitants being Walmart Greeters or engaged in other similarly menial and lesser jobs, but those are not the only stories to tell.  There are many Federal annuitants who have found private sector jobs where the pay scale comes perilously close to the 80% limit – and, while that can be a problem, isn’t that a “good” problem to have?

Filing for Federal Disability Retirement benefits does not require the “higher” standard of being debilitated or “totally disabled”; rather, it is a standard which recognizes that there is an inconsistency between the position one occupies, and the medical conditions from which one suffers.  If consideration in filing is arrived at in a hospital bed, it is still not too late; but a reminder it is, and the next steps are to begin the long and complicated process of preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS/CSRS: Perfect lives

Where are they?  Beyond Platonic Forms and heavenly orbs where the golden dust sparingly sprinkled from the wings of angels in flight, do perfect lives exist and, if so, where?  We can suspend disbelief and fantasize of celebrities and the lives of Wall Street wolves with their mansions, beautiful bodies and facial grimaces so tightened by plastic surgery as to make smiling an exertion of monumental phenomena; but, in the end, we all realize that the pinnacle of human achievement is but another endeavor of human fallacy, and never approaching the omniscience of an Aristotelian Unmoved Mover.

If we posit that perfect lives do not exist, then does that vanquish the argument for perfection even of relevance in conceptual or hypothetical argumentation?  If that, then why strive for betterment at all, if there is no standard to which one should attempt to reach?  If everything is merely relative, how can we compare a relativity devoid of standards upon a non-existent spectrum between good, better and best?

Perfection, of course, for the obsessed, can be paralyzing, precisely because a further amendment, another change, an additional revision, can always arguably make it “more perfect” than not, and therefore one can be left swimming amidst the toxicity of a never-ending eternity of perfecting the imperfections that can never achieve perfection.

For Federal employees and U.S. Postal workers who are preparing an imperfect Federal OPM Disability Retirement application, to be submitted first through one’s agency and the Human Resource Office (if still with the agency or, even if separated, not for more than 31 days), then on to the U.S. Office of Personnel Management, be wary of becoming immobilized because you are unable to reach a standard of perfection that will “guarantee” a First Stage Success.

Life never allows for guarantees, leaving aside perfection in an imperfect world.  Administrative and bureaucratic procedures mirror life itself:  OPM’s imperfect methodology of human engagement in determining the validity of a Federal Disability Retirement application is simply another component within life’s vast array of imperfection.

The key in preparing a Federal Disability Retirement application is not whether the Federal Disability Retirement packet is “perfectly” compiled, but the more relevant question:  Is it an effective Federal Disability Retirement application, with the components included of a persuasive narrative, a strong legal argument, and a methodology which includes a roadmap for the U.S. Office of Personnel Management to approve the Federal Disability Retirement application?

Sincerely,

Robert R. McGill, Esquire