Tag Archives: legal assistance standard form 3112 for disability

FERS Medical Retirement: The World of Yesterday

Yesterday was the day before the medical condition made its introduction; the day prior to having to acknowledge its existence, its impacts or its chronic appearance; the day just when complaining about life’s missteps and unfairness seems now so trivial and far off the mark of justified sequences; and it is the day now in the near past, yet so distant in significance or of memories retained of better times when laughter would echo with sincere, heartfelt exuberance until today came along with the baggage of the world of yesterday.

Yesterday is the time we romanticized, of better times, more upstanding people seemed to populate the earth, and though there were still crimes committed, hearts broken and promises left unkept, nevertheless we insist that the world of yesterday was better than today, and tomorrow, bleaker yet except in small puddles of hopeful naïveté left abandoned in the palms of begging children outstretched to ask for alms of forgiveness never to be recognized except in shuttered side streets where mud, recklessness and poverty-stricken families with eyes staring vacantly from gaunt looks remain in silent alcoves of painful remorses.

The World of Yesterday is what we remember, that which we long for, and to which we direct our conversations, thus averting our eyes away from the reality of today, the ugliness of tomorrow and the hopelessness of the day after.  It is what makes us pause, justifies our procrastination and makes pudding out of venerated food items that are left on the shelves to rot and decay.

For Federal Gov. employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the World of Yesterday was when the chronic medical condition could be tolerated, hidden, ignored or “dealt with” — but we must always live in the world of today in order to prepare for the world of many tomorrows, and to do so, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management (OPM), whether the Federal employee or Postal Service worker is under FERS, CSRS or CSRS Offset, becomes a necessity, lest the World of Yesterday consumes the World of Today and subverts the many worlds of all the tomorrows which are yet to come.

Sincerely,

Robert R. McGill, Esquire
Attorney exclusively representing Federal and Postal employees to secure their FERS Medical Retirement benefits from the U.S. Office of Personnel Management.

 

FERS Employee Medical Retirement: Sticking Out

Like a sore thumb; or, merely embodying a strangeness.  In traditional societies, conformity is the normative value: to not be a part of the herd is to make yourself a part of the outcast, and thus to deliberately deny yourself the benefits granted to you by your own community.  “Sticking out” has become the normative value in our society; and by becoming so prevalent, strangeness has become non-strangeness, sticking out has become the normal everyman, and thus has uniqueness become normal and everyday.

Moynihan spoke in the early 60s about dumbing down deviancy, to the point where — today — sticking out like a sore thumb is no more unique than school shootings or weekend murders.  Why do we need to stick out?  What is the unstated need so prevalent in this country?  Why must individualism be defined by appearance — a standard which goes against the grain of Plato and Western Philosophy, where substantive truth was always preferred over the mere appearance of things?

For Federal Gov. employees and U.S. Postal workers who have come to a point where preparing an effective Federal Disability Retirement application under the  FERS system has become a necessity, for so long, you have attempted NOT to be the one sticking out; and, instead, you have tried to hide your “uniqueness” — that chronic health condition which has steadily and progressively deteriorated your health conditions.

This may turn out to hurt you.  For, this is the one time when “sticking out” helps your disability retirement application — i.e., sticking out in not being able to do your job; sticking out in taking too much sick leave; sticking out to your supervisors in not being able to complete assigned projects, etc.

If you have been trying to hide your sticking-out-ness but now need to stick out like a sore thumb by filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and begin the process of sticking it out by maneuvering — through the assistance and guidance of a FERS Lawyer who specializes in Federal Disability Retirement Law — through the stickiest bureaucracy by pointing out the eligibility criteria of a FERS Disability Retirement claim.

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 Disability Retirement: The Soliloquy of Despair

Perspectives are often skewed when too narrowly insulated from comparative analysis with other viewpoints.  The hermit who renounces the world; the oddball who has no friends or family; the loner lost within the insular thoughts, opinions and factoids within a vacuum of one’s own circular argumentation — that is how the soliloquy of despair begins to incrementally feed and devour upon itself.

Balance” is needed in every life — of constraints imposed through dealing with others; of gaining a different perspective and worldview via exchanges with others.  But that the Shakespearean tragedy could have been avoided when once the soliloquy of despair had been interrupted, and someone from the audience had shouted, “Hey!  You there!  Don’t be so self-pitying!  Things can still turn out for the good!”

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, it can often feel lonely and isolated to deal with your medical conditions, to mask the pain, to avoid acknowledging one’s inability to focus and concentrate — to be unable to perform all of the essential elements of one’s position while seeing everyone else carry on with their lives as if nothing has changed.

Federal and Postal employees who can no longer perform all of the essential elements of one’s positional requirements often reach that point of the soliloquy of despair — but that is when you must consider preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS.

Contact a disability attorney who specializes in Federal Disability Retirement, and avoid the endless chasm of the void in becoming engrossed in the soliloquy of despair.

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 Disability Retirement Benefits: Maintenance and Repair

We know the difference; of performing regular maintenance as opposed to the necessity of repair when something breaks down.

In recent years, there has arisen a cottage industry for every type of mechanical device: Of heating units and cooling systems; of automobiles; of computers; snow blowers, etc.  Maintenance is the yearly or semi-annual need for attending to required cleaning, parts-replacement and other issues — in an effort to prevent a breakdown.

Repair is when the breakdown occurs, and when we can then blame either the failure of maintenance as the failed preventative measure (now, in reflection, thought to have been unnecessary), or the question as to why such maintenance failed to detect or otherwise forecast the failure.

Medicine itself has engaged in that line of thinking: By getting regular checkups, scheduled diagnostic tests, follow dietary guidelines, etc., we believe that such “maintenance” actions can prevent the onset of disease and conditions.

An analogy can be made for preparing, formulating and filing an effective Federal Disability Retirement application under FERS: Preventative maintenance is hiring a lawyer who specializes in Federal Disability Retirement Law; Repair is if you do a “do-it-yourself” approach for the Initial Stage of the Process, or even the Reconsideration Stage, then you go to a Federal Disability Lawyer to “repair” the denial from the U.S. Office of Personnel Management.

In the end, while no lawyer can guarantee a successful outcome in a FERS Federal Disability Retirement application, the preventative maintenance of a Federal Disability Retirement application is the preferred course, but if you get denied, you will certainly need to get the legal repair-work done by contacting an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Law: Shakespearean Comedy — or Tragedy?

Shakespeare has said it all; whether in one of his Tragedies or Comedies, or in the Sonnets which addresses so many topics ranging from mortality to love, time, beauty, etc. — he covers the inner psyche of man and the outer folly of our actions.  That we no longer quote from his plays or sonnets is a reflection of our own superficiality, and the failure on our part to recognize, protect and preserve the genius of a relic so relevant even today.

“Genius” is precisely that — of thoughts, principles and stories that transcend time, culture and historical context; but we live in an age where, as Aristotle would note, the “appetitive” part of our soul has been allowed to rule, whereas the intellect, reason and rational parts were meant to be the dominant force in our lives.  Comedic situations or tragic circumstances — one often melds into another.  In modernity, we often don’t know when to laugh or to cry, as the pain is great, the absurdity greater, and the two cannot always be recognized one from the other.

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, the Shakespearean Comedy — or Tragedy — one is witnessing, must by necessity require a conclusion to the play you have a role in.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and consider what role you have been playing all along, and still need to play.  For, the differences between a Shakespearean Comedy and Tragedy are often indistinguishable, but for the wisdom the Court Jester has given to the Tragic Hero, and whether or not his hubris results in failure to listen to the advice given.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Disability Retirement: This is Happiness

It is the title of Niall Williams’ recent novel; a story about a young man’s coming of age; and yet, beyond a story about a small town and the movement of progress, electrification and the defining moments of what constitutes “happiness” in the small sense of the word, human trials and miseries, as every story must include both happiness as well as sadness, and no story can be believed without the inclusion of either.

It is, ultimately, not in the accumulation of wealth or fame (for, in the small town where the story is set, neither can even be conceived as to the extreme nature that modernity has embraced), but in friendship and human interaction, of love and admiration.  It is set in a time before electricity was known; when innocent love was from afar; and where death was accepted as part of a natural process.

The undersigned rarely recommends a novel to others, but Niall Williams’ work, “This is Happiness”, is well worth a slow and enjoyable read.  It is like an Irish Ballad written in prose, and you can almost hear the melody within the pages of the novel.

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, what “happiness” is comprised of is often — like Niall Williams’ novel — in the smaller things of life: Of acceptance; of being treated with dignity in the workplace; of being able to obtain an annuity because of one’s medical condition when the need arises and the circumstances warrant.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of early retirement so that you can focus upon the smaller things in life, and declare that yes, This is Happiness.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Federal Employee Disability Retirement: Smelling the roses

It is a simplistic attitude, but one whose truism dominates and attracts: to enjoy life and have the capacity to relish in it.

“Stopping to smell the roses” is all well and good to declare when you don’t have much to do, or when you are in a position to reverse life’s onward march; however, for most of us, the stresses of daily living, of trying to make a living, and of the uncontrollable demands that beset us every day, undermines the advice of the sage: yes, tranquility can reflect a healthy mind and slowing of pace can lead to longevity and stave off mortality’s inevitable decline; but how does one contend with and control modernity’s screaming frenzy?

The appendage to the image of “smelling the roses,” of course, is the admonition to “pause” or “stop and” take the time; but is our loss of olfactory sensitivity a result of our lack of use?  How many of us even notice the scent of a flower, whether when we walk into a room or meander along a country path? Instead, most of us sneeze with irritation, beset with asthmatic symptoms of allergic disdain, and view such niceties as merely one of life’s obstacles to overcome and ignore.

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 job, the concept of pausing and “smelling the roses” is the last thing to consider, and life’s travails will only continue to shout and scream to prevent such a prosaic declaration.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will not necessarily allow for greater time to smell those roses, but it will allow for more time to attend to one’s own health — and isn’t that the point?

We take for granted our health, but when our health begins to deteriorate, the stresses begin to compound and exponentially aggregate.

Smelling the roses comes only after the priorities of our life have been placed into proper order, and preparing, formulating and filing for Federal Disability Retirement benefits when it becomes necessary is the first step towards reaching for the ultimate paradigm of life’s resistance to the stresses inherent and overwhelming: Health; life; relationships — then, to pause in order to smell the roses.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Coincidences & wrong attributions

Two events occur within a fairly close span of time; we relate them; we attribute one to have caused the other.  Was it mere coincidence, and was the causal attribution wrongly implied?

We learn from a friend that a certain person X visited the house of person Y.  Y was a good friend.  X never liked you.  A week or so later, you bump into Y and you say, “Hi. Haven’t seen you in a while.  How has the family been?”  Y looks at you, turns the other way without responding, and coldly walks away.

You attribute the behavior of Y as being related to the fact that X, who doesn’t like you, had visited Y the week before.  You connect the coincidence of Y’s behavior and the visitation of Y by X, and create a narrative around the encounter: “X must have bad-mouthed me when he went over to Y’s house.  Y must have believed him, and that is why Y is behaving so coldly to me.”  In other words, you attribute Y’s behavior as the effect caused by X’s coincidental meeting with Y the week before.  Are you right in doing so?

Say, sometime later, you learn that it wasn’t X, after all, that had visited Y the week before, but it was T — another good friend of yours.  Further, you learn that Y’s sister had recently passed away, and Y calls you up and apologizes for the past behavior, explaining that Y simply “didn’t want to talk to anyone that day, and had been walking around in a daze of sorrow.”

Coincidences and wrong attributions; we all make them.  We go back and retrace our steps of logical reasoning to try and discover the flaw of our thought-processes.  It happens often.  What is the rule to follow to try and minimize such flawed approaches to logical reasoning?  First, to get the facts.  Next, to wait before coming to conclusions.  Finally, to try and limit one’s creative imagination from bleeding beyond the borders of known facts.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where 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, it is important to first “get the facts” concerning Federal Disability Retirement, and not get mired in the fears of coincidences and make wrong attributions.

It may well be that certain actions initiated by the Agency are not mere coincidences; and it may be true that your “feelings” about the future can be directly attributable to what you have “heard” from others.  But before coming to any conclusions or making any decisions, it is well-advised to consult with an attorney who specializes in Federal Disability Retirement Law, lest those coincidences lead to wrong attributions, resulting in making the wrong moves based upon baseless causal connections.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS & CSRS: Chess

Two quick observations about the game of Chess and those who play it:  Few are actually very good at it; and, like self-image and a false sense of confidence for many in the United States, too many who play it believe themselves to be very good at it.  Stefan Zweig wrote about the game brilliantly in his novella, the “Chess Story” (or otherwise translated or sometimes referred to as “The Royal Game”), and debunked the notion that the greatest of players are by implication, necessity and prerequisite of an intellectual character, either as brilliant mathematicians, logicians, musicians, philosophers, etc.

The “brilliant” chess player, Czentovic, is a moron at best, and a blithering idiot at worst — but boy, can he play chess and beat everyone and anyone.  To some extent, the reality of Bobby Fischer confirms the skepticism of Zweig as told in the Chess Story — of the idiot savant whose distorted singularity of brilliance being limited to the ability for adeptly maneuvering within 64 squares of white and black spaces and utilizing 16 pieces each in a game that requires foresight and some amount of insight.

That is not to say that one should minimize or diminish the attributes of a Grand Master and, indeed, many such people were “brilliant” in other ways, as well.  One cannot make generalizations and say that every good chess player is a blithering idiot; but nor can one assume that, because one is good or great at the game, ergo he or she must be an intellectual, philosopher, physicist, etc.  The downfall of most is in the notion that you are good because you think you are good; for everyone else, the tempering of reality normally comes about when one’s own notions come into contact with the reality of the world.

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, initiation and submission of 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, may become a necessity.

Filing an OPM Disability Retirement application is somewhat akin to playing chess — from the crucial initial “move” of the pawn, to maneuvering your way through the landmines of a complex administrative and bureaucratic process, until the final stage of a “checkmate” that results in an approval from OPM.  But the game of chess is not merely the physical aspect of it, and encompasses a wide range of psychological characteristics — of fooling one’s self into greatness; of becoming overconfident; of underestimating one’s opponent.

Similarly, filing a Federal Disability Retirement application with OPM is not just the “physical aspects” of filing — it must encapsulate proper legal citations; persuasive argumentation; careful gathering of information, evidence and documents, etc.  And like the fool who believes himself to be a great chess champion, one should always remember that being the “best” at something doesn’t just involve thinking that it is so, but should include consultation with an expert to objectively determine it to be so.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Absurdity with an explanation

According to Quine, the great mathematician and logician, that is the definition of a paradox.  It is an event or a concept that seems at first glance to be an impossibility, or a conundrum of some complexity, but can be explained to unfold the absurdity first displayed.  Thus — of the man who has walked the earth for decades but is technically only 9 years old, until one realizes that his birthday falls on the 29th of February, a date that appears only once every 4 years; this is a paradox, until the absurdity is explained and it suddenly makes sense.

Similarly, a medical condition is a paradox: It is an absurdity of sorts, especially when it hits a person in the prime of his or her life.  What possible explanation can be had?  Where is the “fairness” in it, and why do some people who eat all sorts of junk food for years on end never experience the calamity of a chronic and progressively deteriorating medical condition?  Where is the “equal employment opportunity” of a devastating medical condition?

Where is the sense of “fair play” displayed when a medical condition pounces upon a Federal or Postal employee and suddenly no amount of past accomplishments make up for the sudden loss of productivity and need to use the accumulated sick leave, and even invoke FMLA rights in order to attend to one’s health?

For Federal and 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 Federal or Postal position, the paradox comes in the form of when to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is indeed an admission of a need for change; yet, paradoxically, change is precisely what your Federal Agency or the Postal Service does NOT want — they want you to continue as before the onset of your medical condition.

The absurdity resides in the lost sense of priorities: work, as opposed to one’s health; stresses that exacerbate, as opposed to relieving those elements that contribute to one’s deteriorating conditions.  The only explanation that makes sense is to prepare, formulate and file a Federal Disability Retirement application, to be submitted to OPM in order to be able to focus upon one’s health.

That is the paradox, and the absurdity with an explanation for a Federal or Postal employee who needs to file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Retirement Attorney