Tag Archives: legal counseling with sf3112 disability form and the opm medical retirement process

FERS Medical Retirement: Story Told Simply

Modern writers have been corrupted by the desire to be published in The New Yorker.  Similarly, the Iowa Writers’ Workshop and similar venues have destroyed the short story.  Today, modern short story writers are technically infallible; they follow an impeccable template of “How a Short Story Should be Written” — but the gimmicks, the registered competence, the learned cadence and skillfully crafted creativity — fail to produce the brilliance of the art.  We are killing the short story by pure, unadulterated competence.

Read one short story by William Trevor.  Question: Did he learn how to write by attending the Iowa Writers’ Workshop?  Did Hemingway produce The Old Man and the Sea by taking a class on “How to Write?”  The technical competence, the educated writer, the factory production of good writing — it all fails to tell the story told simply.  Perhaps the fault lies not only owing to the plenitude of college courses, all somewhat entitled, “Creative Writing”, but to the fact that religion has lost its hold upon the culture.

Let me explain:  No, this is not to argue that “religion”, per se, directly contributed to good writing.  Rather, it is to argue: A close inspection of every good story always involves the struggle between good and evil; of a tension of hubris following upon self-destruction; of the pull between one’s conscience and the struggle to avoid sin.  Yet, how can there be any tension left, when nothing is shameful, everything is permitted (Dostoevsky’s shadow?), and there is nothing left but shame’s skeletal outlines?

All that would be left is merely a story told simply, but without a soul to its name?

For Federal employees and U.S. Postal Workers who struggle with a medical condition such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s positional requirements with the Federal Government, a story told simply is crucial to the successful filing of a Federal Disability Retirement application.  Too much information; overemphasis upon one’s history; failure to capture the soul of the “story” — these are all errors which can defeat a FERS Disability Retirement application with the Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and let the story be told simply, but effectively.

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 Blog: Calm & Upheaval

It is the former which we seek; the latter, which inevitably comes about.  We work 90% of the time for 10% of rest, and of that 10% (if even that), most of it is taken up by chores and other matters.  Of the 90%, most of it is comprised of repetitive boredom and monotonous, mindless endeavors.  When upheavals dominate even the calm, then a crisis often develops; for, in this stress-filled world, periods of respite become all the more important and necessary.

Every crisis, we learn from historical analysis, could have been averted; and as we play the game of “if only we had done X”, we realize two things:  First, that history does indeed repeat itself in cyclical manners and Second, that our memories are short and forgetful, and thus do we repetitively keep to the first rule of cyclical repetition.

Just when we think that the newest upheaval has passed, and the calm after a violent storm has finally come upon us, that the next upheaval enters our lives.  In the end, it is perhaps fortunate that we have such short memories; otherwise, life would be one crisis and upheaval after another, without even a short respite of calm.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a crisis-point because of the impact upon one’s ability to perform all of the essential elements of one’s Federal or Postal position, the respite of calm which is needed can only come about by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management under FERS.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of extricating yourself from the upheaval of your chronic medical condition in order to reach that cyclical abyss of temporary calm.

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 Disability Reirement under FERS: Dylan Revisited

The British have the Beatles; America has Dylan.  Martin Scorsese’s ongoing documentaries covering the life of Bob Dylan (“No Direction Home” and “Rolling Thunder Revue”) reveals the obvious differences as well as depicting interesting tidbits of entertainment value, for those even remotely interested.

Dylan is the quintessential American — of the lone troubadour; the composite of a self-made star from multiple personalities, including Hank Williams, Woody Guthrie and Muddy Waters; and despite playing off and on with “The Band”, forever the loner — remote, distant and undefinable.

Bands come and go — The Beatles, The Rolling Stones, Led Zeppelin, etc., and when they disband and disburse, some individually go on to similar heights of fame; but of Dylan, he has always stood apart with his soulful voice, his trance-like story-telling, and the enchanting universe of words conveyed on the airlift of music that brings one into a lyrical fantasyland.

In the end, Robert Allen Zimmerman remade himself from the outskirts of a rural town into the spotlight of musical genius over a span of a time when cultural revolutions were shaking the very foundations of a country at war.  We all yearn to be like him — if not for the fame, then for the uniqueness that becomes apparent when you listen to his voice: Not quite on beat and never able to be defined.

Whoever “Zimmerman” was, we will never know; for what we know is the folklore surrounding even the whispered utterance of “Dylan” — a name and word which provokes images, stories and memories that have cluttered the shadows of a legend like the barnacles encrusted on the underside of a drifting boat.

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 tragedy of the medical condition can be likened to the duality found in Dylan Revisited — that the person who is beset with the medical condition is not the same person who once forged ahead with a promising career with the Federal Government or the U.S. Postal Service.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law; for, in the end, the Dylan of today is not the Zimmerman of his past, just as the Federal or postal employee who suffers from a medical condition is not the same person as before the medical condition, and the whole point of filing for Federal Disability Retirement is to get back to a place where we can define ourselves within the uniqueness of who we are and were.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Admitting defeat

It is probably the single most difficult thing to do in life, and its inability reflects upon the abysmal state of education, both higher and lower.  The manner in which education is perpetuated – where “right answers” receive accolades and admitting of defeat merely alters the pecking order of who is admired and who are relegated to the detritus of human society – merely reinforces the greater loss of empathy, the destruction of civility and the coarsening of society.

Facebook, too, merely perpetuates the focus upon destroying an opponent and quieting any voices that may provide a quiet revolution, as alternate voices are silenced into submission by mere meanness of bombardment and repetition.  Some would applaud this all-too Darwinian approach as merely reinforcing the innate nature of “survival of the fittest” – for, admitting defeat is tantamount to revealing weakness, and the weak are mere fodder for the strong and stronger.

Whether in argumentation of discourse or fighting battles, wars – real or virtual – or verbal encounters characterized as harmless skirmishes on the Internet, it matters not anymore the manner in which one prevails, only that one does reach the apex of any endeavor, profession or undertaking.

Once upon a time, there were some rules of engagement – of a civil discourse where debates were conducted in quiet tones and respectful venues, and where humility called for admission of recognizing the greater argument which results in establishing the goal for the greater good.  Now, it matters not the means; for the end justifies the means and if you can shout down the opponent, lie about the facts and cheat around the strategy, it is the winner who is looked up to and the victor who walks away with the spoils.

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 positional duties, it may be that the best way to avoid admitting defeat is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, but somehow one’s priorities have become skewered in this obsessive-world where admitting a medical condition is tantamount to admitting defeat, as opposed to merely recognizing the limits of human endurance and the frailty of the human condition.

Fortunately, the rules governing Federal Disability Retirement benefits allow for the Federal or Postal employee receiving Federal Disability Retirement benefits to go out into the private sector, or even into the state or local government, and work at another job or vocation and make up to 80% of what one’s Federal Government or Postal job currently pays, and thus, to that extent, obtaining a Federal Disability Retirement annuity is not considered admitting defeat, but merely a change of venue in the pathways of life’s complexities throughout.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: In the “not working” world

Excellence is rarely seen; the artisan is dead to the world; and we all struggle through knowing that trinkets from foreign countries symbolize the incompetence of the universe in which we must continue to exist.  Something is not working.  We all know it, feel it, worry about it and whisper in circles where such things are concealed and rarely revealed.

Life is formed by multiple concentric circles; we live within various spectrums of such parallel universes, sometimes entering into one and exiting another; at other times, remaining stuck in between.  There is the objective reality “other there”; there is, then, the subjective world of our own thoughts, emotions, anxieties and unspoken soliloquies.

There are “worlds” out there that we know nothing about – of corporate boardrooms where issues are discussed that we only read about; of high places and conspiracies; of dungeons in other countries where unimaginable torture and cruelty are conducted; and all throughout, we remain within the narrow concentric circle of our family, friends, the limited sphere of people we know, and the problems that loom large within the consciousness of our own worlds.

Throughout, we know that there was once a time, long since past, where the world worked better; maybe, perfection had never been achieved, but the age of politeness, of courtesy, of communities actually caring and thriving; or, perhaps that existed only in those old black-and-white television shows like “Leave it to Beaver” or “Happy Days” (yes, yes, the latter one was in color).

There is a sense, today, that something is not working; that we live in a “not working” world, and no repairman can be called to “fix it” because no one has the skill or expertise to diagnose the problem, and even if there were such a person, we don’t quite know what the “it” is, anyway.

It is quite like a medical condition that begins to impede, to impose, to interfere – like Federal and Postal employees who have dedicated their entire lives to working for a Federal Agency or the U.S. Postal Service, then are beset with a medical condition that begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal position.

What does one do?  Can the doctor “fix” it?  Often, we have to simply live with it.

In those circumstances, the Federal or Postal employee who suffers from a medical condition and can no longer perform all of the essential elements of the Federal or Postal position, who lives in that concentric circle of a reality of living in a “not working” world, must consider the next steps – of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to step into another concentric universe of sorts, and move on in life.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Annuity after a Disability in the Federal Workplace: Formulaic writings

It is both of predictability and boredom that we seek when enjoying such genres of form and content – of the “formula” in a who-dunit, or a love story that brings together two unlikely individuals in their awkwardness and geekiness, but somehow overcomes the considerable odds and obstacles placed in their way (and we don’t ask, in a 2-hours snippet, how can so much happen to two people when not even a smidgeon of such events were faced in our entire lifetimes?) and ending with an orchestral crescendo that brings tears that raises handkerchiefs throughout the audience, which we all quickly stuff into our back pockets with embarrassing quickness when the lights are turned on.

But that formulas could be applied to real life, and not just in presentations that appear slick, without error and marketed with such efficiency that we think it is just that the “other person” is naturally good at it, and we are not.  But that’s the point, isn’t it?  Formulaic writings, formulaic plays, formulaic movies, formulaic – lives?

Perhaps it exists in the fictional world of fairytales and corporate pathways where certain individuals – whether because of the family name, the tradition of old wealth, or those “connections” that the inner circle depends upon for their very survival – are groomed towards reaching the top in some predetermined formulaic manner.  But for the rest of us, our lives are more likened to the undisciplined ocean where storms come at unexpected and unpredictable moments; strong surges and wind currents destroy that which we have so carefully built; and our ship’s rudder suddenly fails to guide or lead us towards our intended destinations.

There is no formula.  We are left without a map, less a compass, and more and more without the guidance of our parents or grandparents because, they, too, have become as clueless as the rest of society.

And for Federal employees and U.S. Postal workers who suddenly find that a medical condition has interrupted their career goals, hope for the future and dreams of security – preparing an effective 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, may become a necessity.

Then, when one researches and looks at SF 3112A, Applicant’s Statement of Disability, one realizes that the questions posed are the same posed to everyone who files – and so the information requested is based upon some “formulaic” approach from the agency’s side of things; but what about the individual Federal or Postal employee’s side of it?  Is there, also, a “formulaic” approach to winning a Federal Disability Retirement case?

Like everything else in life, it always seems as if the slick advantage that the large bureaucracy possesses is overwhelmingly in favor of going against the Federal or Postal employee.  However, there is, indeed, a “formulaic” response – and that is the “laws” that govern Federal Disability Retirement.

Life in general may not always have a winning formulaic approach, but in preparing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it is best to at least garner the formulaic support of the laws that protect and preserve.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Conspiracy of life

Tabloids lead us to suspect it; odd coincidences force us to confront it; and the amassed aggregate of life experiences allow us to consider seriously the implications of it.  Are there such deliberative interconnections that make seeming chance encounters more than the arbitrary clashes of random events, such that they are planned, coordinated and precipitated by human activity beyond mere statistical anomalies?

If the creation of the natural world can be acceptably explained by evolutionary forces without a grand designer of some relevant intelligence quotient, and if randomness can be explicated by instinctive forces based upon a genetic predisposition for survival, then certainly the conspiracy of life can be readily accepted.

Often, we dismiss and refute sequential events that “could only happen” with some modality of deliberative intent, with a dismissive declaration of, “Naw…it just couldn’t be…”   Yet, we believe in those inane, proverbial truisms, like – “When it rains, it pours”, as events seem to come in bunches, bad luck follows upon acts violating superstitious conduct defying the supernatural, and we still try and avoid making major life decisions when the stars become misaligned during a winter solstice.

And so we remain careful when coming upon the path of a black cat, or refrain from making major life decisions on those Fridays which fall upon an unlucky number; and, beyond, believe that a conspiracy of life may yet manage to subvert, pervert and preemptively undermine the dreams we dream, the fantasies we pursue and the follies we hope for.

For the Federal employee and U.S. Postal worker who suffers 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 the Federal or Postal position, it is not a far stretch to conceive of, believe in and otherwise suspect a conspiracy of life – precisely because Federal fiefdoms and Postal power-centers are replete with bands of marauding rogues whose sole purpose in life is to harass, intimidate, make life miserable and force the issue of “who is boss”.

Little people with evil souls tend to congregate in places where the frustrations of a personal life spill over into the professional arena of employment contexts.  Always remember, however, the singular focus in preparing an effective Federal Disability Retirement application:  To have it approved by the U.S. Office of Personnel Management.

Thus, if you get “drawn in” to the tangents by invitation of the conspiracy of life, you may regret the wayward course and the detour compelled by losing your way, direction and compass-driven focus that should guide you to ignore those unverified and arbitrary chance events as depicted in superimposed photographs besides outlandish editorial exclamations seen and surreptitiously viewed while standing in line at the grocery store.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Blemish upon Historical Pride

People often get sidetracked upon irrelevant or peripheral issues of little to no consequence.  In the greater order of things important, it is self pride which often inhibits, prevents or otherwise delays the advancement and progression of self-interest.  One often hears people boast about never having missed “a day of work” in twenty years, or of the longest streak in some sports about games played, or consecutive appearances; or, that one has never taken a vacation.

But what of the quality and content of one’s work?  And, more importantly, where is the proper balance within the tripartite interaction between self, community and work?  When there is such weighted disproportionality of emphasis upon one, the other two must by necessity suffer.  For, the engine which propels such boasting of historical intactness is not one of a drive for excellence, but to merely maintain an unblemished historical record.  But records of inconsequential issues are quickly forgotten, and rarely besought; and when the impact of such maintenance of irrelevancy is upon one’s health, the dire reverberations foretell of impending doom.

For Federal employees and U.S. Postal workers who strive on merely to avoid a blemish upon one’s historical pride, despite the manifestation and impact of an injury or illness upon one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the issue to be confronted and overcome is the self-pride of one’s hubris, leading to a certainty of self-immolation and destructive behavior.  Wisdom is partly defined by one’s ability to perceive the changing of circumstances, and to adapt accordingly.  Fighting an irrelevant cause at the expense of one’s health and future security is the antonym of wisdom, and constitutes foolishness.

Consider preparing, formulating and filing for Federal or Postal Medical Retirement benefits through the Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  When health becomes the paramount perspective of questioning within the tripartite intersection of issues to consider, then wisdom must prevail; and avoidance and neglect of the evolutionary code of self-preservation is an indicator that smart living has been replaced by the irrational fear that a blemish upon one’s historical pride is a factor even being considered by the greater universe of implacable uncaring.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: The Echo Chamber

In media, it is the homogenizing effect of drowning out all non-conforming ideas, such that truth becomes the repetition of a lie, or at least the dominant perspective envisioned via a safe environment of simplicity.  To be different is to challenge, and any disruption or potential pause to the status quo means a necessary change to present circumstances.  That is why bureaucracies tend to resist alteration, like the chameleon which stands before a world changing at a pace of warp speed, ensconced in its evolutionary rigidity, unable to adapt but for its genetic code of survivability.

Medical conditions often represent such a threat to the status quo; it is something “different” to deal with, and when asked in terms of “accommodating” an individual with a medical condition, it may mean that others are called upon to alter the staid old ways of doing things.  Further, it is a reminder of one’s mortality and vulnerability, as a walking exclamation point that “but for the grace of…”

For Federal employees and U.S. Postal workers who must contend with such a dualism of reminders, the resistance is palpable, sometimes hidden, often open in hostility and uncaring.  Does filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee who is injured or suffers from a medical condition, seem like “giving up” and “giving in”?  Is there a further point to be made by the Federal or Postal worker who continues to hang on and stay in, “fighting the good fight”, but now more towards internal acrimony as opposed to the “common enemy” of those outsiders who oppose the mission of the agency?

Once, when life was carefree, and we were caught in the womb of warmth where ignorance was bliss and the worries of our youth amounted merely to whether our moms would tuck us in at night, the shattering of reality and of “grown-up” things suddenly came to the fore, and then we stood, alone, facing that uncertain future which our forefathers whispered about, and to which we giggled and strained to hear.

But for the Federal and Postal worker who suffers 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 positional duties, beware of the echo chamber of life’s misgivings, as it may drown out the only voice of reason which calls for filing for OPM Disability Retirement benefits and “moving on” with life, leaving behind the rest and residue of causes long forgotten and left unopened, like a gift without a child, and a teardrop absent knowing eyes.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Evaluative Adaptability

Life is often like a boat without oars, let alone a motor which functions; and as the waves rock the water transport, one maintains balance, sanity and survival by attempting to prepare for the whitecaps and hoping for a further delay of a storm, and never a tsunami.  But those changes inevitably come, and attack in onslaughts of exponential fury.  One attempts to adapt, to remain like the chameleon who must survive by an unwanted metamorphosis, in order to maintain the delicate balance of nature as described by the brutality of Darwin’s world.

Man presumably has the advantage of possessing the dual modalities of penultimate capacity for survival:  the cognitive and the physical.  Of the latter, the human animal is neither a lion nor a cheetah; and of the former, self-doubt, confusion and intellectual arrogance often muddles the clarity of purpose shown by other carnivores.  But it is the combination of both — of the evaluative adaptability acquired through intake and filtering of information, analysis of factual and predictable processing, and shifting positions based upon real-time data reflected upon through a compendium of intellectual acuity honed and perfected by experience.

That is precisely why bureaucracies are often potholes of frustration; as systematized repetition dulls the soul, so the imposition of irrational decisions heightens the angst of man’s inner being.  For Federal employees and U.S. Postal workers who suddenly find that a medical condition may cut short one’s career with the Federal agency or the U.S. Postal Service, it is with that duality of advantageous survival mode that one must approach both the Federal agency (and the U.S. Postal Service), as well as the U.S. Office of Personnel Management.

Certainly, physical endurance is limited often by the medical condition and the deterioration of stamina and energy; but the evaluative adaptability and the capacity to change course should never be underestimated.

Medical conditions need not deter the direction of the boat; most medical conditions are mere whitecaps which rock like irritants on a summer evening where gnats and mosquitoes ravage the unprotected surface; but unlike hurricanes and tsunamis which overwhelm and destroy, the fact that one’s steering mechanism or the ability to propel oneself forward may be damaged, should never extinguish the Federal or Postal employee from recognizing that one’s evaluative adaptability is the key towards moving positively into the future and affirmatively taking steps to secure a brighter tomorrow, by beginning the process of preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire