Attorney Representation for OPM Disability Claims: Proper Sequence

For Federal employees and U.S. Postal workers seeking to obtain a Federal Disability Retirement, is there a proper sequence in preparing the Standard Forms?  Does it matter if one set of forms are prepared or taken out of sequence?

Or, is the fact that the two primary sets of forms — the SF 3107 series and the SF 3112 series — are already provided in an ordered manner (i.e., for the SF 3107 series, first the “Application for Immediate Retirement”, then the Schedules A, B & C, then forms for the Agency to complete; and for the SF 3112 series, first the “Applicant’s Statement of Disability”, then the Supervisor’s Statement, the form for the Physician, etc.), reflective of the sequence one should complete them?

This, of course, brings up another and more important question: Would you trust the government to look out for your own best interests in completing the series of Standard Forms (i.e., SF 3107 series and SF 3112 series) in the order that they want you to complete them, or should you complete them in a manner that looks after your own best interests, separate and apart from the order that the Federal Government and OPM wants you to fill them out?

There is, in the end, a proper sequence to everything, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is no different from every other kind of form and content to be completed.  The way and manner that OPM and the Federal government wants you to complete a Federal Disability Retirement application does not necessarily imply any nefarious intent; it is just a difference in deciding whose best interests are you looking after — your own, or OPM’s?

In the end, all of the Standard Forms (again, the SF 3107 Series and the SF 3112 Series) must all be filled out completely, and some might conclude that the order and sequence of completing them shouldn’t matter, inasmuch as they all have to be completed anyway.  But you may want to pause and reflect for a moment: Does “proper sequence” imply that the Federal Government and OPM have prepared the SF 3107 and SF 3112A for the benefit of the Federal Disability Retirement applicant, or for their own convenience?

Tricks tend to trip, and the trips are not merely the destination from point A to point B, but a hidden accident waiting to happen if you don’t complete SF 3107 and SF 3112 in their proper sequence — and that means, not necessarily in the order of their appearance.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Life Lessons

Most of us stumble through it, and somehow end up down unexpected corridors of unplanned venues; and then we have the nerve to think that we can have kids and impart wisdom we never learned, refused to lived by, and rarely listened to.  It is said that hypocrisy is the characteristic of the common farce; it just happens to infect everyone else, and never ourselves.  But there is an evolutionary determinant even in the comedy of life; it used to be that Western Philosophy would teach us to always seek out the substance of a thing, and to recognize mere attributes and appearances for what they are — recognizing that superficiality conceals the essence of Being.

Now, there are popular books which tell us that “faking it” is okay, so long as everyone else is too stupid to know it.  Then, there is our job, our careers and that vocation at which we spend the majority of our lives pursuing.  One day, we wake up, and find that the manifestation  of a medical condition makes it impossible for us to continue.

What do we do about it?  Procrastinate.  Deny.  Avoid the issue.  But reality has a way of ignoring our pleas of ignorance and avoidance.  Harassment at work; Letters Warnings; imposition of a PIP; Proposed Removal; Removal.  It is not that we did not see it coming; we just hoped that life’s lessons would make a detour around our individual circumstances.

Fortunately, however, for Federal employees and U.S. Postal Workers, there is a consolation benefit in the event that a life lesson involving a medical condition impacts the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s positional duties as a Federal employee or U.S. Postal Service worker.  Filing for Federal Disability Retirement benefits allows for the Federal or Postal employee to have “another chance” at life’s misgivings, by providing a base annuity, allowing for work in the private sector on top of the OPM Disability Retirement annuity, and to garner a time for restorative living in order to attend to the medical conditions by retaining and maintaining one’s FEHB.

In the end, there is a conceptual distinction to be made between “Life Lessons” and “Life’s Lessons”; the former is what our parents and the juggernaut of historical inevitability tried to teach, and which we deliberately ignored; the latter is that which impacts us daily and personally, and to which we must by necessity respond.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the Federal or Postal employee must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the lesson of life — whether as Life Lessons or as Life’s Lessons, is to take that stumbling former self who ended up in the corridors of the Federal Sector, and to straighten out the future course of events by preparing, formulating and filing an effective Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire

 

Resigning from Federal Employment and Filing for OPM Disability Retirement

Resignation is what the adversary wants; it is rarely an innate condition of the human animal.  Whether one believes in the evolutionary process of incremental genetic adaption, progression and determinism, or that the gods of traditional theology puts forth a teleological foundation, the concept of “giving up” possesses an inherent shrinking away, a repugnance and a natural inhibitor to an act which constitutes surrender and, in some corners of thought, betrayal to self.

But the will of human beings is what separates from the genus of that which we derive; and as monks can defy instinct and sit in burning bonfires of self-immolation, and sheer determination of will-power can overcome fear, the rush of adrenaline and the propulsion of compulsive irrationality through reasoned guidance, so there may be times when resignation carries with it a compelling basis which justifies the action.

For Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the issue of resignation is often at the forefront for multiple and varied reasons:  the agency often suggests it (which, in and of itself, should not be a basis for acting, as the self-interest of the Federal agency or the U.S. Postal service should not be the paramount concern during such a time of turmoil when a medical condition is impacting the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service); where all Sick Leave, Annual Leave and FMLA rights have been exhausted, and the inability to maintain a regular work schedule has resulted in the initiation of disciplinary actions by the agency (here, the language contained in any such action proposed by the agency or the U.S. Postal Service may be of some use in a Federal Disability Retirement application); or where other pragmatic decisions may be contemplated, such as the ability to access one’s TSP in order to financially survive during the process of waiting for a decision on a pending Federal Disability Retirement application, as well as multiple other unnamed reasons too numerous to discuss within the confines of this limited forum.

Whatever the underlying reasons and rationale, there is often an instinctive reaction, a repugnance and resistance, in engaging an act which is tantamount to surrendering one’s career and “walking away”.  There may, in the end, be compelling reasons to perform such an act, and not all actions involving resignation constitute a reflection of a desperate need.  If reviewed calmly, and decided rationally after due consideration of all of the factors and elements involved, such an act of apparent self-destruction may in fact be the most prudent course of action which perpetuates the genetically-determined embracing of evolutionary survivability, or the voice of gods long whispering in the echoing reverberations of Dante’s concentric circles of ever-impending escape from the fires of hell.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Netherworld between Sleep and Wakefulness

There is that moment of haziness, where sleep has not yet overtaken and consciousness has not yet been fully lost, where the philosophical abyss of Kierkegaard’s Either/Or stands in relation to knowledge, truth, insight and puzzlement, and where questions abound concerning the relationship between words and the objective reality of constellations clashing amidst bursting stars and black holes.

Sleep is a realm sought after; restorative sleep, a state of being which, without explanation or cause, we accept as a necessity of life’s conundrums.  Without it, or because of a lack thereof, functionality deteriorates, awareness becomes overwhelming, and the capacity to tolerate a normal level of life’s stresses becomes an issue of sensitivity and tearful breakdowns.  Sleep brings us to the other side of darkness; wakefulness, this side of paradise.

Whether because our genetic code has not yet adapted fully through the evolutionary process of survivability, or that technology outpaces the capacity of human intelligence to withstand the constant bombardment of stimuli upon organic receptors devised merely for hunting or gathering, we may never figure out.  Regardless, many are like the sleeping dead, where the netherworld between sleep and wakefulness remain unchanged, and profound fatigue, daily exhaustion and untenable mental fogginess and loss of intellectual acuity impacts one’s daily ability and capacity to make a living.

For Federal employees and U.S. Postal workers who must contend with such an exacerbating and complex state of health, the reality of going through the day, of coming home exhausted and forlorn, yet unable to turn that profound fatigue into a period of respite and restorative sleep, is a reality faced with the concerns of being able to continue in one’s Federal or Postal career.

Sleep disorders are often secondary medical and health issues, following upon primary physical and psychiatric disabilities; but they can also be a primary basis for preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Whether diagnosed as Sleep Apnea, Insomnia, or a more generalized diagnosis of Sleep Dysfunction or Sleep Disorder, the impact upon one’s cognitive acuity as well as the physical exhaustion felt, which can lead to creating a hazardous workplace phenomena, the Federal or Postal employee who finds that the impact prevents him or her from performing one or more of the essential elements of one’s Federal or Postal positional duties, should consider that the health issue itself is a valid one, and a firm basis for preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

One may, here and there, experience the phenomenon of entering that netherworld between the dark chasm of sleep and the full orientation of wakefulness, and know that drifting between one and the other is likened to the necromancy of human complexity; but when such a condition remains a constancy in one’s life, then it may be time to consider filing for a Federal Disability Retirement annuity, lest the sorcery of life’s dreamworld waves the wand which withers the soul.

Sincerely,

Robert R. McGill, Esquire