Tag Archives: medical questionnaire for post office

FERS Medical Retirement from OPM: Internal Turmoil

A man walks out early in the morning to retrieve the newspaper thrown onto his driveway; from across the street, you see him; he looks vibrant, confident, self-assured; you think to yourself, “Why can’t I be like him?”  A woman, well-dressed, punctual, competent, with always a smile; a sure “go-getter” who will climb up the corporate ladder with ease; you think to yourself, “Some people are just successful and happy.  Why can’t I be like her?”

The calm before the earthquake; the tectonic plates which are invisible and the above-surface topography which has been undisturbed for centuries; then, one day, the calamity occurs, and buildings collapse and countless lives are buried and lost.  What happened?

It is always the unseen, internal (or beneath-ground) turmoil which is the “true” essence of a life, a geographical location, or an entire population which masks its veiled soul.

Plato and the entire history of Western Philosophy were based upon unmasking the essence of Truth by digging beyond the appearance of Falsity.  Human Beings, particularly, have a great knack for hiding the internal turmoil which is the truth of what we are.  The smile which masks the saddened eyes; the outward appearance of confidence which is a facade for the depression and sadness within; the quiet steadiness of nature before the convulsion of the volcanic eruption; all, the internal turmoil, hidden by the falsity on surface’s artificiality.

For Federal employees and U.S. Postal workers who suffer form a medical condition such that the medical condition can no longer be masked, it is always the internal turmoil which cannot be contained, restrained or curtailed forever.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS laws, through the U.S. Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and begin the process of quieting that Internal Turmoil before it erupts like the quiet volcano waiting to reveal itself from behind the facade of contained quietude.

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 from OPM: Just Beyond

That is what makes you pause, yet unsure — the “just beyond”.  Maybe its a dream — but it is just beyond your grasp.  Perhaps the directions you were given — just beyond the next corner, just beyond the next town; or just beyond what even Google Maps can lead you to.

Or, in a Federal Disability Retirement case, it is the argument that the U.S. Office of Personnel Management makes in denying your Federal Disability application under the FERS system:  the insertion of a word here, an unfamiliar legal phrase there, always “just beyond” a suspicion as to whether they are correctly stating the legal criteria or the statutory authority cited in denying your case.

OPM systematically engages in such word-usage — of using phrases and inserting words which go “just beyond” the law, but in fact do not comply with the actual legal requirements.  And, as the individuals who make the decisions at OPM are themselves just beyond any accountability, they engage in such misuse and mis-application of the law with impunity, knowing very well that they will never have to answer for such mis-characterizations.

Thus, for example, does a denial of a Federal or Postal Disability retirement application often refer to the fact that “Social Security did not find you unable to be employed” — which may be true, but is a statement “just beyond” the laws governing a FERS Federal Disability Retirement application because what Social Security determines has absolutely no relevance to your FERS Disability Retirement application.

Or, OPM might say something like, “There is no evidence that your Agency could not have accommodated you beyond all possible means”.  Yes, but that is not the law; rather, the issue is whether your Agency could have “reasonably” accommodated you; not, whether you could have been accommodated beyond all possibilities within the universe of theoretical possibilities.

Again, OPM engages in legal jargon “just beyond” the boundaries of truth and integrity.  To make sure that OPM stays within the boundaries of statutory authority, contact a FERS Disability lawyer who specializes in Federal Disability Retirement Law, and always make sure that you apply the law not just beyond, but within.

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.

 

Postal & Federal Disability Retirement: The Abridged Edition

Is it a better one?  Had the original version been reviewed by a more thorough editor, would the now-considered-abridged edition merely be the first issuance of the original edition?

Writers have noted that the writing itself is not the difficult part; it is going back through the written work and editing it, which is the trauma of the act itself.  From thought-to-paper: Often, when we re-read what has been written, we recognize that the thought we once considered to be brilliant, is somewhat less so.

Editing encounters multiple difficulties — not the least of which is verbosity.  Too many words to express a simple idea can derail the effectiveness of conveying that idea by muddling its simplicity.  But that is the point, isn’t it — to remain on and convey the point itself?

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 is important to consider the “abridged edition” of your case in order to effectively present and convey your Federal Disability Retirement application to the U.S. Office of Personnel Management.

Tolstoy’s War and Peace is likely not the way to win a Federal Disability Retirement case with OPM; on the other hand, Hemingway’s Old Man and the Sea may be too abridged; somewhere in-between, like a good John Le Carre thriller.

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.

 

Federal Employees Retirement System (FERS) Disability Law: The Novelty Vanished

As it should be, for a child, everything is viewed in terms of, “Wow!”  The novelty of life, of the experiences brought about by a world freshly encountered — like winter’s first snow or the dawn of spring’s warmth, it is the combined meeting of a world newly seen by the eyes of youth yet untarnished and without the destructive force of cynicism which accounts for curiosity, eagerness, innocence, unvanquished optimism and hopeful initiation of plans for a bright future.

That novelty vanished — and vanquished, extinguished and beaten down — comes from repeated encounters with a world which shows no care or concern.  It is when life’s complications keep knocking us down; that is when the novelty vanished.

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 novelty vanished comes about from a combination of events: The critical juncture where the medical conditions become chronic and restrictive; the Agency’s or the Postal Service’s unsupportive attitude; the steady exhaustion of one’s sick leave; the potential of being put on a Performance Improvement Plan; the likelihood of being terminated; the administrative sanction of being placed on AWOL status; the refusal to allow for LWOP; and it is the combination of any or all of these factors which results in the Federal employee shaking his or her head and saying, “Wow” — but not with a sense of wonderment, but because the novelty has vanished.

It is time to file, then, for Federal Disability Retirement benefits under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and try and win back that time when the first snow of winter stunned you, the first breeze of spring refreshed, and the world could again be described with a singular encapsulation of a word exclaimed: Wow!

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 Space Between Reality and Fantasy

We can live within a world of fantasy, so long as it does not abut against the world’s reality.  We can fantasize that we are “super heroes” — so long as we do not jump out of the window thinking that we can soar through the clouds.  Both worlds can be juggled without an internal — or even an external — contradiction.

Some indicators touch upon the edges of conflict — as when we are caught daydreaming; or a person begins to act too much in the “as if” universe of thoughts and dreams; and we become concerned when someone we know begins to express beliefs and theories which step outside of the spheres of acceptable and normative systems.

Medical conditions, however, tend to keep people “real”; for, the pain and debilitating symptoms do not allow for any space between fantasy and reality.  Rather, they jolt one into being “real” each and every day — except when it becomes necessary or prudent to conceal one’s condition, resulting in a smiling face which masks the pain, the energetic look which covers the fatigue, or the clarity of words which hides the confusion.

Federal and Postal workers often have to straddle the line between reality and fantasy when a medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s Federal or Postal job.

When the two lines begin to blur, you need to contact an OPM Disability Attorney who specializes in FERS Disability Retirement.  For, in the end, the reality of a medical condition cannot be concealed for long, and the fantasy that the medical condition will simply go away cannot be endured.

Federal Disability Retirement benefits are there for the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal job.

Contact an OPM Disability Retirement Lawyer who specializes in FERS Disability Retirement Law and make sure that the space between reality and fantasy is maintained.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: The Argument

You hear about such lives every now and again; of an old man declaring, “Never a raised voice in 50 years of marriage”, or: “We never argued. Bless her (or his) soul”.  Leaving aside the viability of the astounding prefatory remark (i.e., that two people in this day and age could remain together for half a century), one wonders whether selective amnesia plays a significant role in such a statement.

Can it even be possible that two people who have been together for such a lengthy period of time could possible exist without any discernible conflict?  No friction; no irritation; no level of heightened stress such that a raised voice must be expressed.  Or, are they “playing” with the meaning of the word “argue”?

Perhaps there was a disagreement, by any measure of the word; or a dispute; or a failure to agree; but throughout, there may well never have been any untoward unpleasantness.

Does an argument have to be unpleasant in order for it to be an argument?  Or, can two or more people smile, be civil, remain cordial throughout, and simply state their points?  Are all disagreements arguments as well, or are some disagreements merely antithetical statements which never rise to the level of an argument?  Does it matter whether or not a “personal stake” is involved in the matter?  Is that why we often preface a statement with the preemptive strike and motive of avoiding an argument in saying, “No, please don’t take this personally, but … “?

For Federal employees and U.S. Postal Workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, if the goal is to live a life where there has never been an argument, then there is likely no point in filing at all.  OPM is there to argue and oppose; consult with an attorney who specializes in Federal Disability Retirement Law, and who has no qualms about arguing your case on your behalf.

Now, as to arguing with one’s spouse — that is a different matter, and this attorney who specializes in Federal Disability Retirement Law has no advice to give concerning such matters, or at the very least, refrains from arguing about the issue.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Traps and landmines

They are not just set on the roadsides of war zones or in public squares where the greatest damage can be projected; for, by analogy, they are in existence as metaphors of human deviancy and evil intents. Traps are deliberately set with motives and intentions to capture; landmines and other devices are put in place to maim, injure or kill.

Then, of course, there are analogies used and metaphors employed — of legal traps and linguistic landmines; of contracts that “hide” language in miniature fonts that are designed by clever lawyers to mislead and draw into a cobweb of entanglements meant to enclose, corner and — like traps and landmines — either to capture or to destroy.  Linguistic landmines and traps are the ones we encounter more often than the ones in war zones.

In other countries, in far away places where we see reporters “embedded” and whispering in hushed tones of urgency to give us a sense of danger and exotic misadventures, we get a sense of what real traps and landmines are all about.  But in this country, within our universe of relative calm and peace but for the periodic tumults of tragedies in the next city, the farther town or that “big city” out there — in such relative calm, it is usually just a casual trap of language or a landmine of a metaphorical sort.

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 applicant for Federal Disability Retirement must be cautious and wary of the legal and linguistic landmines and traps in the very preparation, formulation and filing of a Federal Disability Retirement Application.

Those innocent-looking forms, such as SF 3112A, Applicant’s Statement of Disability — while they do not pose the same danger as a mousetrap to a mouse or a landmine to a wandering child on foreign soil — nevertheless, they can become problematic unless you are aware of the dangers posed, much like those traps and landmines we hopefully will never encounter in war zones and conflicts afar, in a metaphorical sense.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: The empty plaque

Somehow, they only retain their meaning and significance if there is an ongoing recognition of current accomplishment and recent reinforcements.  Commemorative plaques may provide a historical context of one’s abilities and talents, and even reveal a shadow of a person’s former self; yet, they also magnify the contrast between what once was and the current state of difficulties one faces.

The “plaque” that is placed prominently on a wall, or occupies a conspicuous space on one’s desk, should never be a “dead” object.  For, once the plaque becomes a forgotten piece of history, as opposed to a mere intermediate interlude on the way to greater heights of accomplishments, it becomes a reminder of a past now irrelevant and unimportant.

Plaques should be the middle portion of a life still to be lived and not the final, indelible stamp of cessation.  Moreover, in modernity, the realization that accolades, fame and yesterday’s recognition mean little-to-nothing in this fast-paced universe where thanks are for a moment ago and resting upon one’s laurels will leave you behind quicker than quick, leaves one with a hollow feeling of trembling insecurities.

The empty plaque is the one you hope will carry you through when nothing much happens, even when you know it will not.

For Federal employees and U.S. Postal workers who suffer from a medical condition, 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, the significance of the plaque becoming empty is quickly realized: Whatever accomplishments that were achieved yesterday is unimpressive to the Federal agency or the Postal Service; whatever loyalty you believed was forthcoming because of your loyalty given over so many years…well, don’t hold your breath.

In this world where commitment, loyalty and reliance upon plaques and other objects of recognition hold sway for barely a nod or a wink of time, it is best to begin thinking about yourself, and preparing, formulating and filing 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, is the first step in recognizing that the empty plaque sitting on one’s desk or hanging upon the wall became empty once your usefulness to the agency or the Postal Service became compromised by the medical condition itself.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal & Postal Workers: The packet

The packet to be submitted in an OPM Disability Retirement filing is the entirety of what is constituted by the evidence, the statements and documentation — in other words, the compendium of all that will be used in order to seek an approval from the U.S. Office of Personnel Management.

At the beginning of the process — i.e., when the Federal or Postal employee first contemplated engaging this administrative process called “Federal Disability Retirement” — the Federal or Postal employee was faced with a slew of blank forms, beginning with the SF 3107 Series (Application for Immediate Retirement, Schedules A, B & C and the other forms that need to be completed by the Agency’s Human Resource Office), along with the SF 3112 Series (Applicant’s Statement of Disability; the Supervisor’s Statement; The Physician’s Statement; Agency’s Efforts for Reassignment and Accommodation form; the Checklist).

The “middle part” of the process is comprised in gathering the medical documentation that would support the Federal or Postal employee’s packet, as well as filling out the various questions.  Perhaps, during the administrative process — whether now awaiting a decision or still in the middle of completing the packet — the Federal or Postal employee asked one’s self: “Is it merely a matter of answering these questions, or is there a legal criteria that must be followed?”  For, while the questions on SF 3112A, Applicant’s Statement of Disability, may appear fairly straightforward, do not ever think that the U.S. Office of Personnel Management has assembled the Packet so that you can easily qualify for Federal Disability Retirement benefits.

The “Packet” contained Standard Forms to be completed; it even gives instructions at the beginning of each form.  However, as for the legal standard to be met and the requirements of what must be proven by a preponderance of the evidence — those little gems are nowhere contained in “The Packet”; that is something which the Federal or Postal employee must go out and seek, and the best place to begin is to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire