OPM Medical Disability Retirement: In Another’s Shoes

No one has time to imagine being in another’s shoes, anymore.  Hence, the lack of empathy in this world.  The reality of the insular world has been the dominant force for a full generation, or more, now.

The interaction through computer-based relationships on social media; the geek who never learned to pick up on social cues — of subtle facial expressions, the silent sigh, the unnoticed eye movements; and so the emotional evolution occurring within villages and towns came suddenly to a screeching halt based upon the promise that everyone would become less isolated in this new age of connectivity.

Bureaucracies and Federal agencies, of course, have always been know to be indifferent.  Long before the advent of the computer, the portrait of the uncaring governmental entity was a mainstay of ridicule and dark humor.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, dealing with the bureaucratic morass is merely one more indignity to endure.  Don’t expect OPM to have the imaginative creativity to be in another’s shoes; instead, what you need are the shoes of a legal expert who is knowledgeable in Federal Disability Retirement Law.

Contact a retirement attorney who specializes in OPM Disability Retirement Law, and begin the walk in another’s shoes where the uncaring bureaucracy is the one you depend upon in walking away in another’s shoes.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Retirement for Mental or Physical Incapacity: The Path Forward

In some ways, the concept itself is redundant.  For, the phrase implies an alternative issue — the path backwards, or sideways, or the metaphorical “fork in the road” of which we must choose, etc.  But those pathways have already been traveled, considered, investigated, ventured upon — and all have been already found to be the “wrong” direction.

Forward — it is the only remaining path, and the only issue left to consider is how to forge it and in what direction to take.  There is no “going back”; and trying to take the circuitous route instead of a direct assault forward will only delay matters and perhaps make things worse.  Forward is the path, and the path forward is the way to go.  Going back is merely to go over an already-worn and tiring direction and will ultimately get you nowhere except to become stuck in the past.

We must, instead, take our circumstances as they are, assess the damage already done, then begin to cut through the bramble bushes and forge a new pathway forward into the future.

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 path forward is to prepare an effective Federal Disability Retirement application under FERS and move forward in presenting it to the U.S. Office of Personnel Management for an approval.

In doing so, it is advisable to consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Government Employees: Whose Fault?

Where the blame attaches, the responsibility follows.  Blame is always a component of responsibility; they are cousins attached at the heart, or at the very least upon the stem of the brain.  Whenever anything happens in life, the second question is always, Whose fault?  Assuming that the first question had to do with the event itself (i.e., What happened? How did it happen? — which is a query that comes close to the “Whose Fault?” Question, etc.), the second and subsequent questions almost always seek to blame.

Why is that?  Well, for one thing, causation is often tied to the one who causes — the perpetrator of the action which triggers the series of events resulting in the calamity, etc.  An investigation into an accident; a man-made disaster that results in destruction; a negligent act causing harm; these, and many others, point to a cause whose origins point to fault and blame.  What follows thereafter is what we deem as “responsibility”; that the person to whom blame attaches is “responsible”, and concomitant consequences must then follow.

But what of medical conditions?  Can one attach “fault” or “blame”?  Whatever the answer to that question, the treatment the Federal Agency attaches to a Federal or Postal employee is akin to asking the question, Whose Fault?  For, once a Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal job, the manner in which the Federal Agency or the Postal Service treats the Federal or Postal employee is tantamount to asking the question, Whose Fault?

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin considering the process of filing for Federal Disability Retirement benefits, lest the Federal Agency or the Postal unit you work at deems you to be “at fault”, even though medical conditions are, indeed, a “no-fault” incident.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Chaotic Regularity

We have a need to order the world.  Some, but only a few, live by chaotic regularity, but when chaos gets to a point of regularity, there is also some semblance of order to such a world — one which can be predictably chaotic.  Chaos is a part of everyday life; of a sick child; a troubled relative; financial difficulties; a crippled pet; a spouse’s mood; a career’s ceiling; problems define the ability and capacity of an individual’s inner reserve.

Medical problems are often at the forefront of a chaotic regularity.  Yes, there are some who actually thrive in living a life of chaotic regularity, but most of us crave for the quietude of boredom.  For the rare few, perhaps the life of chaotic regularity finds comfort in daily disruptions; but for the rest of us, it is only the routine of monotony that allows for an exception of chaos to be acceptable.

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 idea of chaotic regularity is perhaps too comfortable and intimate.  The medical condition itself; the inability to do what once was so easily accomplished; and fear for the future — these must all enter into factoring the need to file for Federal Disability Retirement benefits under FERS.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement and seek to get out from the chaotic regularity that a medical condition imposes.  For, it was on the Seventh Day that quietude finally came…

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

Early Retirement for Federal Workers with Disabilities: Progress

Whether as a noun or a verb, the definition remains a mirror-image of one another.  Moreover, it is the implication that always makes one pause — of a juggernaut forward, always advancing, and where societal norms and interpretations forever seem to cast a judgment upon the lack thereof.

In other societies, the status quo or clinging on to traditions, what has “always been”, or even just to maintain a semblance of what was done yesterday, is enough and sufficient for contentment and happiness.  Here, in modernity, “progress” is always about the new, the innovative, and yesterday’s accolades are merely today’s lesser applause.

Progress as a noun indicates a noticeable jump in comparison to today, and a quantum leap by standards of yesterday; and as a verb, it is the action of always advancing, like an army that never sleeps and a navy whose ships never cease amidst the waves of twilight engines churning ever forward.  Are we never allowed to rest for a moment?  Do vacations count, or naps to refresh and recollect our thoughts?

Modern life is always seemingly one of movement with never an allowance for reflection as to whether the direction we are moving towards is the right one, leaving aside whether we even desire to be drawn within the compass of spectrums undecided.

And what about a chronic medical condition — when it develops, arises and begins to impede, do we look upon it merely as a nuisance as opposed to a priority, and is it because it blocks this pathway of the mythology that “progress” must always be maintained?  Do others see it as an impediment, as well, where “slowing down” the team means that you must be sacrificed and cast aside, left behind like so much human detritus no longer of value or worth?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the disabling medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job and position, it is often this ingrained sense of “progress” (or lack thereof) that begins to insidiously overwhelm.  For, we in the West have a warped sense of time, value, priorities and perspectives when it comes to what constitutes and reflects progress.

Preparing a Federal Disability Retirement can be viewed as a form of “progress”, if only because it allows for a different turn, another option and a perspective taken in another form of what it means to “progress” (emphasis on the last syllable).

Sometimes in life, one’s priorities have to be evaluated and reconstituted; just “moving forward” is not necessarily progress for everyone at all times, and preparing, formulating and filing an effective Federal Disability Retirement application when everyone else seems to be leaving you behind may merely indicate progress away from the pack of lies that you have been fed throughout your life, that mere movement means that you are going anywhere, and the needle of the compass tells of which direction.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: When and what to file

In preparing an application for Federal Disability Retirement, multiple standard government forms must be completed.  As most Federal employees and U.S. Postal workers are under the “FERS” system (an acronym for “Federal Employees Retirement System”) as opposed to the older system of CSRS (standing for, “Civil Service Retirement System”), the applicable forms are comprised of two (2) “sets”:  The SF 3107 Series (encompassing the basic forms needed to apply for “immediate retirement”, which is part of the process of filing for Federal Disability Retirement) and the SF 3112 Series (which includes the Applicant’s Statement of Disability – SF 3112A; the Supervisor’s Statement – SF 3112B ; and the Agency’s efforts for Reassignment and Accommodation form – SF 3112D).

Both sets of forms must be completed, and it is essential that the applicant understands the complexity, involvement and onerous nature of each form, before engaging in the process of preparing, formulating and filing an effective Federal Disability Retirement application.  All such forms – once completed – need to be “filed” with the appropriate agency, and this becomes somewhat tricky.

To understand the administrative process of the entire procedural phenomenon, we need to begin with the oversight of some statutory principles.  First, all Federal Disability Retirement applications must be filed with the U.S. Office of Personnel Management within one (1) year of being separated from the Federal Agency or the U.S. Postal Service.  But there are “sub-parts” to such a Statute of Limitations (so named because it limits the ability of a Federal or Postal employee from filing a Federal Disability Retirement application if one goes past the 1-year deadline).

The first “subpart” concerns the initial 31 days after separation from Federal Service.  If you, as a Federal employee or U.S. Postal employee, have been separated, but not for more than thirty one (31) days, then you should still file through your agency’s Human Resource Office or the H.R. Shared Service Office of the U.S. Postal Service, located in Greensboro, North Carolina.  As a practical matter, if the time of separation is approaching the 31st day, you should probably just wait until after the 31-day period, and instead file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania – which brings us to the second “subpart” concerning separation from Federal Service or the U.S. Postal Service:  If you have been separated for over 31 days from the Federal Agency or the U.S. Postal Service, then you are required to file your Federal Disability Retirement application directly to the U.S. Office of Personnel Management in Boyers, Pennsylvania.

Likely, if you have been separated from the Federal Agency or the U.S. Postal Service, the U.S. Office of Personnel Management in Boyers, Pennsylvania will request your SF 50 or PS Form 50, which is evidence of the actual separation from your Federal Agency (now former) or the U.S. Postal Service; but even if your former Agency or the U.S. Postal Service has not yet issued you such a form, indicating the formal separation from Federal Service, you should always make sure that you file your Federal Disability Retirement application before the 1-year Statute of Limitations has expired.

Beyond these “fundamentals” of when and what to file, are substantive and procedural issues which are too complex to extrapolate in a limited forum.  To further understand the intricacies, you as a Federal or Postal employee, if considering preparing, formulating and filing for Federal Disability Retirement benefits, should either exhaustively research the statutory or case-law background in preparing your Federal or Postal Disability Retirement application, or consult an attorney who is knowledgeable about issues concering the proper preparation, formulation and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pretending

It is the creative imagination which ultimately separates man from his counterpart; and, in the end, those costumes we display, and wear as vestiges of who we were, what we have become, and how we want others to appreciate us — in the aggregate, they reveal either our pretending selves, or at the very least, our pretentiousness.

For Federal employees and U.S. Postal workers who have a medical condition, such that the medical condition necessitates filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the extension from childhood through adulthood is best personified in the ability and capacity to “pretend” — assume the role of the loyal civil servant; march on in quiet suffering; brave through in silent grief the turmoil of a progressively worsening medical condition.  But when “pretend” encounters the reality of pain and self-immolation of destruction and deterioration, there comes a point in time where childhood fantasies and dreams of want and desire must be replaced with the reality of what “is”.

That annoying verb, “to be”, keeps cropping up as an obstacle of reality, forever obstructing and denying.  Reality sometimes must hit us over the head with harsh tools of sudden awakenings; for the Federal or Postal worker who must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the wake-up call is often the alarm-clock that rings after a long weekend, when rest and respite should have restored one to healthy readiness on the workday following, but where somehow the face of pretending must still remain.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from the U.S. Postal Service and other Federal Agencies: The State of Solitude

Having a medical condition necessarily results in a state of solitude.  While others can empathize, no one else can fully comprehend the totality of the experiential turmoil and trauma, the emotional, physical and psychological toll upon the diminished personhood and the daily struggle endured.  It is a solitary state of existence, and all the more so when individuals, agencies, friends, family and acquaintances fail to take the time to understand.

For Federal employees and U.S. Postal workers who must, on top of the medical condition itself and the residual impact and consequential symptomatologies which pervade and cling, like dust mites slowly feeding upon the progressive trail of human deterioration, continue to contend with the exacerbating and exasperating reaction of one’s own agency, supervisors, managers and coworkers who engage in daily pettifoggery of irritating acts of hostility and unpleasantness, the dual contention of dealing with the medical condition while concurrently responding to adverse actions by the agency or the Postal Service, only serves to exponentially increase the tension and turmoil.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is not (and should not be) an issue of surrendering to the slings and arrows of the agency or the U.S. Postal Service; rather, it is a recognition and acknowledgement as to the greater priorities of one’s life:  to continue with an agency or organization that clearly no longer wants or needs you, and thereby complicate properly and adequately attending to the medical condition itself; or to affirmatively choose to forego the unnecessary stresses of an increasingly hostile work environment, and to take the required steps to prove, by a preponderance of the evidence, eligibility for medical retirement through the U.S. Office of Personnel Management.

There again, such a decision must be made within the contextual state of solitude; for, in the end, it is only the person experiencing the trauma of the medical condition who understands the need to lessen the solicitous state of existence, in order to escape the solitude of a soul’s anguish.

Sincerely,

Robert R. McGill, Esquire