Tag Archives: opm disability law firm

FERS & CSRS Disability Retirement: The Purposeful Statement

Some narratives are written for the pure beauty of style and art; quiet in tenor, like the bamboo hollow whistling in the serenity of a morning breeze as the sun reaches the crest of the distant mountains, the place where wizards and warlords gather in solemn conferences around a fireplace of cooling ashes.  Then, there are informational pieces — direct lines of communication, shot at the reader like an arrow and with words to pierce the intended audience.

One’s Statement of Disability, written for purposes of inclusion in a Federal Disability Retirement application by the Federal employee or the U.S. Postal worker, and whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; the admixture of history, story, situation and persuasive argumentation, constitutes the purposeful narrative.  Stories reveal a truism; in the classical sense, a conflict, and an unfolding until it reaches a pinnacle of a resolution.

A statement of disability, written in response to questions posed by the U.S. Office of Personnel Management on Standard Form 3112A, may not yet have a resolution; otherwise, the need for filing for Federal Disability Retirement benefits would be somewhat meaningless.

But be not fooled; the narrative as delineated on SF 3112A, in the Applicant’s Statement of Disability, is a story filled with compelling drama and mixed with facts, circumstances, and contextual significance, no less than the great works of literature or the purposeful articles in technical journals and compendiums of esoteric writings; it is just that the particular narration as detailed on SF 3112A pinpoints a select audience, and is written from the soul of a Federal or Postal employee,  reaching out to a nameless bureaucracy in a world where numbers are assigned to faceless and nameless workers who have toiled for years without accolades and ceremonies, but where need is the basis of the written statement submitted for an approval from the U.S. Office of Personnel Management.

OPM Disability Retirement: The Power of Approval

Whether the Federal agency or the U.S. Postal Service can have a significant impact upon a Federal Disability Retirement application is a question often asked; then, of course, there are always suspicions that certain individuals and entities may try to undermine or otherwise sabotage, out of pure animus and acrimonious low-down-ness (not a legal or technical term, by any stretch of the imagination), by going through “back-door” channels and attempting to influence or otherwise paint a portrait of perverse circumstances.

At best, agencies, individuals and entities of the Federal kind can remain neutral and harmless; at worst, they can allege unspecified and unidentifiable, nefarious circumstances of associated behaviors or conduct issues otherwise unrelated but left to the unimaginative creativity of an OPM administrative specialist.  But then, since those would all be illegal and unofficial acts of retribution and retaliation, they would never be validated nor publicly acknowledged, anyway, and so only the suspicions would remain, without verifiable evidence of ascertained capability to influence or otherwise persuade a negative determination to be reached by the U.S. Office of Personnel Management.

To their credit, OPM asserts complete and total independence, and refuses to allow for any influence but for the legal criteria in evaluating a Federal Disability Retirement application, whether the individual is under FER, CSRS or CSRS Offset, and whether the Federal Disability Retirement application comes from the U.S. Postal Service or from one of hundreds of Federal agencies and departments across the country.

Neither a Federal agency nor the U.S. Postal Service can promise or otherwise grant a Federal Disability Retirement application to a Federal or Postal worker; only the U.S. Office of Personnel Management can do that.  Empty promises aside, whether by implication, inference or alleged influence, OPM is the only entity which can approve a Federal Disability Retirement application.

Yes, agencies can be more helpful than not (though that is rare); agencies can somewhat harm (though a Federal OPM Disability Retirement application is ultimately based upon the medical evidence gathered); and yes, agencies more often than not attempt to undermine rather than assist (despite thousands of Human Resource Specialists across the country claiming otherwise); despite all of this, it comes down to a single entity — the U.S. Office of Personnel Management, and no other agency — which grants or denies an approval for a Federal Disability Retirement application.  As such, beware of promises made; be cautious of settlements reached; and be dubious of claims of egomaniacal exponents of hyperbolic vituperations; they normally amount to the value of the verbal paper they are written upon.

Sincerely,

Robert R. McGill, Esquire

 

 

Reflections on Federal Disability Retirement this Independence Weekend

Each country has a symbolic date for celebrating independence; that historic marker which represents the freeing of a populace from the chains of tyranny.  Some may view it as an anachronism, and in such a mindset, it is merely another day off from the daily toil of work. Others, with half-hearted attempts at joining the revelry of the occasion, may actually convince themselves of the celebratory relevance of the extended weekend.

How does one keep alive the historic importance of past markers?  As veterans of past wars begin to decrease in number, so the present fervor of an event parallels the diminishing stature of the occasion.  Why is World War II more prominently featured than the “Great War” some mere decades preceding; and what of the cost of the Civil War?  As living memories fade, so the pages of history remain kept on dusty bookshelves left for college professors and their students to ponder. In the end, relevance of an event must be personalized; that is how connections are made.

For Federal and Postal Workers who suffer from a medical condition, such that the medical condition itself becomes a tyranny of dependence, it is precisely that marker which separates one from confinement which reveals a revelatory relevance to the greater world.  Filing for Federal Disability Retirement through the U.S. Office of Personnel Management, whether under FERS or CSRS, is an option available to all Federal and Postal employees who seek to become independent from the chains of turmoil and turbulence caused by one’s medical condition and the exacerbation of such conditions upon one’s Federal or Postal position.

Independence day is often a marker of historical significance, but it must always relate at the personal level for each individual. Otherwise, it remains merely an extension of another weekend.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: The Unchosen

It is a term and concept which denotes a negation of what once was; like an unfinished paragraph or a torn page in a novel, the act of undermining and incompleteness is implied; and so the reader will never know the full story or the thoughts once surfaced but buried forever in the settled dust of time.  A career cut short; quiet whispers of, “and he was such a promising young man…”

Federal and Postal Workers who file for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, fit nicely into that category of the unchosen.  Once part of the workforce, the need to detach, separate, and move on to another and different phase of life, career, vocation and stage — all are aggregately bundled into the entire process of separation from an organization which once chose, but because of circumstances beyond one’s immediate control, ascribed with the prefatory negation of that which once was.

When a medical condition impacts one’s ability to perform all of the essential elements of one’s job, the Federal employee has few choices.  Continue on as one of the chosen; walk away with nothing to show for it; allow the agency to determine the time and place of becoming one of the unchosen; or file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and have some semblance and control of being the master of one’s destiny and future.

Becoming the unchosen may begin with a preface of negation; it is up to the Federal and Postal Worker to replace the torn page, and complete the unfinished paragraph.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Disability Retirement: An Altered Life of Habituation

Loss of stature and status can come in many forms; we think too often in terms of financial status, of material belongings, where we live, with whom we associate, and the subtle evaluation of social consciousness in relation to our neighbors, friends and family.  But as work constitutes a majority of the time we expend, we often fail to understand the profound impact that we subconsciously place upon the status and standing we perceive within the employment arena.  This is closely related to the conceptual viability of bifurcating our “time at work” and “closing the door behind us” when we exit our place of employment, get into the car, and begin the commute home.

More and more, of course, the traditional dichotomy between work and personal life has been destroyed with the intrusive nature of email, smart phones, laptops and the constant need to keep in communication via electronic media.  The sanctity of the home life is deteriorating; weekends are merely interludes of a slower pace of work; and Sundays are rarely categorized as days of unreachable separateness.

With all traditional social and employment walls disintegrated, it becomes all the more profoundly insidious when one’s employment is severely impacted by a medical condition.

For Federal and Postal employees who must consider filing for Federal Disability Retirement benefits through the U.S. office of Personnel Management, whether under FERS or CSRS, the change from the status of “Federal employee” or “Postal Worker” to one of “Disability annuitant” can have a devastating psychological impact. For, in the end, it is not merely a change of status and stature; it is a profound alteration of a way of life, arrived at through habituation without thought, mindlessly embracing the insidiousness of technological intrusions which we never asked for and rarely sought.

The negative view for the Federal and Postal Worker is to myopically observe this profound change in sadness; the positive outlook is to have a fresh perspective, and to actually take the opportunity to use the time for rehabilitation of one’s health, perhaps just to be able to — for a brief moment in the history of one’s life — stop and smell the proverbial flower on the way out of the office door.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Suburban Sketches

Within the past 2 weeks:  a rabbit’s nest is discovered in the back yard; then, in the early morning dawn of the next morning, that same discovery is met with a predator whose presence is feared only in the limited universe of suburbia — the neighborhood cat.  Laying with a sense of indifference and aplomb, the cat is quickly shooed away, hoping against any glimmer of hope. Sure enough, the heads of the two young bunnies had been eaten.

And the second wildlife sketch (well, not quite, inasmuch as a backyard in suburbia hardly constitutes the wilds of woodland forests):  attending to some chores, a baby squirrel walks without thought or suspicion right up to this human; a moment later, the mother prances frantically, and in the quiet language known only to animals, directs the young prey back to the safety of trees and branches.

Humans are merely a species within the greater genus of animals, and yet we tend to forget that.  It is, of course, at our own peril that we forget the obvious.

For Federal and Postal Workers who encounter and engage the carnivorous power of an agency, the bureaucracy of destruction can quickly stamp out the youthful naiveté which the Federal or Postal Worker may exhibit.  Perhaps it is like the bunnies:  As long as one stays in the metaphorical nest of one’s own making, safety will be assured.  Or, like the baby squirrel:  Be open, and no harm will result.

Whatever the consequences of youthful exuberance, the difference is at least this:  For human, most mistakes based upon a reliance of trust do not end in terminal consequences; whereas, in the wild, a singular mistake can result in death.  Trust in one’s fellow man is a reflection of two sides of a single coin:  the one side, revealing moral character; on the other, naiveté.

When a medical condition impacts the Federal or Postal employee, and consideration is given as to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS, the query is often made as to how much trust should be granted or information should be revealed, and at what stage of the process, to the carnivorous animal known as “the agency”.

One should be able to glean the opinion of the undersigned as to the answer to that question, by the very nature of these sketches.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: To Be a Squirrel, for a Day

Watching them is an exercise of fascination; with nimble flight, to jump from a rooftop to the tip of a branch 10 feet away; scurry up and down trees with little thought (or is that merely a human projection without justification?) and no hesitation between the daredevil act and the graceful landing; and then to sunbathe in the midday warmth on a protruding ledge of the fence.

What a carefree existence; or so it would seem.  For, upon an extended observation, one realizes that there is never a moment when the squirrel is unaware of its surroundings, and that the anxiety-filled existence of human beings is not too different from that of the animal kingdom from which we conceptually separate ourselves, but of which reality forces a recognition of kinship.

One wonders how the ordinary individual can survive the daily stresses of life; but in turning to an uncomplicated animal such as a squirrel, you quickly realize that we are created as a bundle of stress-resistance nerves.  For the squirrel, the probability of a predator ready to pounce requires a heightened spectrum of awareness that approaches constant vigilance.  For the individual human being, the technological, artificial, but nevertheless just-as-real “stressors” of stimuli which require minute-by-minute responses, are readily received by the evolutionary adaptation first developed in the dangers of wildlife.

Thus, it is little wonder that when a medical condition hits an individual, the quickened pace of deterioration and progressive chronicity of the condition turns to debilitating impact.  By then, the stress-overload has reached its maximum impact.

For the Federal and Postal employee who is beset with a medical condition such that one must contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the time between the onset of the medical condition and the need to file is often short.  This should not be surprising, given that the Federal and Postal employee has often ignored or otherwise overcompensated for the warning signs of impending consequences.

OPM Disability Retirement can take some time to obtain.  Whether under FERS or CSRS, every Federal Disability Retirement application must be filed through the U.S. Office of Personnel Management, and the waiting time tends to be arbitrary, but in each case, somewhat lengthy.  Given that, once the crisis point of “needing” to file has been identified, it is important to take the next giant step and initiate the process.

And, like the squirrel of whom we imagine is merely frolicking in the sun, the lack of outward appearance of a need is never the true indicator of what is going on underneath.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Where Once, the Mirror Reflected

Communities are sensitive organisms; what constitutes one, how and when it is identified as such, and whether there exist any such entities, anymore, is of valid concern.

Is a suburb comprised of mansions constructed in the middle of an outlying tract of land, formerly occupied by a farm house, but where none of the neighbors know each other, seldom say hello, and never socialize, a community?  Does there have to be some interaction between neighbors, of showing and evidencing some concern or interest in one another’s lives, hobbies, common interests and attractions, before we can point to an aggregation of homes and declare that it is a “community”?

The origin of the word itself implies a “with”-ness among and between two or more people; and, in order to call a group of people a “community”, does not the identification of a group refer to an entity separate and unique from the rest of those surrounding the identifiably distinct group?

Furthermore, communities reflected a uniques set of social characteristics; like a mirror which reflects a recognizable face, so a community manifested a pattern of social characteristics distinct from a separate group.

Once upon a time, perhaps there existed a Federal community; or, perhaps, a particular agency or department revealed a cohesive set of principles and goals which set it apart from others.  For the Federal and Postal employee who suffers from a medical condition, and who finds him or herself no longer able to perform all of the essential elements of one’s job to full capacity, the harsh realization that one may no longer be able to continue with the agency — a community of sorts — is often a macrocosmic reflection of the micro-identifier of a mirror reflecting the future of one’s path.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, identifies the individual as somehow separate and apart; and what one saw previously in the mirror becomes a reflection upon the greater community one was once a part of, and no longer will be, like the disappearance of a social phenomena diffusely evident throughout the world.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Paradoxical Soiling of Sacrament

Can a person enter a religious institution (i.e., a church, a synagogue, etc.) without an intent to worship, but merely as an onlooker, and yet assume the role of a congregant without soiling the sacrament of its grounds? Tourists do that all the time, and perhaps mere “visitors” who desire to “try out” a church or other institution.

Is there a paradox in taking pictures of old Roman grounds of sacred pasts? Do we somehow justify actions by assuming one role (e.g., as a tourist and not a member) without the intent of what is originally meant of the place we visit? Can a person lie to one’s self, or unintentionally deceive others merely be entering a place of worship, or does one declare the status properly by having a digital camera in tow?

Similarly, if a Federal or Postal Worker goes to work without declaring one’s medical condition, and is able to for many years mask and conceal the inability to perform all of the essential elements of one’s job, is there anything wrong with such deception — except perhaps that one is doing grave harm by progressively and purposefully deteriorating one’s own body?

Federal and Postal Worker have a tendency to do that, and in today’s harsh and competitive work environment, holding onto one’s job at all costs appears to be the rule of thumb, until it becomes apparent to everyone around, and lastly to one’s self, that one cannot continue in the same vein, any longer.

In that event, filing for Federal Disability Retirement benefits, whether under FERS or CSRS, becomes the only viable option left; assuming, of course, that one has a body, mind or soul left to enjoy in retirement. But that is always the paradox of soiling any sacrament — especially the sacrament of one’s own body.

Sincerely,

Robert R. McGill, Esquire