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

 

Medical Retirement from Federal Employment: The end of Act I, Scene I

Whether it is in some obscure off-Broadway play, or in a Shakespearean tragedy presented with lavish costumes and elaborate affectations, the end in Act I, Scene I sets the stage for the narrative following.  Yes, yes – one can argue that there are “other” scenes, acts, pivotal moments and significant slices which also formulate the argument for such commanding cohesion in a story; but that misses the point – for, if everything is relevant, then nothing is important; and if nothing is important, then it negates the pointing out of relevance itself.

The great Chekhov is the one who pointed out that, if you are going to introduce a shotgun in the first scene, then you must use it sometime, somewhere, later; otherwise, you have left the audience with a titillating artifice with no signification of purpose, thereby failing to be true and honest with your viewers and violating the sanctity of that most important of connections:  the collective belief of the audience of the constructed trust in you.

There are always pivotal moments in every life lived; of remorse and regret too burdensome to live out, or minor irritants of projects left undone and cast aside both in memory and in discourse of behavior.  We often treat the end of Act I, Scene I “as if” – and that is the mistake which the metaphor fails to embrace.  For, there are always many scenes to follow, and when we make too much of a slice of one’s life as that “pivotal” moment of despair and regret, it robs the rest of the narrative and creates a vacuum and extinguishment of life’s subsequent moments of linear significance, like the proverbial skeleton in the closet of one’s hidden past, echoing with haunting sobs of silent regrets, always pulling back into a time of past remorse, when a wider expanse of future hope still resides.

One should always keep a proper perspective, both in living a life as well as in learning of another’s; for, it cannot be that any single slice constitutes the entirety of the greater whole, and to make it so is to miss the opportunities of subsequent events by relying too heavily upon prior travesties.   To dwell on the past and to set a given moment as a sort of eureka event where an epiphany is attained is to remain forever stuck in a quick sand of self-delusion.

For Federal employees and U.S. Postal workers who are intending upon filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, but who – for whatever reasons of regret, remorse of affectations of reaching a seeming epiphany, and thus hesitates for fear of living that regret or remorse – the important thing to consider is that, while the end of a career may well constitute a change of present circumstances, it should merely be likened to the end of Act I, Scene I, and not the end of the play itself.

There is much to do beyond receiving a Federal Disability Retirement – one can, for instance, find a different kind of job, vocation or work in the private sector, and make up to 80% of what one’s (now former) Federal position currently pays, and continue to receive such pay on top of the Federal Disability Retirement annuity.  As such, the Federal or Postal employee should never simply pack up and go home after Act I, Scene I – as there is much left to the narrative, especially when it comes to living the real life of one’s own play.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement from Federal Government Employment: The broken record

Does the metaphor have any meaning for modernity, anymore?  Those discs made of shellac resin or vinyl, pressed into magical ridges where the needle would remain stable but for the warbling of the maze; but somehow that circular maze of ridges would have a scratch, directing the point of the needle to continue back into the previous ridge just traveled, like the lost child who cannot see beyond the walled ivy and keeps running frantically in circles, exhausted by the endless infinity of a pathway unable to be traversed beyond the limitless circularity of a philosopher’s argumentum ad nauseum, where tautology of teleology is likened to the boulder being pushed by Sisyphus.

But what of the individual who has never experienced the encounter with a broken record – neither in real life, nor in watching a movie or other inane television show where the manual labor of carefully lifting the needle by the undercarriage of a forefinger, then placing it gently onto the groove closest to the condemned one, possesses no contextual significance because of a lack of knowledge?

Those who have been dated by “aha” responses to such metaphors, take for granted such commonplace declarations; and when we meet with blank stares and confused eyelids, it dawns on us that there is no replacement for an actual experience of descriptive content.  For, the efficacy of the idiom itself is immediately lost upon an attempt to explain:  “You know, when a record starts to…”

And what of times previous to the introduction of the gramophone (boy, now we really are reaching back into time) – did the men and women from an era now past have such peculiar dialects that described repetitive droning of whining and complaining?  Was it something akin to, “Stop acting like a baying hyena,” where pioneers settled lands still dominating with lurking cries of wildlife and unsettled voices?

And what of foreign lands – countries afar and across the great oceans – did they recognize and identify the relevance of the repetition emitted by the spherical looping back upon a scratched surface, or was it ignored in other dialects as a ho-hum matter not worthy of creating a modern-day idiom to be added to the dictionary of everyday expressions?

The metaphor of the broken record is one whose utility has long passed; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has become a chronic state of inability in performing one or more of the essential elements of one’s Federal or Postal positional duties, the underlying and substantive content of the intersection with one’s career and life, remains relevant.  For, to the Agency, the U.S. Postal Service and the Supervisors, Managers and coworkers with the Federal Agency or the U.S. Postal worker – they view such chronic medical conditions like a “broken record” – of a fellow Federal or Postal worker who cannot “carry his or her” weight, anymore, and begins to treat the “situation” accordingly.

Human empathy lasts barely for a day; pernicious antagonism continues well beyond.  When it becomes clear that the Federal or Postal employee will no longer be able to abide by the conventions of the Federal or Postal rules, and others begin to view the use of Sick Leave, assertion of FMLA and constant need to shift workloads to others as acts to be punitively responded, it is time to consider preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to have that undercarriage lifted and placed gently onto the next ridge of one’s life, in an effort to avoid the metaphor of being a broken record.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Excision & Expiation

Sometimes, the former must be engaged in order to save the whole, lest the lesser segment spreads to infect the greater; while in different circumstances, of contexts involving spiritual offenses, the latter may suffice through acceptable acts of contrition or penance paid through rote words of sincere atonements.  In other instances, the act of the latter may account for the former, while the satisfaction through the former may be sufficient to complete the latter.

Excision is to surgically sever and remove, and then to discard and alienate from the body of which it was once a part; while expiation is to similarly remove, but which can still remain as a part of one’s history of misdeeds.  Both are acts engaged in for purposes of atonement beyond the present state of existential negativity.

For Federal employees and U.S. Postal workers who, despite the ongoing flagellation compounded by one’s Federal agency or the U.S. Postal Service upon the aggregation of negativity impounded through one’s deteriorating medical condition, continue to endure the proverbial adage that when it rains, it pours, consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

In many ways, filing for Federal Disability Retirement is tantamount to the duality of acts involving excision and expiation; for, like the former, approval of a Federal Disability Retirement annuity by OPM results in a separation from that very body of which the Federal or Postal employee was once a part of; and like the latter, it resolves the ongoing conflict and struggle between the Federal employee or the U.S. Postal worker, and the Federal entity or the U.S. Postal Service, in terms of work left undone, dissatisfaction because of lost time, excessive use of Sick Leave, or exhaustion of FMLA benefits, etc.

From the perspective of the Federal agency or the Post Office, excision is the preferred methodology, as the Federal agency or the U.S. Postal Service can then replace the separated employee with someone else.

From the perspective of the Federal employee or the U.S. Postal worker, the approval of a Federal Disability Retirement benefit amounts to an expiation of sorts, as rendering a benefit to make it all worthwhile, for the years of dedicated service and sacrifice given, and a recognition that those achievements and accomplishments have not been for naught, despite what the last remaining years where deteriorating health and progressively debilitating medical conditions wrought upon one’s reputation and employment relationships.

Excision and expiation; they are the dual forms of atonement for the Federal or Postal employee who takes the affirmative steps in preparing, formulating and filing for Federal Disability Retirement benefits, when it becomes apparent that loss of physical or mental capacity in the face of impending health conditions is not a basis for surrendering to the inevitable vicissitudes of what life brings to the fore of man’s future.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Jobs: Canards and Caustic Characters

Life is tough enough without having to deal with unfounded rumors, mongering of fears (the term “fear-mongering” is itself an interesting one, denoting a tradesman or merchant who specializes in the sale of specific goods, and thus implying a commerce of black-marketed ideas connoting instability, undesirable and shady commodities) and encounters with unpleasant invertebrates masking as human beings.

Canards float throughout workplaces like pheromones released and attracting species of a similar ilk, and suddenly the ravages of the herd mentality provoke a carnivorous feast of mauling and prey-stalking.  The “fix” is in, and you know it, and wait for it to come, like the inevitability of a season’s change and the waxing and waning of the crescent moon; only, when it is you as the bulls-eye target of caustic characters, the eternity of time in anticipation of the forthcoming tidal wave and onslaught of adversity seems like the slow travel of a singular teardrop down the dry gullies of a pock-marked surface.

For Federal employees and U.S. Postal workers who are in need of 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, that feeling of impending doom is familiar, close, and nevertheless unpleasant.

Agencies of the Federal kind (we speak not of State, County or Local ones, as this author has no knowledge of their characteristics and internal workings, although one may presume that, by stint of metaphor and symbolic comparison, there may be a kinship between and betwixt) and the U.S. Postal Service have a reputation to uphold, and the prevailing one always seems to involve canards and caustic characters, especially when it comes to treatment of fellow Federal and Postal employees with medical conditions, such that the medical conditions begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.

When the time comes — and the inevitability of when and how the Federal agency or the U.S. Postal Service will conduct itself is never without a shade of doubt — as to the need for filing for OPM Disability Retirement benefits, hopefully the Federal and Postal employee will leave the scene of the crime and go on with life with an OPM annuity, with mere memories of fading glories, for this canards and caustic characters who are left behind to boil in the meanness of their own making.

Sincerely,

Robert R. McGill, Esquire