OPM Disability Retirement Legal Advice: The Soil of Easy Growth

We plant seeds in such soil — that enriched type which allows for delicate seedlings to begin life with a fresh sprout.  Metaphorically, we try and provide that for our kids — of that rich “soil” for easy growth — of a healthy, positive environment; toys; warmth; needs taken care of; of supportive extended family; protection against potential dangers; of puppy licks and hugs to give the newborn the soil of easy growth.

But then things change.  We cannot forever seclude children from the greater world of dangers and devices; and it is the periods of drought which strengthens, the encounters with poor soil which challenges, and winds of turmoil which helps the plant to become stronger.  And so it is with people.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal worker to thrive in the career of his or her choosing, it may be time to consider filing for OPM Disability Retirement benefits.  The soil of easy growth may once have been the Federal or Postal job; but with the advent of a medical condition, that soil has now turned into the poor soil of clay.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and consider changing your current career into another area of soil where the soil of past easy growth may yet bring forth the greater fruits of productivity.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: The Grace of Good Health

It is true in both senses: of the grace of movement which good health allows for, and the grace bestowed in allowing for good health.  When that grace is withdrawn, we suddenly recognize how much we took it for granted.

We cannot, of course, live our days constantly thankful for that gift; for, if we constantly declare how “thankful” we are, we would waste our time by not doing what good health provides: the capacity to live a productive life — aside from the fact that it is irritating to meet a person who is constantly saying things like, “Oh, I am so thankful!” Or “Isn’t it great to be alive!”

The point is to show one’s appreciation by living well, and to not abuse or misuse the grace which is bestowed.  It is fine to be thankful; it is irritating to keep thanking over and over again, and becomes an embarrassment after the third time.

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 grace of good health has been partially withdrawn.

It is not, fortunately, “total disability” which needs to be proven, but a lesser legal standard of being unable to perform one or more of the essential elements of your Federal or Postal job.  For that, you can be thankful, and can more easily meet the legal criteria for Federal Disability Retirement — but please, not to an irritating degree.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: Point-by-Point Refutation

Must every point made by the U.S. Office of Personnel Management be refuted point-by-point”?

Some points, of course, are rather irrelevant and harmless; others, perhaps disingenuous, at best, and poorly argued, at worst.  Still others are blatantly untrue (i.e., an euphemism for “a lie”), while the remaining are often taken out of context or singularly and deliberately isolated without considering the context of the actual meaning of the statement made.  Not every point needs a refutation.

Furthermore, what is the basis of the refutation? Is it merely your word, your opinion, etc., as opposed to the reviewing “medical specialist” at OPM — or, do you have refuting facts backed by the law in rebutting the untrue or “out-of-context” statement or allegation?

The point is, not every point needs to be refuted, but in making such an important determination, it is a good idea to consult with an experienced attorney who specializes in Federal Disability Retirement Law, lest the pointless point made by OPM becomes a greater point of contention that needs to be pointed out now in order to become beside the point later on in point of fact.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Worker Disability Retirement: Form-filling

There are the two sets of Standard Forms in a Federal Disability Retirement Application: The SF 3107 series, and the SF 3112 series.  Both are necessary in order to file for Federal Disability Retirement benefits.  The first set (SF 3107) merely requests basic information throughout the multiple pages — i.e., name, address, organization, date of birth, social security number, questions on life & health insurance, etc., as well as certifying the summary of your entire federal service, etc.

It is the second set of forms (SF 3112) which is specifically pertinent to the Federal Disability Retirement process — questions involving your medical conditions (beware of what and how to list them); what impact the medical conditions have upon the Federal or Postal job that you do (the need for establishing a “nexus” between the two); as well as any accommodation efforts provided by your agency (know what the term “accommodation” as a legally viable attempt constitutes, for many people are confused about the issue).

Ultimately, Federal Disability Retirement is far more than mere form-filling; for, most anyone can fill out the first set of forms (SF 3107 series); it is the second set (SF 3112 series) which inherently sets out the basis of a viable Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Descending Into

Whether into the arena of the devil’s playground or into insanity, the metaphor always seems to include a descent, and not its opposite, an ascent.  Why heaven is above and hell is below has been lost for its context and underlying meaning; the perspective of “up” as opposed to “down” must somehow be relevant, but science has certainly diminished the metaphorical significance by debunking any notions about time and place.

We now know that the sun does not “rise” and “set” in the rotational movement of the earth; that from the perspective of deep space, there is no “up” or “down”, and that our place within the universe is but a small, insignificant pinhole within the context of a greater universe.  But the human story, regardless of the cold perspective provided by science of an “objective” world, is that we descend into madness, descend into hell, and descend into chaos.

Language is a peculiar animal in this way; it uses its ordinary sense within a culturally relevant context, but when that context disappears or is no longer “alive”, the old manners of usage become an anomaly of puzzles.  Yet, even with its loss of cultural significance, “descending into” somehow maintains its appropriateness when it comes to mishaps, tragedies and difficulties.

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 position, descending into greater chaos and difficulties may be mitigated by preparing and filing an application for disability retirement.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of ascending towards another life beyond the Federal or Postal sector, thus preventing descending into a state of turmoil and possible termination.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Gov. Employees: Something Less

This is a country that has preached abundance for multiple decades, a couple of centuries, and certainly for a lengthy run on the concept: Expect more, not something less.  It has been touted as the flagship of opportunity, a place where dreams come true and hope abounds.  There has never been a view towards something less, for something less is an unacceptable concept to endure.

Commercials and television ads tout that we can “have it all”; that with a pill, things will be better; that if you buy a certain product, magic occurs; and if you whiten your teeth, everyone will like you better.  But what if life occurs where something less must be accepted?

Federal Disability Retirement pays 60% of the average of one’s highest 3 consecutive years of service for the first year, then 40% every year thereafter.  It is something less than what a Federal or Postal employee makes, but certainly something more than “nothing”.  It then actually does allow you to make something more — for, on top of the 60% the first year and 40% every year thereafter, you are allowed to go out into the private sector and make up to 80% of what your former Federal or Postal position currently pays.

Of course, your medical condition has already made you realize that life has to be adapted to with something less — something less than your full health; but Federal Disability Retirement does allow for something more, as well: Of a career beyond the Federal government.

Consult with an attorney who specializes in Federal Disability Retirement Law, and obtain the counsel and guidance of something more in dealing with a medical condition which has already resulted in something less — in terms of health and your ability to perform all of the essential elements of your Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Flower and the Bee

From an objective viewpoint, they represent a disparate set of entities.  On the face of it, they have nothing in common.  Yet, it is the symbiotic relationship that allows for pollination and propagation, and the nexus between the two is a necessary relationship between the two in order for new seeds to be generated, and for a thriving environment to continue to flourish.

How that “connection” between two dissimilar entities is developed, is a natural order originating from unseen forces; but how we have come to recognize the nexus is through observation, experience and logical analysis.  Much of what we do, see and pass by are similarly connected, but of which we fail to recognize the intersections.

Filing for Federal Disability Retirement benefits through OPM is often like that — of being denied simply because we fail to see the logical connections.  We believe, for example, that submitting old medical records that date far back would show how long we have suffered, but fail to see the connection that it might also reveal the converse: That, despite the medical condition, we were able to successfully perform our jobs.

Consult with an OPM Disability Attorney who specializes in FERS Medical Retirement Law and recognize the nexus that must be developed; and like the flower and the bee, begin to develop the connections necessary in order to pollinate a successful Federal Disability Retirement filing.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement System: Musical Chairs

Do you remember the fun of it — perhaps in elementary school or beyond?  The shrieking laugher; the methodology used; the adaptation for caution; the guarding of the few remaining chairs; the inevitable clash of 2 people trying to fit into one chair; the disappointment of elimination; and just the pure fun of it all.

Perhaps, in this day of political correctness, the game is no longer played, as inclusivity is the popular theme over elimination and exclusivity.  Yet, reality and the harsh lessons of the “real” world more than supports the metaphor of musical chairs.  It is a lesson well-learned — of life as a moment of music which suddenly ceases, and a decision must be quickly made that might alter the course of your life: To be a “part” of something, or to be forced to abandon it and to move on to something else.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the “music” of continuing in one’s Federal or Postal career has stopped and can no longer continue, and where “elimination” from the missing chair no longer available to continue in one’s career is forcing a decision to seek a seat in one’s life somewhere else, consult with a Federal Attorney who specializes in Federal Disability Retirement Law.

Elimination in the game of musical chairs is one thing; termination in the Federal Sector or the Postal Service — either because you can no longer perform your job, or from “excessive absences” or a similar reason, is a valid basis to file for Federal Disability Retirement benefits.  It might be a good idea to make some decisions before the music stops, and to get a head start in the game of real-life musical chairs.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Translation & Interpretation

On a superficial level, the difference between the two is often one of merely the “medium”: Translation involves the written text, while interpretation concerns the oral conversion from one language to another.  Used in a more complex, nuanced sense, however, both can involve oral and written communication; the difference being, translation encompasses the conversion of one language into another, whether orally or in written form, whereas interpretation involves the meaning behind the words translated.

We do this with ease each and every day; of listening to voices and sounds, warnings and admonitions, directions and requests — interpreting their meaning, force, relevance and impact as we live our lives.  We may translate the body language of another into what we deem as their “meaning”; or visit a foreign country with a dictionary in hand and attempt to comprehend the words and phrases spoken all around us.

We also interpret what is being said — of the content of the collective words and phrases jettisoned from mouths flapping words and emitting sounds, and how we interpret what we hear can make a difference in what we do, how we react and why we engage in the acts we embrace.  Law is an interpretive process, as well as a procedure involving translation.  It is a different kind of a language game involving statutes, case-laws and precedents that must undergo the complex translation and interpretation process.

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, it is important to consult with a FERS Disability Retirement Attorney who specializes in the translation and interpretation of Federal OPM Disability Retirement Law.

Don’t be left lost in the “foreign country” of Federal Disability Retirement Law and its complex administrative processes without consulting a “dictionary” of terms and legal phrases.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Logical Consistency

For even the general population, it used to be that “logical consistency” mattered.  To be “inconsistent” showed a semblance of unreliability, and even of suspicion of truthfulness.  The difference between mere “consistency” as opposed to “logical consistency” is one that demarcates between living a life based upon principles and holding contrary opinions simultaneously.  Thus, a person may live inconsistently — a pastor who preaches fidelity to marriage but is himself a philanderer — but live with great logical consistency in expounding upon his theological belief-system.

In argumentation, the “weak link” is both the logic of the statements posed as well as the consistency of opinions held.  In a Federal Disability Retirement case, “logical consistency” is based upon the appropriateness of the statements made, the medical conditions asserted and the laws which apply in order to meet the legal criteria to become eligible for Federal Disability Retirement benefits.

Mere “consistency” is not enough — i.e., to have a medical condition, to be unable to perform one or more of the essential elements of one’s job, to be in chronic pain, etc. “Consistency” may get you a step closer to an approval from OPM, but it is “Logical Consistency” — the arguments made, the evidence produced and submitted and the requirements met in a Federal Disability Retirement case — which will cross over into an approval for Federal Disability Retirement.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest consistency alone fails to get you far enough and logical consistency awakens the slumber that results in an approval from OPM.

Sincerely,

Robert R. McGill, Esquire