FERS Disability Retirement from OPM: Second Chances

In the wild, there are few such second chances.  Every now and again, one sees a documentary where a prey somehow escapes the grasp of the predator, but it is a rare sight.  When survival depends upon a meal, nature does not relent in favor of the weak.

In the human sphere, second chances are more common because a greater sophistication of higher human characteristics are involved (at least, sometimes), not the least of which include kindness, empathy, and selfless generosity.  We are capable of rising above the beast and acting at a level just below the angels.

Shakespeare and Milton recognized this greater capacity, as have many other authors (is it a contradiction that the English, known for their ” stiff upper lip” approach to life, would embrace such a worldview?).  And when a government passes legislation empowering its citizens with second chances, it is reflective of a higher and more civil spirit.

For Federal employees and U.S. Postal workers who suffer from a disabling injury or illness which requires a second chance, FERS Disability Retirement under the FERS system provides just such an opportunity.

To have greater assurance that the bureaucratic machinery of OPM will comply with the letter of the law, however, you may want to contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, for — even in the human sphere — there are still predators in the wild who fail to regard the spirit of the higher laws.

Sincerely,

Robert R. McGill
Federal Lawyer exclusively representing Federal & Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Medical Retirement: The Pause Before Advising

That momentary hesitation — is it because the answer is unknown, or because all other factors must be taken into consideration before sound advice is rendered?

If the former, then it is likely bad advice, if rendered regardless; of the latter, it reveals a thought process where all of the avenues to a potential answer, and their natural consequences gleaned through experience of prior similar instances, will likely ensue with what can only be declared “sound advice”.

Advising is what people love to do; unfortunately, it is the rare instance which results in rendering “sound and good advice”.  It is a cheap mode of feeling important and relevant; to render freely one’s opinion and advice on a matter; and even paid advice, whether in the legal field or financial investment arenas, can lead to dire consequences if followed inadvisedly.

The pause before advising — for an experienced attorney, that hesitation is always because the question posed must be seriously considered before rendering advice which is important and relevant to the query.

For Federal employees and U.S. Postal workers who need guidance, advice and experience in preparing, formulating and filing an effective Federal Disability Retirement application under FERS, contact an attorney who always pauses before advising; for, in the end, the best advice is the one which has first considered all aspects of the query posed, before giving a lifetime of experience in an art form which only rarely approaches science in its certainty.

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 Benefits: The Self

You are walking along a sidewalk, perhaps near your home or where you work; suddenly, a voice is heard and you look up, and someone of vague familiarity is pointing to you and declares in a loud, ecstatic voice: “Jason! It’s you! I can’t believe it — after all of these years!”

It turns out to be an old acquaintance; a person from your childhood, perhaps; someone you had not seen or heard from in many years.  Yet, the identification by the pointing of a finger, the declarative statement of a recognition of “you”, in their aggregate, establishes an acknowledgment which rarely occurs: there exists a “self” which is separate, unique and apart from “others”.

Maybe you don’t even like the guy; maybe you barely remember him or her as an integral link in your past; and yet, that very same individual, forgotten and unknown just a moment before, pointed to you and validated your existence of “the self”.  Maybe you converse for a while, invite him to your home, strike up a renewed relationship, go out to have some coffee, etc.  Or, maybe you deny any familiarity and keep walking, thinking that it is the introduction to a scam, even though you were correctly identified by name, but maybe it was by sheer coincidence and the next line out of the guy’s mouth was to be: “Hey, I found this wallet and there’s a lot of cash in it.  Here’s what we need to do…”.

It is a rare moment when we become confronted with “the self”, because for most of every person’s life, “the self” is merely an entity which moves through society like an automaton by habit and convenience.  In those rare moments, however, there is often a time of reflection — of one’s goals; one’s future; one’s need for change.

For Federal employees and U.S. Postal workers who have come to that point of self-reflection upon the self, and who have concluded that a medical condition is no longer compatible with continuation in one’s career, contact a Federal Disability Attorney who specializes in Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management.

It is often as a result of the hypothetical described above, or by an encounter with one’s deteriorating health, that “the self” is finally recognized, and with it, needed changes become apparent.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Doubt

Is it an emotion.  Or, is it an “instinctive sense”?  Perhaps a cognitive level of reasoned thought?  If the latter, do animals doubt?  Why do we often qualify it by adding the term, “a sense of”?

The dictionary definitions often avoid the doubt of doubt by including both: “A feeling of uncertainty or lack of conviction”.  Note the inclusion of both: Emotion (“feeling”) and Reason (“conviction”).  Whether of a feeling or of a rational basis, it allows one to pause, to ponder, to consider the various signs and symbols of life’s intractable problems, and to consider whether or not to move forward.

As you enter your house or apartment, does the door slightly ajar make you doubt?  Do certain indicators at work — of furtive glances, of avoidance by your supervisor, of closed-door meetings excluding you: Do they in the aggregate create a doubt?

Or, for Federal employees and U.S. Postal workers who are not quite sure as to the qualifying criteria in filing for Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management — is there a doubt?

Whether of a “feeling” or of a rational basis, you should contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law in order to cast aside any sense or idea of a doubt.

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: Preparing the Case for Submission

Sometimes, it only takes a matter of weeks; other times, months and months in the preparation period prior to submission of an OPM Medical Retirement package.  It is not something to be taken lightly.  Once submitted, your Human Resource Office will do their portion — of completing the Agency’s Certification of Reassignment and Accommodation, as well as the other and multiple bureaucratic processes.

Then, whether first to be routed through the finance office and then on to OPM, or if you are separated from service, directly to OPM without going through your Human Resource Office at all (except to separately secure a Supervisor’s Statement and the SF 3112D), the bureaucratic process of submitting and being reviewed for an approval or a denial from the U.S. Office of Personnel Management has begun.

“Preparing the case for submission” may have taken many months, and it is the crucial foundation in setting forth the success or failure of a FERS Disability Retirement application.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, lest the preparation of such an important submission should fall short of meeting the complex criteria necessary for a successful endeavor.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Difficult Road Ahead

It is not different for much of life; it is always a “difficult road ahead”.  Whether viewed in a poetic pentameter or in long, Faulkner-like narratives, the troubles, traumas, upheavals and disappointments felt, experienced and injured by most, is simply the cost of living an ordinary life.  There may well be lives out there which are untouched by troubles or tragedies; but as every family has a closet full of skeletons, so the “perfect family” as portrayed on social media is likely a mere facade concealing secrets of unstated hurts.

If given an opportunity, what 3 wishes would be asked for to blunt the difficult road ahead?  Wealth?  Yet, having unlimited financial resources will not necessarily make you “happy”.  Fame?  Will adulation and recognition bring about lasting contentment?  How about good health?  Yes, but if everyone around you is susceptible to the scars of illness, what good would it be if you are the only one left and all of your loved ones become debilitated?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent you from performing one or more of the essential elements of your job, the difficult road ahead is not merely the deterioration of your health, but the long process of trying to become approved by OPM for a Federal Disability Retirement application.  Perhaps neither wealth nor fame were ever a goal for you; perhaps good health was always hoped for; but in the end, the loss of our health makes the other two rather insignificant, and the difficult road ahead magnifies even more the value of good health.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and consider that the difficult road ahead may require someone who not only knows what direction to take, but which road will lead you back to fulfilling the wishes of your dreams.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Successful Equation

Remember those days in school when — not only did you have to know how to figure out the answer to a question — you actually had to know what the right “equation” was?  Without the proper equation, you could never solve the “problem”.  Yes, yes, you could do some tinkering around the edges — of “figuring out” in some unique way, but ultimately the only way to solve the issue was by rote memorization (something not required, anymore, in this day and age of computers and smartphones) of that mathematical statement on the near side of the equal sign.

If only life were like that — of simply memorizing the equation, then proceeding forward and solving every problem.  But that’s the nub of it all, isn’t it?

Life brings forth encounters and circumstances, “problems” and difficulties that refuse to respond to an equation pre-planned for the vicissitudes of life’s misgivings.  Are mathematicians better at adapting and responding to life’s travails?  Or, do philosophy majors and those who embrace dictums to live by (e.g., that all of life is a “river” and we can never step into the same one twice, and other such Chopra-like platitudes that carry us through difficult times) better sail through the trials that everyone inevitably faces?

The fact is, equations are often best left for mere theoretical applications, and rarely conform to the changes of life’s encounters.

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 search for an “equation” in preparing an effective Federal Disability Retirement application should begin with a consultation with an FERS Disability Attorney who specializes in Federal Disability Retirement Law.

While there may not be a pre-set equation to follow, there are certainly important steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: The Privy

As a verb, it allows for sharing in information secretive within confidences kept closely held; as a noun, an antonym of sorts — of a most public facility where privacy is needed, but which everyone uses for the most common of needs — of a place where we relieve ourselves and perform bodily functions that redden our cheeks with shame when spoken about.

Are we privy to the intimate thoughts of friends and loved ones?  Do we ask where the privy is when in London, Tokyo or Idaho?  Of the last of the tripartite places so identified, the response might be: “What’s that, hon?”  Of the middle, it could likely be: “Nan desu-ka?”  Of the first, with a neat British accent or the melody of a cockney dialect: “My good chap, just around the corner over there!”

Confidential information or the toilet; how many words in the English language allows for such duality of meanings depending upon where the word is inserted into a sentence?

That is how Federal and Postal employees who suffer from a medical condition often feel about their situation when a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job: For years, like the noun because he or she was a “valuable asset” to the Federal Agency or the Postal Service, where all confidential details were passes by you and you were always “in the loop” of everything important going on within the agency; then, when the medical condition hit and you began to take some Sick Leave and perhaps even a spate of LWOP, you were relegated to being a “noun” — no longer privy to the inner workings of the Agency or the Postal Service, but merely a privy on the outskirts of town.

When that happens — when you are no longer a verb, but an outcast noun — then you know that it is time to prepare, formulate and file an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, so that your place in the sentence of life will once again become an active verb, and not merely an outcast noun to be abandoned and forgotten in the grammar of vital living.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The daunting process

Many Federal and Postal employees call an attorney for an initial legal consultation because of the “daunting process” involved in filing for Federal Disability Retirement.  And, indeed, the complex administrative process involved in preparing, formulating and filing a Federal Disability Retirement application is a confounding, confusing and complicated process.

From the “how” of responding to the multiple questions on SF 3112A, Applicant’s Statement of Disability, to the quantity, volume and substance of “what” to include; to the issues surrounding what constitutes a viable and legal “accommodation” that may determine the truthfulness of a Supervisor’s Statement (SF 3112B) and Agency’s Efforts for Reassignment and Accommodation (SF 3112D); as well as peripheral issues that often intersect but may not necessarily impact or influence a Federal Disability Retirement application, to include (but not be limited to) EEO filings, a Performance Improvement Plan (PIP) implementation, “Fitness for Duty” evaluations, OWCP/Department of Labor filings that may be concurrently initiated, as well as the reason, rationale and impact of a Social Security Disability filing, etc. — they are all relevant, significant and consequential issues that, in their aggregate compendium of concerns involved, both ancillary and some central to the primary concern of Federal Disability Retirement, should be analyzed, evaluated and considered carefully.

For any Federal employee or U.S. Postal worker who is considering preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted (ultimately) to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of what to do with this “daunting process” can be allayed by first consulting with an attorney who is experienced in Federal Disability Retirement Law, and allowing the “daunting” part of the process to become nothing more than the squeaky mouse hidden in the corner that, before discovering the facts, once sounded like a burglar attempting to break in.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: In the “not working” world

Excellence is rarely seen; the artisan is dead to the world; and we all struggle through knowing that trinkets from foreign countries symbolize the incompetence of the universe in which we must continue to exist.  Something is not working.  We all know it, feel it, worry about it and whisper in circles where such things are concealed and rarely revealed.

Life is formed by multiple concentric circles; we live within various spectrums of such parallel universes, sometimes entering into one and exiting another; at other times, remaining stuck in between.  There is the objective reality “other there”; there is, then, the subjective world of our own thoughts, emotions, anxieties and unspoken soliloquies.

There are “worlds” out there that we know nothing about – of corporate boardrooms where issues are discussed that we only read about; of high places and conspiracies; of dungeons in other countries where unimaginable torture and cruelty are conducted; and all throughout, we remain within the narrow concentric circle of our family, friends, the limited sphere of people we know, and the problems that loom large within the consciousness of our own worlds.

Throughout, we know that there was once a time, long since past, where the world worked better; maybe, perfection had never been achieved, but the age of politeness, of courtesy, of communities actually caring and thriving; or, perhaps that existed only in those old black-and-white television shows like “Leave it to Beaver” or “Happy Days” (yes, yes, the latter one was in color).

There is a sense, today, that something is not working; that we live in a “not working” world, and no repairman can be called to “fix it” because no one has the skill or expertise to diagnose the problem, and even if there were such a person, we don’t quite know what the “it” is, anyway.

It is quite like a medical condition that begins to impede, to impose, to interfere – like Federal and Postal employees who have dedicated their entire lives to working for a Federal Agency or the U.S. Postal Service, then are beset with a medical condition that begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal position.

What does one do?  Can the doctor “fix” it?  Often, we have to simply live with it.

In those circumstances, the Federal or Postal employee who suffers from a medical condition and can no longer perform all of the essential elements of the Federal or Postal position, who lives in that concentric circle of a reality of living in a “not working” world, must consider the next steps – of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to step into another concentric universe of sorts, and move on in life.

Sincerely,

Robert R. McGill, Esquire