OPM Retirement for Medical Incapacity: The boxes in Standard Forms

For some forms, it is a convenience to have a restrictive, limited “box” in which to put the “x” into, or maybe the needed “Not Applicable”; others, however, try and contain a limited narrative and force succinctness into the standardization of answers.  That is all well and good, and perhaps from a bureaucratic standpoint and perspective, the conformity of forms and the mandatory “answers within a box” makes for streamlining of paperwork.

The reality, however, is that some questions cannot be answered — and more importantly, should not — within the proposed space allocated, and so you have two (2) choices: decrease the font size in order to fit a greater substance of the narrative within the provided box, or attach a continuation sheet despite no indication in the standard forms for allowance of such cheekiness of presumptuous creativity.

How does one identify which Standard Form should be prepared and completed within the confines of standardization, and which ones should not?   First, a conceptual identification should be applied: Which ones are merely “informational” that request only singular answers, and which forms make queries that compel for narrative answers?  Once that initial, identifying bifurcation is made, then the next step is to determine whether an adequate and sufficient response can be stated within the “box” provided within the font-size allowing for regular eyesight that does not require extraordinary magnification, or if a continuation sheet is necessary.

Thus, in a Federal Disability Retirement application, certain Standard Forms are merely informational — for example, the SF 3107 series which asks for basic, factual information.  Then, of course, there is the SF 3112 series, and especially SF 31112A, Applicant’s Statement of Disability.

For the Federal employee or the U.S. Postal worker under FERS, who is considering filing for Federal Disability Retirement benefits, the greater mistake has often been to quickly annotate within the boxes provided a swift “jotting down” of the medical conditions one “feels” — as if the body parts providing temporary sensations for a given day, or even the lack thereof, will sufficiently satisfy the eligibility requirements that must be met in order to become approved for a Federal Disability Retirement annuity.

Make no mistake about it: there can be dire legal consequences if SF 3112A is not completed properly and sufficiently.  And always remember the philosophical dictum: That which is necessary may not be necessarily sufficient, and that which is sufficient may not be sufficiently necessary.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Suffering

It is something that cannot be avoided; it is part of life, of living, of engaging.  The history of it existence is palpable; the tactile images throughout can be experienced in images painted and words described; and the various religions embrace it – some as a foundation that allows for forgiveness to alleviate that felt by others; many, as a foundation to explain it away; and still others, to train a disciplined life in order to avoid it, or at least to contain it.

Whether by meditation or medication; through enduring or embracing; or perhaps even by enjoying some form of it in a masochistic manner; it is there because the body, mind and soul are sensitized in the evolutionary process of advancement to remain heightened for survival’s sake.

Suffering is part of living; without it, we imagine that life would be a constant cauldron of endless merriment, when in fact its absence would spell the very definition of misery and decay.

Throughout history, sickness, death and suffering encapsulated an apt description of life, whether human or otherwise.  Thus did Thomas Hobbes admonish the world in his seminal work, Leviathan, where the famous passage describes the natural state all human beings find themselves in until the rescue by political community or social contract, that the life of man is “solitary, poor, nasty, brutish and short.”

But whether by social contract elevating the aggregation of humans into defensive communities envisioning civilization and cultivation beyond the penury of life’s misgivings, or some utopian belief that can result in avoidance of that which is inherent to us all, the fact is that suffering can at best be contained and limited, but never extinguished or eradicated.  Life famine, viruses, cats, weeds, moles, droughts and diseases – we can inoculate against and quarantine as best we can, but they keep coming back and rearing their heads up even after exhausting their nine lives and filling in the holes they have dug.

Suffering is, in the end, that which is there for a purpose – of allowing for feelings; of contrasting the opposite of ecstasy and joy, without which there would be no comprehension nor appreciation, as “being” cannot be understood without its flip-side, “nothingness”.  Thus, the question must always come down to:  Not “whether” it must be, but to what “extent” it needs be.

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 positional duties, it may well be that you have reached a pinnacle point of suffering such that preparing, formulating and filing an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, becomes a necessity.

Every Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, must make the “right” decision for him or her self, as to the timing, the substantive event and the future securitization for livelihood’s sake.  It is, in the end, suffering itself and the medical condition that overwhelms, that often determines such a course of action, and that is a very personal decision that each individual must decide in the most appropriate of circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement from Federal Job due to Disabilities: Setting up the Contingency for Failure

We all engage in it, at times; and like the vertical clearance events, like the high jump, the measurement of the horizontal bar can make a difference by fractions of inches or centimeters, and where we place the bar will determine the outcome of failure or success.  “If X, then Y,” we whisper to ourselves daily; “If I am able to get through this day, then it shows that I am better, and…”

But medical conditions, especially, have an unique characteristic of skewing and distorting the predictable outcome; and, further, when human desire, unfettered by comparative milestones used as “reality checks” in order to keep contained the buoyancy of human wants, becomes part of the equation, the systematic self-deception can occur through setting up contingencies which will inevitably fail.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of “when” to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management (submitted first through one’s own agency Human Resource Office if not yet separated from Federal Service or, if separated, not for more than 31 days; but if separated, within 1 year of being separated from service, which is the Statute of Limitations in all Federal Disability Retirement cases, with some stringent and narrow exceptions) has often been influenced by the imposition of setting up multiple and linear series of contingencies, all of which were doomed for failure.

That is why the very filing of a Federal Disability Retirement application often becomes a “crisis” of sorts; for, as we desire things beyond our reach, and know that such events are unlikely to happen, so we continually engage in such fantasies of hope, despite the facts which face us, the yearnings which remain unfulfilled, and the loud signals which have become sirens emitted from our bodies and inner souls, screaming to change course before the collision of life’s disaster brings tumult and chaos beyond the nightmares of our own making.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Early Medical Retirement: Sleep Disorders

Sleep disorders; non-restorative sleep; Sleep Apnea; Sleep dysfunctions; altogether, they can cumulatively comprise distinguishable medical disorders, but often are lumped together, and can encapsulate differing and almost opposite conditions, including idiopathic hypersomnia, major hypersomnolence disorder, insomnia, narcolepsy, and similar medical disabilities.  Often, the effects and symptoms are the major issues, resulting in profound and intractable fatigue; inability to focus or concentrate; lack of mental acuity, etc.

For Federal employees and U.S. Postal workers who suffer from various sleep disorders and varying severity of such sleep dysfunctions, the impact can be severe and palpable.  Whether in a sedentary, cognitive-intensive position where mental acuity and focus, concentration and attention to detail are impacted; or in “safety-related” work where reliance upon full awareness, wakefulness and perceptual judgment of one’s surroundings are critical; sleep disorders can have a direct and negative impact upon the Federal or Postal worker’s ability and capacity to perform all of the essential elements of the positional requirements.

Such sleep dysfunctions and sleep disorders are viable medical conditions which form a foundational basis for a Federal Disability Retirement application, submitted through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.

In past ages, people used to merely associate and dismiss daytime somnolence as mere “laziness” and lack of willpower; fortunately, we now know better, and such knowledge is reflective of a small but incremental advancement in human progression, which is always an amazing feat in this cesspool of ignorance we deem as civilization.

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