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

 

FERS Disability Retirement for Federal Employees: The Difficult Case

At the outset, all Federal and Postal employees should know that there are rarely any “easy” cases in Federal Disability Retirement Law.

Are most cases, therefore, “difficult”?  Yes.  And the reasons why they are difficult vary and are many — for, in the end, Federal Disability Retirement is not merely a matter of the nexus between the medical condition and the Federal employee’s inability to perform all of the essential elements of his or her position; rather, it is about meeting the legal criteria and passing the scrutiny of a Federal Agency — the U.S. Office of Personnel Management — in becoming approved.

Yes, yes, of course the medical condition matters; and, yes, where the impact of the medical condition upon the essential elements of one’s job can be established, a great part of the case has then been proven.  But then there are the “details” of the case; of accommodations previously requested and provided, or not provided; the input of the supervisor’s statement; the question of any misconduct; whether and for what reason a person was separated from Federal Service prior to submission of the FERS Disability Retirement application, etc.

Every case is filled with potential difficulties, and thus is it important to consult with an attorney who specializes in FERS Disability Retirement Law, lest the “difficult case” turn into an “impossible” one.

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

 

OPM Disability Retirement: The Lies We Tell Ourselves

The linguistic/philosophical conundrum, to begin with, is the question: Can a person lie to one’s self?  Conceptually, it is an interesting phenomenon; for, the same person to whom one is lying to is identical to the one who is conveying the falsehood, and so — assuming that individual X does not suffer from some psychological state of a “split personality” or has a disengagement between one side of the brain with the other — is it even conceivable that a “lie” could be told if the person to whom it is told cannot possibly be duped into believing it?  For, isn’t the purpose of lying to someone to persuade that someone of its truth?

But if the falsehood is known from the outset, then what would be the purpose of lying to that person in the first place?  Of course, there could be a more subtle form of the phenomenon — sort of like the “world’s best-kept secret — known by everyone” type of experience where, although X knows that it is a lie, X feels comfortable in living the lie and thus continues on “as if”.

Take the following hypothetical: X’s kids are spoiled brats.  Everywhere they go — to restaurants, friend’s house, Grandma’s home — they fuss and whine and throw tantrums.  But instead of trying to correct the problem you say to yourself (and everyone else affirms it): Oh, they are just such brilliant kids that their rambunctiousness is merely a testament to their inner creativity — or some such similarly meaningless fodder as that.  Or, what about a health issue which is becoming progressively debilitating?  Don’t we lie to ourselves about that?  Oh, it’ll go away.  It’ll get better.  Today, I feel better, etc.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition continues to progressively worsen, and has impacted one’s ability to continue in one’s career — it may be time to stop lying to yourself, and to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  For, while the lies we tell ourselves may not always be harmful, it is often the one that we secretly know to be a falsehood that comes back to haunt us.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Human Nature

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs.  For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle. Dangerous Animals” or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature.  What is it?  We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them.  We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake.  Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list.  But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

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 issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise.  As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The Albatross

The reference is likely outdated.  One doesn’t hear of the phrase, anymore, that “X is like an albatross around my neck.”  If it is referenced at all, one is likely to witness everyone standing around within earshot to whip out their smartphones and Google it, to find: Literally a large sea bird.

The phrase alludes to Samuel Taylor Coleridge’s poem, “The Rime of the Ancient Mariner,” in which a sailor who shoots a friendly albatross is forced to wear its carcass around his neck as punishment.  But who reads Coleridge, anymore, leaving aside poetry as a genre outmoded in an age where entertainment and leisure must by necessity be at the click of a button or within the scrolling universe of a Smartphone?

The antiquated reference is an allusion (as opposed to an “illusion”) — you know, the poet’s attempt at painting a word picture of something else by referencing a certain concept; i.e., that literary device banned in SATs now because it became too difficult a subject to bear — is of something that brings about bad luck, or of negative consequences resulting from something we have done or an event which has caused things to turn against us.

Medical conditions can become an albatross around our necks; as our health progressively declines, it becomes a greater weight and burden because of the impact it has upon our ability to work.  For Federal employees and U.S. Postal workers who suffer from the albatross of a medical condition, it may be time to consult with an attorney who specializes in Federal Disability Retirement Law.

When one’s medical condition becomes an albatross which begins to prevent the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, whether as an allusion or an illusion that the medical condition will resolve itself, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity beyond the poet’s representation; it becomes a reality which must be attended to.

Sincerely,

Robert R. McGill, Attorney

 

Federal Disability Retirement: The respite

It is a time away; perhaps, a momentary lapse; that fifteen minutes of drinking one’s coffee while daydreaming, or lost in the saucer of one’s teacup in a vintage reflection where the slight crack in the china allows for memories to reclusively drift into never-ending smiles of forlorn embraces.

The respite is that time of getting away, of a break from this maddening world; of forgetting troubles for a moment; of not considering the financial and economic turmoils both of a personal nature and of a macro-sensibility that tends to haunt; and of a period of peace when we can just forget.  Maybe it is the 3-day weekend; or, perhaps just a memory of that time years ago, before screaming kids came upon us, prior to responsibilities and obligations squeezing the air out of pleasure and peace; or even a distance of yesterday or the day before.

Then, there are those who never have a respite; medical conditions tend to do that to us all.  They remind us of our mortality, our frailty, our inability to cope with the reality of a harshness when an isolated island echoes from dark caverns within.  Reality is a cruel thing; it quashes all dreams and hopes, and leaves one with a pit that is bottomless and without a sense of a future.

For Federal employees and U.S. Postal workers who are unable to find that moment of respite because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is time to consult with an attorney who specializes in Federal Disability Retirement Law, to begin the process of formulating and preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S.Office of Personnel Management.

Time is of the essence; time is precious; a time of respite is deserved by us all, and the turmoil of remaining at a job where the Federal or Postal employee can no longer perform is often the obstacle to the needed respite, and that is why filing for Federal Disability Retirement is so important.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Pathway of Choice

Pathways are peculiar entities; pre-Google Map times, they were a maze of forbidden routes, romanticized by a generation who were familiar with the television series, Route 66, and about hitchhiking, wrong turns, Robert Frost’s famous poem and Rand McNally road maps.

Now, of course, Google guides, directs, and (sometimes) allows for avoidance of unnecessary delays.  But is it the pathway of choice, and even more importantly, is the pathway chosen the best one for each one of us, the most advantageous for us, and the one which ultimately is in our best interests?  If the pathway that is chosen is simply so because all others are never known, or merely because that is the Robert-Frost-look-alike, when in fact it is delimited because of our lack of knowledge, is it really out of choice or of necessity?

Perhaps the career chosen is not turning out to be the realization of one’s dreams; or, as sometimes happens, an unfortunate set of circumstances has intervened — like a medical condition — and suddenly the pathway of choice that we thought would fulfill our hopes and dreams no longer seems possible; then what?

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition no longer allows us to perform all of the essential elements of the Federal or Postal positional duties, the pathway of choice for the immediate future may seem constricted:  Stay put and suffer; walk away with nothing; or, prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

That is the tripartite fork in the immediate road on the way to one’s pathway of choice; but then, there are other “forks in the road” beyond, such as being able to work at another job after one has been approved for Federal Disability Retirement benefits, whether in the private sector or in a state, county or municipal employment scenario.

Don’t be restricted to the immediacy of one’s pathway of choice, for there are many forks beyond, and the pathway of choice as dictated by Google maps only tells you which turn to make in the next quarter mile, and not about what may be chosen in future lives yet unforeseen.

Sincerely,

Robert R. McGill, Esquire