Tag Archives: opm new hire excessive absent for medical conditions

OPM Disability Retirement under FERS: The Trials of Life

This is a difficult period in everyone’s life.  We can try and put a brave front, attempt to have a “positive outlook”, and walk around with a frozen smile on our faces, but the plain fact is that life is tough.

These days, the trials which we face often appear to be insurmountable.  Inflation eats away at the stagnant pay; the bureaucratic state seems to pass legislation after legislation which does nothing for the middle class; the amount of waste and fraud in the federal expenditures leaves one wondering — why do we pay so much in taxes when everything seems to be given away in mindless and useless political paybacks?

Did we really have to give those billions for corporations to start building computer chip factories?  How many billions were stolen for pandemic-relief monies?  At last count, was it (conservatively estimating) some 40 – 60 Billion?  What percentage of kids are now on some form of anti-depressants?  How many kids are now unable to read, write, or to pass basic educational tests?  How many suicides are there, now, every day, every month, every year?

And meanwhile, we see the value of our paychecks diminishing because of the inflationary cauldron we fail to understand.

The trials of life, indeed, are heavy in modernity, but one aspect which still provides a ray of hope for people concerns Federal Disability Retirement Law under the FERS disability system.  At least, there, the Federal Government has continued to recognize the value of providing for Federal Disability Retirement benefits for those who cannot continue to work in the career of your choice.

Contact a FERS Medical Attorney who specializes in Federal Disability Retirement Law, and recognize that — even in the midst of the trials of life — there is still a benefit which can help a FERS employee who can no longer perform one or more of the essential elements of your Federal job.

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 Help: OPM’s Medical Specialists

OPM — the U.S. Office of Personnel Management — has “Medical Specialists” from the “Boyers Division” to review, evaluate, assess and ultimately make decisions upon each Federal Disability Retirement application submitted by Federal and Postal employees under FERS.

Now, there is no doubt that they possess unique medical knowledge — to whatever degree that they hold, from whatever perspective they come from, and the context of their applying such knowledge and background, etc.  But they are not lawyers.

Doctors and nurses have a specific perspective in viewing the world, just as lawyers and engineers, also, have a unique perspective. Their background and expertise is like a colored lens through which the world is seen.

Federal Disability Retirement is not just about a medical condition; it is, instead, the nexus between the medical condition and one’s ability/inability to perform one or more of the essential elements of one’s Federal or Postal job, within the context of a continuously-growing body of law.  That is why OPM’s Medical Specialists are often wrong in their conclusions in making a determination on a Federal Disability Retirement application.

If you need to file for Federal Disability Retirement benefits, or have been denied such benefits from OPM, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law; for, in the end, it is not up to OPM’s Medical Specialists to make the final conclusion on a Federal Disability Retirement application — rather, it is The Law.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

Federal Disability Retirement: SF 3112A, Applicant’s Statement of Disability

Preparing an effective SF 3112A, Applicant’s Statement of Disability, is a daunting task.  The questions are tricky, the space within which to answer them is restrictive, and one wonders whether too much information is better than too little, and furthermore, how does one determine the extent of detail necessary, etc.  What to exclude in an OPM Disability Retirement application is often just as important as its opposite: What to include.

While most mistakes are correctible, the one mistake which cannot be amended, modified or restructured, is to put blinders on the U.S. Office of Personnel Management once they have seen something.  Thus, it is important to be able to objectively make determinations on importance, significance, relevance and necessary material.  Importance: That which is essential in proving one’s case.  Significance: If it is important, it is normally significant; if it is significant, it may not necessarily be important.  Relevance: The superfluous should be excluded.  And necessary: That which meets the legal criteria.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law — for, that may be the first step in the proper preparation of an SF 3112A Applicant’s Statement of Disability.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for FERS Gov. Employees: A Trail of Regrets

Two images are evoked by such a phrase: One, of a traveler who leaves behind a trail of regrets; the other, a traveler who travels upon a trail that has already been traveled.  The former allows for new paths to be discovered; the latter, of a trail that has already been established, and one which regretfully cannot be altered.  It is the subtle distinction between the teacher who has only taught and the experimenter who has actually lived it; the contemplator, as opposed to the one who gets his hands dirty; the one who procrastinates forever and a day, in contradistinction to the individual of action.

Regrets are a funny animal; they haunt us like loyal dogs who never leave our side, and like collectors who cannot sell their accumulated pieces, the weight of the aggregate is what ultimately destroys.  The longer we live, the greater the chance of having gathered regrets that tether our souls; and in the end, it is the state of our souls which we need to be concerned about.

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 his or her job, the choices are clear: remain and endure the suffering; quit and walk away; or file for Federal Disability Retirement benefits.  The First may leave a trail of regrets; the Second, a trail to be traveled upon; and it is the third — to file for FERS Disability Retirement benefits — that may allow for a new path for one’s future, where one may leave behind that trail of regrets.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: That Moment of Opening

Whether of a book, a secret or a personal relationship, there is always that moment of opening.

The pause of anticipation before the reading of the first word of a novel announced to be a masterpiece of literary discourse; or of a secret, long lost and hidden in the family closet, now to be revealed where eyes and ears pierce with trembling knowledge that one’s self-identity may never be the same once the revelation has been heard; or of a relationship that suddenly takes on a serious tone, where once friendship may have been the placard of ease and comfort, but when that moment of opening emphasizes an intimacy that creates a bridge beyond a mere casual acquaintanceship.

There is that moment of opening; and whether we punctuate it with a declarative, “Aha!” — or perhaps a quiet fluttering of a heart’s murmur, or even a quickening of one’s breathing; and then it is over and past.

Revelations of any kind come to us like the door that was once locked but is suddenly a passageway once the right key is discovered; or is forced open with a blunt kick or pried open slowly but with persistent cunning; and then the other side of midnight reveals that which we once thought was closed to us, remained a mystery, until that very moment of opening.

Suffering; medical conditions; even a realization that things must change in our lives — they all happen upon a moment of opening.

For Federal employees and U.S. Postal workers who struggle to continue in careers that can no longer be maintained because of a medical condition that prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job — it is often upon that moment of opening that a decision must finally be made about preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Don’t, however, let that crucial moment of opening suddenly close by allowing too much time to lapse, where conditions worsen to a point of creating a crisis.  Filing for OPM Disability Retirement benefits requires careful planning and thoughtful strategies.  Consult with an experienced FERS Attorney who specializes in Federal Disability Retirement Law, preferably at the moment of opening where the pathway of realization meets the dawn of recognition.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Adapting to Change

Survival of the species depends upon it; the paradigm of evolutionary theory mandates it; and the human propagation for advancement thrives through it.

Change is difficult.  It was once believed that the malleability of youth allowed for greater resistance to a damaged psyche; yet, from the plethora of late-night confessions, it has become clear that divorce and family divisions left residual scars upon children no matter how “friendly” the split-up was, no matter how much love, co-parenting support and so-called theories of “if I’m happy, you’re happy” blather was pasted thick upon the self-justifying reasons given; in the end, the trauma of change, upheaval, disruption and interruption have their lasting effects upon the shaken foundations wrought by the earthquakes of human existence.

Change; how we respond to it; what adaptive measures are taken; where the vulnerabilities appear; and the manner, timing and susceptibility to reverberations of lasting consequences — they all take their toll, don’t they?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, change is inevitable, and adapting to change — a necessity.

But, then, adapting to change has already been a reality, if one pauses and thinks about it — to the change in one’s health through the chronic and debilitating medical condition; the need to have adapted to the growing sense of urgency as the medical condition has worsened over time; these, and many more changes have already forced the Federal and Postal employee contemplating further changes to adapt at each step of the way.  But that “final step” — of preparing an effective Federal Disability Retirement application — is an important one, and to make the best of the changes that are inevitable, it is a prudent idea to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire