Disability Retirement for Federal Employees: Altering Events

There are critical junctures in everyday lives that alter the course of our plans, daydreams, expectations and choices.  Most are mundane and go on unnoticed; others, more significant and captivating; and those few, of memorable relevance which necessitate a wholesale upheaval and changing of the metaphorical furniture in one’s life.

Altering events are those new circumstances which change one’s perspective, outlook, attitude and priorities.  Medical conditions are normally included in that definition of altering events.

For Federal and Postal employees who suffer from a medical condition such that the medical condition has come to a critical juncture of an altering event, contact a disability attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, with the U.S. Office of Personnel Management.

For, in the end, all altering events become altering by the decision made by the altered individual, and not by the event alone.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: Accommodations

In everyday, common and familiar usage, what does the word “accommodations” mean?  It is to go out of one’s way in order to meet the needs of someone else.  It is to try and allow for another person to fit in, to find comfort or to be allowed to remain even though some extra effort may have to be expended.

In legal terms, especially in Federal Disability Retirement Law under FERS, the term “accommodations” has a similar meaning and import.  It is that “something” which the Federal Agency or the Postal unit must do such that a person who suffers from a medical condition or disability can continue to perform all of the essential elements of one’s Federal or Postal job.  It may well be that the Federal Agency or Postal Service is unable to accommodate the medical condition and, try as they might, a determination and conclusion is made that no such accommodations exist, or can be allowed for, because of the nature, extent and severity of the medical condition itself.

The “accommodation” question is one of the hurdles that must be overcome in a Federal Disability Retirement application.

It is a complexity in Federal Disability Retirement Law that poses many problems and greater questions.  Is the accommodation permanent or temporary?  Will it allow for the Federal or Postal worker to perform the essential elements of his or her position?  Can a future supervisor “take back” the modification allowed for, or does it become a permanent feature of the position description?

These and many other questions surround the issue of agency efforts for reassignment and accommodations, and in order to obtain clarification and move forward in a Federal Disability Retirement application, consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: How words matter

They do, don’t they?  Otherwise, how else to explain the endless plethora in the course of a single day, heard from every corner and source imaginable: The radio; the television; DVD; streaming; other electronic mediums; bystanders; on the telephone; written forms in email, texts, Facebook postings; everywhere, the insular words of a private-public conversation — public because much of it is accessible to everyone, except for those whispered soft nothings in the privacy of bedrooms and lips upon ears, but throughout acted upon “as if” each exchange of communication is between the sender and receiver, the declarative and the reply, the conversationalist and the lecturer; and so the infinite stream of words flow back and forth like the ebb of tides that have washed the shores of this earth from the beginning of time, or so it seems.

But what if actions never follow upon words; do they still matter?  When a person condemns another and shouts out, “He’s just full of it!” — what exactly do we mean?  A person makes a promise; words are spoken; perhaps even a “contract” is written up and entered into.  But then, nothing happens.  No actions are taken; a lawsuit is filed, and more words are entered into the database of the “justice system”; a trial is held, and more words spoken, this time in front of a judge.

At what point did the words originally spoken or written fail to matter, and when did they then again matter?  What is meant by “matter” — is it only in conjunction with actions taken, or do the words themselves, hanging in the suspended universe of the ethereal, have some impact despite no one taking any notice of it?  Is a “vow” or a “promise” something more than mere words?  If a person makes a promise and marries, takes the traditional vows of fidelity and honor, do the words matter, or only by the actions that follow, or both?  And what of the person who says nothing — in past ages, there were men (and women) who had a reputation of “being a man (or woman) of few words” — but always follows through on his or her commitments?  Do the words not spoken matter?

Yes, yes — the linguistic philosopher will observe that the very lack of words was telling all the same, but we are not talking about that — not of silence, but of words spoken, and not of those unspoken.  Thus do we say of the person who keeps his promise — “He is a man (or woman) of his/her word”. But what if he/she breaks every promise spoken, and says upon getting caught, “But I never meant a word of it anyway”?  Does that make a difference?  Or of the boring lecturer who no one listens to, but then when a fire breaks out and a small child yells, “Fire” and everyone listens and exits safely — how did the action following upon the words spoken matter?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has come to a point where preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, what must always be kept in mind is that the entire administrative process of the bureaucratic methodology of “Federal Disability Retirement” is based entirely upon “words” — of meeting the legal criteria with words; of describing the nexus between the medical condition and one’s positional duties with words; of making persuasive legal arguments with words.

Words matter by being effective, where actions follow upon the singularly unique encounter between the insular world of subjective words and the objective reality of “others” listening, taking it in, then acting upon them — as in granting an approval for a Federal Disability Retirement application upon a submission of a bunch of effective words that comprise a successful Federal Disability Retirement compilation.  That’s when words matter, and the manner in which words are put together.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The strange story of X

He was always reserved, and became even more so in the last few years.  Never one to first say hello, but always quick with a smile whenever anyone passed by his desk, those in the office kept away from him – not because he was unlikeable, or even because he himself initiated any enmity or scorn, but merely because that was the way things were.

He was a stranger among coworkers where working together brought individuals of different perspectives, outlooks, backgrounds and personalities together to form a union of common objectives. He was older than most of his fellow compatriots, but not too old to stand out as stodgy or unwelcomed. Most others simply knew him because he had been there for as long as they could remember, and some, of a time when he had not yet arrived.

The strange story of X is just that – it is not so strange, and he was just another individual whose anonymity was pronounced by the very likeness to everyone else’s story.  In this world where people work together for years and years, but where neighborliness stops at the clock that shows when office hours end and the compensation to be received will not exceed the ticking of a minute thereafter, lives are lived in close proximity, but never known.

In other universes, in different civilizations, in foreign communities and amalgamations where the human species congregate in tribes, townships and collectives of human detritus, the strange story of X is often not of that stranger described, but of the others who never took the time to invite that stranger into one’s home.  The story always continues, of course – of the sudden disappearance, of rumors abounding, then the dissipation of any notice, until time concealed and the question went away; until the strange story of X became focused upon the next person who everyone passed by as a nobody amongst a universe of somebodies thinking that the strange story of X was unique in some way.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability or capacity to complete and fulfill all of the essential elements of the Federal or Postal position, the strange story of X is often a familiar one – except that, instead of the “person” himself, it is the medical condition that everyone, or most everyone, “knows about” but never acknowledges, and treats as if it doesn’t exist.

This is a funny and strange world, where the suffering of others is barely spoken about, and anonymity is preferred over empathy expressed.

Perhaps it is time to “move on”, and to do so, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a necessary first step.  For, in the end, the strange story of X is in the very estrangement of human beings from the humanity we have left behind, and fighting for a Federal Disability Retirement benefit may be the best hope of leaving such strangeness behind, where neither the workplace nor the coworkers will query much beyond a day’s absence when the clock ticks five.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Lawyer: Reality, perspective & medical condition

Reality is the existence of Being; perspective, the Kantian structures of how we see things; and a medical condition is that intervening, interrupting and corroding event that may render the first and second of this tripartite concept into a skewering of prospects.

Of course, a medical condition impacts the reality of a situation, especially a person’s ability, capacity and initiative towards a goal, and further, one’s perspective may become completely altered as a result of the event –priorities may change, the goals one has may be pared back, and even the enthusiasm towards certain things may become modified.  That is why a medical condition is sometimes considered a “game changer” in the reality and perspective of one’s life.

Life is full of bumps and bridges; of trespasses and rightful directions; and even of encounters with empathy, love and kindness; and though the reality of one’s situation may often appear that any perspective other than one seen through the eyes of meanness, cruelty and hardened hearts is merely a child’s dream of a fantasyland long passed and forever extinguished, there are still times of joy to look forward to, moments of smiles and days of sunshine left.

A medical condition is often a dark cloud, but a proper perspective on the reality of that darkness needs to be gathered.

For the Federal employee and U.S. Postal worker who sees nothing but turmoil, disaster and progressive deterioration because of the medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, 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, may lend the Federal or Postal employee a different perspective on the reality of one’s situation.

No, filing an OPM Disability Retirement application will not be the answer to all of reality’s problems, but it may change one’s perspective as to the dark cloud that has gathered upon the reality of that medical condition that won’t seem to go away.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: When and what to file

In preparing an application for Federal Disability Retirement, multiple standard government forms must be completed.  As most Federal employees and U.S. Postal workers are under the “FERS” system (an acronym for “Federal Employees Retirement System”) as opposed to the older system of CSRS (standing for, “Civil Service Retirement System”), the applicable forms are comprised of two (2) “sets”:  The SF 3107 Series (encompassing the basic forms needed to apply for “immediate retirement”, which is part of the process of filing for Federal Disability Retirement) and the SF 3112 Series (which includes the Applicant’s Statement of Disability – SF 3112A; the Supervisor’s Statement – SF 3112B ; and the Agency’s efforts for Reassignment and Accommodation form – SF 3112D).

Both sets of forms must be completed, and it is essential that the applicant understands the complexity, involvement and onerous nature of each form, before engaging in the process of preparing, formulating and filing an effective Federal Disability Retirement application.  All such forms – once completed – need to be “filed” with the appropriate agency, and this becomes somewhat tricky.

To understand the administrative process of the entire procedural phenomenon, we need to begin with the oversight of some statutory principles.  First, all Federal Disability Retirement applications must be filed with the U.S. Office of Personnel Management within one (1) year of being separated from the Federal Agency or the U.S. Postal Service.  But there are “sub-parts” to such a Statute of Limitations (so named because it limits the ability of a Federal or Postal employee from filing a Federal Disability Retirement application if one goes past the 1-year deadline).

The first “subpart” concerns the initial 31 days after separation from Federal Service.  If you, as a Federal employee or U.S. Postal employee, have been separated, but not for more than thirty one (31) days, then you should still file through your agency’s Human Resource Office or the H.R. Shared Service Office of the U.S. Postal Service, located in Greensboro, North Carolina.  As a practical matter, if the time of separation is approaching the 31st day, you should probably just wait until after the 31-day period, and instead file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania – which brings us to the second “subpart” concerning separation from Federal Service or the U.S. Postal Service:  If you have been separated for over 31 days from the Federal Agency or the U.S. Postal Service, then you are required to file your Federal Disability Retirement application directly to the U.S. Office of Personnel Management in Boyers, Pennsylvania.

Likely, if you have been separated from the Federal Agency or the U.S. Postal Service, the U.S. Office of Personnel Management in Boyers, Pennsylvania will request your SF 50 or PS Form 50, which is evidence of the actual separation from your Federal Agency (now former) or the U.S. Postal Service; but even if your former Agency or the U.S. Postal Service has not yet issued you such a form, indicating the formal separation from Federal Service, you should always make sure that you file your Federal Disability Retirement application before the 1-year Statute of Limitations has expired.

Beyond these “fundamentals” of when and what to file, are substantive and procedural issues which are too complex to extrapolate in a limited forum.  To further understand the intricacies, you as a Federal or Postal employee, if considering preparing, formulating and filing for Federal Disability Retirement benefits, should either exhaustively research the statutory or case-law background in preparing your Federal or Postal Disability Retirement application, or consult an attorney who is knowledgeable about issues concering the proper preparation, formulation and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Requisite Sense of Control

Most of us require a semblance of self-determination, if only to conceal the inadequacies and keep at bay the disasters which portend, or pretend, whichever the case may be.  By controlling circumstances, we believe that we can maintain prevention of crisis, pre-determine the outcome of expectations, and squirrel away the hesitations and insecurities controlling us in our lives of desperate needs.  But life has a way of defying the macro-minutiae of the limited universe within our reach and immediate control.

Mastery of life is difficult to attain; just when we thought we had grasped the foundational principles of life and living, old age sets in, and the youthful vigor dissipates, like the ethereal dust of residue left behind by the flight of angels.

For Federal employees and U.S. Postal workers, it is that sudden onset of a medical condition which nags and refuses to go away, which becomes the harbinger of things to come.  Agencies and the Postal Service tend to be “meddlers”, and once a particular Federal or Postal employee becomes the trigger-sighted individual, the stray bullet that travels is normally not too far behind.  Loss of control, or the abandonment of a requisite sense of control, is derived when agencies target, and when adverse actions are issued, a PIP is imposed, and leave restrictions commanded.

Filing for Federal Disability Retirement is an option which is a viable avenue to pursue, precisely because it attains and reasserts that requisite sense of control, by securing a needed annuity for some semblance of financial security and stability.  OPM Disability Retirement is also a means of re-focusing one’s life upon the priorities which matter — such as one’s health and well-being, so that the harassment and hostility at work will cease.

But the long road in preparing, formulating, filing and waiting upon a Federal Disability Retirement application, filed ultimately through, and decided by, the U.S. Office of Personnel Management, is another bureaucratic morass which — for a time, at least — will feel like entering another and surreal universe where one’s destiny is in the hands of another: OPM.  But in life, as in the parallel universe of the absurd, one must first lose control in order to gain the requisite sense of control.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

OPM Medical Retirement Laws: Confirmation and Affirmation

The former is both a religious sacrament in Church doctrine, as well as a state of establishing that something is true or correct; the latter, an act or statement of support for that which was previously thought to be so.  Both imply a previous state of foreknowledge, or at least an indication of some prior existence of validity; it merely needed a further stamp of approval or attestation of verification.  And that is how most opinions are sought, aren’t they?  In our own minds, we already know the answer; the search for counsel is not for new revelation, but merely a confirmation of that which we know, and the affirmation of what is needed to be done.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the capacity and ability of being able to perform the essential elements of one’s positional duties, the recognition for the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is determined far in advance of any phone call to an attorney for guidance and counsel.

The search for “advice”, as the term is loosely presented, is often to merely confirm that which is already known, and to affirm the process which has already been discovered.  For, the medical condition itself already tells the Federal or Postal employee of the necessity of filing for Federal Disability Retirement benefits through OPM, and the agency’s unfriendly and often hostile response has established the harbinger of one’s future.

Like secrets between nations and skeletons in one’s proverbial closet, the preparation, formulation and filing of Federal Disability Retirement benefits through OPM is somewhat of a formality; it was known already for quite some time, but the Federal and Postal employee just needed to confirm and affirm the inevitability of necessity already revealed, but wanting of declaration.

Sincerely,

Robert R. McGill, Esquire