Legal Representation for OPM Disability Claims: Preparations

Would you hold a dinner party without preparing?  Or attend an important meeting, host a regal gathering of accomplished celebrities or go camping in the wilds of winter’s ferocity — without making adequate preparations?

The elaborate extent of such preparations is often correlated with the importance, significance, relevance and complexity of the issue at hand, the engagement to be embraced or the event to be held.  Preparations are a vital component to the successful engagement of whatever one undertakes, and lack of it often guarantees a result of negative returns.

How does one prepare for the preparation, formulation and filing of an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?  Does one go out and ask the Human Resource Department of one’s agency, and thereby put to the winds which carry gossip about the Agency and allow the gods of the underworld to disseminate the implication that “X is filing for disability retirement”?  Do you dare test the oft-told adage in the Federal Government that “confidentiality begins with the Human Resource Office of one’s agency — and likewise, ends there”?

Or, perhaps “preparation” is merely of the ad hoc sort — of downloading the various forms (SF 3107, Application for Immediate Retirement, and SF 3112A, Applicant’s Statement of Disability, at a minimum) and beginning to fill them out, and somehow sifting through the multiple instructions and packaging a Federal Disability Retirement application?

Preparation for the initiation of any worthwhile endeavor should, at a minimum, involve seeking some advice from an “expert”, and in preparing, formulating and filing a Federal Disability Retirement application, to be ultimately filed with and decided by the U.S. Office of Personnel Management, consultation with an experienced attorney who specializes in Federal Disability Retirement Law should be a minimal step in such an important and consequential process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The out-of-tune band

There is something particularly annoying about a piece of music, an orchestral ensemble or a simple song that is out of synchronized perfection, or put quite simply, out of tune.

The annoyance can be traced, of course, to the origin of the discordant piece; the “band” itself, the group of musicians or the orchestra or symphony that is responsible for the unpleasant sound waves that drift through the molecular structure of the unseen world and pervades down into the refractive caverns of one’s ears, then interprets through neurons firing in order to “hear” the vibrations that are supposedly in consonance with one another such that it becomes a coherent song, piece or musical collection.

The out-of-tune band is indeed an annoyance, and we believe should be outlawed and made illegal.  Short of that, what is it about a discordant collection of individual instruments that makes it unpleasant?

Taken individually, perhaps each player of a particular instrument can play it with utmost perfection; yet, when two or more players come together, it makes for an exponentially complicated attempt at coalescence, harmonious combination and synchronized heavenliness.

Getting married – of two different people coming together and making a lifetime commitment without killing one another – is difficult enough; getting a band together and coordinating disparate sounds and vibrations and, through practice, creating music that approaches a pleasantness of sounds – now, that is what you call nigh impossible, and somewhat like marriage in the sounds of silence (sorry, but somehow one must always try and include Simon and Garfunkel’s classic; and, of course, we must ask the eternal question: What ever happened to Art Garfunkel?) that we all strive to achieve by perfection of heavenly voices.

A Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is somewhat like trying to put a band together, as well.  Coordinating all of the elements – the Statement of Disability; the medical evidence, making the legal arguments; delineating the entirety of the Federal Disability Retirement packet into a coherent whole such that it does not “sound” discordant, which then hints at a trough of suspicion or insincerity, which then further leads back to an “annoyance” at the originator of the Federal Disability Retirement packet, and a likely denial from the U.S. Office of Personnel Management – is an important step towards an uncertain outcome.

Like the out-of-tune band, the success of a Federal Disability Retirement application cannot be just “putting together” a few documents here and there and haphazardly writing one’s Statement of Disability; no, it must be put together so that there is coherence, coordination and coalescence in bringing together all of the evidence for such an endeavor to be deemed “a fine tune”.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Then, forgotten

To die is forgivable; to be forgotten, not so much.  Perhaps that is why the 15-minute rule of one’s fame is so important to most people; that, to be “appreciated” in a life-long struggle just to remain relevant makes fools of us all, and the basis upon which con-men and scams continue to effectively play their course.

It is, of course, the “then” that matters – that prelude to the state of being forgotten, that defines what a person’s life was, remains, and will continue to be in the future amongst and amidst the remainder of a family, friends and acquaintances left behind.  For, the long and wide expanse before the “then” constitutes a life lived, the experiences encountered and the salacious intertwinements amassed; in short, it is what a person is remembered by which the definition of a life well lived and the cumulative amalgamation of challenges met.  Then, after all is said and done, the person is forgotten.  Oh, for a time, not entirely, perhaps.

In the painful memories left behind with family; of a legacy foretold and secured; but then, even those relatives, friends and loved ones slowly fade away into the eternal trash bin of history’s unnamed tombs, and then, forgotten.

Why else do people wave and try to get noticed when television cameras are rolling?  Or try and get that footnote published in the Guinness Book of Records?  Is the innate fear of becoming forgotten so powerful as to make fools of old men and not merely excusable because of youth yet unfettered?  Is it so important to be secured in the knowledge that someone, somewhere, in some footnote or esoteric reference that history will record, will annotate an accomplishment, an event or some memorable deed that we did; and, even if that were to happen, would not the same result occur – then, forgotten?

History is full of forgotten men and women – even those who have been recorded in the annals of relevant history.  How many battles and wars where young men just beginning the journey upon a life filled with potentiality and the first kiss of love, cuts short a future yet unlived, and instead becomes buried in the timeless echoes of a graveyard unrecognized?

For Federal employees and U.S. Postal workers who fear the dictum of “Then, forgotten”, either with the Federal Agency or the U.S. Postal facility, or just among the colleagues once worked with, the plain fact is that too much focus upon the “forgotten” part of the equation undermines the precursor prior to the “then” part.  There is always life after a career, and greater experiences beyond the work one has done.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted (ultimately) to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, should not be based upon any fear or unwillingness to “let go”; instead, it should be based upon a recognition that health and getting better is, and should always be, a priority that overrides the fear of one’s own fragile mortality.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from OPM: The key

It is both a tool of utility in order to gain entrance and accessibility to an otherwise abrupt encounter with an obstacle barring further forward progress, as well as a well-worn metaphor appropriately applied to miracles, magic and moments of mandatory martyrdom.  It is a wonder that a slight defect in the metallic shaving of the implement can allow for the turning of it, and opening into the entranceway, but for that additional indentation; or of a barcode smudged which refuses to make an allowance.  In either case, whether as a physical tool or an electronic pass embedded in the plastic sheen of society’s muse, what it opens is the foundation for its very existence.

Accessibility is the key, or so we are told; and the key, well, that is what must be sought, earned or otherwise stolen by stealth or whatever other means of perpetuity engaged in order to embrace the incantations of eternal youth.  It is that mythological “fountain of youth”, after all, which we seek; and the key to gain entrance into the club of rubbing elbows can only be obtained by smarts, good looks and intellectual prowess.

Time was that we were all sold on the idea that education and hard work was the “key” to success; but then, it turns out that the system itself was somehow unfair and weighted in favor of one class or group over another, and so the tinkering began, to right wrongs which otherwise wrongfully righted past and historical wrongs, by asserting rights previously unknown to have existed, but which now could be miraculously discovered in the subtext of originalism where intentionality could be denoted through greater concentration and willpower to discern.

The greater key, then, became who you know, what levers of power could be pulled, and the insider trading of such greater knowledge, while all the time throwing breadcrumbs to the greater masses in order to appease the rumblings of starvation times yet to arrive.

It is always a key of which we seek; whether by force, by protest, by assertion of rights unearned; and when we lose them, we scream with frustration at the unfairness of the gods of fate whom we turn to only when destiny denies the promised predetermination of an outcome-based society lost forever in the hollow utterances of vote-getters, who also seek the public arena of keys revealed in goodie-bags dispensed with public funds.  For, when doors close and open by devices of mysterious barcodes, the suspicion that something else is going on behind such closure and obstacles to accessibility somehow reverberates with a truth left undeniable.

The truth is, there is no single “key” to life’s puzzles or perennial questions remaining without answers; life itself is too wide an expanse, too great a concept, and too generalized a thought to allow for a device to insert into an emptiness of soul in order to turn and open for a final solution to a door otherwise unopened but by those who expend the greater effort.

For Federal employees and U.S. Postal workers who seek the “key” to questions unanswered in preparing, formulating and 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, there is no “master key” to uncover in order to understand the complex administrative process in such a greater bureaucratic morass.

Instead, the fundamental key to first determine is to prove that the medical condition suffered by the Federal or Postal employee prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties.  From there, the unlocking of inaccessibility will be determined by the key of legal criteria, opened only by those who possess the barcode of cogent argumentation upon uncovering the keyhole allowing for a nexus between the medical condition and the legal penumbras of technical application.  And, like all keys, it is that extra little shaving and indentation which will allow for accessibility, and turn the tides of a life otherwise barred.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help for Federal Employees: Slices & Wholes

Short stories provide a slice of life; novels, a genre which attempts to provide a picture of a greater whole, and when it falls short, will often be an opportunity to manifest a trilogy of works.  But fiction never quite captures the essence of entirety, and we are left with the part, a necessary void, and a missing piece of the puzzle.

Every narrative of a life is merely a portion; the microcosm rarely captures the significance of the whole.  And, indeed, there are large chunks of human living which need not be repetitively revealed, as they are presumed to occur during the lapses and jumps of time:  That the character in the story (or insert:  television show, movie, novella, etc.) has gone to the bathroom multiple times during the day; has eaten more than in the restaurant scene and traveled in some kind of a transport vehicle in order to reach a given destination, etc.

At the dawn of movies, it was a common question for the audience to ask, “How did he get there all of a sudden?”  Real life was still being projected upon the new screen of depicted stories, and the loss of continuity assumed that the audience would make certain jumps of logical conclusions; time, acquiescence and acceptance of convention would yet take some getting used to, and the slice of life revealed often mistook the viewer for the wholeness of true living experienced by all.

Thus do we accept, in watching a play, the convention of a character declaring an aside but where the rest of the stage does not hear; in real life, such declarative innuendoes would result in a slap in the face.  But that is precisely the problem with people, isn’t it?  We all accept and assume, and presume that the slice of life is representative of the whole, and thereby typify and stereotype the individual, beyond mere first impressions.

The Federal employee or U.S. Postal worker who suffers from a medical condition and therefore is unable to accomplish all that needs to be done, is now the nuisance and the “lazy one” who puts the burden upon everyone else, without considering the long history of dedication and service, or the turmoil and devastation wrought upon the greater whole of his or her life.  That Federal or Postal employee is merely known for the slice of today, and rarely appreciated for the whole of yore; for, it is easier to condemn with the tongue of today, than to take the time necessary to understand the contributory trails of yesteryear.

Thus are we left with little choice but to prepare an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  And the dusting trails of memories left behind?  Let such clouds of regret and remorse remain within the slice of a former life be, and enter instead into the panoramic view of a true whole, where the next stage of life is beyond the Federal agency or the U.S. Postal Service, and the combination of slices and wholes can once again be put together for the Federal or Postal employee who must regroup for a better tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Form SF 3112C and the Sufficiency of the Physician’s Statement

Confusing necessity and sufficiency is always a precarious matter. That which is necessary may not be sufficient for a given purpose, and failure in understanding such a fundamental distinction can be fatal to a Federal Disability Retirement claim.

SF 3112C requires that a physician complete and provide essential medical information in the pursuance of a Federal Disability Retirement application. The form itself — SF 3112C — is the vehicle by which the medical documentation is obtained. It is “necessary” in the sense that SF 3112C delineates a guideline of the type of information which is needed in order to become eligible for Federal Disability Retirement benefits.

The form itself — SF 3112C — however, is to a great extent irrelevant (although, the U.S. Office of Personnel Management has recently required that a signed SF 3112C be included in the final Federal Disability Retirement packet, despite SF 3112E clearly stating that an “equivalency” of the form would satisfy the lack thereof, as in the attachment of the medical documentation itself), and it is instead the medical documentation through which SF 3112C is obtained, which is what is important.

Regardless, while the OPM SF 3112C constitutes the vehicle, is necessary, but is ultimately irrelevant in and of itself, it is a necessary form to the extent that it mandates the delineation of what information is required for eligibility and entitlement to Federal Disability Retirement benefits.

Will following the guidelines in accordance with what SF 3112C states, result in a successful OPM Disability claim? That is the question of “sufficiency”, as opposed to “necessity”.

Over the years, case-law and statutory interpretation and expansion of Federal Disability Retirement laws have greatly altered the landscape of a Federal Disability Retirement claim. SF 3112C is the vehicle of necessity, although the form itself is an unnecessary one. The greater question is whether it is sufficient to meet the legal weight of preponderance of the evidence, and that question must ultimately be answered by questioning the efficacy of the form itself.

Sincerely,

Robert R. McGill, Esquire