Medical Retirement under FERS & CSRS: In the end…

What is it about a phrase that predictably tells us about the mood, content or direction of the mindset?  If a person begins with, “Well, it all began when…” — we will often stifle a yawn, try to make excuses and begin heading for the exits.  Self-aggrandizing, prefatory remarks that set the stage for a narrative delineation that includes private details of individual lives often bore the pants off of most people, and yet many will “tell all”, as if such intimate details trigger a prurient interest within each of us.

Then, of course, there is the opposite, as in: “In the end…”.  What fills in the ellipses?  In the end…the world will all go to the trash bin of history’s footnotes; In the end…we all die, anyway?  Such opening phrases and closing remarks leave out the vast chasm of filling in “the middle”, of course.  How does a story begin, tell the narrative in an interesting manner in “the middle” and end with a bang?  That is the problem, isn’t it?  Most of us don’t have a clue as to how to tell an interesting tale.

And what about non-fiction — of a historical narrative or of a biography?  What makes for an interesting “telling” of it — of what details of a person’s life; what incidents should be included?  What peripheral, tangential details will make for an interesting and engaging read?  Is a biography incomplete if the author leaves out certain details, or does it matter?  What “events” are presumed and should therefore be excluded, and can it really be said that certain excluded moments are considered to be excluded at all?

For example, it is presumed that a person goes to the bathroom a few times a day, at least — but what if, during the narrative of a biography or a historical period, such activities are never mentioned?  Can we call up the author and demand to know why such historical “facts” were excluded from the biography of, say, an important figure?

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 one’s Federal or Postal job, it may be necessary to begin to formulate 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.

As part of that “administrative process”, it is necessary to complete SF 3112A, Applicant’s Statement of Disability.

In preparing the narrative story of one’s medical condition, it is important to convey the essential “story” — a historical account; a prefatory introduction; a “middle”; and an “In the end…”.

What details to include; the choice of words; whether in the first-person or 3rd-person narrative; of what legal arguments to include; whether to “exclude” certain details without being charged with “falsifying” a claim, etc. — these are all important considerations in the proper, complete and sufficient preparation, formulation and filing of an effective Federal Disability Retirement application, and it is vitally important to do it “the right way” when preparing SF 3112A — the core and essence of the Federal Disability Retirement application — which, in the end, is the story of your tale that needs to be told.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The Statement

We often hear of various events or transactions in the public arena where a “statement” will be issued, and such a conveyance of information is often prepared, pre-written, read from a piece of paper or plastered upon a teleprompter where the delivering individual merely reads from a text that has been previously written and composed.

It is like a musician who varies not from the score before him, or the player who follows the conductor’s baton with precision of a mime; to vary is to veer, where error becomes the hazard to avoid.  That initial “statement” to the listeners, the recipients, the audience, or however and whomever you want to characterize it as — why is it so important that it is conveyed, portrayed, delineated and communicated in just a “right” manner?

Is it not similar to the importance of preparing an SF 3112A — the Applicant’s Statement of Disability?  Isn’t the SF 3112A a foundational, “first impression” statement that needs to be prepared carefully, with meticulous formulation, like a novel’s opening sentence that must captivate and draw in the reader’s attention?

Granted, the SF 3112A is answered in response to questions required to be formulated by the U.S. Office of Personnel Management for the Federal or Postal employee to provide, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; but the limitations imposed by space and the relevance of the answers given to questions queried should not detract from the importance and significance of preparing the “Statement” well, in a preconceived and well-prepared manner.

What is the sequence?  When should it be prepared?  What content must it possess?  Should direct quotes from the medical records and narrative reports be included?  How carefully should it be annotated?  Must the Applicant’s Statement of Disability on SF 3112A be confined to the spaces provided?

These, and many other questions besides, should be carefully considered, and to do so, the best way to be well-prepared is to consult with an attorney who specializes in preparing, formulating and filing a Federal Disability Retirement Application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation OPM Disability Retirement: A good turn

At what point does a “good” turn transform into a negative?  Can one help so much so that dependency becomes the habit and negates the “goodness” that was once always a part of the deed?  Isn’t “going to work” a “good” thing?  When does it turn bad?  Is there ever a point where the quality of X becomes diluted so much so by the quantitative increase of the primary identifying ingredient of X to where the essence of X becomes negative-X because of too much X within X?  Can there be, in the simplest of terms, too much goodness where goodness itself turns bad because of the overwhelming goodness involved?  Why is it that the following syllogism doesn’t quite work, and where is the fallacy involved?

Water is a necessary component for life
Life requires water in abundance in order to survive
Therefore, the more water, the greater abundance of life

But we all know that consuming too much water can kill a person.  And, isn’t that the complaint that we have in almost all aspects of living — that we come back to Aristotle’s essential wisdom that there is a “mean” or a “middle ground” of moderation where the extremes on either sides — neither too much nor too little — is the balance in the life that one should always strive for.

That is the basic component of happiness reduced to its pure essentials: of the porridge that is neither too hot nor too cold, but “just right”; of leisure time that relaxes but doesn’t rob from sustained periods of productivity; of a nap that satisfies but doesn’t make one groggy; and of entertainment that borders just to the edge of credibility but stays within the boundaries of allowing one to suspend disbelief, such that one can enjoy it without sighing, turning to a loved one and declaring, “That just isn’t believable.”

But where technology comes into our lives, perhaps we have come to a saturation point where we no longer believe that the “next new innovation” is going to save us any more time or enhance the quality of our lives anymore than the last version of our Smart Phone give us the promise of nirvana that we all stand in long lines to attain.  And so the question again turns full circle: When does a “good” turn into a negative?

For Federal employees and U.S. Postal workers whose medical conditions have come to a point where it prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal position, the vicious circularity of the circumstances makes it into a paradigm where a good turns into a negative: Coming to work exacerbates the medical condition; the stress of being unable to perform the full essential elements of the Federal or Postal job further increases the stress; the Agency or the Postal facility begins to turn upon the Federal or Postal employee; and the job itself — once one of the many “good” things in life — now becomes a detriment and a negative.

It is then time to consider preparing, formulating and filing a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, and thus turning that which was once a “good” but had transformed into a negative, back into a good turn.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: By what measure?

Does a formula, a paradigm or a standard instill in us the direction we so desire?  How is it that we compare X to something, and is the contrast a necessary prerequisite to achieving and accomplishing, or is that some artificial, societal construct that we have manufactured in order to sell ourselves a “bill of goods”?

Yes, yes – Western Civilization (remember that middle-school subject taught under the general aegis of that title?) always begins with the philosophical precept of Aristotle’s, of “First Principles” and the “causes” of events and occurrences, but where is it stated that we must have a “measure” by which to compare and contrast?  By what measure do we apply ourselves, or is not the evolutionary will to survive and the genetic predisposition to propagate a sufficient factor in the drive to excel?  Like peacocks during mating season and robins that reveal a ferocity of savagery in the spring months, is there a measure by which we are deemed a success or failure, and by a standard where comparisons are made, conclusions are reached and judgments are rendered?

Rare is the solitary figure who abandons all implements of societal judgments and goes it alone without the condoning nod of an authority figure.  Lone wolves are figments of mythological fables; the rest of us follow the herd by the measure set by others in a society of gossipers and watchdogs set upon us without warning or consistency.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the standard of measure has always been some unstated and unfairly predetermined set of rules that are governed by a bunch of words we never agreed to – i.e., “productivity at the cost of health”; “loyalty to the mission of the Federal Agency without regard to medical conditions”; “repetitive work leading to stress injuries where proving causation is nigh impossible”, and other such silent statements of accord – but where the last bastion of hope often resides in 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.

All of these many years, the Federal or Postal worker has toiled under tremendous pressure by the measures set by the Federal agency or the U.S. Postal facility; fortunately, the standard by which OPM Disability Retirement benefits are granted is predetermined by statutory authority, and not by arbitrary fiat by a supervisor, manager or some other head of the department or agency by will of authority or changeable character of an individual.  Filing for Federal Disability Retirement benefits through OPM must follow certain eligibility guidelines and statutory confinements, as with most other set standards; but by what measure you may live your life after winning an OPM Disability Retirement annuity – that is set by you, the lone wolf.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Language of Choice

There are certainly other “languages” for conveying information, including (but not limited to):  foreign, other than English (but in this cosmopolitan world, where technology has made such barriers a moot point, it becomes almost provincial to speak of one’s native tongue); body; emotive; forms, including written or oral; other body, such as facial; coded; and others not listed here.  The choice of language one uses, is often determined by the context and circumstance mandated for various reasons, not the least of which would be the efficacy of the option taken.

For Federal employees and U.S. Postal workers who have, for many years, had to endure the “language” of hostility from one’s Federal agency or U.S. Postal Service, it is perhaps a self-evident point that it is the “written” form of language which must be opted for in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.  But it is not the obviousness of the issue which one must accept; rather, it is in the very transition from one’s milieu to filing with another bureaucracy which must be directly recognized and altered.

There is a natural tendency for the mistreated Federal and Postal worker filing for Federal Disability Retirement benefits, to react to another bureaucracy and administrative process (OPM) in a similar vein as one is used to because of the mistreatment for so many years.  But one must mentally transition from the reactive methodology of the Federal agency or the U.S. Postal Service which one has become accustomed to, and approach the U.S. Office of Personnel Management in a different light.

As such, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one word of caveat:  let the foreign language of professionalism prevail, and approach OPM with a singular focus of linguistic content which sets aside all of those wasted years of workplace harassment and hostility one may have experienced in a previous life, and adopt the language of choice — of an effective OPM Disability Retirement application devoid of the garbage of past malice.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Twilight’s Landing

Sleep is often the category of escape; restorative sleep, a palliative prescription for a medical condition.  Upon closing one’s eyelids, the images which pervade from the day’s stimuli slowly recede as the dark chasm of one’s own consciousness begins to fade, and sleep begins to overtake, leading us into that shadow of twilight’s landing.

It is when chronic pain, discomfort, and the gnawing neurons which fail to relax but continue to send signals of dismay and distress, that the world of wakefulness and the dawn of sleep fail to switch off; or the continuing anxiety, depression or panic attacks control and jolt one into the awareness of darkness.  Medical conditions have an impact not only upon the daytime soul, but in the sleeplessness of non-sleep as well.

For Federal and Postal workers who are formulating a Federal Disability Retirement application and preparing one’s Statement of Disability on SF 3112A, one aspect of the descriptive narrative which is often overlooked, both by the doctor as well as the Federal or Postal applicant, is the role that profound fatigue plays upon performing the essential elements of one’s job.  While often implicitly stated or otherwise inferentially contained, explicit extrapolation is important in order to convey all of the elements of one’s medical condition and their impact upon the Federal or Postal employee’s inability to perform one or more of the essential elements of one’s positional duties.

Perhaps one was reprimanded or suspended for “sleeping on the job”.  Was it mere laziness, or was the underlying medical condition the intermediate cause of an act or event otherwise seen as an insubordinate statement of defiance?  Reasons and rationales provided make all the difference in this very human universe of language games and counter-games.  For, in order to effectively submit a Federal Disability Retirement application 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, the important thing is to make sure and sufficiently describe and delineate the primary and secondary causes of one’s underlying medical conditions. This includes the inability to have restorative sleep, the profound and intractable fatigue one experiences, impacting upon one’s daily cognitive functions, etc.

Otherwise, the medical conditions are not adequately conveyed, and when one goes back to sleep in attempting to reach that twilight’s landing, the difficulties of the world will be magnified by another potential problem — a denial from the U.S. Office of Personnel Management, of one’s Federal Disability Retirement application.

Sincerely, Robert R. McGill, Esquire