Office of Personnel Management (OPM) Disability Retirement Benefits: What I Missed

Often, it is now known until it is too late.  “What I missed”, or failed to do, or did too much of — said too much, gave too much information, etc., all comes under the general headline of, What I missed.  Of course, in some disciplines, that “missing piece” could be critical — as in a missing bolt or structural beam in building a house, a building, a highway overpass, etc.

In Administrative Law, as in preparing, formulating and filing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management, “what I missed” could result in a denial of one’s Federal Disability Retirement application with OPM.

Fortunately, there are additional opportunities to correct what I missed, both at the Reconsideration stage of the process and, if necessary, before an Administrative Law Judge at the U.S. Merit Systems Protection Board.

“What I missed” can often be prevented by having a lawyer who specializes in Federal Disability Retirement Law, but even then, just understand that while most mistakes are correctible, the one mistake that is difficult to repair is to put blinders on OPM once they have seen something.

Contact a disability lawyer who specializes in Federal Disability Retirement Law, and preempt that agonizing feeling that occurs when you submit a Federal Disability Retirement application under FERS with OPM on the uneasy feeling of “What I Missed”.

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.

 

OPM Disability Retirement under FERS: Future Robbing Present

How much time do we spend worrying about the future?

In this concerning age, where debts keep rising, expenses keep increasing, wages remain stagnant and instability around the world continues as a reality we are all faced with — the amount of time spent in anxious anticipation of a future not yet established is a reality which we all must constrain.

Planning for the future is a necessity; articulating plans and loosely following them, a nuisance; but what of worrying about a projected experience not yet upon us — is it a mere waste of time?

The future robs the present by keeping our focus outside of the experiences of the present; whether by brooding about it, being lost in thought for it or merely fidgeting with anxiousness towards it; it all amounts to the same:  The joy of a present experience is lost because of the worry which overwhelms us.

Of the past — we tend to relish or regret it; but inasmuch as it is something that has already occurred, we do not obsessively remain in that time slot; unless, of course, we fear the consequences of past actions upon future events.  But it is for present circumstances that may trigger future worries — as in a medical condition currently experienced that we project into the future as to the medical condition’s capacity to impact our anticipated lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition will likely prevent the Federal or Postal worker — in the future of, say, 6 months hence, 12 months beyond, 3-5 years of becoming — from performing one or more of the essential elements of his or her Federal or Postal job, it is always a good idea to consider early in filing for Federal Disability Retirement benefits under FERS.

If worry for the future is robbing the present, then it is time to consult with an Attorney who specializes in Federal Disability Retirement Law.  Worrying about the future will not change or alter the course of events yet to come; to prepare for a pathway towards such change for the future, it is wise to first consult with an experienced Federal Disability Retirement Attorney, lest the future come upon you unprepared and like a thief in the night robbing you of your present.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The historical data

How much historical data is too much?  Is there a correlation between “too much” and “loss of interest”? In other words, when a history book is written, does the interest shown by the reader begin to wane when a certain point of quantitative overload begins to overwhelm?  Further, does the audience for whom the historical data is written depend upon the extent given?

Certainly, “popular” historical narratives provide “juicier” content than more “serious” biographies, where the salacious aspects of a person’s life or of an event are put to the fore, as opposed to relegating them to footnotes or in those “fine print” pages at the back of the book.

If, for example, data is compiled for an internal study for the “Historical Society of X”, then certain detailed information without limitations might be included — i.e. how many times this or that civilization went to war, went to the bathroom daily, ate one kind of fruit as opposed to another, etc. But if that “study” were to be made into a biography of an indigenous tribe, to be sold to the general public, it might leave out certain of the more uninteresting data, or placed in footnotes or “background notes” at the back of the book.

At what point does a historical narrative become “tedious”?  Again, is there a correlation between “interest shown/sparked/waning/losing” and the extent of data provided?  Is there a “qualitative” difference as opposed to sheer quantitative overload?

These issues are important to keep in mind when a Federal or Postal employee begins to write one’s narrative in response to questions posed on SF 3112A, Applicant’s Statement of Disability.  For, there is always a tendency on the part of the Federal or Postal applicant to have this unquenchable desire to “tell one’s story”, as opposed to answering the question on SF 3112A in as precise, concise and incisive manner.

At times, some amount of historical background may be relevant and somewhat necessary, but unlike “internal studies” that have no cognizable consequences in providing “too much” information, an overabundance of irrelevant data provided may have a duality of negative results: First, it may take away from, and diminish, the “main point” of the narrative, and Second, you may be providing information that is inadvertently harmful to one’s OPM Disability Retirement case without intending to.

Remember always in a Federal Disability Retirement case, that the eyes that once see cannot be blinded after the fact, and it is better to provide information as a supplemental means in a Federal Disability Retirement case, than to have to explain, correct and amend after a denial is received from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Accuracy

How important is accuracy?  The converse of such a query, of course, is:  Is inaccuracy significant?  One would immediately posit:  It all depends.

Take the following 2 hypotheticals:  An archeological dig is conducted, and it is believed that the site of the ruins is of relevant importance concerning a time-period of “recent” history — say, during the American Revolution.  Given that scenario, the “dating” of the site should be ascertainable within a year succeeding or preceding, such that if the Lead Archaeologist declares that the event in question occurred in 1778, “or possibly in 1779, maybe as early as 1777”, we know that — given the time period in question (1775 – 1783) — such a statement conveys a fairly accurate historical context.

Now, take the same hypothetical, but this time [sic] concerning some form [again, sic] of a fossil that is deemed at least 500 million years old.  If the Lead Archaeologist declares with some hint of irony, “Give or take a few million years more or less” — what would our reaction be?  Is such a “find” just as accurate as in the first hypothetical?  Can a declaration that is numerically off by a few million years (i.e., looking at it in quantifiable terms of 24 hours in a day times 365 days in a year times 2 – 5 million years equals how many hours for those who want a graspable perspective) be called a “science” in any meaningful usage of the term?

Of course, one could argue that even within the first hypothetical, given the limited range of years that comprises the American Revolution (1775 – 1783, or a mere 8 years), to be off by a year or so is also quite an astoundingly inaccurate assessment.  But which is “more accurate” — the one that is estimated within a year, or the one that quantifies it in terms of “millions” of years?  Can one even ask the question of “more or less” accurate, when the very concept of accuracy itself denotes precision and pinpointed, undeviated marksmanship?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of “accuracy” can be a crucial one.  How “accurate” does one’s Statement of Disability need to be on Standard Form 3112A, Applicant’s Statement of Disability?  What “precisely” does the treating doctor have to include in the medical report?  How detailed (and therefore, accurately) does the nexus between the medical documentation and the Applicant’s Statement of Disability does it have to reflect?

In all such questions, “accuracy” is a goal to attain in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

For, while the Archaeologist may be “off” by a quantifiable sum of years in a site-dig and suffer little to no consequences, the Federal Disability Retirement applicant must depend upon the accuracy of the law in determining benefits to secure a future yet uncertain, and such an administrative endeavor is likened more to the accuracy of the arrow that is shot towards an apple resting upon the head of a young boy, than of a declaration made that is off by a few million years, give or take, more or less.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those intersecting connections

We hear all the time about the shrinking world, the smaller universe, the global village – all metaphors to help and understand, to comprehend and be able to withstand within the insanity of a world that continues to intrude, intersect and impose itself upon every corner and aspect of lives lived and daily interrupted.  It is a way for people to cope with the fact that we can no longer avoid the reality of those intersecting connections from worlds, cultures and universes that make up the daily reality of our walking lives.

The newspapers globalize each and every issue; the television and cable news outlets care little for local news unless it, too has some national consequences; and so we live with the anomaly that the only time you might hear about your own hometown is if some horrific event occurs that other people in other towns might care about.  And, even when a story is reported about an event that occurs just around the corner from the news station, headquarters or whatever manner of identifying the central place where all of the equipment, studios and personnel gather to emit their airwaves of newsfeeds, they act as if it is occurring in some distant county or country, with perhaps a bit of weeping as an afterthought with a statement like, “And it makes it all the worse because it happened just in our own neighborhood!”

The world is indeed one comprised of intersecting connections, and we voluntarily allow for those connections to make our own perspectives molded into “theirs” by inviting various cable channels into our living rooms.  Do we really have a choice?  Can we just remain ignorant and ignore the reality of the global economy, the extended village and the universal concerns of the day?  How do we live with the complexities of intersecting connections, when we can barely deal with the local problems that beset us within the cocoon of our own lives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the daily ability and capacity to perform all of the essential elements of the Federal or Postal job, the microcosm of intersecting connections may well be magnified to a level where it competes with what is occurring on a more global scale.

Suddenly, the Federal Agency is moving to put pressure on you – like those competing foreign companies you hear about in the world economy.  Or, the Supervisor is no longer being cordial – somewhat like the world leader who doesn’t return calls to the President.  Coworkers no longer treat you as an equal – like nations that suddenly go rogue without explanation.  You have to file a complaint – like submitting to a U.N. vote for sanctions.

We have all been groomed and prepared to think in terms of intersecting connections, but for the Federal and Postal employee who suffers from a medical condition such that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity, it all comes back to a more local and personal connection: one’s health, and the need to focus upon one’s personal life.

No matter how global the world has become, never forget that it is the personal life of close connections that really only matters in the end.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Here

So much time is spent upon the anticipation of some event in the distant future; or, perhaps merely tomorrow, next week, next year.  Here is where we are; in the “now”, the immediacy of a life being lived.  Human beings are peculiar, unique and devastatingly unaware to that extent; we give lip-service to the notion of attaining happiness, joy and the capacity to relish the precious gift of life, while all the while failing to embrace and embody the here of this moment.

Look at tourists visiting the various wonders of the universe; do they seem to enjoy the experience of viewing ancient relics or places where momentous events occurred?  Or, are they busy trying to make sure that the video camera or the Smart Phone is capturing the smiles, the scenery and the attraction just beyond?  How many videos of the same places exist in the world today, tucked away in the memory banks of a digital chip?  What is the difference between the video chip stored in a personal Smart Phone as opposed to a professional movie that explores the identical tourist destination?

What is missing, of course, is the experience of the “here”.  Thus, when asked the question, “So, did you go and visit the famous ruins of X?”  The answer is too often, “Yes, and let me show you the video I took of X.”  As opposed to: “Yes, and let me try and describe to you the beauty of X.”  Anticipatory living is not necessarily a negation of living the “here” of one’s life, or even the “now”; but it comes close to missing out.

For the Federal employee or the U.S. Postal worker who suffers 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 the Federal or Postal position, the need to file for Federal Disability Retirements benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is precisely the “here” that one is trying to preserve, by securing a “tomorrow” worth fighting for.

It is the “here” of one’s medical condition, the “here” of one’s health, and the “here” of some semblance of financial security that is the whole point of a Federal Disability Retirement benefit.  Yes, it is for tomorrow, and the process is a long, administrative headache that may not be approved until many tomorrows and another; but in the end, it is the “here” that is worth preserving, and the first step in securing a worthy tomorrow is by initiating the process of a Federal Disability Retirement application here and now.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Things not likely to happen

It is not likely that tomorrow morning you will wake up and find that aliens have taken over the earth (although, if one were to read various supermarket tabloids, that has already occurred many times over, both while asleep and awake); it is not likely that you will win the lottery with that last dollar spent on running a random set of numbers (though millions each day shell out astronomical sums in the aggregate with dreams – and sometimes actual plans reflected upon – of what one will do “when” the improbable event will happen); and it is not likely that the email received the other day from some banker in Burkina Faso who wants a “trusted friend” to allow for a transfer of a cool $100 million and would allow you to keep half of it just because you happen to be the only person in the universe who has a bank account and can keep a secret, will actually honor such a request.

Nevertheless, people actually consider such fantasies, and to the detriment of those who do so with serious intent, harm themselves either by delaying what could be done, setting aside the reality of what needs to be accomplished, and turning over valuable time to endeavors not likely to happen.

Often, and unfortunately, medical conditions have that same characteristic – of things not likely to happen.  It begins by happening – of a medical condition that should not have been, or is seen to be “unfairly” targeting a particular individual, and a period of disbelief ensues where the question is, “Why me?  Why not the other guy, instead?”  Then, once the phase of acceptance comes about, one begins to adapt, compromise the levels of acceptability and quality of life, and modification of expectations surely follows soon thereafter.  Then, one hopes, prays, angrily shouts to the heavens or otherwise with quiet resignation begins to ruminate – yes, the medical condition may be unfair, but so is the lot of life we all live.

And the principle of things not likely to happen applies to Federal employees and U.S. Postal workers who need to prepare, formulate and file for Federal Disability Retirement benefits, as well, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, the things not likely to happen includes: The medical condition will just go away; the Federal agency or the U.S. Postal Service will just let things slide and be very understanding; the Federal agency and the U.S. Postal Service will actually accommodate your medical condition; the Federal agency or the U.S. Postal service will find you another job at the same pay or grade; the Federal agency or the U.S. Postal service will grant SL, AL or LWOP in unlimited amounts so that you can attend to your illness or medical condition; and the Federal agency or U.S. Postal Service will show empathy, sympathy and understanding and make you feel “welcomed” while you endure one of the most difficult periods of your life.  Not.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal & Postal Medical Retirement through the OPM: Altered States

When once the tide of change was welcome, where youth allowed for upheavals and malleability; replaced by age, leading to a staid and stable of stability, how repetition constitutes peace, an unadventurous respect for quietude.  But is not inertness the precursor of death?  Altered states and changed circumstances tend to be easily adapted to when one is younger; but as age seeks the sedate, so the vicissitudes of life and what they portend creates a havoc and turmoil of turbulence where the seeking of quietude becomes an end in and of itself.

That is why weekends are guarded with such ferocious aptitudes; and how Mondays invite the blues of depression and despair.  Medical conditions tend to equalize life’s loss of balance; for, as a condition of existence, the debilitating nature they impose, the chronic pain, the loss of mental acuity and disequilibrium of mind, body and soul; suddenly, whether a weekend or a week day, it is a matter of degrees within an altered state of existence.

Filing for Federal Disability Retirement benefits 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, is an option which the Federal or Postal employee should seriously consider when once the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties in the Federal or Postal job.

For, it is within the context of a busy and tumultuous life, when the Federal or Postal employee must accept the altered state of existence where a medical condition begins to disrupt the continuity of productivity; the altered state itself must be changed; and the change is often the need to leave the Federal workforce, but with an income and annuity sufficient to provide a stable economic circumstance, and where health insurance can be retained for the foreseeable future in order to continue to receive the medical treatment necessary.

Federal OPM Disability Retirement may not be the perfect solution for every complex circumstance, but it is an option which provides for future choices to be left open, for opportunities remaining yet to be met, and for a positive altered state to be embraced where a negation of stability is encountered within the deep chasm of a medical condition which has caused a disequilibrium of life’s unexpected vicissitudes.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement Benefits: Beyond the Efficacy of Advice

There comes a point where the tripartite intersection between factual urgency, advice, and the receptiveness to such advisory delineations, becomes a futile act of inertia.  Facts are often self-evident to most who seek to view and understand them; advice, based upon the facts as presented, is rarely profound or enlightening, and quite often merely states the obvious, based upon the facts as perceived; but it is the problematic venue of the one to whom advice is given, where negation of due consideration and persistence in intractable stubbornness betrays the efficacy of the first two prefatory components.

The good thing about advice is that it is free; the bad, is that it can be ignored or otherwise shelved into bifurcated compartments of a schizophrenic mindset. The real quandary comes, however, when the tripartite intersection is met with a fourth element, making it into a quadrilateral conundrum:  a state of affairs which actually is self-destructive.  Medical conditions fit into that category.

When medical conditions have a chronic and debilitating aspect, manifesting a progressive deterioration upon the individual through systemic failures and symptoms warning of greater impending trauma upon the body or psyche, and one refuses to acknowledge the signals or otherwise ignores the urgency of telltale signs, then the avoidance of the coalescence of facts, advice and receptiveness to advice goes beyond mere qualitative stubbornness, but becomes a character flaw of ignorance and deliberate dimwittedness.

Whether the medical condition involves physical pain and conditions represented by chronic back or neck pain, degenerative disc disease, shoulder impingement syndrome, internal knee derangement, Crohn’s Disease, Sjogren’s Syndrome, Rotator Cuff injury, or a whole host of other physical conditions; or, perhaps it encapsulates psychiatric conditions of Major Depression, Generalized Anxiety Disorder, Panic Disorder, suicidal ideations, Bipolar Disorder, etc. — whatever the medical condition, when the facts speak, the advice reinforces, and receptiveness to the advice is negated through stubbornness or intractable refusal, the time to consider alternative approaches to life must be faced.

For Federal and Postal employees who are under FERS, CSRS or CSRS Offset, eligibility for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is that option of consideration.  If the medical condition impacts the Federal or Postal employee’s ability to perform all of the essential elements of the Federal or Postal job, then it is time to consider filing for Federal Disability Retirement benefits.

If the Federal or Postal employee’s treating doctor has already stated that seeking a different line of work is advisable, but that point of intersection where facts, advice, and receptiveness to such advisory delineations has been ignored, but where the fourth quadrant involving increasing medical manifestation continues to haunt, then it may be time to reconsider, and engage in the most primordial of acts which even the lowest of primates does not ignore:  self-preservation.

Sincerely,

Robert R. McGill, Esquire