OPM Disability Retirement under FERS: Hope

Apathy is the cold pail of water which extinguishes the glowing embers of hope, while hope is the warmth that maintains the light needed for the expectation of a better tomorrow.  It is easy to extinguish that flame of hope, and fall into the cobweb of despair; for, thoughts of all that can go wrong are easily conceived, especially when considering the negativity which pervades the daily news feeds bombarding us each day.

There is comfort to be found in apathy; for apathy merely confirms the taste of normal life for most — where communities fail to provide any semblance of cohesion and families live not together as an organic singularity but in dissipated independence of apprehensive indifference.  Few can count on communities when calamity destroys, for we live in solitude mired by our own set of problems without regard for our neighbor’s troubles.

Thus is apathy the next step from hope as we see indifference to be the natural response of our neighbor and the greater community in modernity, despite the avalanche of words posted on social media and electronic forms.  For, in modernity, people have come to believe that words can be substituted for actions, when in fact the loss of human interaction is what allows apathy to prevail.

For Federal employees and U.S. Postal workers who need to prepare an effective Federal Disability Retirement application under the FERS system to be filed with the U.S. Office of Personnel Management, you may want to consider contacting an OPM Disability Attorney who specializes in Federal Disability Retirement Law in order to secure your hope for tomorrow before the apathy so pervasive in modernity begins to undermine the still-burning embers of a brighter tomorrow.

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 Medical Retirement: Not for Public Viewing

Whether such a statement or declaration is actually applicable today is questionable.  For, is anything left to the privacy of one’s insular imagination, anymore?  Everyone bares all — of private, intimate details; of private parts, private affairs, private moments, private thoughts; no matter, just post it onto social mediums and allow everyone into your bedroom.

Private “gentleman’s clubs” often had rooms “not for public viewing”, and in stodgy buildings hidden away with a grim-faced doorkeeper ready to bar your entrance, one learned that nothing actually of a salacious manner (or matter) occurred behind those heavy brass doors, but merely old men who wanted to smoke a cigar and read the financial papers in peace.

Medical conditions are the exception.  They are the issues not for public viewing, and that remains somewhat valid today.  For, of the privacy which we all cherish and attempt to protect, our medical conditions remain at the top of the list.

For Federal employees and U.S. Postal workers who suffer from a health condition such that the health condition prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal or Postal job, maintaining one’s privacy in the face of preparing and submitting an effective disability retirement application may be a priority, but one which must be balanced between the voluntary submittal of a FERS Federal Disability Retirement application and the need to protect such sensitive information in preparing, formulating and filing an effective Federal Disability Retirement application to a large, faceless bureaucracy such as the U.S. Office of Personnel Management.

Contact a Federal Attorney who specializes in OPM Disability Retirement Law and see whether or not preparing, formulating and filing an effective Federal or Postal Service Disability Retirement application under the current Federal Employees Retirement System (FERS), to be submitted to the U.S. Office of Personnel Management, can be accomplished — to the extent possible — while protecting that which is Not for Public Viewing.

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.

 

Federal & Postal Worker Disability Retirement: Form-filling

There are the two sets of Standard Forms in a Federal Disability Retirement Application: The SF 3107 series, and the SF 3112 series.  Both are necessary in order to file for Federal Disability Retirement benefits.  The first set (SF 3107) merely requests basic information throughout the multiple pages — i.e., name, address, organization, date of birth, social security number, questions on life & health insurance, etc., as well as certifying the summary of your entire federal service, etc.

It is the second set of forms (SF 3112) which is specifically pertinent to the Federal Disability Retirement process — questions involving your medical conditions (beware of what and how to list them); what impact the medical conditions have upon the Federal or Postal job that you do (the need for establishing a “nexus” between the two); as well as any accommodation efforts provided by your agency (know what the term “accommodation” as a legally viable attempt constitutes, for many people are confused about the issue).

Ultimately, Federal Disability Retirement is far more than mere form-filling; for, most anyone can fill out the first set of forms (SF 3107 series); it is the second set (SF 3112 series) which inherently sets out the basis of a viable Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Changing Minds

How does one person change another person’s mind?  Is it through threats, intimidation, rants and raves?  Or, does logical persuasion ever come into play?”  Does the quiet voice or tone of calm alter a person’s viewpoint?  Or must it all be rage, firestorms and pounding of fists?

Of course, most people would answer in the following manner: It depends upon the circumstances.  Certainly, context matters.  Sometimes, a passionate response is appropriate; at others, a calm, soothing tone of persuasive logic.  Threats, intimidation, acts envisioning bodily harm — these, of course, are never appropriate, and one wonders whether such tactics ever really changed another’s mind, or whether the change of heart was merely for the sake of self-preservation.

To change a mind, one must become convinced about the validity, truth and sincere superiority of the other’s position, argument, perspective, stance, decision, etc.  Passionate advocacy can certainly play a role in it; systematic and logical persuasion can sometimes be the difference; and in Federal Disability Retirement cases, application and citation of the relevant and applicable laws will always be an effective tool.

For Federal and Postal employees who are filing for Federal Disability Retirement benefits from OPM, consult with a FERS Attorney who specializes in Federal Disability Retirement Law, and see whether or not — at the outset — the Federal or Postal Disability Attorney who specializes in Federal Disability Retirement Law cannot change you mind, and OPM’s in the best course of action in the preparation, formulation and filing of an effective Federal/Postal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: In the way

We talk about objects being “in the way”; of an accident on the road and we complain, “Why can’t they just pull over and get their vehicles out of the way?”  We use similar phraseology when we “objectify” human beings, as in — when we seethe with anger and retribution at some person — the threatening tone of: “Stay out of my way!”

Does the subtle (or not so subtle) alteration in language’s usage determine how we treat another human being?  When a driver gets irritated with a bicyclist who is not so adept at keeping a straight and narrow line on the roadway, do we forget suddenly the value of human life and see it merely as an “object” that is “in the way”?

And when you read of stories of human tragedies — of a person who negligently ran over a person and seriously injured or — worse, yet — killed a pedestrian, we realize the thin line between insanity and rationality, of love and hate, and the vulnerability of passions left out of control and going berserk when it is often the language we use so carelessly that leads to the tumults of life’s misgivings.

Objects are often “in the way”; can it ever be that people are also?  Do we bypass one another and ignore the plight of others because of our capacity and ability to objectify those very subjects we want to ignore and avoid?

Utopia is an idea of human perfection; the reality of this real world is quite different, where love, cooperation and human compassion lags far behind because the essence of human nature is far below the paradigm of perfection.  Honking the horn at something “in the way” when one is backed up on the highway in a state of frustration may well shed one of some frustration — until we learn later on that it was the body of a young child hit by a car because he was “in the way”.

For Federal employees and U.S. Postal workers who suffer 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 one’s Federal or Postal job, the concept of “in the way’ is a familiar one — for, the Federal or Postal worker has knowledge of it both as an object, as well as a subject.

The “medical condition” itself is “in the way” — seen as an object that has become an obstacle. Conversely, the Federal Agency or the Postal Service begins to see that once-stellar, high-performing individual — you — as something “in the way” of the Federal Agency’s “mission” and the Postal Service’s “work”.

When the Federal Agency or the Postal Service begins to see a Federal employee as an object, as opposed to a subject, then you know it is time to begin to prepare, formulate and file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, lest you become another casualty left in the heap of roadside debris as a passing car yells, “You were in the way!”

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Necessary changes

Is it a redundancy to state it in this manner?  Is change by definition necessary, or are some alterations merely voluntary, unnecessary, or modifications that are not required but are desired by sheer want of replacing boredom with ineptitude of lackluster metamorphosis?

Evolution surely resists it; for, the incrementalism and subtle refinement favors an unchanging universe, and we see that in the natural world, where an anomaly or mutation is disfavored, shunned by others and excluded instinctively.  The albino giraffe may be a fascinating phenomena to witness, but in the wilds where blending in with the landscape in order to go unnoticed by predators lurking about is the key to the survival of not just the “fittest” — but the one who is passed by unnoticed by more powerful forces ready to pounce and devour.

Change can take on many and variegated forms — from a spectrum dividing a wide chasm of consequences, whether intended or otherwise thoughtlessly expounded — from the minor adjustment to the tumultuous overhaul of upheaval and irreversible impact.  Some changes are merely insularly internal and go unnoticed, such as a “new perspective” or taking on a different way of seeing things.

Religious conversions can take that cloak of alteration.  We may know a friend, a neighbor or a family member who lives at the same address, speaks the same way, dresses in the identical manner, but one day blurts out, “I have become X!”  Perhaps there are some residual modifications made, and some we notice, others go with a ripple, like the many pitter-patter of rain drops that fall upon the midnight ocean and no one ever notices.

Other changes come from without — imposing its impact and causal effect without any choice or say in the matter — earthquakes; deaths; wars that no one asked for; events that unfold with untold consequences that no one thought through very well.

Medical conditions are akin to the latter — of a vicissitude that occurs without the asking, with impact upon lives both minor and consequential.  It is not only a change, but necessitates changes in the lifestyle, manner and approach of the one to whom it impacts.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it will often become apparent that the unnecessary (or unwanted) change to one’s health begets a necessary change that must accommodate the former.

A Federal Disability Retirement application may be a necessary change, if only to follow upon the change that has imposed itself by the very medical condition itself.

Changes — necessary or otherwise — require an adaptation, both mentally and often physically, and preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the penultimate necessary change that must be contemplated in a universe replete with necessary and sufficient causes beyond one’s control.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Unheralded individuals

Most of us fall into that category; rarely is there a person of “outstanding” qualities where a string of superlatives is deservedly ascribed.  This, despite a generation or so of children in schools being told that “every child is special” and that if you put your mind to it, you, too, can accomplish great things.

No, one may not be the star athlete, or even a starting one; or be talented in music such that one is accepted into some named consortium, or even be recognized for work in everyday, common settings. Yet, we all agree that it is “important” to give compliments, assign praise and shower accolades upon others, if only to ensure the healthy developmental aspects of the human ego.

Then, of course, there are those who “act up” for various reasons, and psychologists will speak about the yearning for an identification, the need for an outward showing of love, and how a person “acted out” of a need for expression, from frustration or sought-out recognition.  Is that what we all mean when that sudden terrorist act occurs and we hear the constancy of the next-door neighbor: “He (or she) was such a quiet, good neighbor.  Who would have thought?”

Is there really such a person?  What if an individual grows up and wanders throughout life never receiving any recognition of any sort – would that person end up being a healthy, well-adjusted, well-rounded and contributing individual?  Like unnamed tombs left for the weeds to overshadow in abandoned backyards of churches left to rot, can a person become a “person” and fulfill his or her “personhood” even if no one ever recognizes or otherwise points out such a person for some individualized, focus variant of an accomplishment seen?

Yet, such people are what are grouped into a faceless amalgamation as the “backbone” of a country, are we not?  Of those quiet, unassuming individuals who just work quietly, go about their business and work out the daily problems of the day, while those “heralded” individuals take the credit, appear on television and get their 15 seconds of fame in the world.

In this Kardashian-based universe where appearance trumps reality, the old philosophical arguments of Platonic Forms as opposed to the irrelevance of surface-realities, no longer applies.  The world has become a format (or, more appropriately, a floor-mat) of topsy-turvy indulgences.

For the Federal or Postal employee who suffers from a medical condition, where 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, the whole issue about being an “unheralded individual” is probably nothing new.

For, once the Federal agency or Postal facility sees an individual as “that one with a medical condition”, the entire outlook changes and the person with the medical condition suddenly becomes the proverbial persona non grata, the one relegated to the corner desk facing a wall, or otherwise shunned by the agency, the Postal facility and all coworkers besides.

Somehow, that is the “true” accommodation – to shun and ignore a “problem child”.  Well, you certainly are, at least, getting your fair share of recognition, now.  However, recognition of that sort can be dispensed with, and the best way to do that is to prepare, formulate and file 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. That way, you can fulfill your fullest potential by becoming one of millions of unheralded individuals.  Welcome to the club.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

  

Disability Retirement for Federal Workers: The lost ball in the field

We come upon it, and it sits gleaming with partial concealment in the tall grass beyond the river’s edge.  Whose was it?  Was it a child who threw it, or a parent, grandparent, or maybe even a sibling?  Did the child search for it, or was it forgotten soon after a futile search in directions otherwise unaccounted for?

Was there a party gathered, a picnic prepared and a blanket covered upon the grassy knoll; and were gloves included in the melee?  Was there laughter rumbling through the forest beyond, slowly dissipating in voices joyfully warmth in the sunlight of mumblings incomprehensible and lost among the groves of wildlife hidden behind and beyond?  Was the chatter of children full in the morning air, or lost in the heat of a midsummer’s dream?  From a lost ball in the field, can reality be reconstructed, or are the imaginations of dreams forgotten and hopes still hinting of a future unfulfilled, forever to be a wistful memory of what could have been, was, or even might have been?

Perhaps, some over-exuberant father threw the ball and it sailed over the head of the child; the child, watching as it travels overhead, then behind, then beyond where the periphery of limits placed in a universe that has been foretold of dangers and mysteries, watches as it bounces a few times, then disappears.  Perhaps there is a shout – something like, “Sorry, Tommy…let’s go find it!”  Then, a rush and rustling of footsteps, and a made-up race to the finish line: “First one that finds it is the winner!”

Gleeful shouts and joyful shivers, even in the sunlight of warmth and happiness, because for this moment, in this slice of time, a lost ball is bound to yet be discovered, and it is merely a temporary delay in yet an incomplete day’s fun.  But the search reveals nothing; the world conceals and refuses to cough up and unravel the mysteries of hidden meanings; and after a time, further voices calling for the consumption of picnics prepared and sandwiches to be unwrapped, and the sagging shoulders of a disappointed child must needs be the focal point of a universe otherwise uncaring and impervious.

Is this what happened, or did an old codger have a ball in his back pocket, was taking a walk with his dog, and it dropped silently out and rolled into the field, leaving behind any such creative imaginings to another page, an unfinished chapter, or a novel unpublished?

Things can be created out of whole cloth, or not at all.  What we include in the narrative of our meanderings is a choice, of sorts.  The child that walked away that mid-summer day’s loss – of what sorrow did he carry, and what tales did he tell tomorrow to his friends at school?  We all carry around narratives; what we choose to relate is up to us.

For Federal employees and U.S. Postal workers who are preparing SF 3112A, Applicant’s Statement of Disability, in formulating a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management – remember that, like the boy’s experience of the lost ball, the content of the narrative is important, and the delineation of the tonal quality of the facts is significant; choose with discretion the substance of the responses, lest the lost ball becomes found again, and it turns out that it was the old codger, after all, and not by the wonderment of a child’s unbelieving eyes.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Separation and Retirement under FERS & CSRS: The prefix of undoing

But that life followed grammatical rules; we would all become paradigms of perfection, transform into a species beyond reproach, and maintain a standard of living and measure of conduct unassailable by wandering eyes.  If affixing the prefix of “un” upon any life experience would negate — and not just in terms of virtual reality, but in “real time” reality — the action of which we deplored, as the grammatical ascription automatically accomplishes, then there would never be regrets, no need for hesitation, and always an advancement beyond beastly thoughts of secluded corridors where innocence need not enter and naiveness should not ponder.

It merely requires the intersection of life and language, of gargoyles and grammar, such that we can undo the deplorable, unhinge the unwanted, and untie the endless knots we created.  Linguistic elasticity would no longer be necessary; mistakes in life would be mere wisps of carefree shadows, like crayon colorings straying outside of the lines of convention that is applauded as mere creativity as opposed to lack of talent; and life would be deemed good and beautiful.  But life never follows the rules of grammar; otherwise, politicians would be believed and replays would become unnecessary (there we go again, inserting the prefix of the “un”).

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates (now it has disappeared) 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, the question is sometimes asked as to whether — if a Federal or Postal applicant attempts a given stage of the process of filing for Federal OPM Disability Retirement benefits on his or her own — a mistake be undone?

The answer is quite simple:  Most mistakes are correctible, but the one thing that an attorney cannot do, is to be a magician and place blinders upon OPM once the proverbial “cat is let out of the bag”.  But that life and grammar become one and the same; then, of course, we would complain that paradise constitutes boredom.

Sincerely,

Robert R. McGill, Esquire