FERS Disability Retirement Law: A Comma, Not a Period

If each of us were but a punctuation in life, what would we be?  Of the curious mind — forever a question mark?  Or of that person with immovable convictions who goes around always opining on every subject, whether with knowledge or not — perhaps an exclamation point?

And of present circumstances, do we ever want to be a period, or merely a comma?  For, the period is that dot of finality, whereas a comma is merely a pause, an interlude, a hesitation before the rest of the sentence continues.

Do we really want the thought to end, or merely to cause a pause and then proceed with a burst of thoughtful streams where life continues on, the plot remains as thick as ever, and the chapters continue for pages upon pages?

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 or basic elements of one’s Federal or Postal job — don’t let the medical condition end your career with a period, but rather, let it be a mere pause like the comma which hesitates.

There is, after all, life after the Federal government, and preparing, formulating and filing an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS), submitted through the U.S. Office of Personnel Management, allows for the story to continue after the comma, as in being allowed to make up to 80% of what your former Federal or Postal position paid, on top of the Federal Medical Disability annuity you will be receiving.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and allow your life to be a comma with a continuing story to live, instead of the finality of a period which negates a brighter future.

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: Perfection in an Imperfect World

Other people are perfect; we, knowing the private imperfections abounding, can only project an image of perfection, and nothing more.  For, anything beyond a facade of perfection would make us either delusional or incredibly self-deceptive.

The “I” can only go so far in pretending to be perfect, precisely because self-knowledge of the multiple imperfections precludes such a false characterization of one’s self.  You, on the other hand, can be perfect.  Of course, my self-knowledge of myself logically concludes that the statistical and pragmatic chances of you being perfect are probably nil.

Nevertheless, based upon the facade you present of yourself, the pictures on your website, the perfect smiles on Instagram, etc., allows me to engage in the fiction you have created — of perfection in an imperfect world.

Similarly, there are no perfect Federal Disability Retirement applications.

Every FERS Disability Retirement application is a picture of imperfection, precisely because human beings who suffer from a medical condition never act in perfect ways in an effort to obtain a Federal or Postal Worker Disability Retirement benefit.  However, the U.S. Office of Personnel Management reviews all cases based upon the criteria of perfections — as to whether or not you perfectly meet each and every one of the legal criteria in a OPM Disability Retirement application.

Contact a Federal Disability Retirement Attorney who specializes in OPM Disability Retirement Law and see whether or not a “close-to-possible” perfection can be attained in preparing an effective Federal Disability Retirement application, to be submitted in an imperfect world.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The Weekend Warrior

It is always interesting how words expand over time, and how conceptual constructs and meanings extend beyond the elasticity of roots and origins, like the rubber band which can be stretched further than the critical juncture of the snapping limits.  Reference to the “weekend warrior” was once limited to the military reservist who — during the week, a mere civilian like the rest of us — on weekends would don a uniform and act like a career soldier.

Somehow, the delimited conceptual construct extended to non-military personnel, as in: Anyone who engages in some form of strenuous exercise or activity, then beyond that to: Everyone who does anything of any nature on weekends different from the rest of the week.

Perhaps a decade or so ago, if a person referred to someone else as a “Weekend Warrior”, it was meant and understood that such a person was a military reservist who went away on weekends to fulfill his military commitments.  Then, perhaps more recently, such a reference was presumed by many that, well, X played softball or climbed mountains, or rode a bicycle beyond a leisure activity until, today, it might mean that X considers himself a Weekend Warrior if he gets up off the couch to go down to McDonald’s for a milkshake.

The problem with the malleability of words is that, once they get beyond the origin of their roots, not only does meaning expand, but they also lose much of their meaningfulness.  For, the Weekend Warrior now refers to the Federal or Postal employee who struggles every weekend to just get enough rest in order to make it back to work on Monday.  The sadness of such a state is that such a struggle deflates not the meaning of the word, but of the meaningfulness of work and life itself.

For Federal employees and U.S. Postal workers who must become Weekend Warriors by simply resting up in order to maintain one’s health in order to struggle back to work during the week, it may be time to consider filing for Federal Disability Retirement benefits under FERS.

Consult with an Attorney who specializes in Federal Disability Retirement Law and consider what the true meaning is as to what it should mean: Of a Weekend Warrior who can once again use the weekends for its intended purpose: Of a Warrior on Weekends, and not to recuperate from weak ends.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Of persuasive effect

What does it mean to possess “of persuasive effect”?  If a person argues in a debate for endless hours, and at the end of it all, various people from the watchful audience turn aside to one another and declare, “Well, he sure was persuasive, but I’m still going to vote for the other guy” — what can such a statement mean?  If an acknowledgment of persuasion nevertheless results in an opposite conclusion, can one still maintain that there existed any degree of the very element which was supposed to modulate otherwise?

And legal precedents which must be applied — say, in a Federal Disability Retirement case, where the U.S. Office of Personnel Management is “required by law” to consider certain elements, such as under the Bruner case or the Simpkins case and subsequent case-law holdings which “mandate” that OPM consider the proffered evidence as cited by a Legal Memorandum — do they necessitate a certain outcome, or is it merely “persuasive but not determinative”, and what does that mean?  Is it that the level of persuasion was just “not enough”, and while it might have come somewhat close, it just didn’t have that final “clincher” to put it over the goal line?

And if we know beforehand that “persuasive effect” won’t necessarily result in a “determinative impact”, do we just not try at all, or is the mere possibility of “tipping the balance in one’s favor” enough to try and attempt to persuade?

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where preparing an effective Federal Disability Retirement application becomes necessary, the impact of a Legal Memorandum — prepared and submitted along with the Federal Disability Retirement “packet” — is like traveling with Google Maps guiding one into unfamiliar territory.  Without it, the reviewing “specialist” at OPM will simply be presented with a stack of information with no indexing or cover sheet.

With it, the importance of persuasive effect is there to guide the OPM reviewer into seeing what is relevant and what is not; of the legal cases that are impactful and persuasive; and of the mandated requirements in applying the proper legal criteria, and not merely of empty arguments that seemingly possess of persuasive effect, but lead to conclusions otherwise left without direction.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Government Employment: Forms, Formats and Conformity

Forms rule; formats pervade; conformity to previously formatted forms are imposed both by the forms themselves, as well as through the delimiting presentation proposed by the formatted appearance.

Forms represent bureaucratization of an industry once known as a mere whippersnapper, but which now has grown into a behemoth and overpowers all with its industrial strength and dominance.  Formats demanded by such Leviathans of leveraged leaders in lapidary loquaciousness lead leftovers left scratching lonesome and lackluster lilliputians (leaving aside luckless left-handed leeches left to lollygagging lamentably).  Conformity by all others reflects the power of forms and formats, as everyone wants to be like everyone else, and rebels who defy the standards of sameness threaten the very essence and structure of a society comfortable with a herd-like mentality.

Federal employees and U.S. Postal workers know this concept well; for, while youth may enter into the Federal Sector or the U.S. Postal Service with grand ideas of “conquering the world” with “new and innovative” ideas never before thought of (why is it that the young believe that they alone came up with the idea of a wheel, or that defying one’s parents is something that cave-teenagers never engaged previously in epochs long forgotten?), it takes but a mere few years before the spirits are dampened and the fury of imaginative flames are extinguished.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition, such that the medical condition necessitates preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, encounter with, and confrontation of, another set of “forms” with a specific “format” which must follow a baseline “conformity” must again be faced.

Most Federal and Postal workers are under the Federal Employees Retirement System (FERS) and must complete two series of forms for purposes of filing for Federal Disability Retirement:  SF 3107 series, including the Application for Immediate Retirement and Schedules A, B & C; as well as the SF 3112 series, along with the onerous “Statement of Disability” as formatted in SF 3112A. For those rare dinosaurs under the Civil Service Retirement System, the SF 3107 series is not for you, but rather, it is the SF 2801 (when are you all going to fade away so that the government can save some money by throwing aside those forms?).

Just remember this:  Forms are formatted for a specific purpose; and while conformity is necessary in order for streamlining in favor of an overworked bureaucracy, in the end, the purpose of all three — forms, formats and conformity to the first two — is to achieve an end-goal, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, that achievement is attained by getting the necessary proof and documentation over to OPM, in order to get an approval of one’s Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS-Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Cost of Character

Being daily denigrated is an expected course of treatment for some; for those who perpetrate it, the sport of demeaning is often thoughtless, reactive, and toxic to the core, and reflects a fundamental void in one’s own life; and for the victim of such caustic characterization, the incremental pounding to one’s ego, self-esteem and capacity for abuse results in diminishment of the identify of worth by small slices of reduced stature.  Such attacks may be overt and direct, while others may be subtle, privately targeted, and intentionally out of the earshot of witnesses.  In both cases, the damage can be devastating.

For Federal employees and U.S. Postal workers who must confront this type of daily abuse in the workplace, the avenues of outlet are complex and varied.  Complaining or filing lawsuits often results in the mere circling of the proverbial wagons around the perpetrators, and suddenly an invisible fence appears where the victim is the “outsider” and the caustic character the one needing protection.

For those Federal or Postal employees who suffer from a medical condition, and who receive the brunt end of such ill treatment because of the medical disability which impacts one’s ability and capacity to perform one or more of the essential elements of one’s positional duties, the need to deal not only with the toxicity of a hostile work environment, but concurrently with the underlying medical conditions, makes for an admixture of overwhelming circumstances.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the best and only course of action left.  For, to stay becomes an untenable option which impacts and further deteriorates one’s medical condition precisely because of the toxicity of the environment; to walk away and do nothing is an act of idiocy, given the years already invested in one’s career; and thus the alternative of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the most enlightened of choices to be made:  It allows for the recuperative period away from a denigrating source of pain, while securing a foundational annuity for one’s financial security and future.

We often talk daftly about “character” and the need to “stick it out” when the “going gets tough”.  But the cost of character is the price paid by the Federal or Postal employee who must withstand the onslaught of a bureaucracy which is faceless and relentless, while at the same time dealing with the deteriorating health administered by a medical condition which will not just go away.  The cost of character means nothing if the essence of one’s worth is not protected, and filing for, and securing, a Federal Disability Retirement annuity is meant to do just that:  pay for the cost, and safeguard the character of worth.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Other Side of Work

The entanglement of work with value and worth is an inescapable aggregate of custom, upbringing, time spent, and the egoism of leaving some indelible mark upon an otherwise implacable universe.  Where work resulted in income, and income the cumulative wealth of a lifetime, the driving force behind it never mandated the fury of necessity.  Of course work has always been tied to livelihood; that is a given.  But when the doors for credit, mortgages exponentially exceeding an imbalance beyond capacity to repay, and the idea became accepted that luxury need not be left for tomorrow, the slavery of bonding work to worth became an unworthy concept.

Then, when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the fear and trembling for future needs begins to encroach.  For Federal employees and U.S. Postal workers who find that a medical condition is having an effect upon one’s performance of work, the reality of potential alternatives must be faced, and quite quickly, lest the other side of work, like this side of paradise, leaves one with neither work nor income, but a bleak future without either.

Filing for OPM Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, will take time to develop, submit, and wait upon in order to receive a decision from the U.S. Office of Personnel Management.  It is a complex bureaucratic process with multiple administrative facets.  The reality of needing to file, however, should never be confused with the bundled confusion one has concerning worth, work, and the value of one’s contribution to society.  It is the medical condition itself, and attending to the symptoms and effects of that which one never expected, asked for, nor desired, that must be focused upon .

Some things in life are, indeed, worth of greater value than work, and the value placed upon the other side of work will determine the course of one’s future, whether of joy and love, or of further puzzlement beyond the imprint of time spent without one’s family.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government: The Run

Stockings and watercolors do it; time, with quietude and solace of a steady march, moving with predictable sequence like the consistency of a drumbeat; and, of course, the rhythm reminiscent of cardiac health, as do joggers and concerned citizens chasing down a purse snatcher to retrieve a possession of identity.  And life, too.

Sometimes, there is a good “run” of something — a lengthy period of calm and productivity, where all of the pistons of a complex and interactive mechanism akin to a turbo engine are firing away in tandem, and life is good, fruitful and positive.  But the inevitability of a breakdown can always be around the proverbial corner; a medical condition, suffered by a Federal or Postal employee, is not merely a stoppage of such a “run”, but can be a disruptive cacophony of ceaseless interruptions, both to career and to personal contentment.

The key is to get beyond, over, or around the obstacle which lands in the middle of one’s pathway for future well-being.  The child who fails to see the watercolors running; the invention of the stockings that never run; the life that seemingly runs smoothly; all, a perspective wrought at a price of neglect or deliberate ruse.  The fact is, life always has interruptions.

A medical condition can be a major one, and when it begins to prevent one from performing one or more of the essential elements of one’s positional duties, the Federal or Postal employee under FERS, CSRS or CSRS Offset may need to consider an alternate course and begin anew a run of a different sort.

Filing for Federal Disability Retirement benefits is indeed a change of course.  It involves a complex bureaucratic strategy to get from point A to destination B, and the administrative obstacles are many, but not insurmountable.  And, like the verb itself, it provides many meanings for differing circumstances, but the one and central root of the process involves embracing the paradigm that life is never as easy as one thinks, and like the child who believes that he is the next Picasso in training, the run of the unpredictable always betrays the truth of our condition.

Sincerely,

Robert R. McGill, Esquire