Tag Archives: sf 3112c physician’s statement paperwork evaluation by experienced attorney

OPM Disability Retirement under FERS: Is It Enough?

That is always the question, isn’t it?  Especially, these days, when there are so many options, so many avenues, so many ways to get off of the proverbial path and become a wayward nonconformist.

Is love enough to last a lifetime?  Is a sense of obligation enough to be committed for the agreed-upon enmeshment?  Is religious fervor enough to maintain one’s faith even in the face of secularism’s hedonistic pull?  Is pleasure enough to sustain one’s sense of wanting to exist?  Is duty enough to compel a soldier to sacrifice for his country?  Is life enough to sustain?

That was the ultimate question for French existentialism, especially as delineated in Camus’ set of essays, beginning with the Myth of Sisyphus.  What is “enough”?  How can it be quantified?  Underlying it all, isn’t the ultimate question beyond whether something is “enough”, actually an irrelevant question?

For, as Aristotle would put it (and in this Post-Factual World, where Aristotle and Plato are no longer read, and thus, no longer relevant), we must go back to the basics, to the “foundational principles” underlying our belief systems: What is meaningful in our lives?

When there is a void in meaningfulness, hedonism fills that emptiness.  That is why teenagers turn to drugs; that is why adults succumb to alcohol; and that is why, when ISIS came into existence, and when the war in Ukraine began, thousands of Americans flocked to join in the “cause” — because, when the void of meaninglessness pervades, people jump to join anything and everything which becomes the cult of relevance.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in that career of choice — the work which gave “meaning” to your life — it is important to recognize that, indeed, there is “life after a Federal career”.  Likely, you may be somewhat saddened by the fact that your Federal or Postal career is over.  However, beyond your career, there is no meaning to life without your health.

And yes, there actually is “life after getting a Federal Disability Retirement” — and there abounds countless testimonials which attest to the fact that it is, indeed, “enough” to get a FERS Disability Retirement annuity, focus upon your health, then go into some other line of work in the private or state sector.

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 Legal Advice: The Soil of Easy Growth

We plant seeds in such soil — that enriched type which allows for delicate seedlings to begin life with a fresh sprout.  Metaphorically, we try and provide that for our kids — of that rich “soil” for easy growth — of a healthy, positive environment; toys; warmth; needs taken care of; of supportive extended family; protection against potential dangers; of puppy licks and hugs to give the newborn the soil of easy growth.

But then things change.  We cannot forever seclude children from the greater world of dangers and devices; and it is the periods of drought which strengthens, the encounters with poor soil which challenges, and winds of turmoil which helps the plant to become stronger.  And so it is with people.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal worker to thrive in the career of his or her choosing, it may be time to consider filing for OPM Disability Retirement benefits.  The soil of easy growth may once have been the Federal or Postal job; but with the advent of a medical condition, that soil has now turned into the poor soil of clay.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and consider changing your current career into another area of soil where the soil of past easy growth may yet bring forth the greater fruits of productivity.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement from the OPM: The Emotional Side

One side always accuses the other of having too much of it; and by merely alleging it, you immediately denigrate the opponent’s relevance, weight and substantive import of the argument engaged in.  It is a tactic often used in debate — of alleging that the other side has engaged in an “emotional” argument.

Showing it has been associated with weakness; admitting to it is tantamount to defeat.  Yet, we all have that side, don’t we?

Human beings are not mere automatons built with computer chips and Spock-like demeanors.  The Stoic, of course, has trained himself to deny that side of humanity; likewise, the Hindu priest, the Zen Buddhist, the warrior-brute.  Civilization itself has, in more modern times, declared that the emotional side is psychologically healthy to exhibit; and concurrently, there exists and has arisen a countermovement which believes that the pendulum has swung too far and that “real men” (whatever they are) need to reestablish themselves.

Clearly, wherever one is on the discussion-spectrum of this issue, there is a time and place for the emotional side to manifest itself.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates filing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management, there is a relevant place for the emotional side.  Yes, legal argumentation is important.  Yes, a logical, sequential exposition of one’s case is needed.  But in describing the impact of one’s medical condition, there is clearly a relevant place for the emotional side.

Contact a Federal Disability Retirement Lawyer who specializes in OPM Disability Retirement Law, and discuss where and to what extent the emotional side of the process is appropriate.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement: The Difficult Road Ahead

It is not different for much of life; it is always a “difficult road ahead”.  Whether viewed in a poetic pentameter or in long, Faulkner-like narratives, the troubles, traumas, upheavals and disappointments felt, experienced and injured by most, is simply the cost of living an ordinary life.  There may well be lives out there which are untouched by troubles or tragedies; but as every family has a closet full of skeletons, so the “perfect family” as portrayed on social media is likely a mere facade concealing secrets of unstated hurts.

If given an opportunity, what 3 wishes would be asked for to blunt the difficult road ahead?  Wealth?  Yet, having unlimited financial resources will not necessarily make you “happy”.  Fame?  Will adulation and recognition bring about lasting contentment?  How about good health?  Yes, but if everyone around you is susceptible to the scars of illness, what good would it be if you are the only one left and all of your loved ones become debilitated?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent you from performing one or more of the essential elements of your job, the difficult road ahead is not merely the deterioration of your health, but the long process of trying to become approved by OPM for a Federal Disability Retirement application.  Perhaps neither wealth nor fame were ever a goal for you; perhaps good health was always hoped for; but in the end, the loss of our health makes the other two rather insignificant, and the difficult road ahead magnifies even more the value of good health.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and consider that the difficult road ahead may require someone who not only knows what direction to take, but which road will lead you back to fulfilling the wishes of your dreams.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The mistakes we make

There are those who make it their life’s goal not to have remorse for decisions made; but is that truly a worthwhile achievement?  At the end of it all, is there a special space on the unwritten tombstone that lists the mistakes avoided, the embarrassments averted, and the admissions of deficiencies concealed?  Is that not where much of Shakespearean web of deceits are constructed from – of attempting to cover up the insufficiencies otherwise already apparent in the foreboding appearances we attempt to portray?

Tenuously though we approach the daily chasms of darkened pitfalls menacingly threatening each day of our daily lives, we refuse to admit, fail to recognize or are too weak in the egocentric falsities of fragile souls to merely utter the simple words that allow for expiation of our weaknesses and quickly move on:  “Sorry, I made a mistake”.

No, instead, the complex rationale, the justifications of convoluted sequences of condition precedents that fall upon the next as dominoes of perfectly aligned decoys; and the blame then shifts upon an eternal direction of fingers pointing one to the next, until there is no one left except for that proverbial last figure on the totem pole, who cares not because he or she is the runt forgotten or the brunt of everyone’s joke and display of pure human meanness.

But at what cost do we avoid admitting the mistakes we make?  Of what layers of calluses formed, souls injured and responsibility averted, until the unquantifiable element becomes so saddled with a guilty conscience no longer able to feel, to be human, to rise above the bestiality of man’s base instincts?

The mistakes we make often harm another, but those we do not admit to, diminish the essence of who we are, what we are capable of, and always forestalls the capacity to grow.

As in any process that is complex, preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, can have a pathway full of difficult decisions and a complicated morass of complex legal precedents, statutory obstacles and sheer obstructions of meandering deliberations.

The mistakes we make can haunt us with consequences difficult to reverse, and in preparing, formulating and filing a Federal Disability Retirement application, it is one of the rare instances in which he who makes the fewest errors, likely will win.  Mistakes in this area of law can range from the innocent and inadvertent, to the meandering blunders that lead to a denial from OPM.  It is often not enough to avoid a mistake in preparing an effective Federal Disability Retirement application; indeed, it is the blatant mistakes we make without the guidance of wisdom and experience that determines the future course of events, as in life in general.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation from Federal Government Employment: The uncommon denominator

Why is it that the common denominator is always represented by the basest of related factors?  The answer is simple, of course, and a tautology of sorts; for, that which is uncommon, by definition, constitutes a rare and prized feature, and through sheer economic application of supply and demand, the latter is heightened when the former is scarce.

Thus, in issues of character and human essences, the core of an individual is represented by the base elements of evolutionary Darwinism, and would therefore constitute the most simplistic of instinctive drives; whereas culture, refinement and societal structures are developed beyond the commonality of base factors.

Rousseau could be said to disagree with such a perspective, as his romanticized postulate of man’s vaunted “state of nature” reflected a penultimate, idealized condition of peaceful coexistence; but as no one has yet discovered an actual sociological enclave where such existence of sympathetic amplitude resides, it is doubtful that such defiance of the general view of man’s iniquitous soul provides the greater factor for an uncommon denominator.

For most, then, it is that which we share with all others; and, indeed, the element which interrelates everyone, is that which we publicly declare to abhor, but summarily engage in within the confines of law, societal mores, and acceptable norms of behavior. Except, of course, when the weakest of victims display the wounds of life, and the predators circle and abound like vultures encircling high above in the wind streams of timeless watchfulness, waiting upon a crumbling civilization as the decay of flesh and dying carcasses fume in the heat of the midday sun.

Federal employees and U.S. Postal workers know well the feeling of the common denominator; it is often that factor which brings everyone together in a semblance of denoted behaviors.  And it is precisely the uncommon factor which brings about the circling birds of prey; for, the Federal or Postal worker who suffers from a medical condition is “different”, and therefore steps outside of the perimeter of commonality; and that which is separated and isolated becomes the focus of the threatening predator.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, makes the Federal or Postal employee an uncommon denominator, and thus the target of baseness precisely because such a person has become the anomaly.

Evolutionary Darwinism requires the killing off of DNA structures which threaten the whole; and for the Federal or Postal employee who is no longer able to perform one or more of the essential elements of one’s Federal or Postal positional duties, preparing and filing an effective Federal Disability Retirement application through OPM constitutes the uncommon denominator for a future set for tomorrow, beyond the pale of those predators of antiquity whose self-extinguishment is bound by the fate of a shrinking pool of genetic predisposition.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Systems (FERS/CSRS): Of the parsimonious panderer

Somehow, merely doing your work just isn’t good enough; allies must be accumulated; alliances must be forged; outsiders, enemies and loners must be harassed, intimidated and crucified; suspicion is always cast upon the forces of neutrality, and homage paid is the quid pro quo of worldly advantage.

We tend to think that the manner in which prison systems naturally tend towards animalistic behavior of fiefdoms, savagery and community of gangs merely reflects a sociological consequence of a passing academic interest, without recognizing that the same applies in our daily lives.  One cannot merely go to work, do an excellent job and mind one’s own business; there are always dark forces beyond, awaiting and lurking, conniving to entrap and ensnare.

For the Federal employee and U.S. Postal worker who begins to suffer from a medical condition, such that the Federal or Postal employee must consider 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, the magnification and exponential pressure of prior failures in becoming “one of us” begins to manifest itself in so many ways.

For the Federal or Postal worker who suffers from a medical condition where the medical condition prevents one from performing one or more of the essential elements of one’s positional duties with the U.S. Postal Service or the Federal agency, two problems begin to surface:  First, dealing with the medical condition itself; and Second, dealing with management, supervisors, and even fellow coworkers.

It is an unfortunate truism that pandering not only works, but works too well; and if, in the course of one’s career, one has been parsimonious in the arena of pandering to others, the price to be paid is often the harshness of refusing to join and pay the membership of the panderer’s club.

But, then, the price for possessing integrity has always been the wounded pride of the lying predator, and when the parsimonious panderer awakens the abyss of human conscience by having a need for sympathy or empathy, the herd mentality of the world around will surely respond in ways predictable, by devouring the likes of a wounded prey such as the Federal or Postal employee who needs to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The distance marker

Highways have them; sports arenas and fields are littered with their recognizable placements; and runners rely upon them.  On highways, they are often coordinated with exits upcoming, but most drivers fail to recognize their relevance, and rarely take note of them.

What most people don’t understand, comprehend, and fail to appreciate, is that their importance is not merely about the distance still left to go, but how far one has already traveled.  The former is often tied intimately to the struggles one foresees extending into the future; the latter, forgetful or forgettable, as life’s accolades are rarely declared, and seldom trumpeted.

Thus, when a career is cut short, or a change in the course of a person’s life is necessitated by unforeseen circumstances, the internal agony and angst of life is always focused upon how much further we must go, as opposed to taking a breath and appreciating what distances we have already traversed.  Perhaps that is for the best; for, if pause were to become a pattern of petulance, progress would never be permeated.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes, prevents, or otherwise interferes with the performance of the essential elements of one’s Federal or Postal positional duties in the Federal agency or the U.S. Postal Service, the thoughts are always projected towards the future, and should be, as that is a “good” thing.

Too much reflection upon past accomplishments rarely does one good; and, in any event, the Federal agency certainly doesn’t care (don’t hold your breath for an anticipated office party recognizing your accomplishments and contributions), and except for some modicum of acknowledgements in performance reviews, will not give any leeway for future considerations based upon past successes achieved.

Perhaps that is why distance markers are ignored, except by those who have a purposeful drive in reaching a designated destination.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS or CSRS, or even CSRS Offset, becomes a necessity and a choice for the future, the distance marker to recognize is the attaining of that Disability Retirement annuity — and beyond, where life can be lived after Federal Employment.

And of the distance already traversed?  Reflection upon past successes can be the foundation for future endeavors; mark them, and even remember their placement and location; but never pause longer than half a breath, before moving on to the coordinated exit recognized as the effective preparation, formulating and filing of a Federal Disability Retirement application, lest not only the distance marker passes you by, but you miss the coordinated exit, as well.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Little Engine that Couldn’t

It is an educational tool utilized to impart upon children the value of hard work and unfettered optimism, but one wonders, At what point should the harsh realities of the world be included?  How, sometimes there are situations where the obstacles are so great and the conspiratorial caverns so deep that the graph of upward mobility is but a mere mirage in life’s cycle of certitude. The balance between the benefit of maintaining optimism in the face of adversity, and tempering unrealistic expectations, is a scale of justice which is delicately configured throughout life.

While the tale of the Little Engine that Could represents the cultural and societal impetus for encouraging work, fair play, persistence and a positive attitude, some of life’s obstacles serve to cut short the capacity and ability to achieve stated first goals.  Medical conditions tend to do that.  Whether primarily physical or secondarily psychiatric, or inversely impacted, a progressively debilitating medical condition saps the self-confidence of the individual, and eats away at the abilities of the patient.

For Federal employees and U.S. Postal Service workers, when a medical condition begins to prevent the Federal or Postal worker from performing all of the essential elements of the positional duties of the Federal or Postal employee, consideration must be given to one’s future, and that future planning should include filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Eligibility for OPM Disability Retirement benefits encompasses all Federal and Postal employees, whether one is under FERS or CSRS, so long as the Federal or Postal employee has met the minimum eligibility requirements: 18 months of Federal Service for those under FERS, and 5 years for those under CSRS (which is essentially assumed that anyone under CSRS already has at least 5 years of Federal Service).

Further, if the Federal or Postal employee is still on the rolls of the agency or the U.S. Postal Service, or has not been separated for more than 31 days, then the Federal Disability Retirement application must be routed first through one’s Human Resource Office of one’s Federal agency or the U.S. Postal Service (for the latter, the central processing point for all Federal Disability Retirement applications for Postal Workers is located in Greensboro, N.C.), then to the U.S. Office of Personnel Management in Boyers, PA.

Implicit in this requirement, of course, is that there is a “Statute of Limitations” as to filing a Federal Disability Retirement application.  All Federal Disability Retirement applications must be filed within 1 year from the date of separation from Federal Service.  Thus, if a Federal or Postal employee is terminated, or has resigned, and a Federal Disability Retirement application is filed, the (now former) Federal or Postal employee must file within 1 year of the date of separation — but if separated for less than 31 days, then through one’s former agency or U.S. Postal Service, and if over 31 days, then directly to Boyers, PA, which is the “intake” processing office for OPM for all Federal Disability Retirement applications.

Whether the Federal or Postal employee ever read or heard tell of the tale of the Little Engine that Could, the time for filing for FERS Disability Retirement benefits is when that proverbial engine gives out, and when life’s harsh realities turns the story of optimism and hope into a pragmatic approach in order to secure one’s future; for, sometimes, life accords engines which need fine-tuning, and medical conditions represent just that sort of mechanical need, for the Little Engine that once Could which turned into the Little Engine that Couldn’t.

Sincerely,

Robert R. McGill, Esquire