FERS Medical Retirement from OPM: Back to Basics

Aristotle always refers back to foundational principles — back to ‘first principles’, or to the basics of life.   And so we must always keep that in mind too, even in — or especially when — filing a Disability Retirement application under the FERS retirement system with the U.S. Office of Personnel Management.

Yes, there are always a multiplicity of ancillary issues involved — of Agency efforts for accommodating the employee, of the character of a proposed separation of the Federal or Postal employee, and the subsequent invocation of the Bruner Presumption.  But in the end, it goes back to the first principles — the medical condition itself.  What are the symptoms; what is it about the condition itself which makes it inherently incompatible with the essential duties of the position; what is it about the incompatible nature of the condition that OPM fails to appreciate?

The health condition itself — that devastating failure of the body and/or the mind which profoundly alters one’s chosen career, character, and life.  How much more ‘basic’ can it get?

One’s career is often inseparable from one’s self-identity and consumes a greater proportion of time than most any other activity.  Yes, yes, we give lip service, to ‘family-time’ and ‘leisure time’, etc. but the reality is that we expend most of our own energies in pursuing our careers, and that is why when an injury, illness, or disability hits us, it has devastating consequences.  And so it must begin with the foundation of the first principle — of the basic medical condition, and from there — to build from it.

Of course those issues which OPM takes advantage of — the ancillary concepts of Agency accommodations, of applying relevant case law and preemptively addressing those pitfalls which OPM seems to take pleasure in forming the basis of a denial, but that all begins with the basic understanding of those first principles — the originating medical condition itself.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition and need to file for Federal Disability Retirement under FERS with the U.S. Office of Personnel Management, those overlooked first principles must be the originating source in compiling an effective FERS Disability Retirement application.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement under FERS, and consider whether beginning from the “basics” may be in fact the best way to start.

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 Disability Retirement Law: Beyond Self

In evolutionary theory, we are taught that “survival” is the driving impetus to changing genetic codes such that those who are successful in that endeavor increase the presence of one’s DNA within the pool of available survivors.

To that end, in modernity, in a world where brute force is no longer the basis for survival, but rather, the ability through cunning and intelligence has taken over the former “State of Nature” and replaced it with the “State of Civilized Behavior” — and so the focus is upon “Self” and of advancing the ego and the importance of the individual.  Or so the argument goes.

Throughout history, there have been many attempts to quash that “self” — of Buddhism in denying the reality of the world, thereby protecting oneself from despondency through diminishing the impact of suffering; of Communism by re-ordering the importance of “self” and making “community” or communal living the apex of human happiness; and even of Western religion in providing a paradigm for self-sacrifice in order to achieve an eternal kingdom where the self can be rewarded through self-sacrifice in this world.

In the end, however, somehow the “self” keeps popping back up, and getting beyond self never quite manages to prevail.

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, getting beyond self is an easy endeavor.  For, it is precisely the fact that the Federal or Postal employee has failed to focus upon oneself, as evidence of the basis for one’s failing health.

Self-sacrifice for one’s Federal Agency or the Postal Service is often a primary reason as to why one’s health has deteriorated, and it is high time that the Federal or Postal employee re-focus one’s priorities, and re-orient them to care for one’s self.

Contact a Federal attorney to discuss the possibility of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management (OPM), and begin to go beyond self by re-focusing upon one’s health, and the priority of the “self” in this otherwise uncaring universe.

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 Employee Disability Retirement: History and Evidence

There is much debate these days about history, revisionism, and the bias inherent in past historical analysis, and the foundation-shaking changes in the world of academia — specifically in the History Department — is an interesting phenomena to witness.

“History” has often been seen as the narrative told by the “winners” and conquerors.  Who tells it; how it is told; from whose perspective; which information is magnified and which is minimized; what should be relegated to footnotes and after-notes — these all comprise the “objectivity” of a historical narrative.

Is it, for example, “revisionism” to include more prominently the “dark side” of history?  In a strict sense, it is — for “revisionism” means to “revise”, for what reasons: Of new information previously undiscovered; of a previously acknowledged and recognized inherent biased view needing correction; of pertinent historical facts previously ignored; and even of factual material deliberately distorted.

History is an exciting field; one which is necessary to a nation’s narrative and perspective of itself; and what story is told, how it is told, and the quality of the material gathered and disseminated — all are important in the telling of a nation’s story, and revisionism should always be an integral part of it — of revising for purposes of accuracy and proper perspective, based upon the evidence available.

We should never fear revisionism based upon integrity, but should celebrate and embrace it.

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 — some history is important: History of one’s performance; history of one’s medical condition; history of the interplay between evidence and personal experience.

Contact a Federal Disability Lawyer, that is, one who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, where history and evidence coincide to create the most effective narrative possible.

Sincerely,

Robert R. McGill, Lawyer

 

Help with Disability Retirement from a Federal Agency or the USPS: The Task at Hand

It is the task at hand which must be focused upon — not the “other” things which continue to distract and impede.  Prioritizing in life is a necessity; and if it is difficult to make the judgmental decision of which is sequentially important as opposed to other issues of relative unimportance, then begin by completing the task at hand — whatever it may be — then moving on to the next one, and the next one after that.

Life has become complicated in this brave new world of technology, multi-tasking and electronic universe of virtual realities.  How do we counter the stresses of modernity?  By attending first to the task at hand.

For FERS Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to even complete the task at hand — of an essential element in your work — then it is time to contact a Federal Disability Retirement Lawyer who specializes in OPM Disability Retirement under FERS, filed with the U.S. Office of Personnel Management.

Such an attorney, if an expert exclusively in Federal Disability Retirement Law, will get the singular task at hand completed and accomplished, by getting an approval from the U.S. Office of Personnel Management, and getting you on your way with a Federal Disability Retirement annuity.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Worker Disability Retirement: Consequences

They exist and occur, for every act we engage, for every decision we make.  Some, inconsequential; others, of some limited impact; still others, of greater reverberations; and of a limited few — of impact both felt and ones by which we must live with.  Regrets result from the greater consequences we believe we could have prevented, altered, precluded or changed; those are the ones which nag and trail, follow us in haunting residue of forever regrets.

What could have changed things?  How could I have done things differently?  Why didn’t I do something at the time?

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, consider the consequences — then consult with an experienced attorney who will be able to guide you throughout the process.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, lest the consequences of proceeding without specialized advice could result in regret and remorse.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

OPM Disability Retirement under FERS: Agency Support

In a Federal Disability Retirement application, part of the SF 3112 series of forms will have to be completed by your Federal Agency or the Postal Service — whether you are still working for the agency or not.  Primarily, SF 3112B (Supervisor’s Statement) and SF 3112D (Agency Certification of Reassignment and Accommodation Efforts) will be the two forms which the U.S. Office of Personnel Management will require as part of the Federal Disability Retirement packet.

Can “how” it is completed by your agency impact OPM’s decision on your case?  Of course.

Is it important to have the “support” of your agency or Postal Service?  To some extent.

Can lack of support — or even lying about some of the issues — be overcome?  Yes.

There are, of course, some things which you have no control over — such as individuals making false statement, agencies unwilling to cooperate, the Postal Service not responding, etc.  However, there are things which can be done to circumvent such lies, uncooperative non-responses, etc., and it is certainly advisable to have an OPM Disability Attorney guide you with the wisdom and knowledge of experience and prior encounters in order to give you the greatest possible chance in your quest to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Toughing it Out

That is what most of us do, because that is what we are expected to do.  It is a concept which is gender-neutral, in these days of modernity.  Yes, there was a time past, where the female species was given somewhat of a “pass” if she showed weakness or lack of endurance; that, somehow, and for whatever reason, our ancestors referred to women as the “weaker” gender.

No longer.  Women are just as capable (was there ever any doubt of that?); women are just as strong; women are just as X.  And so, the result is that women are also expected to “tough it out”.  Whatever the context of such an expectation, the problem with always trying to tough it out is that it can be a self-defeating proposition.  It is not always in one’s best interest to tough it out.

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 position, toughing it out may actually be harming your case.  Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether or not you might want to consider an exception to the societal expectation of always “toughing it out”.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

   

OPM Medical Retirement for Federal Employees: The Before & After

In once sense, there can always be the identifiable spectrum bifurcated into the “before” and “after”, and the conditions, the context and the significant differences characterized by each.  There is the time “before” the 1929 stock market crash, and then the “after”.  There is the “before” period in Nazi Germany, and the “after” timeframe subsequent to defeat.  There is “before” television and “after”; there is the time period before X-presidency and after, and before the advent of the computer, the laptop, the smart phone, etc. — and after.

How can we identify and bifurcate based upon relevant contexts?  For example, one can point to the legendary bank robbers — of “Bonnie and Clyde”, “Pretty Boy Floyd”, “Baby Face Nelson”, etc. — and it is much fun to watch movies romanticizing such characters.  But how would they fare today in the era of cellphones and electronic tracking devices, modern technologies of security apparatus, etc.?  Could a person “get away” these days using the same tactics and strategies, or would any of the famous bank robbers have been smart enough to change tactics and adapt to this world of technological intrusion? Are the old bank robbers of “before” the new cyberspace hackers of “after”?

Before the Great Dust Bowl and the Depression was a country that was mostly agrarian and independent of the Federal Government; after, we became a nation where the greater populace looked to a more centralized nation.  Good or bad, we tend to view contexts upon a spectrum of “before” and “after”, and the same is true of individual lives.  “How” we view it all depends upon which events we consider as significant enough to posit as the bifurcating dividing point that separates the “before” and the “after”.

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 “before” is quite simple: Before the onset of the medical condition.  It is the “after” that becomes problematic, and filing for Federal Disability Retirement is the next step in completing the process of the “after” so that you can go on to the next phase of your life and make the “after” the next “before” in a life that doesn’t remain stuck in the “before” of one’s medical condition.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Perfection in the details

Why is it that we never question the statement, “Well, this is an imperfect world; but in a perfect world…”.  What is “perfection” and who defines it?  Doesn’t it all depend upon the details within the definition?  Is a “perfect world” the same for everyone, across all cultural lines and within every community?  Or does it vary depending upon one’s background and upbringing?  Would a picture of a “perfect world” be the same, say, for a pious, religious zealot as opposed to a hedonist?  How about the contrast between a Libertarian and an Authoritarian?

So, in a recent description about an individual who was known to have held conservative religious beliefs, but who concurrently believed in weapons production and advanced technological weaponry, the question was asked by a student whether there was a contradiction between faith held and work engaged, and the answer was: “Well, in a perfect world, we wouldn’t need any such weapons; but this being an imperfect world, we would have to defend ourselves.”

To this answer, of course, there appeared no “follow-up” question; but shouldn’t there have been?  Such as: What is your vision and definition of a “perfect world”?  Well, one might answer, a perfect world is one in which everyone is allowed to be free to do what he or she wants without fear of retaliation or offense.  But is that a viable vision of a perfect world?

As freedom and liberty is never a license for unfettered actions, so a Hobbesian State of Nature cannot be the foundation for perfection.

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 lack of perfection achieved is already self-evident: One’s health is a testament to that; and the manner in which the Federal Agency or the Postal unit has reacted to one’s health, is also an indicator of an imperfect world.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the perfect solution for the circumstances one is in, but then, we neither live in a perfect world nor must contend with a semblance of one.  Perfection matters in the details of every endeavor, and it is the striving towards perfection that matters, not in the achievement of it.

In preparing a Federal Disability Retirement application, always remember that there is never a “perfect case” where OPM will unquestionably approve it; but in preparing an application for Federal Disability Retirement, it is wise to seek the counsel of an experienced attorney in order to reach a level of perfection where, in retrospective regret, one does not have to needlessly say, “Well, in a perfect world…”

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The perfect person

By all accounts, he or she doesn’t exist, except perhaps in theoretical constructs of theological paradigms; and of academia, where one may argue some alternate version of Anselm’s argument by positing that, because the concept of perfection could not be thought of without the reality of a Being constituting perfection, ergo a perfect Being – God – must by necessity exist.

Yet, we live “as if” the perfect person exists – either imposing such a standard unknowingly, unwittingly and unwillingly upon our own selves, or by thinking that movie characters actually exist somewhere in the ephemeral world of Hollywood, Instagram and Facebook concoctions that only put forward to the public’s eye the image of perfection.

We overlook the distorted concept of perfection when we say of a movie character, “Oh, he’s not perfect; he drinks too much, cheats on his spouse and is violent.”  Yet, the make-believe character still solves the mystery, is philosophically coherent when drunk, and somehow remains an attractive character despite all such character flaws.  In other words, despite the appearance of flaws, we make gods of characters we create.

It is the same on the Internet – despite the knowledge by all that there does not exist the perfect person, nevertheless, we allow for Facebook postings and Instagram photographs of meals, dogs, kids, families, selves and neighborhoods as the perfect depiction of unblemished lives.  And of ourselves, perhaps the greatest of culprits alive – for perpetuating the mythological depiction by engaging in the flim-flam of projecting the existence of the perfect person.

Yet, what is the alternative?  No one wants to hear the perpetual whining of the constant apologist – that person who points out his own failures and shortcomings at the drop of the proverbial hat; of he who apologizes for the slightest of errors, the scent of a mistake and a hint of failure to reach perfection.  Name a movie character or a movie, excepting a comedy, where the character is merely a bundle of imperfections and unattractive to boot.  Even Inspector Clouseau in the Pink Panther series, played long ago by Peter Sellers and by others more recently, captured the culprit in the end, despite all of the blunders and pitfalls.

In the end, we all participate in the grand larceny of perpetuating the existence of the perfect person – until we are hit with a medical condition, and the façade then suddenly falls apart.  Yet, everyone else continues in the charade.

For Federal employees and U.S. Postal workers who can no longer keep up with the make-believe world of the perfect person because of a medical condition, where the medical condition prevents the appearance of the perfect person to perform all of the essential elements of the Federal or Postal job, it may be time to admit imperfection by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the imperfect Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, it is the perfect person who embraces the imperfection of this world, and that is at least a beginning for the Federal or Postal employee who must continue to face the Federal Agency or the Postal Service in facing the reality of living imperfectly in this all too perfect universe.

Sincerely,

Robert R. McGill, Esquire