Tag Archives: standard form 3112a and other opm docs legal preparation

FERS Disability Retirement for Civilian Federal Employees: The Chance of Success

It is a peculiar word — “chance”.  It is a word defined by the fortuitous occurrence of an event, often involving luck, accident, and random pairing.  “Success”, on the other hand, is rarely by chance.

People don’t win sports events by chance; one does not come upon a million dollars by accident.  Yes, perhaps meeting one’s spouse occurred by a “chance” meeting, and maybe a given event was “fortuitous” in that the circumstances will never again be replicated and thus one can deem it as an “accidental” occurrence; but in the end, few successes in life rarely occur as a matter of chance.

Yet, despite their inapposite meanings, we quite readily combine them into a commonplace query, do we not?  As in: What are the chances of success?  “Chance”, as stated, is most often used in terms of random luck.  “Success”, on the other hand, is through diligent preparation, hard work, focused intent.

But in the form of the question,  What are the chances of success? — we are really inquiring as to the percentage probability of an outcome, like the gambler who sizes up the various card tables at a casino before settling for one which seems to afford a higher probability of winning.

For Federal employees and U.S. Postal workers who are similarly “sizing up” the chances at a successful filing of a Federal Disability Retirement application under FERS, it is often akin to the “dealer’s advantage”: the odds are always better if you have the advice, guidance and counsel of an OPM Disability Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Turning Point

There are at least a few in every person’s lifetime; that moment, the juncture, a particularly critical encounter which results in a change.

How momentous a change?  It depends upon the circumstances; however, the “turning point” for most individuals is of sufficient consequence so as to be remembered retrospectively as a specific aggregation of time and events that required a change.

There are weighty events in life’s multiple paths which force an individual to make changes.  Change is a difficulty thing for most of us; we rely upon and enjoy the monotony of repetition, predictability and laziness of doing things the way we have always done them.  Yes, there is sometimes the excitement of “newness”, but for the most part, contentment with the sameness of yesterday and the day before are what we love.

Birth; death; a career opportunity; a health crisis — these, and some other events, often bring about a “turning point” in our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where that medical condition begins to prevent the Federal or Postal worker from performing all of the essential elements of his or her job, the turning point is often that realization that things cannot continue as they have been doing for the past 6 months, the past year, or perhaps longer.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, and consider whether or not the next turning point in your life is the effective preparation, formulation and filing of a Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: The Seams of Life

Historically, the Taylor was an important member of a community, in a time prior to mass production, machine-made clothes and store-bought dresses.  Of course, people were much more self-reliant in past centuries, and so we stitched and yarned, grew things for our own consumption and rarely disposed of things until their utility wore out beyond their intended use.

The seam was important — for, it was the master craftsman (or woman) who made it appear as if it didn’t exist at all.  Think about the anomaly: The best craftsman (again, “or woman”) was the one who brought two pieces of material and put them together, but in a way that you couldn’t even tell that they were once two separate pieces.

Thus do we have our manners of speech: “That was a seamless presentation”; “It seems that the seams of society are coming apart”; and the one noted herein: “The seams of life” — referring to those social stitches that keep our society together.

The seams of life are those threads which maintain the integrity of social order: customs, traditions, basic courtesies and norms, however fragile or thin, in whatever state of consistency or disrepair; and in this time of tumult and chaos, it often seems that the seams of life are beginning to fray.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s job, the seams of life may appear to be coming apart in one’s personal life because of the impact of one’s own deteriorating health.  When that happens, you may want to consider filing for Federal Disability Retirement benefits under FERS.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and see whether or not you can stitch back up the fraying seams of life, where it sometimes seems that the seams of life are seemingly coming apart at the seams.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Dismal

At the outset, you realize that something is wrong with the caption.  Not being a noun, the space following demands the question, “The dismal what?”  Adjectives require it; we all learned about them in grade school (if that is even taught, anymore) about grammar, and how they “modify” the noun.  It cannot stand alone.  It is a peculiar adjective, isn’t it?  It is one that cannot modify a noun except in a negative way.

Others can be modifiers but can themselves become altered by the mere fact of relational influence.  For example, one may refer to the “beautiful ugliness” of a landscape, and understand by it that the contrast between the two modifies one another.  But with the adjective “dismal’, it seems never to work. Whatever noun it stands beside; whatever word that it is meant to modify; in whichever grammatical form or content — it stands alone is a haunting sense of the dismal — of down, depressed and disturbed.

It is like the medical condition that attaches and refuses to separate; of an embrace that will not let go, a hug that cannot be unraveled; and a sense that cannot be shaken.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the adjective of “dismal” often precedes the realization that one’s career must be modified in order to attend to one’s medical condition.  Work takes up a tremendous amount of one’s time, energy and strength of daily endurance, and obtaining a FERS Disability Retirement annuity is often required just so that one’s focus can be redirected in order to attend to one’s health.

The process of preparing, formulating and filing, then waiting upon, a Federal Disability Retirement application is a daunting one, and you may want to consult with an attorney who specializes in Federal Disability Retirement Law, lest the dismal turn into a morass of a bureaucratic nightmare which fails to modify the noun that all applicants yearn for: The approval.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Keeping it together

Living in modernity is a complex juggling act that never ends.  Simplicity recollected in former times often harken towards an idealization that perhaps never existed, where toil, labor and survival were a coalescence of a person’s life, and meaning was never divorced from what one was engaged in, the acts of striving, the struggle to earn a living.

Modernity magnifies Marx’s observation that human discontent is a result of separating man’s labor from the self-esteem of accomplishment, where the factory worker sees merely a microcosm of monotony but never possesses the self-satisfaction of any meaningful end to the assembly-line of life.

Instead, today we are a fractured sort, running like the proverbial chicken with its head cut off (and we don’t even quite understand what that means, anymore, as no one lives on a farm to understand that when a predatory owl comes swooshing down and severs the upper portion of a cock-a-doodling bird, the feet continue to pedal forward even after the headless horseman is taken away), awakening, rushing, being dazed and in a trance to view the multiple screens of a Smartphone, the laptop, the desktop and being directed by electronic voices of commandeering vehicles, parking barometers and driverless vehicles to merely observe as bystanders in a world gone mad.

Credit crunch, debt overload, children brought into the world without direction or means, and droughts, famine and wars and rumors of wars beyond; it is a burden just to try keeping it together, these days.

Promises have been made for decades plus of technology granting a reprieve both in time, effort and human toil, and the time for leisure which the totalitarianism of oppressive modernization has detailed has somehow never come to fruition.  Work, and more work; overtime; the juggling of family time, work, filial commitments and more work; and we can “have it all”, or so they keep telling us.

Email was supposed to undercut the need for the snail’s pace of the Postal Service, but now we are bombarded with an exponential quantification of that which we used to open with a mail opener, inserting carefully into the edge of the fold and slicing gently so as not to spoil the contents within; and somehow that very act of ancient and tactile connection between the eye, the hands, the metal implement and the organic material of an unopened letter gave it a personal bond of sorts, even in a mechanized office setting.  Today, it is merely one more click of a computer button to open up the electronic mail.

“Keeping it all together” – is it possible, anymore?

Then, when you consider an unwanted intruder – a medical condition both unexpected and unforeseen – is it any wonder that things quickly fall apart.  For Federal employees and U.S. Postal workers who find it difficult to continue in one’s chosen Federal or Postal career, when the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal position, it may well be time to recognize that the fundamental basis of keeping it all together rests upon the ability to prepare, formulate and file 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.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: “Oh, can I help?”

It is the grammatical interjection or discourse marker; in either usage, it is in response to some new or surprising information received.  Thus do we often encounter that individual (we all know of at least one) who, sitting silently, idly and unnoticed throughout, suddenly perks up after all (or most) of the work has been done – whether in preparation of a meal; cleaning up after the dinner party; or where the main elements of a project have just been completed.  And the uninvited interjection:  “Oh, can I help?”

There may even be a hint of clever knowingness in the eyes emanating from that query – of a challenge and defiance, to dare one to question the sincerity of the offer, even when the history of that singular uniqueness has many times over manifested a consistency of never having acted upon the discourse marker.

Yet, we are required to graciously accept it as sincere, and to respond with resignation that, No, there is nothing more to do, but Thank You for the offer, anyway.  For, we all know that the test of sincerity is not words upon words, but rather, that individual who, without uttering a single word, gets up and acts, and engages, participates, contributes and embraces with nary a muttering.  It is the pause between the utterance and the action that makes all of the difference, in common discourse as well as in everyday lives.

There are many, many people who interject with the “Oh, can I help?” but fewer still who act without words unnecessary and unappreciated because of humility in silence.

It is that chasm between word and act, utterance and initiation, a cocoon existence in the silence of one’s thoughts and the breach of entrance into the objective world around – or, for Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management:  the gap between the suffering silence of a medical condition and taking that step in preparing an effective Federal Disability Retirement application, which can be an administrative process that can take many months, and sometimes years.

It is well and good for the individual who consistently utilizes the discourse marker to avoid entanglement in undesirable projects, but when it begins to harm one’s own interests, then it is time to not merely utter a sentence, but to prevail upon the world and act upon the need.

For the Federal employee or U.S. Postal worker who, because of a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, can no longer continue in the career or vocation of choice, the grammatical interjection of, “Oh, can I help?” should immediately be followed with initiating the steps necessary to secure one’s Federal Disability Retirement application, by making inquiries with a lawyer who has experience in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Preparing for more than a ‘maybe’

We never engage a project with just a ‘maybe’; to do so is to invite a preemptive failure, of sorts.  On the other hand, there are rarely any guarantees in life; just as the victims of Madoff and other historical figures of thievery; a ‘sure thing’ is rarely that, and more likely its counterintuitive opposite.  Chances and opportunities of a lifetime, of course, are touted as ‘maybes’ that should be considered.

Those stories abound of youthful vigor in the parent’s basement tinkering with innovations that will alter the future course of technology and mechanized futuristic inventions; but of that, was it really a ‘maybe’?  Or, as such young stars never had anything to lose, anyway, except for time and the clutter residually left behind in the parent’s basement, any sudden abandonment or stoppage due to lack of progress would have simply meant that the endeavor itself was merely a minor intermission, a brief pause, in an otherwise brighter future for the young to pursue.

No, we don’t deliberately prepare for a ‘maybe’; we may forewarn failure by uttering words that appear tentative; but in almost all instances, we prepare for more than a ‘maybe’.

For Federal employees and U.S. Postal workers who are beginning the process of preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, how does one enhance the chances of a successful outcome, as opposed to being subjected to the whims of an Administrative Specialist at the U.S. Office of Personnel Management?

Does one merely gather up one’s treatment records and medical notes, and hope for the best?  Do you simply answer the questions on SF 3112A as if there were no legal ramifications inherent in the form of the questions posed?  Do you just take the SF 3112C to your doctor and have the doctor submit whatever his or her medical opinion is, to your Human Resource Office?

There are rarely guarantees in life – that is true, and it is never more so when filing a Federal Disability Retirement application with OPM.  At the same time, however, no one merely prepares for the lesser standard of a ‘maybe’, and in preparing a Federal Disability Retirement application, it is best to always prepare for more than a ‘maybe’, even if it is less than a guarantee of a sure thing.

Then, again, those who invested with Bernie Madoff also thought that it was a ‘sure thing’, and look where they ended up.

Sincerely,

Robert R. McGill, Esquire