Tag Archives: standard form 3112b supervisor's statement was negative

OPM Disability Retirement: The Value of Something

Or, perhaps a more appropriate title might be, “The value of everything”.  There has been an explosion of discussions in recent times, especially during the pandemic, of the “value” of things — from human relationships to the careers and work we engage in.

The older generation has questioned the “work ethic” of the younger generation, who have in turn responded with a philosophical query:  “What is the point of all of this if we hate what we do?”

Massive turnovers have occurred, and a paradigm shift has resulted on the scale of Thomas Kuhn’s thesis, but applied to the general population, as equally significant as the 16th Century Copernican Revolution which turned the geocentric universe on its head.

Are young people just lazy, or do they have a point?  Is there value in all work, or should work be viewed as a means to a greater end?  And beyond that, how do we assess the value of anything, and is there a universal principle to guide us all?

One thing is for certain — and that is, that anything of value is that which is worth fighting for.  At the most primitive level, how hard we fight for something reveals the underlying value of that something.

Now, whether or not the ascription of value we have rendered to an object or principle is right or wrong, may differ in opinions; nevertheless, at its most basic construct, it is a beginning point to ponder.

For Federal and Postal employees who have filed, or are intending to file, for Federal Disability Retirement benefits under FERS, the value of securing a lifetime annuity will be determined by how hard you want to fight for it.  To that end, you will likely need the assistance of a FERS Lawyer who specializes in Federal Disability Retirement Law, as the U.S. Office of Personnel Management (OPM) does not easily issue an approval for a Disability Retirement application.

Contact today an OPM Disability Retirement Lawyer who practices exclusively in fighting on behalf of Federal and Postal employees to secure your right to Federal Disability Retirement benefits under the FERS system, and consider the value for that which you are fighting for.

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 Disability Retirement: The Value of Complaint

The older generation would probably disagree.  For, complaining about anything in this world “never gets you anywhere”, is the refrain often heard from a generation which endured the Great Depression, a World War, the Cold War, nuclear threats — and, more recently, of global terrorism.

And where did “complaining” get us?  Nowhere.  Government keeps getting bigger and bigger, more intrusive into our lives, while the services offered become less efficient.  Things always seem to get worse, over time, despite promises of greater efficiency and openness.

Yet, there is a value in complaining — at a minimum, of simply releasing the pent-up frustrations amassed through standing in long lines, inability to get through to a live person on the telephone, and a myriad of other frustrations and withheld, repressed irritations.  Complaining also has the value of letting your concerns be known to others.

There is, of course, a “fine line” between complaining (a negative connotation) and expressing one’s “concerns” (a valid, more-acceptable linguistic contortion that is somehow a “positive” engagement).  Perhaps it has to do with the accompanying tone of voice, facial expression, or just the plain fact that if the listening individual likes you, then you are expressing a concern, but if he/she decides to not like you, then you are “complaining”.

For Federal employees and U.S. Postal workers who are considering filing an effective Federal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management, “complaining” is a necessary component in preparing an effective Federal Disability Retirement application.  For one thing, you need to — at a minimum — have some documentary proof of your health complaints (i.e., have a history of medical treatment).  Moreover, it is often helpful if your agency knows of your health concerns (here we go again — a more “positive” way of putting it).

And when you are ready, call a Federal Attorney who specializes in Federal Disability Retirement Law, and begin to complain to him about the complex bureaucratic process of preparing, formulating and filing an effective Federal Disability Retirement case.  And as to the value of complaint?  I promise to listen.

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 Medical Retirement Benefits: The Inadequacy of Language

Adequacy is determined by comparing the expectation of fulfillment to the reality of what occurs.  For a short period of time in the history of human existence, adequacy was met — for, language as a tool of communication was successful in conveying commands, following simple instructions, purveying uncomplicated thoughts, relating oral traditions of historical facts, etc.

As life became more and more complex, of course, language had to keep up in order to accommodate the greater need.  The development and evolution of language has certainly become more complex, and the discipline of philology reveals such evolving complexities — but the question always remains, Is language adequate?  And the follow-up question by necessity: Adequate for what?

One might avoid the question by criticizing the vehicle of language, of course — that in the end, language is adequate, but it is the speaker of a language whose inadequacy is revealed by the inefficient manner in which it is applied, the inability to choose or recognize the right words, etc.  In the end, it is likely both — for, even a lifetime of studying one’s own language is often not enough to be able to describe the inherent complexities of the world in which we live, especially given the technological expansion in modernity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates contemplation of preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management under FERS, make sure that you recognize: (A) That such an application for Federal Disability Retirement is first and foremost a paper presentation to OPM and (B) that conveying the severity and extent of your medical conditions must by necessity be through the expertise of linguistic formulation.

As such, it is often the inadequacy of language which will determine the success or failure of an OPM Disability Retirement application.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that the inadequacy of language is not to your disadvantage.

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 Disability Retirement: Saying Something

The phrase can mean many things, depending upon the context within which it is being used.  Perhaps a person inadvertently says something profound or useful; someone else, within earshot, might comment that what that person said “is saying something” — meaning thereby that something unique and substantive had been expressed.  Or, perhaps there is a heartfelt exchange between two young people, and a silence suddenly looms over the conversation; perhaps it is an embarrassing moment, or a critical juncture in the conversation where something needs to be said — a commitment, perhaps, or an assurance, and one of them says to the other emphatically, “Say something!

It is, in the end, the “something” which is the operative word in the phrase, is it not?  The “saying” of it matters, but it is the “something” which makes or breaks the saying of it.  It often parallels the other phrase — “Do something” — where, similarly, the “something” matters greatly, but it is the “doing” of that something that people entreat each other about.

For Federal employees and U.S. Postal Service workers who are beset with a medical condition that requires the proper preparation, formulation and filing of an effective Federal Disability Retirement application under FERS, always remember that “how” something is “said” — as in a medical report or in the Applicant’s Statement of Disability (SF 3112A) is just as important as the “doing” of it — i.e., of filing the Federal Disability Retirement application.  The “something” that is said on SF 3112A must be substantive, concise and clear, and not just a bunch of “nothings” that may disappoint someone in a lover’s quarrel.

Consult with an attorney who specializes in Federal Disability Retirement Law in order to make sure that the “something” that is being said will make a difference.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

FERS Disability Retirement: The Meaning of Incompatibility

We hear the word often — used in conjunction with “irreconcilable differences” (in a divorce proceeding), or perhaps in an electrical engineering context where voltages and circuitry are “incompatible” with this or that mainframe, or some similar language game involving technical issues which don’t work well together.

It is a peculiar word; stated in a certain way or tone of voice, it is a declaration of finality, as in, “Nope!  These two [blanks] are incompatible!”  And ascribed to human beings?  How about: “Jane and Joe were married for 20 years.  They have separated and are going to get a divorce because they are no longer compatible”.  Does the phrase, “no longer compatible” mean the same thing as being “incompatible”?  Can two people, like two components of some mechanical processes, become “incompatible” when previously they were not?  Are people like widgets where parts can be irreplaceable in one instance, but are no longer so in the next?

It is, as well, a legal term.  In the field of Federal Disability Retirement Law, incompatibility is the “fourth” criteria that can be met if the first three (deficiency in performance, conduct or attendance) cannot be satisfied in a Federal Disability Retirement case.  Some medical conditions cannot so easily be described in terms of a 1-to-1 ratio between a medical condition and an essential element of one’s Federal or Postal job that cannot be met.

In their aggregate and totality, the compendium of medical conditions may have come to a critical juncture where they are no longer compatible (i.e., incompatible) with continuation or retention in the Federal Service, and that is when filing for Federal Disability Retirement benefits through OPM becomes a necessary function of one’s future goals and plans.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Wishes We Wish

People wish all the time.  Whether implicitly through fantasy or daydreaming, or explicitly by prefacing the thought with, “I wish that…” — the wishes we wish are often more revealing than the act of wishing itself.

Are humans the only species which projects upon things not possessed?  Do other species wish for things, circumstances, events and relationships that are not?  Does it border upon insanity to wish for things that are clearly outside of the realm of probabilities, or is it a healthy engagement of one’s time to daydream, wish, imagine and hope for?

Is there a distinction with a difference between a wish and a hope, a fantasy and a wandering daydream, or between a concocted reality and the miserable circumstances within which one exists?  If the difference is between containing one’s wishes within the privacy of one’s mind — on the one hand — and “acting as if” the wish itself is reality, on the other, then the boundary between sanity and its opposite is thin indeed.

Here’s something that tells us much about ourselves: Do we wish for things for ourselves, or for others?  Do we wish for extravagances — like a yacht, a vacation or a revitalization of a lost relationship — or something more mundane, like good health?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, the wishes we wish may be common, understandable and mundane — of getting one’s health back.  And while Federal Disability Retirement may not result in better health, it allows for a Federal or Postal employee to extricate one’s self from a workplace situation that only increases the stresses upon one’s health because of the constant worry about being unable to perform the work assigned, and to instead focus upon one’s health and well-being.

In the end, the wishes we wish need to conform to the reality we find ourselves in, and for Federal employees and U.S. Postal workers who need to file for Federal Employee Disability Retirement, you should contact a Federal Disability Lawyer who specializes in FERS Disability Retirement Law and allow for some wishes to turn into a reality.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Human Nature

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs.  For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle. Dangerous Animals” or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature.  What is it?  We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them.  We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake.  Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list.  But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

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 issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise.  As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire