Tag Archives: standard form series 3112

Federal Worker Disability Retirement: The Oblivious Life

We see them every so often: They are either angels or fools, or foolish angels, or maybe even angelic fools.  Unaware of the complexities of life which beset the rest of us, they blunder through everything, oblivious of the dangers lurking or the consequences attached.  Maybe they never “learn” or “grow up”, and somehow we keep protecting them from the harms surrounding, as best we can, in order to preserve their innocence, or foolhardy ignorance.

For the rest of us, however, to live the oblivious life is to invite disaster and watch as evil men and women take advantage of the weaknesses of others.

One aspect of life which reaches across every spectrum, whether one of oblivious aplomb or deliberate intent, is a medical condition which becomes chronic and debilitating.  When one begins to suffer from such a medical condition, the oblivious life can no longer be — for, the medical condition itself must by necessity awaken the person and make him or her understand the cruelty of our vulnerabilities.

For Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits under FERS because of an ongoing and relentless, unforgiving medical condition, the oblivious life can no longer continue — for, you are now contending not only with your medical condition, but with the hindrance of your agency, the bureaucratic morass of the U.S. Office of Personnel Management, and a host of issues which must be overcome in order to prepare, formulate and file an effective Federal Disability Retirement application to secure your future.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law and begin the process of avoiding the dire consequences awaiting the oblivious life.

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: Weight of evidence

When you walk into a room full of people, how does one differentiate, define, separate and discern?  Remember that once-popular fictional work entitled, Tarzan of the Apes by (originally) Edgar Rice Burroughs?

There is a scene (whether from one of the various versions depicted on screen) where young Tarzan is surrounded by a crowd of “civilized” individuals staring, prodding, looking on with curiosity — and the young man who had been brought up in the wild lacks the capacity to compartmentalized the sudden bombardment of overstimulation, and runs amok amidst the finery of a social setting.

How is it that we learn to differentiate and categorize from among the massive aggregate of stimuli directed at us?  Do we, as Kant posits, impose mental categories upon the chaos of the world?  How do we learn to determine the “weight” of importance, significance or even of relevance upon the various activities that surround, impart and become directed at ourselves or around and about our purview?

And in the legal context, how do we know what weight of evidence should be submitted, and how to organize it into a priority of relevance?

You know the old joke — or is it merely a “trick”? — Of telling a person to “listen carefully,” and misleading the listener into thinking that the question you will be asking concerns the number of people left, when in fact you are deliberately misguiding them, saying: “Now 5 people entered the elevator and it went up 2 floors, then 3 people got off and 5 more got on, then the elevator went up again 2 more floors, where 1 person got on and…”.  At the end of the “story”, the question posed is not, “How many people are left?”, but instead, “What floor are you on”?

The evidence for both are there; it is the weight upon the relevant information that was missed.

Or, of that eccentric oddball who watches an action-packed movie or episode, and at the end of it, while everyone is commenting about this or that favorite scene of explosions, mayhem and bad-guy-got-his-due scene, the odd-man-out says, “Yes, I thought that the person who wore the yellow tie should have retied it, because it was a bit crooked.”

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 Federal or Postal job, it is important to recognize the weight of evidence, the relevance of the information submitted to the U.S. Office of Personnel Management, and the significance of guiding OPM into viewing the evidence with a roadmap of persuasion.

Legal memorandums that delineate the evidence compiled, argue the law that is persuasive, and preemptively organizes the basic components in answering “why” a client is eligible — nay, entitled — to Federal Disability Retirement benefits, is important in light of the variety of evidence being submitted, not only by the applicant, but also by the Agency or the Postal Facility (which is not always favorable).

Is the Federal Disability Lawyer you have consulted or are about to consult, doing this?

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The difficult good-bye

It is always difficult to say good-bye.  Whether of a long duration, or with a quick ending to an already fast-deteriorating relationship, the good-bye that brings sorrow, tears and a sense of unease is the one that once was never thought of.

Separating from loved ones; the end of a stay that may have begun with trepidation, hesitation or even loathing, but which turned out to be an embracing of past memories forgotten, revitalizing conversations and enlivening moments of collective reflections; or even of a chance encounter with someone, or with the lengthy last moments with a bedridden relative who wants the warmth of human contact nearby before departing into the netherworld through gates of wandering souls.

Whatever the circumstances, the good-byes we fear, the ones we think will be a relief, and even those that turned out to end merely with a half-hearted wave of the hand — it is the difficult good-bye that echoes within the hollow of one’s mind, squeezing between schedules full and memories touching upon a conscience that will not abide.

Careers have good-byes, as well, and not just between people; for it is the career that defines so much of who we are.  It is never just the “what do you do for a living” part of it, but the title that comes with it, the identity that is attached to it, the camaraderie that accompanies it and the past memories that haunt one; these are the cementing tributaries that form one’s personhood.

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, whether under FERS, CSRS or CSRS Offset, the difficult good-bye is the one that separates the Federal or Postal employee from the Federal Agency or the Postal Facility — not necessarily because of the circumstances compelled by the medical conditions themselves (although that is admittedly difficult enough), but often because the job itself was and has been an integral part of one’s life, livelihood and identity, and because any change in one’s routine is hard enough.

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is essentially saying good-bye to a good chunk of one’s daily routine of life and living — of spending about 50% or more of one’s life (including preparing for the day, commuting, doing work-related emails and similar activities, etc.) — and thus will be, even under the best of circumstances, a difficult separation and departing.

But always remember that the difficult good-bye is the one that retains an abiding meaningfulness within the souls of worthwhile characters, which then forms the seeds of hope for a future yet untold, as opposed to the half-hearted wave of the hand that dismisses so casually that we remember not even which hand with which we waved good-bye.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Different gradations of form and tint

The former often refers to architectural structures; the latter, to the exterior or interior paint, color and hue; and, together, they present to the observing eye the sensible objects that we experience through sight, smell and at least as to the former, tactile encounters.

Words are funny things; we not only create and apply them, but concurrently establish rules for utility and usage such that restrictions apply, expansiveness beyond certain boundaries become prohibited, and modifications for allowances in the placement of a particular sentence are constrained.  Can concepts concerning different gradations of form and tint be applied to human lives?  Yes, but we allow for such deviancy by imputing analogy, metaphor or simile, and the distinction is created through the parallel thought processes which are invoked by such literary devices.

Narratives have that sense of gradations, both of form and of tint, but in somewhat of a different sense.  “Form” in that context goes to the structure of sentences and how the story is molded for presentation to the listener, while the “tint” is more likened to the “feel” and aura manifested by the speaker, whether first person, third person; is the narrator omniscient or limited in knowledge and scope?

Structures are inanimate obstructions presented by three dimensional appearances manifesting color and hue; human beings, by contrast, are complex structures who present more than mere unmoving or unmovable obstructions, but instead embody form otherwise characterized as essence, tint often revealed as complicated personalities, and a psyche shrouded in mystery.

Thus, for Federal and Postal employees considering filing a Federal Disability Retirement application, that narrative written in response to the questions on Standard Form 3112A, Applicant’s Statement of Disability, should always consider what gradations of form and tint should be presented.

How much of the complexity of a human being should be infused, beyond the “inanimate” manifestation of cold medical facts and circumstances likened to the different gradations of form and tint?  Or, should there be a flood of emotionalism that reveals the “feel” and impact of a medical condition?

Human narratives are indeed complex, and can never be pigeonholed into predetermined categorizations without some aspect of a person’s subjective experience.  Ultimately, however, no narrative can be completely “cold”, like the inanimate structure based purely upon architectural integrity of form and tint, but must by necessity encompass the complexity of the human psyche.

Take care, however, that the narrative presentation does not border upon the maudlin, but instead presents a balanced admixture of facts, circumstances, legal precedents, symptoms of medical pain or psychiatric deterioration, with a clear pathway on a bridge to the positional elements of a Federal or Postal position.  For, in the end, it is an “effective” Federal Disability Retirement application that should be submitted to the U.S. Office of Personnel Management, and one which reflects well the different gradations of form and tint.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The centrality of fringe

In whatever definition one wants to adopt, the meaning is clear:  It is that which is on the outer periphery, and not central to the essence recognized.  But what if the reversal occurs?  Can that even be imagined?  Can the fringe constitute a substantive centrality, and yet retain the stability of its essence?  And, once the mirror conversion occurs, does the identification remain as it was, or do we accept the fringe elements as the convention, and the formerly known staid components as outside the normative foundations of an acceptable core?   Can that which was once considered unacceptable, metamorphose over a sufficiently quantitative linear heritage to the extent that the bizarre can become the best and brightest?

In Darwinian evolutionary hypotheses, the concept of a sudden mutation occurring as a result of environmental pressures forcing an alteration for the benefit of the organism’s survival, is often rejected because, as a general rule, nature does not favor large-scale transformations, unless there is a concurrent catastrophic need arising with little time for adaptation.  Yes, in cultural transformations, where artifice of choosing may occur by the quiet assent of a silent majority, the fringe elements may dominate by sheer vocal exuberance in drowning out any meek protest by will of volume.

Most people want quiet lives uninterrupted by forced decay of choosing; the sheep follow in drones of silent consent, if only because each can see only the limited perspective of the backside inches before, and stoppage of movement would mean being accosted in the rear by another follower of mindless assent, where discomfort is the greater evil in comparison to refusing to take another step.

At what point does an insignificant minority take upon an appearance of greater dominance, where the cacophony of shrill voices exceeds the disproportionate echo of seamless quietude, and we simply give in because the comfort zone of silence is shattered by the discomfort of resistance?  Those threads which flow freely – the ones which give an added “touch” to a piece of clothing, the Persian rug or the shawl which warms; what distinguishes that from a frayed mind, a singed material where residue of ashen leftovers appear as dangling limbs from a cauldron of confusion?

At some point, each of us becomes mere fringe elements, despite our best attempts at remaining relevant.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has cast the Federal or Postal employee into that pot of “otherness” because of an inability to perform one or more of the essential elements of the Federal or Postal job – it is time to do something about having been re-categorized as a “fringe” element.  Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee is under FERS, CSRS or CSRS Offset, may be the only way in which to cross back over into the essence of what it means to be central to the essence of life’s hope, and not allow others to castigate us into being the centrality of fringe, when that is not where you belong in the first place.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The fading sheen of respect

It happens over time; and, perhaps, in marriages where discovery of once-cute characteristics become irritants, when tics of unique personalities transform into obstacles, and the surface beauty of looks gradually morph into the reality of superficiality of egocentric psychosis.  But, then, a career is like a marriage, but lacking the intimacy of misguided warmth.

Disdain – does it develop instantaneously?  Does the remark of condescension and arrogance, cutting into the soul by drips and drabs, meter the suspicion that something is amiss, that someone has been whispering untold gossips of tidbits and tadpoles still swimming but lacking the croak of the frog disguised, and never to be kissed or metamorphosed into a princess of fantasy and fairytales?

When and how does loss of respect occur?  Is it in incremental clutches of shifting sand dunes, like the mirage which appears and when we reach it with thirst and desire, disappearing without but a trace of salivating want?  The scornful expression of familiarity; is there anymore a depth of intimacy the closer we become with one another, or does the essence of human depravity prevent such soul mates to bond?

Have we become cynical, to the extent that we no longer recognize the essence of human goodness, and instead – as the Darwinian paradigm of pure materialism has pervaded every crevice of our thoughts and beliefs – we have all accepted the maxim that life is but an insignificant blip on a linear scale of colossal vacuity, where the speck of life is but a mere comma in the breath of the vast universe, and how man is not just below the angels, but nothing more than mere fodder for predators to devour?

Does relevance, significance, and purpose of living – that composite and aggregation of teleological meaning – no longer apply in a world where essence is defined by material possessions and the quantitative quality of crassness of existence?

It is often asserted that respect is earned, not by mere ascription or claim to status, but by merit of behavior and ascension to knowledge; but in this day of modernity when all opinions are of equivalent moral value, and those with megaphones can drown out the quietude of truth and logical validity, the sheen of respect for all has been diminished by the mere devaluation of the essence of human worth.

A sheen upon an object is cared for and vigorously attended to; the fading of it means that the owner or caretaker has allowed it to slowly, incrementally and progressively deteriorate; and these things always lose their brilliance over time.  Not in a day, a month, or even over the course of a year, but by subtle carelessness of constant neglect.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has impacted upon the ability and capacity to shine forth like those days of yore when energy was unmitigated, future hope was always a reminder, and where the brilliance of each hour was still to come, the fading sheen of respect shown both by the agency one works for and the coworkers’ company one cherishes, may be on the downturn.

If so, that Federal or Postal employee may want to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, if only because such loss of respect is reflective not merely upon the personhood of you, but upon the essence of human degradation.

In many ways, “moving on” to the next chapter of life beyond being a Federal or Postal employee is a step towards maintaining and guarding the residue still remaining of that respect which once was, but now fades in the sheen of devalued and obscured images of a person who once was, still is, but is seen as merely an object of derision, and not that worthy employee who forms the essence of a past now forgotten.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of the Charmed, Charted or Chartered Life

Of the troika of possibilities presented, the first is rarely available or even an option, if by a “charmed life” is defined as one where wealth is never a restrictive element, potentiality is ever compensated by unlimited resource, and freedom to choose — whether an unproductive, leisurely lifestyle or one which mixes pleasure with some semblance of “doing something” — is but a whim of desire and utterance of a command.  Few of us have this option.

As for the second — of a charted life, where cultural conventions, societal norms and limited possibilities structurally imposed by birth, circumstance and family lineage — this characterization is fast receding into the dustbins of antiquity.  For, we no longer believe that one should be constrained by outside forces — whether of teleological originations or based upon genetic dispositions.  The “charted” life — where an omnipotent external derivation or an internal, evolutionary mandate, matters not; it is, instead, the belief that the stars guide our destiny, and the hubris of Shakespeare’s characters cannot be altered by the sheer willpower of an internal desire.

Then, of the triumvirate, we are left with the third and last — of the “chartered” life, where we recognize the finite character of our existence, borrowed from a slice of timeless history, having to live the consequences of actions preceding our use of the vehicle, and appropriately adjusting the capacity to move forward based upon the present condition of our circumstances.

Do we drive the conveyor ourself, or allow for the owner to send a captain of a ship for which we have paid?  That often depends upon whether we can be trusted with the talents we are born with, the resources we inherit, and the burdens of responsibilities which we voluntarily embrace.

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 Federal or Postal positional duties, the question is often likened to the options presented before the last of the triplicate:  At what point do we take charge of the chartered life, and begin to steer and maneuver beyond the pitfalls of life’s misgivings which have been presented?

Filing for Federal OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is part of the responsibility of the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s Federal or Postal position; and when the U.S. Office of Personnel Management denies a Federal Disability Retirement application, it is up to the chartered life to have charted the course of destiny towards a life more charmed.

Sincerely,

Robert R. McGill, Esquire