OPM Disability Retirement Law: Of the Bad Today

One often pauses in today’s climate and asks, Is it worse, today?  Is the “badness” more prevalent today than in epochs past?

Then, the pause and the question itself must be contextually “filled in”, like the gravedigger who digs a rectangular hole but stops and asks the absurd question, “What if there is no body today?”  Then, of course, you are digging a hole just to dig a hole, and the entire context and purpose suddenly disappears.  So, what is the context?  Well, for starters, Worse in what way?  And worse, for whom?

Certainly, if you were in prison at Auschwitz in 1944, there is no comparison worth making.  Or, if you were a Native American forced from your ancestral home to march the Trail of Tears, or an American soldier on the Bataan Death March in 1942 — surely, the “badness” perpetrated upon those people (answering the 2 questions, For Whom? and, Worse in What Way?) cannot compare to today?

And, in retrospect, it may be that America reached its pinnacle as a world power sometime during the 2 decades after WWII; for, surely there was no greater world dominance than the American specter following the Allied Victory against both Japan and Germany?

But even then — of the 1950s and early 1960s, the question still looms, For Whom?  Many African Americans who fought bravely in WWII thought that, having faithfully served their country against the forces of fascism and Germany’s genocidal racism against the Jewish population, surely — this time — things were going to change “back home”?

But no, they found that the post-war economic boom was not all inclusive, and that they would have to fight not only Nazi Germany and Imperial Japan, but within the borders of their own country, just to reach some status of equality.  And so we turn full circle and ask, Of the Bad Today, was it ever this bad?  Well, it depends….

For Federal employees and U.S. Postal Service workers who suffer from a medical condition where that medical condition no longer allows you to to continue in your Federal or Postal career, the Bad of Today has been your chronic and debilitating medical condition, and yes, it is worse than the Bad of Yesterday — if only because you are no longer the young and healthy whippersnapper you once were.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and let not the Bad Today extend into the badder of tomorrow.

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 Benefits: Decision, Movement, Consent

Ricoeur, a French Phenomenologist, discusses the three distinguishing acts of the will — each a distinct aspect of the human experience. “Decisions” are pre-movements; they remain insular and private to the persons making the decision, until it is followed with “movement” — a state of being where the decision prompts the act of an insular will to reveal itself with tangible results in the objective, phenomenal realm.

Consent, as the third type of the will’s action, is much more of a passive and restraining act; it is tantamount to an “accepting” of something — for, it can remain within the privacy of one who consents, yet is dependent upon the action of another in the objective realm of experience.

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 all of the essential elements of his or her positional duties with the Federal Agency or the Postal Facility — all three acts of the will take place in moving forward with a Federal Disability Retirement claim.

The Federal or Postal employee must consent to all sorts of things — to “accept” the change which the medical condition has brought about; to “decide” to act by contacting an attorney who specializes in Federal Disability Retirement; and to engage in movement — to actually start the process of preparing, formulating and filing a Federal Disability Retirement application.

Remember that, even a broken clock can be right twice in a 24-hour period, and so it is with French philosophers — they can be right every now and again.

Contact a lawyer who specializes in Federal Disability Retirement, and begin the process of deciding, moving and consenting to an effective Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management.

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: SF 3112A, Applicant’s Statement of Disability

Preparing an effective SF 3112A, Applicant’s Statement of Disability, is a daunting task.  The questions are tricky, the space within which to answer them is restrictive, and one wonders whether too much information is better than too little, and furthermore, how does one determine the extent of detail necessary, etc.  What to exclude in an OPM Disability Retirement application is often just as important as its opposite: What to include.

While most mistakes are correctible, the one mistake which cannot be amended, modified or restructured, is to put blinders on the U.S. Office of Personnel Management once they have seen something.  Thus, it is important to be able to objectively make determinations on importance, significance, relevance and necessary material.  Importance: That which is essential in proving one’s case.  Significance: If it is important, it is normally significant; if it is significant, it may not necessarily be important.  Relevance: The superfluous should be excluded.  And necessary: That which meets the legal criteria.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law — for, that may be the first step in the proper preparation of an SF 3112A Applicant’s Statement of Disability.

Sincerely,

Robert R. McGill, Esquire

 

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

 

Federal Employee Disability Retirement: Finishing a Novel

There is a great sense of accomplishment in finishing a novel, just as there is in completing any task or endeavor begun and ended.  Reading is a peculiar and unique endeavor: Of being able to become transported into a fantasy world created for no other reason than to become lost.  You can travel to other countries, become a part of a stranger’s life, or enter into a universe where time matters not, space is of little value and worlds can be quite different from the one you are familiar with.

Reality can jolt you out of the imagination of your mind created by the mere reading of a couple of pages, and then after the chore is done, you can pick right back where you left off, by picking back up the novel left — and upon rereading that sentence you had left behind, get right back into the world of the author’s tale.

Compared to the actual cost of a plane ticket, hotel and expenses, reading a novel which takes place in a country of your choice is relatively inexpensive.  The novels we read tell much about the person we are, just like the novels we create reflect the lives we live.  And just as in fictional storytelling, there is much in real life that we cannot control — one’s health being one of those circumstances over which we have little, if any at all.

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 may be time to finish that “novel” which tells of a story of struggle and despair, and to begin a new one beyond a career with the Federal workforce.

Consult with an attorney who specializes in Federal Disability Retirement Law, and write the ending to your own novel — one that finishes with a theme different from the harassment at the hands of an agency or Postal unit that cares not for happy endings.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Coherent Story

What makes it so, and when it isn’t, can anything make up for its lack in order to bring it around?

The historical myth of the early days of moviemaking is that the audience needed to be shown certain fundamental scenes in order to prevent any confusion and loss of interest — i.e., to start a scene with a character entering or exiting a doorway in order to “set the scene” of coherence, etc.  Otherwise, people were caught wondering how a character arrived at a certain place to begin with, and became distracted from engaging in the fantasyland of a fictional world in watching a movie.

Whether or not this is true — and there are some who doubt this, given that novels and short stories have always allowed for scenes, conversations and topics to jump from place to place without “reinventing the proverbial wheel” — nevertheless, every story hinges upon parts which make up a coherent whole.

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 coherent story must be formulated, narrated and conveyed in a manner which is both true, valid and persuasive.  Moreover, it must “fit into” the rules, regulations and statutory authorities which govern Federal Disability Retirement eligibility criteria.  How to tell “one’s story” on SF 3112A, the Applicant’s Statement of Disability, is critical in formulating a successful strategy in the proper preparation and submission of a Federal Disability Retirement application.

Consult with an Attorney who specializes in Federal Disability Retirement Law in order to begin to tell your “coherent story” — the one that will captivate the “audience” at the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: The Inconsequential

In the annals of history, most of us remain as the inconsequential.  Not even a footnote, nor even a passing reference, we are lumped into generations of third-person subjects unnamed and faceless.  We might read, for instance, that during the “Sixties” or “Seventies” (or beyond), this group of people or that community of individuals did X or participated in Y, and we might say to ourselves, “Oh, that is a reference to my generation”.  Yet, as an individual, it is rare to be identified by name.

History always fails to recognize the inconsequential; except, perhaps, by memory of relatives and faded photographs barely remembered in gatherings where old folks once chattered about this or that person whose absence emphasizes the starkness of the inconsequential.

Is that what many of us fear?  Not just about being ignored; and perhaps not even of leaving this world without a mark of recollection; but of being one of the inconsequential within a mass populace of unknown graves, unmarked but for those faded memories of vestiges in whispered conversations once echoing down the forgotten chambers of time.

And of that place where we toiled for a decade or more — where so much time was spent, so much effort and expenditure of labor: The workplace.  Once we are gone, will we even be remembered?  Will a fellow worker say, years hence, “Oh, remember that guy who…?”

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 fear of becoming one of the “inconsequential” is often what makes the Federal or Postal worker pause before considering filing for Federal Disability Retirement benefits.

But just remember this: There is life after work, and whatever “consequential” work you believe you contributed to the Federal Agency or the Postal Service, there is nothing that cannot be replaced, and the greater consequence of failing to attend to one’s health is what makes for the inconsequential to loom larger with greater consequences down the road.

Sincerely,

Robert R. McGill, Esquire