FERS Disability Retirement: Beyond the weekend respite

It is always something to look forward to: Whether the regular rhythm of the 2-day, the “extra” delight of the 3-day, and the deliciously unexpected 4-day weekend when the time of rest is doubled and by the end of it, you’d almost forgotten about the frenzy of your day-to-day work schedule.

Do we “make up” for sleep?  Those so-called experts who claim that loss of sleep, once lost, can never be redeemed, clearly don’t know what they’re talking about.  A couple of naps; an extra hour of dozing; of coming to a profound realization that the sun can actually rise while a person is still asleep, and that consciousness need not precede the earthly rotation that allows for a peek of dawn — these are all revelations that can come on the weekend.  But then there is Monday; or the day after the 3-day weekend; and the day after that.

Years ago, in the idealism of one’s youth, one resolved never to live like this: As each day is a gift from God, one should not lack the relish of living during the week any more than on the weekends.  Yet, that is the cycle that most of us accept — of a bifurcation of leisure/work, enjoyment/dread.  And, in the end, there is nothing wrong with such a distinction; except when there is a despised exaggeration between the two.

The weekend is meant to be the respite away; but when the respite engenders a greater fear and dread of the following Monday, where restorative sleep cannot be attained no matter how much slumber is embraced, and when pain and recovery can never attain a level of coherent balance, then it is time to reconsider: Is this how life is meant to be lived?

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 — and, just as importantly and concurrently, where beyond the weekend respite there never seems to be an end to the race for recovery — it is time to consider filing for OPM Disability Retirement benefits under FERS.

When leisure is merely a time of suspension in the dreaded Mondays of work’s cycle; and where the treadmill of life’s spectrum between work and time-off is so out of balance that one cannot distinguish between the waking moment and sleep, or work and play because the medical condition is all-consuming; then, it is time to consult with an attorney who can guide you through the complex process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.


Robert R. McGill, Esquire


OPM Disability Retirement for Federal Employees: Recognizing Problems

Why are some better at preemptively addressing recognizable foreshadowing?  Is it a genetic predisposition related to the capacity of surviving?  Like the instinctive responses of animals, is it an inherent trait that favors those who are more “fit” with such a characteristic, and thus to the disadvantage of those who do not possess it, where recognition and preemptive engagement allows for survival and thus the genetic pool favoring by dominance of avoiding the mortality trap?  Have we replaced such instinctive abilities by relegating most problems to linguistic identification and capacity to solve?

For, in the human world where language prevails and electronic communication is now the preeminent engagement of consciousness, the “problems” to recognize are no longer the danger of an approaching predator nor the oncoming storm out in the middle of the ocean (although, a burning house or a hurricane imminent if you live on the coast are still real dangers), but for the most part, language games that need modification, curtailment or adjustment in order to correct the inconvenience of social constructs that have gone amok or astray.

Yes, the furnace may break down, the water heater may have sprung a leak, or the roof shingles may need replacing; but even those, the resolution is rarely one that is initiated by us; rather, it is to utilize the mode of communication and either by phone, email or text messaging, we make an appointment for someone else to fix the problem.  Recognition of the concern was still contained within the world of language, and the physical work attended to is relegated and delegated to some strange entity in another universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal Worker to take the next step by preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset – the process begins with a “real” problem:  the medical condition itself, which will not go away no matter the treatment modalities or the constant attempt to work one’s way through the chronic and progressively deteriorating situation.

Then, from the reality of the problem itself, the jump to recognizing the further concern must inevitably manifest itself – that of the incompatibility and incommensurate nature of the medical condition and being able to do all of the essential elements of one’s positional duties.

Thus, recognizing the problem is the first step in resolving the issues; however, resolution may sometimes need some expertise and advice beyond what the Federal or Postal employee can foresee in the foreshadowing of approaching dark clouds.  For, not all problems are equal, and certainly not all solutions, and while recognizing problems may resolve some of the concerns, the greater issue is whether the Federal or Postal employee will have all of the information available “out there” in the netherworld of an administrative and bureaucratic morass as that of the U.S. Office of Personnel Management, such that the problems one cannot recognize may be the one that defeats the solution never known.


Robert R. McGill, Esquire


FERS & CSRS Disability Retirement: Answering Questions

How do we come to learn how to do it?  Certainly, we come across certain eccentric individuals who defy every conventional norm, and somehow manage to appear as if they have done what otherwise we recognize as not having been completed.

Have you ever come across someone who just isn’t “quite right” – such that, when you ask a question, the tangents that flood forth and the meandering thought processes make it an arbitrary conclusion as to whether it was the specific question asked that prompted the incommensurate response, or just the mere fact of a tonal posit of a question-like query that compelled a verbal reaction, even if it has nothing to do with the substance of the question itself?

How do children learn how to answer questions?  Is it natural; is there a systematized process of acceptability; is it taught in any course with a heading like, “Elementary Basics 101: How to answer a question”; and do we presume that acceptable and normative constraints are just learned effortlessly?  Certainly, the classical educational approach of dialectical methodologies – of a question posited; raised hands, chosen orders and an answer provided; then the reinforced positive feedback by the teacher in either affirming or rejecting the response – is an approach that somewhat answers the mystery.

But what of that “weird” kid?  The one where the teacher asks:  “Is the earth round or flat?”  The kid answers:  “That is an oversimplification, as the geometrical constructs require a perspective that betrays ignorance of quantum physics, where flatness is a relative concept to roundness, and vice versa.”  Now, one may smile and wonder whether, perhaps such a child prodigy reveals an intelligence quotient beyond his age or class assignment, but all the rest of the kids would just roll their eyes about as the class bullies await for recess hour in order to beat that kid to a pulp.

But was the question answered, and to that end, satisfactorily?  Or, what if another kid, perhaps half-daydreaming, suddenly blurts, “It’s blue!  It’s blue!”  Did that kid answer it any less adequately than the first?  How do we learn to answer questions?

What if the questions are essentially legalese and incomprehensible, or of a “tricky” nature and makes one pause before moving forward?  Do questions posed, for instance, by law enforcement officials evoke greater caution (as in, “To the best of my recollection…”), and if so, why?  Is it because the stakes may be higher and the suspicion of the double entendre is always there?  Which brings us to the problem of Federal Disability Retirement applications, and specifically SF 3112A – Applicant’s Statement of Disability.

The questions posed on the Standard Form 3112A seem simple enough; but simplicity does not necessarily mean straightforward, and indeed, when a Federal or Postal employee is completing SF 3112A, it is best to go back to fundamentals and ask yourself, How did I learn to answer questions, and are these questions the type that may need additional help, because – though they may seem simple enough and not quite in legalese – there is some trickiness in the very simplicity of the query.

And it is the rule to remember, that the simplest questions require the greatest pause, where suspicion will warrant a more extensive pondering of reflective repose.


Robert R. McGill, Esquire