FERS Disability Retirement for Civilian Federal Employees: The Narrative to Tell

In the expansive version of a narrative, we might include extraneous or even irrelevant information in telling a story.  Until quite recently, most movies and television shows avoided scenes of people brushing their teeth, using a urinal, or otherwise utilizing the bathroom facilities (unless, of course, you include that scene in the Hitchcock movie, Psycho, of the woman in the shower).

Our genteel sensibilities implicated an assumption of deliberation exclusion, that viewers were wise enough to know that the narrative involved such scenes; we just didn’t need to actually be “entertained” by such irrelevancies.  Thus, in every narrative, there is a necessity to edit, exclude, excise and narrow; otherwise, we would be left with a lengthy compendium of infinite facts and factoids.

For Federal employees and U.S. Postal workers who suffer from a medical condition which necessitates a filing of a Federal Disability Retirement application, the narrative to tell is required by SF 3112A, Applicant’s Statement of Disability.  Streamlining; narrowing the scope; focusing upon a specific issue; these and much more are important aspects in preparing, formulating and filing an effective Federal Disability Retirement application.

Consult with a Federal Disability Lawyer who specializes in OPM Disability Retirement Law and begin the process of writing the narrative to tell.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Concurrent Issues

Rarely is there a single issue, whether in life generally or within the esoteric arena of legal battles.  There are sub-issues; corollary issues; issues that appear to be minor footnotes that may later present greater problems deserving wider attention; issues that seem to pervade but of which no one ever directly confronts.  The proverbial “elephant in the room” phenomena is the issue that people avoid and try to ignore.  Such issues can be averted and circumvented for a time, but they often come back to haunt and interfere.

We all selectively choose the universe we want to operate in; the problem comes about whenever we interact and interface with others (which is almost all of the time), and the “other person’s” chosen universe clashes and contradicts the one in which you want to reside.  Conflicts of interest in business settings or financial transactions; differing dreams, hopes and plans for the future when two or more people get together; contradictory expectations and incompatible roles which cannot be accommodated; these, and many more, involve concurrent issues that cannot be easily smoothed or resolved.

In Federal Disability Retirement Law, there are often parallel legal issues that the Federal Disability Retirement applicant brings to the fore — of workplace harassment issues; Performance Improvement Plans; Suspensions and Terminations; do these and other concurrent issues have an impact upon a FERS Disability Retirement application?  It all depends.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and discuss the concurrent issues that might — or might not — intersect and interfere with a Federal Disability Retirement application.  It is best to go into the bureaucratic morass with open eyes and a good sense of one’s chances at obtaining a FERS Disability Retirement annuity, lest the elephant in the room suddenly rampages through the kitchen where the good china is kept.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Accommodations

In everyday, common and familiar usage, what does the word “accommodations” mean?  It is to go out of one’s way in order to meet the needs of someone else.  It is to try and allow for another person to fit in, to find comfort or to be allowed to remain even though some extra effort may have to be expended.

In legal terms, especially in Federal Disability Retirement Law under FERS, the term “accommodations” has a similar meaning and import.  It is that “something” which the Federal Agency or the Postal unit must do such that a person who suffers from a medical condition or disability can continue to perform all of the essential elements of one’s Federal or Postal job.  It may well be that the Federal Agency or Postal Service is unable to accommodate the medical condition and, try as they might, a determination and conclusion is made that no such accommodations exist, or can be allowed for, because of the nature, extent and severity of the medical condition itself.

The “accommodation” question is one of the hurdles that must be overcome in a Federal Disability Retirement application.

It is a complexity in Federal Disability Retirement Law that poses many problems and greater questions.  Is the accommodation permanent or temporary?  Will it allow for the Federal or Postal worker to perform the essential elements of his or her position?  Can a future supervisor “take back” the modification allowed for, or does it become a permanent feature of the position description?

These and many other questions surround the issue of agency efforts for reassignment and accommodations, and in order to obtain clarification and move forward in a Federal Disability Retirement application, consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: Next Steps

It is the previous step that determines the following one, and the one before that which closes the alternatives for multiple other pathways; in the end, sequence matters, protocol can make a difference, and how one takes the steps, in what direction, by what methodology — these are all important considerations to contemplate.  What the endeavor is; by what means one is attempting to achieve the end-result; and the manner in which the goal is reached; the attempt the take a short-cut will often result in only a short-lived gain, but often with long-term consequences that, upon reflection, made the short-cut pay a price greater than the worth of the gain.

Next steps are important; each step, whether previously taken or subsequently considered, are also obviously of significance, but one could argue that those already taken cannot be reversed or, if reversed or retraced, may complicate matters more, whereas the “next step” yet to be taken may impact all previous ones already established and thus must be considered in light of the consequences likely to ensue.

Whatever has already occurred in the past cannot be undone or, if it can, must be retracted with care such that any retrospective refashioning of previous actions taken will do no greater harm than that which has already been consummated.  It is always the “next steps” that are the crucial ones, for they will determine not only the efficacy of all previous ones, but further, will either validate or undermine all previous ones heretofore taken.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the next steps you take may be the critical ones that determine the success or failure of the entire complex, administrative and bureaucratic process you are attempting to undertake.

What statements are made as reflected on SF 3112A, the Applicant’s Statement of Disability; the sufficiency of the medical reports and records gathered, to be submitted as Attachments to your Federal Disability Retirement application; whether you answer and address the issues concerning accommodations in the workplace sufficiently or in what manner; whether you have an adequate understanding and comprehension of your rights with regard to Federal Disability Retirement Law; these and many other “next steps” may well determine the future course of actions previously taken, ignored or otherwise not initiated.

Perhaps the “next step” should be to consult with an attorney who is knowledgeable about Federal Disability Retirement Law, lest the “next step” be the one that leads to an unforeseen stumble, where that next step leads to a misstep or the following next step after that cannot occur.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The unknown world

It is that part of the universe that is often seen as the “far side of the moon”, where shadows befall and eyes never perceive, witnesses never survive and documents don’t exist.  Mount Everest was once that world; galaxies outside of our own, despite our best efforts to invent and create greater and stronger telescopes, or ones that float in the nothingness of outer space and send back digital images that are obscure and indistinguishable from inkblots accidently spilled upon a sheet of white paper, but somehow scientists can discern great discoveries by pointing to colors, hue, magnified analogs and complex algorithms that leave the rest of us scratching our heads and declaring, “You got all of that from this picture?”

There was life once on Mars and Jupiter since contained icicles that entrapped microbes billions of years ago, and just through a photograph of a fuzzy specter that the rest of us would have interpreted as Bugs Bunny leaning against a fencepost eating a carrot stick.  But of unknown worlds and the far side of the moon where shadows rest upon and hide the human toil of secrets and conspiracies, the truly mysterious one is the subjective mind of the person sitting next to you.  Yes, yes, it may not appear that way – perhaps each time you ask a question of that individual, he or she merely grunts and states in the same monotone of boredom and unexcitable drone, “Yep. What of it?”

And so when PBS or the National Geographic Society has some show about the complexity of the human brain, the neurons and the micro-conceptual foundations that make up the universe of human circuitry, dreams, images, thought-processes, Freudian and other “-ians” that delve into the human mind of the conscious, subconscious and unconscious and all spectrums in between, you turn, look at that same person and say, “Not.”  Or, that person one day does something completely out of the ordinary and during his lunch break takes out a book – say, Kant’s classic on the foundations of metaphysics, or some such esoteric material, and proceeds to mumble to himself, and you say, “Gee, didn’t know he was into that.”  But then you again try and engage him with, “So, what are you reading?”  And the familiar refrain comes back: “Yep. What of it?”  Beyond disappointments and non-engagements with universes parallel, mysterious and already predicted, there is still that “subjective” universe where pain remains, medical conditions are hidden and plans for the future are yet to be expressed.

That is the netherworld of the Federal or Postal employee who must contemplate preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It is also the world of “cat-and-mouse” – of when to tell the Federal agency or Postal service of your intentions; how much to tell; when to submit the Disability Retirement packet so that it obtains the greatest advantage against the Federal agency or Postal Service; and all of the complexities in between.

Yes, there are still “unknown worlds” and universes; you just became too much a part of it to recognize the wonder of it all, because the guy next to you keeps burping and saying, “Yep. What of it?”

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: When coincidence ignores sensitivity

What if a ‘special day‘ falls upon an unfortunate date? What if one’s birthday, for example, happens to be on 9/11, or on Christmas eve, Valentine’s day, etc?  Or, for those who strictly proscribe the Sabbath Day, what happens if one’s birthday happens to fall coincidentally upon the concurrent segment of solemnity?  Does one set aside the significance of the unfortunate date, and celebrate that special day as if the former is an irrelevancy, trumped by the latter?

Is that what others tend to do, but somehow — when properly reminded — suddenly awaken from the stupor of perversity, shake off the sober face of grimaces and furrowed brows, and begin celebrations in earnest with painted faces and balloons of joy?  Can we turn it on and off like a button switch, reminded of smiles with saddened eyes and inverted to frowns with the window’s soul full of happiness?  Certainly, some presidents (unnamed, of course) have been able to do that; but for the ordinary actor upon the stage of life, are we able to perform with such aplomb?

Of course, people with medical conditions experience that encounter often, and no more so than Federal employees and U.S. Postal workers who suffer from a medical condition which prevents them from performing the essential elements of one’s positional duties with the Federal agency and the U.S. Postal Service.

For Federal and Postal employees who suffer from a medical condition, each day where the Federal or Postal employee can come into work and be productive is a ‘special day’; but because of the reputation which has already grown, and the whispers and gossip which have been imparted like a trailing cloud of dust surrounding Pig-Pen in the Peanuts comic strip, the furrowed brows and grim faces of solemnity abound, still making it into an unfortunate event.

Full well does the Federal employee and the U.S. Postal worker know, of that which we speak; where every special day is still an unfortunate event, and the coincidence of being pain-free or otherwise without debilitating symptoms of the medical condition can somehow be ignored with lack of sensitivity by everyone around.

But, then, this is a daily and common occurrence for the Federal and Postal employee who must endure the sufferings of both the medical condition itself as well as the constant harassment from the Federal Agency and the the U.S. Postal Service; and that is why filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, becomes an important event — one which could potentially turn that unfortunate condition into an otherwise special day, once the OPM Disability Retirement application is approved and the Federal or Postal worker can ‘move on’ where coincidence is no longer ignored by sensitivity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Deeper Recesses of Unwanted Caricatures

Caricatures often depict an exaggerated degree of undesirable characteristics, whether for comic effect or sleaze of meanness.  The totality of the person or entity described is rarely the reality of the grotesque aggregate of the negative characteristics, but one can still see the relative truth of validation in the aspects shown.

Such caricatures, too, can be either internal or external; the latter being the depiction from the perspective of someone “other”; the former comprised of the totality of one’s self-image, how one projects from the perspective of the other, and the reflective thoughts of one’s self.  When others describe one in caricature form, you may laugh, but inwardly shy with horror and fright; and in the deeper recesses of one’s privacy, the truth and impact of such unwanted caricatures may pull one into a psychological chasm of despair.

Medical conditions, especially, can exacerbate an already-existent fear and loathing, precisely because they attack and undermine those areas of the physical, emotional and psychological vulnerabilities most open and revealing.

For the Federal employee and the U.S. Postal worker who becomes impacted by a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the unwanted caricatures which frighten and demean are often twofold:  Loss of productivity (resulting in reduction of income), and devaluing of self-worth, both in the eyes of coworkers as well as from the deeper recesses of one’s own perspective.

Filing for Federal Disability Retirement may not seem like the perfect solution in dealing with a medical condition, but as this is not an infallible universe, so we must accept the imperfections offered.

The generous parameters promulgated within the legal regulations of obtaining a Federal Disability Retirement, allows for the Federal and Postal worker to entertain a second vocation or career beyond the Federal Disability Retirement annuity (one may earn income in the private sector, up to 80% of what one’s former Federal or Postal salary was, in addition to the Federal Disability Retirement annuity).  More importantly, it allows for the Federal or Postal worker to first and foremost focus upon attending to the medical condition itself, while receiving a base annuity during the crisis point in determining the course of future actions.

Unfortunately, what often holds us back in securing one’s future is not the actual realities of an imperfect universe, but rather, the deeper recesses of one’s perfect world, as depicted in an unrealistic caricature within one’s own imagination, precluding progress where pantomimes may perform.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

FERS & CSRS Medical Retirement: Seasonal Rhythms

We are completely disconnected from the imposition of nature’s imperatives; through artificial means, we extend the light of day in the name of productivity, and prevent and shut it out for the sake of lengthier restorative sleep; we defy slumber and seasons of cocoon-like hibernation with unnatural heat, and resist the middle of the day where scorching temperatures and required siestas in other countries are ignored and scoffed at.

The rhythmic beat of breathing and hearts, like the seasons of change or vicissitudes of weather, are mere obstacles to be overcome; and whether successful or not, we forge onward in any event, ignoring the cost of defiance and neglecting the reality that once, we were sons and daughters of a primordial world, part and parcel of the natural order, but like the two figurines who left and traveled east of eden, the past we abandoned behind became a burden quickly forgotten for the price of ransoming the ransacking of the world we rejected.  But the rhythm still remains, despite our best efforts to control and command.

For the Federal employee and the U.S. Postal worker who begins to suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal position, the disruption from the artificially-created confines of the work environment is likened to the rejection and resulting turmoil from the natural rhythm of life.

In abandoning and becoming disconnected, we have created a different rhythm of living; and when that manufactured one is interrupted, where does one return to?  Medical conditions are often considered as mere irritants to our goals and teleological make-up; when, in fact, they are precursors and warnings foreboding nature’s tap on one’s shoulder.

Filing for Federal Disability Retirement benefits may appear to be another artificial means of escaping, sort of like leaving the proverbial frying pan into the fire; but once we left behind the mythological state of nature, and into the social contract of a burdensome bureaucracy, the necessity in engaging the administrative process itself becomes our inevitable fate.

Federal Disability Retirement, for the Federal and Postal worker, whether under FERS, CSRS or CSRS Offset, is a benefit accessible precisely for those whose rhythmic entourage has been interrupted by the self-immolation of a disease or injury; and as rhythms go, the beat of the drummer which leads one away from the discordant band which plays upon the deterioration of one’s body, should provide the pathway towards preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to head west back to the garden of eden one left behind, once upon a time.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Farmer’s Market

They have cropped up everywhere, and have become popular sites where suburbanites can sense a closer connection to the food they put on their tables.  But as with all seasonal exchanges, the level of interaction is based upon the changing environment, the availability of produce, and the trending nuances of health, life and manner of living.

In the wintertime, the abandoned stalls and the empty inventory tells of a change of seasons.  We walk, observe, pick and choose, and if the color of the tomato doesn’t quite seem right, we pass by with nary a nod, or word of silent question mark.  Which side of the Farmer’s market are we on, in any given day?  Are we the seller of produce, or the buyer of selective goods?  Do the seasons change, and the temperatures ebb and flow, and are we malleable like the sea breezes that touch upon a morning surf?

Federal employees and U.S. Postal workers often feel the interchangeable position, and the vulnerability on any given day, based upon the changing of seasons.  Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one from performing one or more of the essential elements of one’s job, are likened to Farmer’s markets which come and go, and who set up stalls for selling of goods and produce, or were once like visitors looking for something different than the frozen foods at the chain supermarkets.

Once, the sense of being in control prevailed — whether in displaying one’s produce as the seller, or as the consumer choosing based upon the look of the fruit or vegetable.  Then, suddenly a medical condition comes into play, and options seem to diminish; whether from the perspective of the merchant, or of the buyer, you can’t seem to last the season in either role.

The option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is something that becomes a necessity for the Federal or Postal employee who suffers from a medical condition which prevents one from performing the essential elements of one’s Federal or Postal job.

Like the changing of seasons, it brings to the fore the availability of one’s “product”, and makes of one the onlooker who doesn’t purchase, as well as the weekend merchant who tenders at the local Farmer’s Market, only to get back to one’s “real job” of toil and turmoil, like the rest of society who must contend with the forces of nature’s changing seasons.

Sincerely,

Robert R. McGill, Esquire