Lawyer Representation for OPM Disability Claims: The phony smile

We have all seen it; the question is, how is it recognizable?

Well, one way is by the contrasting identification with other features of the human façade.  Here, Plato’s attributed observation that the eyes are the window to one’s soul, is that comparative characteristic that reveals the veil of the phony smile that uncovers more than words will tell.

It is that disarming act that defies sincerity but only is manifested when it is too late; of the knife that stabs one in the proverbial back just after the smile has been issued, like a letter that arrives with such anticipation of joy and yearning, only to begin with the proverbial warning, “Dear John”.

The phony smile is well known; it is perverse and pervasive throughout literature.

“Did you see that smile?”

“Oh, I can’t stand that person – what a phony!”

The eyes – did you get a look at the cold stare as he smiled?

“Yes, he smiled, but those teeth that bared could have cut your heart in two!”

And so the phony smile has made its way through the analogs of time, truth and tempestuous and temperamental tumults, but has survived precisely because it is a smile that phoniness cannot always be certain to be questioned.  It is, as with words in insincere voices, the action that follows that determines the validity of the smile itself.

The analogy for Federal employees and U.S. Postal workers who are suffering 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 the Federal or Postal position, is in the way the Federal agency or the Postal facility treats the Federal or Postal employee when a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job.

The “smile” is what the Federal agency or Postal Service promises; the contrast to the “eyes” that tell of the sincerity is defined by what they actually do; and the determination that the former was “phony” is when they proceed to stab you in the back.  That is when preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, needs to be initiated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Faking it

We often judge the complexity and sophistication of a species by evaluating the extent of negative capacities.  Thus are humans considered to be advanced creatures because of the capability of lying, subterfuge, dissimulation, pretense of behavior, and other such undesirable characteristics. But other species can “lie” as well, if one accepts faking matters and circumstances as constituting that sort of advancement of evolutionary behavior.

Predators can “act like” they are asleep, or even dead or noticeably unaware, in order to lure the prey into a somnolence of cautionary approach.  Birds can mimicry others; and chameleons can adapt and change in order to engage in subterfuge.  But the true test of sophisticated advancement is the ability to defy an inevitable reaction to a cause, and to simultaneously suppress it.  As pain is a natural alarm system which the body necessitates a reaction to, so the act of concurrently concealing it requires an enormity of self-discipline rarely found in species other than in humans.

Federal employees and U.S. Postal workers who suffer from a medical condition engage in such subterfuge on a regular basis.  Whether in attempting to extend one’s career for a period greater than self-interest, or of necessity to survive among the pack of hyenas comprised of Federal agencies, their cohorts and co-conspirators, the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, faking it becomes a daily routine requiring self-containment and discipline of an extraordinary capacity.

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 an avenue of relief where the threshold and intersection between concealment and level of pain can no longer be tolerated.  It is the exit by which Federal and Postal employees find where once there was none.  For, in the end, the predator wounded and laying in wait for the injurious cause to approach with lesser caution, in order for the prey to become the aggressor, the danger is that one may wait too long and bleed to death, and unknowingly reverse the intended fortunes of the day.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Life’s Repertoire

It is one thing to have a stock of memorized pieces or performances from which one can reach back and employ, like an inventory of dusty artifacts which can be brought out for display upon request; quite another, however, to reveal it, dust off the residue, begin to showcase it, then be interrupted and, without missing a beat, to ad lib above and beyond the prepared piece.  The tape recorder (does anyone even remember what that contraption is or was, in this digital age?), the CD, the digital device; once set, it can only be altered by enforced remixing.

The human being, however, can adapt and respond according to the vicissitudes of changing and demanding circumstances.  The best jazz musicians are the ones who can go with the flow, and change from the vast spectrum of rising keys and notes in the flash of a feeling; as the blare of the trumpet, the sax or the flugelhorn rhythmically calls upon the beat of the drummer.  It is, in the end, the repertoire which we carry, from which we can wander; without the inventory left in reserve, we would have nothing to start with.  In life, we rely upon that repertoire to carry us forward each day.

For the Federal employee or the U.S. Postal worker who becomes beset with a medical condition, such that the medical condition begins to interrupt one’s stock of daily routines, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, becomes an important part of that inventory.  Yes, it is an inventory of change, a repertoire of alterations; and some ad libbing must be engaged; but much of life’s repertoire has been unusable, anyway, and the forced alterations may stretch one’s limitations, but rarely break.  Procrastination, avoidance, neglect and suppression of the inevitable — they are never the stock and trade of the best of jazz musicians.

Rare is the Federal or Postal employee who is also an accomplished jazz musician; but in the privacy of one’s home, the Federal or Postal employee who is forced to consider preparing, formulating and filing for Federal Disability Retirement benefits through OPM because of an interruption from a medical condition, is one who must ultimately toot his own horn, in his own time, and in his own unique way, whether forced or not, and to reach back from the vast repertoire of life in facing the challenges in confronting a medical condition both unexpected and unwanted, but there anyway, as another obstacle to overcome in this thing we call a journey of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those Days of Mental Clarity

One often remarks that we live for such days; when energy, motivation, clarity of mind and enthusiasm for life surges through our veins; one’s outlook is positive, the mystery of life is resolved, and no challenge is too onerous to overcome.  But then the mundane monotony of repetitive thoughtlessness returns; and life is back to the normalcy of day-to-day living.

Do we really live for such moments?  Or is it actually the opposite effect — that such days are mere reminders that living constitutes a linear course of relative quietude, interrupted by interludes of awakenings, like dreams impeded by nightmares in the solitude of self-contained solace.

Medical conditions have a similar impact; days of chronic pain, of lethargy and depression; and the cycle of becoming momentarily pain-free reminds one that there exists a plateau of health where the negation of illness or loss of wellness is the actual normative lifestyle, but where a medical condition reverses such a state of consciousness such that we adapt and come to accept a life of pain and chronic illness.

For Federal employees and U.S. Postal workers, the daily pain and impact of psychiatric conditions, including depression, anxiety, PTSD, stress-induced somatic disorders, as well as lesser-accepted physical conditions of Fibromyalgia, unspecified cognitive disorders, etc., can be the foundational basis of a Federal Disability Retirement claim.  OPM Disability Retirement is a benefit which is available to all Federal and Postal workers who are under FERS, CSRS or CSRS Offset, once the minimum years of Federal Service is met, and the preponderance of the evidence proves that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional requirements of the job.

Like those days of mental clarity, the necessity of filing for Federal OPM Disability Retirement benefits becomes a reality at some point in the evolution of one’s career, in the struggle to maintain sanity of health in a world which allows for chaos in this bureaucratized phenomena called the Federal system of government.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: A Working Paradigm

Most doctors, attorneys, and the general public are familiar with the concept of “disability benefits”, but only in relation to the Social Security Administration.  It is rare that disability benefits are associated with, or are known to exist, separately for Federal employees or the U.S. Postal Service, in relation to a concept which is progressively unique and creatively formulated within a context of a society and a bureaucracy which is not normally know for such characteristics:  a system of disability where the disabled individual is encouraged to seek employment without being penalized for earning income by immediately terminating the disability benefits.

Yes, for Federal and Postal employees, there is the cut-off margin of 80% of what one’s former position currently pays; and, yes, if the private-sector employment is too similar in nature to the positional requirements and essential elements of the former Federal or Postal job, such parallel identity can result in a determination by the U.S. Office of Personnel Management that the former Federal employee or Postal worker is deemed medically recovered; but within those generous parameters, the paradigm upon which Federal Disability Retirement is based, is what can only be described as a “working paradigm”, precisely because, as a system of incentives, it works, and as a practical matter, it encourages Federal and Postal workers to continue to remain productive in the workforce, and to perpetuate a self-paying system, as opposed to the de-incentivized system of Social Security, which has an extremely low threshold of allowable income before terminating benefits.

OPM Disability Retirement is effective precisely because it is a working paradigm — both in a pragmatic sense, and as a metaphorical basis for building a foundation for one’s future, as opposed to being stuck in the rut of an administrative bureaucracy which fails to understand and appreciate the human instinct to remain productive.

Sincerely,

Robert R. McGill, Esquire

Attorney Representation in Federal Disability Claims: Directions

The crude form of the proverbial image formulated is:  Up the creek without a paddle, but normally with an epithet inserted.  It portrays a vivid scene of being in a symbolic state, directionless and without a means of guiding or maneuvering.  One is thus subject to the winds of time, the vicissitudes of circumstances beyond one’s control, immediate or otherwise, and where a growing storm of unforeseen proportions and magnitude is coming at a rate of ferocity uncontrollable and unable to be prepared for.

People with medical conditions have that sense of progressive disintegration, where the things that one has worked and strived so hard to achieve, are now in danger of loss and ruination. For the disabled Federal employee or the injured Postal worker who suffers from an accident or other health condition, such that the medical condition is impacting the capacity and ability to perform all of the essential elements of one’s job, the growing fear of being swept aside by slow, insidious and deliberative steps by the agency — of a poor performance review; of initiating a “Performance Improvement Plan“, or a PIP; of threats of separation and termination because of one’s absenteeism and exhaustive use of LWOP; all point towards an inevitable direction which is far from the destination that the Federal or Postal employee wants to arrive at.

Lifeboats are funny things; they may save the life, but without a paddle, one may drift and yet fail to survive for lack of food or water.  Sustenance is the key to a life worthy of living.

For the Federal or Postal employee under FERS or CSRS, when a medical condition begins to threaten one’s employment with the Federal agency or the U.S. Postal Service, it may be time to consider filing for Federal Disability Retirement benefits.  Filed through one’s agency if one is still employed or separated from Federal Service but not for more than thirty one (31) days, the application is ultimately processed through the U.S. Office of Personnel Management for a determination of eligibility and entitlement.  It is a benefit which, in and of itself, provides for a basic annuity such that the sustenance of a livelihood is provided for, in order for the Federal employee or the Postal worker to attend to one’s health, and continue to look to a brighter future in the years ahead.

Thus, in that sense, Federal Disability Retirement is the needed oar for the man or woman in the proverbial boat, stranded up the mythological creek, waiting for the means to direct the drifting dictation of life’s daring demands.

Sincerely,

Robert R. McGill, Esquire

 

SF 3112B

OPM Standard Form 3112B: Supervisor’s Statement:

Were it that managerial approaches were diverse, and that such differences in stylistic methodologies constituted a perfect tailoring of individual personality to a particular job at hand; then, in that event, efficiency would predominate, scandals of long waiting times would disappear, and Federal and Post Office Workers would never be tested in their penultimate entanglement with the requisite virtue of patience.  But this is the real world. This is not some parallel universe in which dreams are dictated by wants and desires, and satisfaction of personal goals are attained at a whim.

In the harsh reality of technological onslaughts and daily toils of repetitive boredom, supervisors are placed in positions of trust, often misfits in an universe of onerous regulatory requirements and mandates.  As in all sectors of society, both public and private, there are good ones and bad, competent and their opposite; caring and callous; cold, indifferent, or warm beyond a fault.  But because of the busy-ness of the world in which we live, being aware of, or having the time to care for, the problems of subordinates, is a rare trait.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition necessitates filing for Federal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the Postal worker is under FERS or CSRS, the process will require the request for completion of SF 3112B, or more commonly known as the Supervisor’s Statement. For some, it will merely be a nuisance in the mere act of requesting; for others, a chaotic turmoil of sorts, filled with angst and thoughts of retribution and retaliation.

Ultimately, however, this is where standardized forms work for the benefit of Federal and Postal employees, because of the specificity of questions posed in SF 3112B.  Yes, there are blank spaces for some extemporaneous comments; yes, attachments to SF 3112B are allowed; but the most relevant queries are merely requests for box-checking, and that is where brevity is to the benefit of the Federal employee or Postal worker.

In the end, the process of filing for Federal Disability benefits through OPM is based upon the sufficiency of medical documentation, and not what a Supervisor says or leaves out in SF 3112B.  That is why an executed methodology of a coherent strategy to obtain evidentiary support is so crucial to a successful outcome in preparing, formulating and filing for Federal Employee Disability Insurance benefits, whether the Federal employee or Postal worker is under FERS or CSRS.

 

Sincerely,

Robert R. McGill, Esquire