Early Medical Retirement for Disabled Federal Workers: Accuracy & Creativity

Accuracy and creativity are not mutually exclusive approaches; one often thinks that the former relates to more ‘technical’, non-fiction genres, while the latter encompasses the areas of fiction and similar writings.  But being scrupulously accurate while describing an event in ‘creative’ terms can go hand-in-hand.

In preparing, formulating and filing for Federal Employee Disability Retirement benefits from the U.S. Office of Personnel Management, one should not feel constrained in properly and fully expressing one’s medical condition and its impact upon one’s ability/inability to perform one or more of the essential elements of one’s position within the agency, based upon either the questions posed by the Applicant’s Statement of Disability (SF 3112A both for CSRS and FERS employees), or by the admonition that technical accuracy is paramount.

Of course, truth should always be the guide; but where subjectivity must necessarily be an element present throughout one’s descriptive attempt at conveying the nexus between the medical condition, the position description, and the impact one has upon the other, the reluctance to use descriptive adjectives should not be a constraining element.

In formulating one’s case, one should be creative and forceful in describing the profound impact of one’s medical condition upon one’s life.  On the other hand, brevity and succinctness are characteristics which are often most effective; but that is another story altogether.

Sincerely,

McGill Disability Retirement Legal Services

 

FERS Medical Retirement from OPM: Internal Turmoil

A man walks out early in the morning to retrieve the newspaper thrown onto his driveway; from across the street, you see him; he looks vibrant, confident, self-assured; you think to yourself, “Why can’t I be like him?”  A woman, well-dressed, punctual, competent, with always a smile; a sure “go-getter” who will climb up the corporate ladder with ease; you think to yourself, “Some people are just successful and happy.  Why can’t I be like her?”

The calm before the earthquake; the tectonic plates which are invisible and the above-surface topography which has been undisturbed for centuries; then, one day, the calamity occurs, and buildings collapse and countless lives are buried and lost.  What happened?

It is always the unseen, internal (or beneath-ground) turmoil which is the “true” essence of a life, a geographical location, or an entire population which masks its veiled soul.

Plato and the entire history of Western Philosophy were based upon unmasking the essence of Truth by digging beyond the appearance of Falsity.  Human Beings, particularly, have a great knack for hiding the internal turmoil which is the truth of what we are.  The smile which masks the saddened eyes; the outward appearance of confidence which is a facade for the depression and sadness within; the quiet steadiness of nature before the convulsion of the volcanic eruption; all, the internal turmoil, hidden by the falsity on surface’s artificiality.

For Federal employees and U.S. Postal workers who suffer form a medical condition such that the medical condition can no longer be masked, it is always the internal turmoil which cannot be contained, restrained or curtailed forever.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS laws, through the U.S. Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and begin the process of quieting that Internal Turmoil before it erupts like the quiet volcano waiting to reveal itself from behind the facade of contained quietude.

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: The Human Prerogative

There are other prerogatives connected to other species, like swiftness of predatory hunting for a Cheetah; the sheer power of a Grizzly Bear; or, perhaps of an NBA star who no one even attempts to defend against because, outside of the 3-point circle, there is no point in even trying.

The definition is clear: a “prerogative” is the right or privilege exclusive to a particular individual or class, and so, like an eagle which soars with the power of such privilege, there is no denying that which is the right of that individual, of whatever species we are referring to.

For the Federal employees or U.S. Postal worker who suffers from a medical condition, where the medical condition itself impacts upon the ability and capacity to perform the essential elements of one’s job, it is the prerogative — the human prerogative — to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, under FERS.

Because you are a Federal Government employee or Postal Service worker, it is the exclusive right and privilege to assert your eligibility for Federal Disability Retirement; and indeed, this is the Human Prerogative, as a Federal or Postal employee.

It is the exclusive right — not merely because you are a human being, but because of your privileged status as a Civilian Federal employee or U.S. Postal Service worker — to assert that limited prerogative when the need arises, and if the time comes such that it becomes necessary.

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.

 

FERS Disability Retirement from OPM: Knowing the Law

If ignorance of the law were a valid excuse, we could all get away with murder.  Not knowing what the law is; claiming to have been without knowledge of the law at the time of the occurrence; failing to address the law when involving one’s self in an administrative procedure — these are never valid excuses in being held to account for such lack of knowledge.

There are, of course, certain “natural laws” which cannot be avoided, such as taking another’s property without consent or harming someone, such that the only time “knowledge of the law” can be used as a defense is if the perpetrator claims lack of mental capacity — i.e., the classic insanity defense.

In all other areas, “knowing the law” is an important first step before initiating any process, and that is why Federal Disability Retirement Law is important to “know” before beginning the process of applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS.

It is, first and foremost, astounding that anyone would begin filling out the Standard Forms for applying for Federal Disability Retirement benefits before first understanding the laws governing Federal Disability Retirement benefits.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing for Federal Disability Retirement benefits — by first “knowing the law”.

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 Employees Retirement System (FERS) Disability Law: How We See Ourselves

Disturbing studies keep seeping out from these technological times of unfettered advancement: Of kids having greater anxiety, being placed on medications at earlier and earlier ages; of technology — Facebook, Instagram and other “Social Media” outlets — contributing to how we see ourselves.

In a predominantly agrarian society — of which we were until after WWI (the Great War to end all wars — how did that work for us?) — with no technological connection between towns, cities, and even families, how we saw ourselves differed drastically than in the modern era.

We did not compare ourselves to total strangers.  We did not snap images of ourselves constantly and obsessively.  We did not view pictures of ourselves, nor had the capacity to alter, modify, “improve” or otherwise change the way we were reflected.  In fact, the grainy images of black-and-white photographs barely captured the outer shell of who we are.

So, how did we see ourselves “back then”?  We didn’t.  Instead, the focus was outward — towards the objective world we had to maneuver through in order to survive.

In modernity, the focus has shifted inward — within the universe of words, language, thoughts, images, and the aggregation of an insular world.  This shift is important to recognize, for we have to counterbalance the overemphasis upon how we see ourselves.

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 one’s Federal or Postal job, How We See Ourselves is important in light of the devastating impact that the loss of one’s career and instability of one’s future is looked upon.

Greater stress and anxiety likely dominates.  The insular and the objective feed upon each other and trigger greater difficulties.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of taking a greater balanced view of How We See Ourselves by prioritizing your health, and therefore, your future.

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.

 

FERS Disability Retirement Benefits: Always Within the Never

It is a phrase borrowed from the book, the Elegance of the Hedgehog.  The movie version follows the novel quite scrupulously, with the former utilizing certain visual applications (example — of Paloma using the video camera; the image of the death and resurrection of the goldfish, and other metaphorical tools more easily adapted to the visual medium of a movie) while the latter goes into greater detail on the background and conversations engaged, especially on Art, Music, Philosophy, etc.

Both are beautifully done in discussing the issues of class structure in France — of the value of education; how we treat one another based upon wealth and background; of what constitutes beauty; and the relevance of one life as opposed to another — of the always within the never.

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 “always” concerns the worth of the Federal or Postal employee whether you can do your job or not, and the “never” is the concept that, just because you are no longer able to perform your job anymore, it does not diminish the value of your worth to society.

Federal Disability Retirement is a benefit accorded to you when you signed up as a Federal or Postal employee.  It is a recognition that human “worth” is partly based upon your past contribution in this world, and that you still have much to contribute beyond the Federal or Postal sector.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and assert yourself always within the never.

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.

 

Help with Disability Retirement from Federal Agency or USPS: Cancel Culture

In modernity, it refers to the cultural attempt to silence a particular historical perspective, or to expunge certain elements deemed offensive or otherwise inflammatory.

The criticism, of course, is that a unilateral cancellation or ostracism fails to provide a platform for discussion, as discussion leads to the potentiality for reform, retraction, rehabilitation, and even apology.  Because the act of cancellation resides outside of the legal boundaries and criteria for appellate review, it can be done in a monolithic, unilateral manner, leading some to argue against the dangers of mistake, abuse, and mis-application.

Fortunately, in a Federal Disability Retirement case, the procedures of a cancel culture cannot be applied without redress and appeal.  If the U.S. Office of Personnel Management were to have the unilateral powers possessed by the modern entities involved in cancel culture, Federal annuitants and disability retirees would be in trouble.

Of course, OPM does systematically try and cancel one’s Federal Disability Retirement benefits by sending out Form RI 30-1, then requiring greater and increasingly onerous demands for more and more documentation in order to satisfy their criteria for what constitutes “continuing disability”.

OPM’s cancel culture is perhaps the more serious one because it goes to the heart of a Federal or Postal annuitant’s source of income.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and respond to the unfair cancel culture of OPM.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement Benefits: How we fit in

Federal employees who don’t fit

 It is the misfits of whom we scoff at; of the random and discarded puzzle-pieces that seem to never find their proper configuration and therefore are cast aside before the picture is completed; and those square pegs that don’t fit into the round hole — whether, either the pegs must be shaved in order to conform, or the whole must be widened so that the peg can be dropped in; even though they don’t actually fit but remain loosely within the hole, but that’s okay because at least they are no longer seen as “not fitting in”.

In the end, the grind of life fatigues us.

We all conform, despite our initial resistance to such conformity.  The world requires conformity and predictability; and school, well, it is a means of ensuring the mass production of conformed groups who all think alike and behave in parallel fashion.  Every now and then, of course, a creative genius breaks away from the mold of artificial constructs; but in the end, even creative geniuses fall prey to the constant punishments meted out to those who dare to be different.

Federal employees who suffer from a medical condition and who can no longer perform one or more of the essential elements of his or her Federal or Postal job — they are, essentially, misfits within a Federal system that cannot accommodate misfits for long.

Federal Disability Retirement is a pathway out of the mold that dictates how we fit in; it is part of the “system” of dealing with misfits so that you are no longer deemed a disrupting influence upon the smooth flow of the Agency’s “mission” or the Postal Service’s massive mail distribution system.  It is a long and arduous process by which various criteria must be met, and as such, the Federal or Postal employee should consult with an experienced Attorney who specializes in Federal Disability Retirement Law so that the Federal Disability Retirement attorney can guide you into seeing how you will “fit in” — into the system as a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Applicant’s Statement

The SF 3112A is the focal point of it all; without it, the entirety of the Federal Disability Retirement application would be incomplete, inconsequential and insidiously irrelevant.  The U.S. Office of Personnel Management can make a decision on a Federal Disability Retirement application — theoretically — without full answers or incomplete answers of the “other” forms, such as the Checklist, or even the Supervisor’s Statement; but as for the SF 3112A, The Applicant’s Statement of Disability — well, there is no getting around the fact of its prominence, importance and position of significance and relevance.

The Applicant’s Statement of Disability puts everything in its proper perspective; it tells the narrative of one’s medical conditions; it provides (or, at least should) the nexus between one’s medical condition and the essential or basic elements of one’s job, tasks, duties, positional requirements, etc., and gives a key and insight into the very foundation of the legal criteria for OPM to either grant or deny a Federal Disability Retirement application.  That being the case, why would a Federal or Postal employee leave such an important component as the content and substance of an SF 3112A up to one’s own self?

The person who suffers from the medical disabling condition can hardly be the one to properly, adequately or completely describe the key components of one’s medical condition and its impact upon one’s positional duties; for, the one who suffers by definition is the very.same person who is divorced from having an objective perspective.

Remember, always, that Federal Disability Retirement is a medically-based administrative procedure — one which must encompass and encapsulate the objectivity of medical documentation, the meeting of a legal criteria that has evolved over many decades, and an aggregation of the two combined in order to persuade the U.S. Office of Personnel Management that the compendium of one’s documented evidentiary findings rises to the level of a preponderance of the evidence presented in a coherent manner to the U.S. Office of Personnel Management.

Does such an endeavor appear consistent with the Federal or Postal employee who is too sick to work the essential elements of one’s job?

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