Attorney Representation for OPM Disability Claims: Proper Sequence

For Federal employees and U.S. Postal workers seeking to obtain a Federal Disability Retirement, is there a proper sequence in preparing the Standard Forms?  Does it matter if one set of forms are prepared or taken out of sequence?

Or, is the fact that the two primary sets of forms — the SF 3107 series and the SF 3112 series — are already provided in an ordered manner (i.e., for the SF 3107 series, first the “Application for Immediate Retirement”, then the Schedules A, B & C, then forms for the Agency to complete; and for the SF 3112 series, first the “Applicant’s Statement of Disability”, then the Supervisor’s Statement, the form for the Physician, etc.), reflective of the sequence one should complete them?

This, of course, brings up another and more important question: Would you trust the government to look out for your own best interests in completing the series of Standard Forms (i.e., SF 3107 series and SF 3112 series) in the order that they want you to complete them, or should you complete them in a manner that looks after your own best interests, separate and apart from the order that the Federal Government and OPM wants you to fill them out?

There is, in the end, a proper sequence to everything, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is no different from every other kind of form and content to be completed.  The way and manner that OPM and the Federal government wants you to complete a Federal Disability Retirement application does not necessarily imply any nefarious intent; it is just a difference in deciding whose best interests are you looking after — your own, or OPM’s?

In the end, all of the Standard Forms (again, the SF 3107 Series and the SF 3112 Series) must all be filled out completely, and some might conclude that the order and sequence of completing them shouldn’t matter, inasmuch as they all have to be completed anyway.  But you may want to pause and reflect for a moment: Does “proper sequence” imply that the Federal Government and OPM have prepared the SF 3107 and SF 3112A for the benefit of the Federal Disability Retirement applicant, or for their own convenience?

Tricks tend to trip, and the trips are not merely the destination from point A to point B, but a hidden accident waiting to happen if you don’t complete SF 3107 and SF 3112 in their proper sequence — and that means, not necessarily in the order of their appearance.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Relating negative events

Bad things come in pairs, or is it triplets?  Is there a tendency to relate and categorize in terms of color, logical sequence, similarities and characteristics?  Is the Kantian model of imposing categories upon an otherwise orderless universe the reason why we relate negative events in bunches, like grapes growing upon vines waiting to be picked?  Or do bad things happen in combinations naturally, as a law that cannot be avoided?

When we learn that others have been speaking ill of us, or of unkind statements and gossiping rumors spread about, do we not then consider the look of those around us and begin to suspect that the facial frown was directed at us, the distracted individual is not merely lost in his or her own thoughts, but is deliberately ignoring and shunning us, and even the dog that was once friendly is heard to emit a low-growling sound of unfriendly disposition?

Relating negative events is a natural response to a world that is orderless, and one that can be cruel — a perspective that is easily and readily confirmed by the uncaring attitude not just from an impervious universe, but from those who pretend to be out best friend, as well.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the Universal Law that dictates relating negative events becomes unavoidable: Suddenly, because you have taken too much SL and have requested FMLA, you are no longer the “golden boy” (or girl) who can be relied upon, and next comes the leave restrictions; the “Memorandum of Warning”, and then even a PIP; and what next?

Termination is the target for the future.

All the while, the “negative event” was the deterioration of one’s health, which then set into motion all of the other negative events which became related one to the other.

Bad things, unfortunately, happen in bunches, and it is important to initiate a “positive” element and infuse a “good” thing into the middle of those bunches of negative events, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is that positive step one can take for one’s self in the morass of relating all of those negative events that seem to have occurred without your consent.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Information: Action after words

Does the failure of an action to succeed a string of words make it automatically into a lie, or can it merely indicate a delay between thought and action, spoken words and action, or misinterpretation of words followed by non-action?  Are there phrases and afterthoughts that undermine and negate the initial statement of promised and anticipated actions, such that they “justify” the non-action?

For example, if a person says to another, “I will meet you at X restaurant at noon tomorrow,” but upon showing up at the place, the other person never appears; later, you bump into that same person and inquire about his non-appearance, and he states, “Oh, I became too busy and couldn’t come.”  Does that succeeding statement negate the previous statement; does it “explain” it; does it “supersede” it; or was it merely a statement that tells you that the person making it is rude, a bore, and someone to henceforth be suspicious of and mistrusting towards?

What if the same person had said some other things, like: “I thought better of it” or “I decided that I didn’t want to go out to lunch with you”.  As to the former, one might conclude that the person was somewhat odd; as to the latter, that he or she was unfriendly and did not deserve further consideration.  But what of the following statement: “I am so sorry. My mother was taken to the hospital suddenly and I completely forgot!  Please accept my sincere apologies!”  This last admission, of course, is the one that “justifies” the breaking of the prior commitment, and can be seen as the one where “forgiveness” and further consideration is accorded.

In every case, the action which follows after words determines the future course of how we view the person who spoke the words; yet, context and content do matter.

Take for example another scenario, where the person says, “I may be at X restaurant at noon tomorrow, or I may not.”  You show up at the place at noon and the person who made the statement does not show up.  Later, when you “bump into” the person, you say, “Why didn’t you show up at X restaurant,” and the person responds with, “Oh, as I said, I might have, but decided not to.”  Was there a broken promise?  Did the actions performed fail to “meet” with the words previously spoken?  No, and not only that – one could even argue that the person was quite true to his “word”.

For Federal employees and U.S. Postal workers who are considering 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 connection between “action” after “words” is always an important consideration to take into account, for there will be many steps through the administrative process where compatibility between the two will have to take place.

Will your doctor support your Federal Disability Retirement case when the “crunch time” arrives?  (The doctor will need to).  Will your Human Resource personnel do as they say? (Likely not).  Will your supervisor timely complete the SF 3112B? (Hmmm…).  Will OPM “act upon” the Federal Disability Retirement application after “saying” that they will? (Again, hmmmm…..).

Action after words – the foundation of sincerity.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Bugs

Some are systematically exterminated; others, kept by organic farmers for their predatory advantages, including killing others; and still others are quickly brushed off as pesky little creatures not necessarily bothersome in numbers or even in appearance, but because “bugs” are simply not tolerated in an antiseptic universe where good order and neatness cannot include the appearance of a creature that may do nothing but crawl, creep and fly about in the open space of a garden, within a house or along the fence posts.

They have become a generic “catch-all” phrase that includes anything that moves about that is smaller than a rodent and larger than a speck of dust.  We have, additionally, transferred the sense of anathema in a more metaphorical manner, as in “bugs” in computers or in other appliances that fail to work properly, as if the living bugs in the universe are equated with those imaginary deficiencies of human technological innovation.  Then, there is the phrase, of course, of being worried about something, or having something bother one’s thoughts and invading the peace of one’s mind, as in the question, “What’s bugging you?”

We attribute and project from experiences we have had, and by analogy and metaphor transmit reputations that may never be deservedly ascribed.  Bugs are, in the end, creatures that are avoided, entities that have a reputation encompassing something less than desirable, and for the most part, have become a focus for instincts to exterminate, no matter that they are environmentally positive and have contributed to the balance of nature for endless ages.  And yet, we squash them without a second thought, brush them aside and swat at them to rid them from this universe.

They are, in many respects, tantamount to a microcosmic manner in which some people treat other and fellow human beings.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, the very concept of the “bug” applies in so many small and almost insignificant ways, but we just don’t realize it.  Has it “bugged” you that the Federal Agency or Postal facility mistreats you because of your medical condition?  Are you considered now as nothing more than a pesky “bug” that irritates, and does the Agency wish to treat you as nothing more than a “bug” to be squashed if given half the opportunity?

Yet, despite having contributed to the mission of the Agency or the work of the Postal Service for all of these many years, just like the bugs that have made the environment better throughout, the Federal or Postal worker with a medical condition is considered expendable.  It may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Happy Meter

We have metrics for everything, now; devices simultaneously wearable as necklaces to gauge heart rates and exercising of limbs; of crystals which tell of emotive alterations throughout the day; and connective apparatus lest we lose a signal within the vast field of human interactions with the greater world in distant horizons.

Then, why not a “happy meter”?  How would it determine the accuracy within a spectrum of a day’s journey?  Would it be based upon a pinnacle on a graph? Or, perhaps it would calculate the average temperature between qualitative quotients of sad, neutral and ecstatic?  Or, maybe it would provide a needle prick, or a gentle nudge with a vibrating sensation or a humming sound which reminds us that we are now in the state we seek, of a joyous moment within the historicity of our own emotions.

But would it work, and would a happy meter merely gauge our state of being, or fulfill a self-fulfilling prophecy of self-aggrandizing need for knowledge reflective of foolish accounts as seen by other cultures and societies?  For the most part, any quantification of self-satisfaction would still require the affirmative input of the subject being studied.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s positional duties with the Federal government or the U.S. Postal Service, the idea of gauging happiness as the sole criteria for seeking Federal Disability Retirement benefits is merely to identify one criteria among many.

For, in the end, “happiness” is just a byproduct resulting from multiple other factors, including a future sense of security; an idea of where one fits within the larger schematic plans of the Federal agency or the U.S. Postal Service; where one’s career path will go if the Federal or Postal employee attempts to remain in the job and the agency which cannot be completely fulfilled; whether a viable “accommodation” can be provided to allow the Federal or Postal employee to continue in the same position such that the Federal or Postal employee can perform all of the essential elements of the position; and multiple other and similar elements to consider.

Ultimately, one’s “happiness” cannot be determined by a mere quantification of heart rate, level of perspiration, or the stability of emotions and thought-processes; and while there is no mechanism discovered or invented, yet, which is encapsulated by a commercially salable Happy Meter, perhaps there will be one in the near future.

For the time being, however, one could nevertheless do what men and women have done for centuries, and simply reflect seriously for a moment upon one’s past accomplishments, determining present needs, and plan for one’s future security by taking the affirmative steps necessary to prepare, formulate, and file with the U.S. Office of Personnel Management, an effective Federal Disability Retirement application — today.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement from Federal Job due to Disabilities: Setting up the Contingency for Failure

We all engage in it, at times; and like the vertical clearance events, like the high jump, the measurement of the horizontal bar can make a difference by fractions of inches or centimeters, and where we place the bar will determine the outcome of failure or success.  “If X, then Y,” we whisper to ourselves daily; “If I am able to get through this day, then it shows that I am better, and…”

But medical conditions, especially, have an unique characteristic of skewing and distorting the predictable outcome; and, further, when human desire, unfettered by comparative milestones used as “reality checks” in order to keep contained the buoyancy of human wants, becomes part of the equation, the systematic self-deception can occur through setting up contingencies which will inevitably fail.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the issue of “when” to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management (submitted first through one’s own agency Human Resource Office if not yet separated from Federal Service or, if separated, not for more than 31 days; but if separated, within 1 year of being separated from service, which is the Statute of Limitations in all Federal Disability Retirement cases, with some stringent and narrow exceptions) has often been influenced by the imposition of setting up multiple and linear series of contingencies, all of which were doomed for failure.

That is why the very filing of a Federal Disability Retirement application often becomes a “crisis” of sorts; for, as we desire things beyond our reach, and know that such events are unlikely to happen, so we continually engage in such fantasies of hope, despite the facts which face us, the yearnings which remain unfulfilled, and the loud signals which have become sirens emitted from our bodies and inner souls, screaming to change course before the collision of life’s disaster brings tumult and chaos beyond the nightmares of our own making.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: How Long Can Negation Define Living?

The tipping point where negation of living constitutes greater time spent than affirmative enjoyment of the activity engaged, is determined by individual choices and preferences.  Some individuals retain a higher threshold for pain, discomfort, and capacity to endure; and the fact that an MRI reveals a degenerative or decaying physical attribute does not necessarily correlate with the capability to ignore or otherwise minimize the magnitude of pain.

To what extent one avoids “doing something” in order to contain the pain; deny the self from pursuance of an activity in order to endure; to maintain quietude and an immobilized sedentary state of being in an effort to make the worn body and troubled mind last for a day, a week, or a decade longer; such are the efforts expended in a life of negation, in order to continue to “live”.  But is life defined by a quantum?  Or, is quantity in any way related to quality?  In “elder law”, there is often a discussion about “quality of life” issues, but the fact is, such a question and concern pervades with significance throughout one’s life, and not just towards the twilight of living.

For Federal employees and U.S. Postal workers who suffer from a medical condition,such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, the question of when “enough” is already “too much” is one which haunts, tails, latches on as an appendage of inflamed emotions, and refuses mere hand-waving as an irritant to swat away.

Yes, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a major step in one’s life, but at some point, the alternative left unstated and ignored must be directly confronted and faced with courage, pragmatism and prudent behavior.

Habit of negation can become so intertwined with one’s daily life, that it remains as a compromise allowed because one believed that no alternative was offered.  But as a life defined by negation becomes, at some point, a qualitative issue where all joy has been sucked out of the vibrancy of rightful ownership, so the choice to change in order to attain a semblance of a past life, memorialized in times of youth where pain and psychiatric disorders were merely hypothetical constructs hinted at by “others” in the community, so taking an affirmative step in order to be released from the confines of daily toil and turmoil is often the best and most hopeful avenue towards a life of positive images.

For Federal employees and U.S. Postal workers, filing for Federal Disability Retirement benefits through OPM is often the best choice left in order to “move on” towards a greater definition of “life as living” once forgotten because of the constant harassment and fear imposed by the Federal agency and the U.S. Postal Service.  At some point, negation cannot define living, as life is more than avoidance, and there is joy to be found beyond Federal employment and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire