OPM Disability Retirement under FERS: Knowing What We Do

Human beings are the only species who pause and reflects upon whether or not what he is doing is done knowingly.

Self reflection; the ability to learn from past mistakes; the capacity to improve; the capability of admitting that we know not what we are doing, and to seek advice in order to fill the void from lack of knowledge — these are all qualities shared.

On the other hand, recent cultural and social upheavals in this country might test that concept.

Knowing what we do is important beyond doing what we do, because — if we are to still adhere to the Aristotelian concept in Western Philosophy that we are “rational” animals (and this may be a questionable presumption, these days) — knowledge, self-awareness and the capacity to comprehend the world around us are the very characteristics which lift us above the beasts abreast and allow us a glimpse of the angels above.

The primary prerequisite in knowing what we do, however, is to (A) Know when we do not know, and (B) have the humility to admit when we do not know what we are doing.

To that end, 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, knowing what we are doing in preparing, formulating and filing an effective Federal Disability Retirement application through the Office of Personnel Management is a crucial step in winning the fight against OPM.

Contact a FERS Disability Lawyer who actually knows what he is doing, and begin the process of preparing an effective Federal Disability Retirement application under FERS.

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.

 

Permanent Disability Retirement from Federal Employment: Time for a Change

Often, the mind lags behind the body.  The body may have been indicating to you the need for some time; but “time” and “change” are conceptual paradigms which require thought — the mechanism of the mind which listens to the body.  Or, if one is beset with a psychiatric condition, what often happens is that one part of the brain becomes ill and cannot quite communicate to the other part of the brain which prompts the decision-making process.

Whatever the problem, there comes a time for a moment of realization — that it is time for a change.

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 position, the time for a change is now.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement, and listen to your body — or the part of your mind which screams for that change — and make the first move in responding to the need: Time for a Change.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal & Postal Workers: The Messes We Make

We make many of them.  By “make”, too often implies that it is our fault; and yet, some greater number of messes we make are merely the consequence of unknown factors, thoughtless actions and unintended reservoirs of youthful behavior.  Our parents often clean up after the messes we make; and, for a time, at least, such parental love allows for the children to mature and grow up until the messes become less and the successes replace them.

Some parents take the harsher road: “You have to clean up your own mess”; while others take too lenient a role and never allow their children to learn from their mistakes.  Most parents take a middle-of-the-road approach and try and guide their children through life’s learning process of making messes.  Some messes, like acquiring a medical condition, simply come upon us and we have no control over them.

For Federal employees and U.S. Postal workers who are beset with the “mess” of a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of his or her Federal or Postal job, filing for Federal Disability Retirement benefits is the “cleaning up” of the mess we have acquired.

Contact a FERS Disability Retirement Lawyer who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: How You are Viewed

Perhaps you are one of the rarest of breeds; the “rugged individual” who cares not what others think, how you are viewed, what people consider, etc.  Most who claim such a stance use it merely as an implacable facade; how many tears are shed and frustrations are voiced in the privacy of one’s home, we will never know.

“Self-image” is a running movie within one’s head, constantly updated by the feedback generated through daily discourse.  What we think of ourselves; the image of the individual in the mirror in front of you; the morning picture reflected back as you brush your teeth, comb your hair, etc.  Who is that person.  He/She is: Profession X; Gender Y; Relationship Status Z; Known within the community as A & B, etc.

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 continuing in his or her career, “How you are viewed” will change.  No longer are you the competent worker, the one who has dedicated him or herself to a career; no longer that Supervisor, Co-worker or colleague; now, to be deemed as a Federal Disability Retiree.

It is a transition that is often difficult, because it alters the self-image you have held for so many years.  But “difficult” was derived from “necessity”, and the reality is that the essence of the “real you” will not change despite filing for Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Filing for FERS Disability Retirement: The Time to Decide

The process of decision-making comes in all forms: Of procrastination until one is forced into making one; of deliberative thoughtfulness until all logical possibilities are exhaustively analyzed and a default judgment is entered through rational elimination of available options; of basing it all upon an “instinct” or a desire; of randomly choosing based upon the belief that — as the universe itself is arbitrary and capricious, so should all matters be decided in a parallel fashion; of considering the alternatives and eliminating them based upon a gut-feeling; and multiple other nonconformist manners, often combining a multitude of various methodologies — if in fact one can even refer to “madness” as a method.

Regardless — whether of one method or another — there comes a “time” to decide, and that time is often relevant based upon additional factors to take into consideration: Others are dependent upon your decision; there is a time-limit on making a decision; certain contingencies have occurred which require a decision to be made; or, to simply let outside circumstances dictate the decision by deciding to engage in the act of a non-decision.

For Federal employees and U.S. Postal workers who are struggling with the decision of whether to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question of “timing” is often decided by the extent and severity of the ongoing medical condition itself.  The anomaly of when is the “right time” is often offset by circumstances beyond one’s control: of actions perpetrated by the Agency; of the worsening of one’s medical condition; of the exhaustion of FMLA, SL and AL and the denial of extending one’s LWOP status; and the combination of any or all of the complex interaction of pressures and stresses which impact perfect timing.

Time is an artifice of relative events; often, there is no such thing as “perfect timing”; but what we do know is that there is a time to decide, and that time is when a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: Myopic view

One goes through life struggling just to get through each day.  Life is hard.  Yet, as parents we are scolded into feeling obligated to paint always the positive picture to our children:  That you can work hard and achieve anything; that dreams are there to be realized; that life is a bowl of fairytales waiting to be realized.

Then, of course, children take that viewpoint and filter it through selective and narrow life encounters: The recent Royal Wedding that purports to convey a fairytale-like romance blossomed into reality’s harsh discourse (so long as you don’t read the gossip-columns about the private lives of those involved); the Wall Street trader that makes her first billion; the internet start-up company that offers an initial IPO of a cool 5 billion; and the one who inadvertently wandered into a corner mart store, bought a lottery ticket with his last dollar and won a 50 million dollar jackpot.

We don’t delve into statistical improbabilities of such events actually happening to ourselves, let alone our kids; but there you have it — dreams are here to be realized, grasped, within the reach of a blink’s dream away.

Then, adulthood, reality and the daily grind sets in; the myopic view is the one that strives to earn a living for this day, next week, or even for the month; because, in the end, the “long” view — of planning ahead, thinking about the future or even about the day after the short term — are somehow out of one’s reach, leaving aside being too fuzzy to consider.

For Federal employees and U.S. Postal Workers who must contend with a medical condition that no longer allows for the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, the myopic view of life is the familiar one:  Get through this day; try to limit the pain or mental anguish; try not to make any waves at work; try and remain anonymous, or less noticed than yesterday.

It is the shortsightedness of our lives and the manner in which we live, that becomes the salt upon the wound of our own making.

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 at least thinking about tomorrow, or the day after.  For, the problem with the “short-term” is that it keeps dragging into the “long-term” of our lives, and preparing an effective Federal Disability Retirement application can at least turn the short-term of misery into the long-term of some semblance of future security, in order to attend to the priority of both the myopic view and the far-sightedness of our future: one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Cat’s Cradle

It is the complex game of strings wrapped around the small fingers and thumbs of each hand (or a modification of that contorted vestibule of human appendages), and where each player turns the cradle of the strings into greater complexity with each move by the other.

When children play it, the ease with which each turn of transforming the cradle of strings is a fascinating experience to witness.  When grown-ups do it — or, more accurately described, mess it up royally and invert the design into a an ugly bundle of irreversible entanglements that can no longer be played — the “overthinking” begins, the hesitation blockades and the uncertainty overwhelms.

It is always the grownups who mess up the beauty of the world’s designs, while children play it effortlessly, without conscious thought and with an innocence of proceeding that reveals much about what happens to an individual when you “grow up”.

Of course, we all have to grow up.  It is a sad inevitability.  That is why when the stunted individual who never quite got over his or her high school years, and still to this day talks about that grand finale of his senior year where the glory days of football, parties and friendships that were promised to last forever — that these frozen images yet remain so many years later as the pinnacle of one’s life and achievements — we shake our heads sadly and wonder at the fragile nature of man’s folly.

Cat’s cradle is the metaphor for much of life itself — of how simple childhood is, and yet so complex like the strings that bind the hands that create.

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 one or more of the essential elements of the Federal job, the time to “think” about the next move — like the overthinking grownup who is asked to take the next step in the game of Cat’s Cradle — may seem complex because of its very simplicity.

There is the future to think about, and all that comes with it.  One’s career, health and future security are all entangled within the strings that wrap around and throughout one’s life, but the question that remains is similar to the conundrum of a Cat’s Cradle — is it you who will make sure that the next design of strings will turn out “right”, or will you leave it up to the Federal Agency or the Postal Service to determine your future course of actions?

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is a complex administrative process —much like the tangle of strings in a Cat’s Cradle —but it is the simplicity of deciding that will make all the difference as to whether the next move will be a successful one.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: If not X, then at least Y

Many such contingent annotations are in the form of:  If not illegal, then at least unethical; or, if not unethical, then at least lacking of propriety, etc.  It is the pathway to a lesser acceptance, where the focus of one’s aspiration is lowered because of the inevitability of discovering that evidence insufficient will be uncovered.  Thus can one go on ad infinitum in various but similar forms:  If not happiness, then at least some semblance of contentment; if not a soul mate, then at least someone to share my experiences with, etc.

But what if that “replacement” standard turns out to be less than acceptable over time, through duration of toleration, and during cold nights when boredom no longer excites in playing pinochle while the kids are asleep?  Or, if the infractions and constant infringements persist with no end in sight, and no appropriate definition of a violation such that there are penalties to be ascribed and consequences to be felt?  Do we then accept an even lesser paradigm, and if so, how do we know that such diminution and diminishment of acceptance won’t again be averted and avoided?  Thus, do we assert:  If not X, then at least Y; but if Y doesn’t work out, then at least Z; and so on?  When first one submits to the acceptance of a lesser standard, the proverbial horserace has already been lost.

In negotiations, in contractual disputes, in attempting to come to terms, etc., the sign first evidenced of conceding the lesser standard is the first indicator that the slippery-slope has just begun.   There are instances, of course, where the opposite is true, as well, except that we can rarely discern beneath the surface appearances.  That is what Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts the Federal or Postal employee’s ability and capacity to perform the essential elements of the Federal or Postal employee’s positional duties, must face and accept daily – the conflict between an aspirational paradigm of hope, and the reality of daily pain and anguish.

Thus, for the Federal or Postal employee, we have:  If there is lesser pain today, perhaps I can last through the day; If I show that I am productive this week, then maybe the supervisor will just leave me alone, etc.  As if, “lasting through the day”, or just “being left alone” for a week, a day, an hour, etc., are acceptable standards for living life?  That is why abandonment of all prior paradigms must often be employed in the journey of life, career and fortitude of endurance; we tend to cling on to categories of an “ought” no longer applicable.

For the Federal employee and U.S. Postal worker who can no longer endure the acceptance of the lesser standard when there is an alternative to the constant suffering and persistent harassment at the Federal agency or the U.S. Postal Service, fortunately, there is the ongoing benefit of a Federal Disability Retirement annuity.  Even for that, the road is still difficult and arduous, for the U.S. Office of Personnel Management, the agency that determines all disability retirement applications, does not merely “hand out” the benefit.  Like everything else in life, it must be fought for.

But, then, the Federal or Postal worker who fights for a Federal Disability Retirement benefit can retrospectively declare:  “If not the constant and daily struggle, then at least an annuity to secure my future” – the “exception” to the rule, where the lesser is in fact the greater, but is not always apparently so.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of words and deeds

Does a personal pronoun necessarily attach itself to a deed?  If an opinion is expressed as a formal, generic pronoun, and not in the first person, nominative case, is it still the declaration of the author?  If, following upon the words written or spoken, the individual expressing the viewpoint follows it up with a deed or act, does the one follow from the other?  Is there a causal connection between the two?  Does it matter who says the utterance, as opposed to the content of the pronouncement?

Take the following hypothetical:  say a known liar — one who has been convicted of perjury and has a widespread reputation for spreading falsehoods, gives a speech about the importance of telling the truth, and the content, substance and every which manner of what he says cannot be disputed — do we say we “believe him”, or merely the speech given?

Take the same example, but exchange the individual for a saintly person whom everyone agrees is incapable of lying — but in the course of giving his expressed remarks on the subject at hand, misspeaks.  Does the “lying” suddenly attach itself to the individual, and does the misdeed forever mark the reputation of he who speaks with a badge of dishonor, like unwanted barnacles upon the underside of a boat?

The test of sincerity following upon words, is not more words, but an act which validates the declarative utterance spoken.  It is precisely because of the chasm which exists between words and deeds, that the necessary connection (that elusive element which Hume so brilliantly batted away in destroying the certainty of causation) which brings the two together must be in the retroactive affirmation of the latter to the former; otherwise, hypocrisy would abound (as it does) and words would remain meaningless (as they are).

For Federal employees and U.S. Postal workers who intend to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the added burden of the medical condition itself allows for procrastination to extend the widening chasm between words, intentions and deeds.  Life is a daily struggle where the complexities inure to the aggregation of confusion in prioritizing.  That which is important, may not seem so today, when the stark realities which impact and impede in the immediacy of time can turn theory into distant conjugations, left within the turmoil of thoughts and silent words unspoken.

Filing for Federal Disability Retirement benefits through OPM requires an affirmative act following upon an intention growing within an expanse of needs. Thus, of words and deeds — the former merely initiates the latter, but may never attach itself unless the actual steps are taken in the preparation of an effective OPM Disability Retirement application, remaining hidden and obscured by the quietude of thoughts and the hidden screams of pain.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Comfort Zones

For animals, they are often designated as “arc of flight” — that invisible periphery where violation results in immediate retreat or thoughtless stampede.  For humans, it is identified as one’s “space”, or “privacy bubble”, and while self-control and societal norms have curtailed and somewhat dulled the thousands of years of evolutionary refinements to reactive instincts, the palpable discomfort manifested, the shifting unease of taboos violated, and for some, an onset of panic and heightened anxiety are the resulting characteristics of Darwinian antecedents.

Comfort zones apply to the generic aegis of such unseen safety nets.  For most of us, it is comprised of predictability and the security which comes from repetitive monotony.  That is why, even to one’s detriment, one will cling to the known quantity, even if the attraction of the unknown outweighs with obvious benefits and accruals.  Like the frog which sits calmly in a pot of water ever increasingly rising in temperature, the person who walks about within the confines of one’s comfort zone is in danger always of violative harm.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability to perform all of the essential elements of one’s positional duties, the question of the flashpoint — the intersection of continuing in one’s capacity and the harm it inflicts by doing so — is a complex admixture of needs, wants, comfort zones and the desire to persist.

Federal employees and U.S. Postal workers are a hard-working bunch who, in their collective stubbornness, refuse to give up.  Whether under FERS, CSRS or CSRS Offset matters not; it is not the system, the benefits nor the years of service; rather, it is often the career itself and the involvement with the “mission of the agency”.  It is a sense of belonging, of being part of a group of individuals, an agency, a department, and always with a sense of purpose and sometimes with a clarity of future endeavors.

Having gone to work for these many years, the value of daily routine cannot be underestimated, and therein lies the essence of one’s comfort zone:  life and the foreseeable future.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a violation of one’s comfort zone.  It is tantamount to entering the arc of flight for a flock of sheep, or the privacy bubble at a social gathering.  But when a medical condition mandates the necessity of a step for self-preservation, any consideration for one’s comfort zone should be set aside, as the road to attaining the purposive end of an OPM Disability Retirement annuity may test the very fabric of invisible characteristics yet to be revealed.

Sincerely,

Robert R. McGill, Esquire