OPM Medical Retirement Attorney: The Cauldron of One’s Past

The oversized iron pot hangs over the open fire, and the gurgling of ingredients steams and burps the lid in predictable sequences of rhythmic timing; the aroma is an admixture of sweet and mysterious combinations of one knows-not-what; perhaps of bones, marrow and herbs, here a whiff of something which touches upon the dark recesses of one’s memory, and there a hint of harboring horrors, reminding us of past deeds and loathsome reminiscences.

The figure who stands hunched over the source of pervading uprisings, is covered in a dark shawl; a bony hand gripping the large wooden ladle, mixing, turning, crouching over to sniff and taste; and from the chasm of the figure’s hollow mouth, toothless and echoing a chamber of snorting chafes, the sigh of satisfaction emits, as the cauldron of one’s past is ready to be served.  And so the story goes.

Who among us would want the fullness of one’s past and history of deeds to be revealed?  What pot would hold the full taste of one’s misdeeds, private concerns and actions engaged?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the process itself sometimes feels like one is forced to partake of a witch’s brew — who will be in the mix?  What private information will have to be revealed?  When will the pot of information be ready?  Who will mix the ingredients?  The mysteries contained within the mixture of the witch’s brew is indeed terrifying.  Every process which is unknown and, moreover, unknowable, is one fraught with concerns and trepidation of purpose.

For Federal and Postal employees under FERS, CSRS or CSRS Offset, the decision to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is like the witch’s cauldron — it must bring to the fore one’s current circumstances (the medical condition), the impact upon the future (finances, future job prospects, etc.), and potentially the confrontation with one’s past (agencies love to do that).

The key is to understand the complexities of the administrative process, and to maneuver through the bureaucracy of the witch’s brew.  In doing that, one must always be cognizant of the cauldron of one’s past, and keep out of the reach and grasp of those bony fingers which reach out to encircle one’s throat, lest you become an ingredient in the admixture of the skeletons found at the bottom of the pot.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for the Federal or Postal Employee: Character Questions

Questioning one’s character occurs in multiple guises, by subtle and overt means, through self-reflection and conspiracies of consorts; one can question through self-reflection, when an intended result falls short of expectations; one can do it to others, when that which was promised was unfulfilled; or, we can do it out of sheer meanness, when rumors and unverifiable gossip can eat away at the fabric of one’s unprotected persona and self-image.

The offense of questioning one’s character is grave, indeed, and the responsiveness of reactionary rectitude is often tied to the sensitivity of one’s self-image, the reputation one holds within a given community, and the sense that one must maintain and control the opinions of others.  Indeed, in this world of Facebook and rampant, unconstrained and un-restrainable opinions thrown about throughout the ethereal universe of the Internet, the questioning of one’s character is something which must be responded to with a callous disregard.

For Federal employees and U.S. Postal workers who must contend with a hostile work environment when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the issue of character questioning falls to the forefront without notice, without warning, and without a capacity to quickly respond.  Suddenly,  those years and decades of dedicated service are open to questioning; what one did in the past counts for naught; what one is currently doing is discounted because it falls short of coworkers’ expectations because of the enormous contributions of the past, which now account for little; and what is anticipated for the future is set aside, as one becomes a nobody in a universe which only takes into account the present actions and current accolades.

The fact that a medical condition is the culprit of one’s diminished professional capacity means little; and as the agency rarely reveals any underlying capability for empathy, the choices become limited: filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often the best and most viable option. Federal Disability Retirement is a means to an end:  the means requires that the Federal or Postal employee attains a level of security such that the medical condition itself can be the primary focus; the end is for the Federal or Postal employee to remain productive for the future, and to utilize the talents and as-yet-unrealized contributions to society for the many years to come.

Character questioning is a game of sorts, and one which empty souls and superficial artifices of valueless individuals engage in; the question itself should never involve a self-reflection of doubt based upon the invalid criticism of others, but the forthright confidence of the Federal or Postal employee who still has many years of valuable contributions left, in a society which screams for character.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The Line between Chaos and Order

It is a thin line.  Subject to the winds of perspectives, and often alternating between moods, stimuli encountered; adversarial confrontations may destroy the fragile order held together by sheer will power; and in the end, the appearance of calm and order is often a mere front, a determination to survive another day, when it is the boiling pot of underlying chaos which constitutes the reality of the person in need and crying out for help.

Whether it is to mask the pain of physical conditions by ingesting large quantities of prescribed medications in order to survive the day, while all the time concealing it (or simply not providing the full extent of information) for fear of being disqualified or being sent to a fitness-for-duty examination; or perhaps it is psychiatric in nature, and the fear of revelation and isolation from coworkers, supervisors, etc.  The line between order and chaos is indeed a fragile, almost imperceptibly thin one.

Some refrain from considering filing for Federal Disability Retirement precisely because, to do so would be a self-admission that the necessity of filing reflects the seriousness of that growing chaos.  But such chaos can only be contained for a period of a day, a month, perhaps several months, before it begins to manifest itself in ways that others will begin to take note.

Like the largest organ of the human body — our skin — which holds together the complexity of the human body with all of its organs, intestines and the gory details of our inner self, in order to make the human appearance presentable; likewise, the chaos within is contained by a slim margin.

Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a benefit which allows for that recuperative time in order to settle the chaos; for the Federal and Postal worker who treads the tightrope of a progressive medical condition which is beginning to impact one’s ability to perform the essential elements of one’s job, it is an option which must be considered.  Otherwise, the thin line between chaos and order may be trampled upon, thereby exposing the true nature of one’s internal condition, thus revealing the reality of our lives.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Close Encounters of the Third Kind

The title reference, of course, is to the old Spielberg film concerning contact with an alien being; but such a remote, rare and unique experience need not be with an entity from another galaxy or planet, but can be closer to home.

Most people will never need to experience engagement with the U.S. Office of Personnel Management, OPM Division of Disability, Reconsiderations and Appeals, in order to apply for Federal Disability Retirement benefits (whether under FERS or CSRS), leaving aside having to file an appeal to the U.S. Merit Systems Protection Board.

But when the Federal or Postal employee finds him/herself in such a unique situation such that contact with the U.S. Office of Personnel Management or the MSPB becomes necessary, such an experience will be as peculiar and strange an an encounter of the “third kind”.  Moreover, the experience itself may be an unwanted and unpleasant one, because it is something accomplished and pursued while experiencing a personal crisis involving a medical condition.

The encounter itself — however strange, unpleasant or unwanted — nevertheless is a reality which must be dealt with, and in so doing, it should be done in as efficient a manner as possible.

In an initial encounter with an alien being, one would assume that there might be some trepidation and reluctance, mixed with a great amount of suspicion.  That would be natural.  In a similar encounter with the U.S. Office of Personnel Management, it is best to also have a healthy dose of skepticism; better yet, you might want to contact an expert who has had some past experience in dealing with the entity.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Disability Retirement: The Spectrum of Necessity

Preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS becomes a consequential necessity arising from the impact of one’s medical conditions upon the ability or inability to perform the essential elements of one’s job.

The medical condition, whether chronic or situational; whether a single episode or recurrent; or whether from a singularly traumatic event or one of progressive deterioration — the present impact of the medical condition and its likely impact for 12 months or more into the future, as a prognosis by the doctor based upon reasonable medical probability is far more relevant than the historical origin of the medical condition.

The Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits is often focused, with myopic distractions and irrelevancies, which may be detrimental to the successful outcome of attempting to prove one’s eligibility, upon events, history, and symptoms which have little or no effect upon the criteria of eligibility for Federal Disability Retirement benefits.  

Each professional has a specific purpose, and it is important to recognize the specific purpose for which a professional has been retained. Thus, the medical doctor’s job is to attempt to treat the medical condition; the therapist’s job is to provide therapeutic intervention through various means for tapping into the psychology of one’s problems; the physical therapist’s purpose is to set physical goals and attempt to increase flexibility, mobility, reduce pain thresholds, etc.  

The job of an attorney, in representing a Federal or Postal employee to obtain Federal Disability Retirement benefits under FERS or CSRS from the Office of Personnel Management, is to prove by a preponderance of the evidence that a Federal or Postal employee meets the legal criteria set by statutes, regulations and case-law.  

There is a spectrum of necessity which each professional must meet, and while the spectrum sometimes blurs one into another, such that the distinct lines may become somewhat indeterminate, the singular focus of an attorney who is hired to obtain Federal Disability Retirement benefits under FERS or CSRS should be to always do that which is required on the spectrum of necessity, to meet the legal criteria.  

For, in the end, it is the approval letter from the Office of Personnel Management which the Federal or Postal employee seeks.  Once sought and obtained, the job has been accomplished.

Sincerely,

Robert R. McGill, Esquire