FERS Medical Disability Benefits: Connections

Much of them are derived by tradition.  Time was, there was never a question about it because the foundational unit of a family constituted the basis of our connections.  Transience; the ability to move to places afar; the invention of the automobile; these, and much more, brought the question of connections to the fore, to the extent that technology companies convinced everyone that “connectivity” was something needed, desired and missing.

Of course, one might argue that this country never developed any “traditions”, and that we have always been an aggregation of leftovers.  This is a country without connections.  The connections were severed through migration and immigration, and ours is a population of connection-less peoples.  So, what is the solution?  Or, is it even a problem?

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 having that close connection, anymore, to the workplace, to coworkers, to the Agency or the Postal Service itself resulting from an overwhelming sense of isolation as a consequence of the illness or disability itself — preparing an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS) through the U.S. Office of Personnel Management will fulfill two tasks: One, it will cut off the connection to your former career, and perhaps your “former self”, but in addition (and Two), it will allow for the connection to a greater priority: your health.

Connections are important; but, sometimes, to disconnect in order to make connections to greater and more important issues is a recognition which may result in the greatest of all connections: That of making the proper decision, and thereby attaining the higher connection of wisdom.

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 Law: Not Knowing

Not knowing is not the same as not wanting to know; and, moreover, it is distinct from knowing but ignoring the knowledge and refusing to make the connections necessary and easily recognizable, and perhaps even claiming to not know.

Finding a wad of hundred-dollar bills on the sidewalk, picking it up and pocketing it, then claiming to not know how it got there, may be a justified position to assume — unless, of course, you saw who dropped it but failed to act upon it.  What if you saw who dropped it, didn’t know who the person was, and didn’t try and catch the person before the person left?  Does it make a difference?

Not knowing and claiming to not know are two different things.  In law, however, whether you did not know or were not informed in order to know, is a distinction without a difference.  The phrase, “Ignorance of the law is no excuse” is generally applicable, and in Federal Disability Retirement Law, it applies strictly.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that you may be entitled to Federal Disability Retirement benefits, contact an experienced lawyer who knows the Law so that not knowing the law will not prejudice you.

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 Benefits: Obstacles

There are many in life; whether of financial, physical, intellectual or emotional; whether we are born with certain God-given talents or lack them in excess of explicit ignorance; or whether we are born with that proverbial “silver spoon in our mouths” or not, the burden we carry is like John Bunyan’s heavy knapsack, of the sins we create and carry.

Some obstacles are objectively in existence and have no relationship to the ones we create; others, within ourselves and created by the ghosts of our past deeds.  To what extent are the obstacles which prevent us from advancing merely the emotional difficulties we bring about?

Certainly, this world is an “unfair” one — one in which who one is born to, where one is a citizen of, and to which “class” we belong to plays a large role in who we can become; and in the end, sheer will and determination to succeed may not be enough.  The 5’ 10” young man who is born with spindly legs and lack of coordination will likely never become a professional basketball player no matter how hard he tries; and the individual who lacks a foundation of talent in any given area certainly faces obstacles beyond the reach of dreams or hopes; but is that the definition of “fairness” or “unfairness”?

Early on, it is important to assess one’s circumstances, talents and opportunities, and tailor our goals accordingly.  Should you “shoot for the stars”, nevertheless?  Possibly — but still, with an objective assessment.

How about when you engage in a process like filing for Federal Disability Retirement benefits?  Should you make a similar assessment about the obstacles to be faced?  As in life generally, so should the same rules apply before entering the complex arena of Federal Disability Retirement Law.

As trying to obtain a Federal Disability Retirement annuity presents multiple obstacles, so should the Federal or Postal employee contemplating filing for the benefit of Federal Disability Retirement reach out to a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law and consider the options, the difficulties — the obstacles — before pursuing such a benefit.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The compelling reason

What makes a “reason” to do something “compelling”, as opposed to voluntary or optional?  Is it when the choices given are no longer existent and one must by necessity or default act — not out of choice but by being forced to?  Is it the unwillingness of the individual that defines the act, or the lack of alternatives remaining that determines the defined moment?

Or, perhaps it is a “feeling” of involuntariness that justifies the declaration that there was a “compelling reason” to do X or Y, which would create an oxymoron of sorts, to breathe the utterance of “feeling” alongside “reason” in the same sentence.  Is there ever a compelling reason to do or to say something, or is it all voluntarily undertaken, just some acts or declaratives taken with better reasons than others?

For the Federal employee or U.S. Postal worker who suffers 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 oner’s Federal or Postal job, is there ever a compelling reason to inform the agency prior to a submission of a Federal Disability Retirement application that one has an “intention” to do so?

If the Federal or Postal employee is under pressure because he or she has already exhausted all SL and AL, and has used up the weeks of FMLA that have garnered some semblance of protection, is it a good idea to inform one’s Federal Agency or the Postmaster of one’s facility that you are gathering the necessary information to prepare a Federal Disability Retirement application?

The general rule in such matters is: Unless there is a compelling reason, Don’t.  However, each individual case is different, and unique and particularized circumstances may well define what the “compelling reason” is — as to whether it is indeed “compelling”, or even a good enough “reason”, as opposed to a “feeling” that one possesses.

In the end, the compelling reason is the one that is made without alternatives to consider; but alternatives are the reason why you should consult with an attorney who specializes in Federal Disability Retirement, precisely in order to consider those options which you may not even be aware of.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.

For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct and differentiated by the increasing severity of the criteria to be applied, but in the end, the juror who goes back into the room to consider the guilt or innocence, the fault or apportioned negligence, is entirely subjective.

For, is there a clear demarcation as to what “reasonable” is?  Can one delineate what is “clear” to one and “convincing” to another?  If a witness has perfect recall and a persuasive manner of telling a “story”, if one juror blurts out, “Oh, but his eye twitched and he was clearly lying through his teeth!” – what then?  And the concept that one side has a “preponderance of the evidence”, or to put it in different but equally confusing terms like “more likely than not” or “the greater weight of truth” – what do all of these analogies and metaphors mean, in the end?

Surely, there are the “easy” cases – an entire football stadium who saw a man shoot another, and the assailant who confesses to the murder; these, we can say are “beyond a reasonable doubt”, but even then, a single juror who has a beef against societal constrains can “nullify” a verdict by holding out.  So, what is the answer (or, for some who are still confused, “what is the question”)?

For Federal employees and U.S. Postal workers who are entering the legal arena of preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the expectation, of course, is that the OPM Medical Retirement application will be approved at the first or second stages of the process – i.e., at the Initial Stage of filing a Federal Disability Retirement application with OPM, or at the “Reconsideration Stage” of the process after an initial denial.

That being said, the Federal or Postal employee must – and should – consider the Third Stage of the Federal Disability Retirement process, which involves an Administrative Judge before the U.S. Merit Systems Protection Board.  That is when the legal standard of “Preponderance of the Evidence” will ultimately become relevant and operative, and where the evidence gathered and the amalgamation of arguments proffered becomes a basis for testing the validity of legal standards and the meaningful application of the law, evidence, and statutory interpretations.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Employment: The Methodological Approach

Many call in a frenzy of confusion, admitting openly of being lost and not knowing where to begin.  That is always the starting point, as even Socrates conceded — of the hope of knowledge beginning upon a recognition of not knowing (though, if one looked carefully and scrutinized the face and eyes of the old sage, one probably gleaned a twinkle of sly naughtiness).

Philosophy began in ignorance, and from there, attempted to ascertain a methodology of approaching problems in a systematic way, in order to overcome the shortcomings of man’s frenetic inclinations.  Identifying and ascertaining a knowledge of a criteria, a system of approaching problems, and an applied methodology of solving, is the preferable way than that of plugging holes where leaks appear.

Thus, for Federal employees and U.S. Postal workers who need to file 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, it is often necessary to formulate a sequential strategy at the outset, before embarking upon the dark abyss of preparing, formulating and filing for OPM Federal Disability Retirement benefits.

Should certain information be gathered prior to completing the standard forms?  Yes.  What forms are “central” to a Federal Disability Retirement application?  Certainly, all of them, but if timeliness is an issue and the 1-year Statute of Limitations is suddenly upon the Federal or Postal employee attempting to file, then the SF 3107, Application for Immediate Retirement, including Schedules A, B & C, as well as SF 3112A, Applicant’s Statement of Disability, must all concurrently be prepared for immediate submission.

Identification of the essential as opposed to the bifurcated peripheral must be realized; compilation of the proper information, and the laws governing supplementing a Federal Disability Retirement application is essential for a successful outcome.

In the end, as it turns out, Socrates knew much more than he revealed; but the sly sage was wise enough not to engage in the solipsism of later years, like Descartes and the French Existentialists, and by recognizing that lack of knowledge and the admission of such vacuity is the first step towards wisdom, he was able to initiate the prefatory questions in the quest for knowledge in a world devoid of both.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Trinkets We Hold Dear

If value of item determines retention of possession, then few trinkets would survive the test of economic viability; but a quick perusal of one’s home will often discover large caches of sentimental liabilities strewn throughout.  What determines value, then?  Is it the monetization of an item?  Or perhaps the psychological attachment, combined with the economic forces in capitalism of supply and demand?

Real estate values soar and plummet daily, and when one considers the “high end” fluctuations where market reductions may comprise differences in the millions, one wonders about “true value” and “false valuations” of goods and services whether small or large.  If you go through your house and begin to account for the trinkets we have amassed, is it because of the monetary value attached that we continue to retain it, or the memories and golden threads of psychological ties which bind?  Is it not often the same with other issues in one’s life — of even friendships, pets and jobs?

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, the question one needs to ask at the outset is:  Why are we holding onto this trinket for dear life?  Is it really worth it?  At what cost?  What are the ties that bind?

Filing for OPM Disability Retirement is always a traumatic event; for, it is a dramatic change, often within a context of caustic and hostile circumstances.  But to remain is rarely an option; to walk away with nothing is not a wise one; so, one is often left with the best alternative possible:  to prepare, formulate and file 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.

And like the trinket which holds one bound to memories of yore unblemished in their reflective delights of past warmth, they remain so, like the pitter-patter of a soft summer day’s cloudburst, stopping only to reveal the misty haze of a childhood dream.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Limbo Eruptions

Of certain politicians, it has become commonplace to expect such occurrences, but with a slight change in consonants in the first word.  As it stands, however, the word as left alone is a state of another kind; not of relational states of erotic ecstasy, but rather a border on the region of heaven or hell, where an intermediate state of oblivion exists in a transitional state of suspension.  To that extent, perhaps the two concepts are similar.

Such eruptions of inactivity and suspension are intangible and untenable; human beings, by nature, are vibrant beings constantly “on the move“, and wanting always to advance, progress and contribute to the aggregation of societal cauldron of accomplishments.  That is why, when a Federal employee or a U.S. Postal worker finds him or herself in a state of rancid and stale waters, where a medical condition paralyzes any progress and prevents the Federal or Postal employee from performing the requisite and essential elements of one’s Federal position, it is tantamount to experiencing a limbo eruption.

How long it lasts; to what extent it freezes; and when it will end; these are questions which only the paramour of time would know; and the bed which is being made is the price of warmth or cold one must endure if the Federal or Postal employee insists upon staying in that relationship.  For, like the “other” such similar-sounding concept, the limbo eruption can become a permanent feature of one’s transitional state, unless one files for Federal OPM Disability Retirement benefits under FERS, CSRS or CSRS Offset.

Federal Disability Retirement is not only an option, but a benefit one can fight for, if one meets all of the eligibility criteria as revealed in the Federal Disability Retirement laws governing the state of affairs.

Filing it may seem easy; obtaining it is not so easily accomplished; securing it for one’s future can sometimes be daunting.  But like the illicit eruptions which are sure to come for unnamed but otherwise well-known individuals, the limbo eruption of the Federal or 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 Federal positional duties, must surely be overcome, lest the bed made is suddenly discovered by the jealous spouse who suspects more than a mere hug in the middle of the night.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Masking Imperfections

Have you ever noticed how British actors don’t have the same perfectly white teeth as their American counterparts?  Or, for that matter, any non-American, foreign television personality; unless, of course, they have lived here for a few years, in which case they have already undergone the cosmetic transformation of dental voila.  Beware of that which one preaches for others; for, someday, it may come back to embrace the hypocrisy of one’s being.  Yet, when something becomes the normative standard for everyone, then boredom and monotony of purpose begins to set in.

Thus do we require perfection of those television personalities which appear on various channels, and models and movie stars and even fill-ins and “extras”; and soon it appears as if everyone is born with a perfect set of teeth.  With perfection comes intransigence; and soon thereafter, intolerance for any miscreant of societal norms.  For all the talk about inclusion and acceptance, the one conflagration of discrimination always involves the ethereal universe of being “different” from others.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service, the fear of failing the standards of perfection predicated upon a public perception of tolerant intolerance, pervades us all.

Let me elaborate for a moment:  We require perfection of personalities which we never meet but view daily; such a requirement ultimately reverberates throughout society and the psyche of a country; we carry forth that aura of requisite perfection, and begin to believe in the very lies of our own making.  That is the subtle insidiousness of imposed standards which we never asked for, rarely noticed and fleetingly thought about.  So the question becomes, Why do we then take such efforts to mask our imperfections?

Medical conditions are a fact of life.  Being included in the greater realm of “beautiful people” is that harkening back to those pre-teen years of wanting to be part of the clique that was cool.  When hostility and exclusion at the Federal agency or the U.S. Postal Service becomes unbearable, it becomes the exacerbating trigger of greater pain and anguish resulting through the medical condition one already suffers from.

It is time, then, to file 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.  Time for a change; time to unmask the masking of perfection; and time to move on beyond the cliquish immaturity of normative standards and relegate them to the vestiges of quiet failings.

Sincerely,

Robert R. McGill, Esquire