FERS Medical Retirement from OPM: Back to Basics

Aristotle always refers back to foundational principles — back to ‘first principles’, or to the basics of life.   And so we must always keep that in mind too, even in — or especially when — filing a Disability Retirement application under the FERS retirement system with the U.S. Office of Personnel Management.

Yes, there are always a multiplicity of ancillary issues involved — of Agency efforts for accommodating the employee, of the character of a proposed separation of the Federal or Postal employee, and the subsequent invocation of the Bruner Presumption.  But in the end, it goes back to the first principles — the medical condition itself.  What are the symptoms; what is it about the condition itself which makes it inherently incompatible with the essential duties of the position; what is it about the incompatible nature of the condition that OPM fails to appreciate?

The health condition itself — that devastating failure of the body and/or the mind which profoundly alters one’s chosen career, character, and life.  How much more ‘basic’ can it get?

One’s career is often inseparable from one’s self-identity and consumes a greater proportion of time than most any other activity.  Yes, yes, we give lip service, to ‘family-time’ and ‘leisure time’, etc. but the reality is that we expend most of our own energies in pursuing our careers, and that is why when an injury, illness, or disability hits us, it has devastating consequences.  And so it must begin with the foundation of the first principle — of the basic medical condition, and from there — to build from it.

Of course those issues which OPM takes advantage of — the ancillary concepts of Agency accommodations, of applying relevant case law and preemptively addressing those pitfalls which OPM seems to take pleasure in forming the basis of a denial, but that all begins with the basic understanding of those first principles — the originating medical condition itself.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition and need to file for Federal Disability Retirement under FERS with the U.S. Office of Personnel Management, those overlooked first principles must be the originating source in compiling an effective FERS Disability Retirement application.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement under FERS, and consider whether beginning from the “basics” may be in fact the best way to start.

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.

 

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.

 

OPM Disability Retirement Legal Assistance: The Fragile State

There are perhaps times in which we all face such a state — of a death in the family; financial or other problems; an unexpected accident or incident; a medical condition.

The fragile state of our being does not have to come about as a result of a single event; it can, as well, creep up on us over a period of time.  Perhaps it begins with a minor irritant — of trouble getting to sleep, first for a few hours, then growing into nightly turning and tossing; a chest pain; a sudden outburst of anger, uncharacteristic and surprising even to the individual; a sense of depression which begins to overtake you on mornings; a tiredness that turns into exhaustion, which then incrementally follows the lead of profound fatigue; and like the seasons which change but of which we fail to notice, we look up at the trees one morning and realize that all of the leaves have disappeared from the trembling branches of the maple tree.

When does a medical condition turn from incidental to chronic?  When does the state of a person’s being turn into a fragile state?  When did you become “disabled”?

Medical conditions are more often than not — not a point of pinpoint accuracy, but over a continuum, a spectrum of time.  You may never be able to pinpoint the exact moment when the fragile state arrived, but when it occurs, it is time to begin preparing for an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing an effective OPM Disability Retirement application, knowing that the fragile state has unfortunately arrived.

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.

 

OPM Disability Retirement under FERS: The Disjunctive

In classical logic, the disjunctive can be posed in syllogistic form: Either A or B but not both; Not A; Therefore, B.  Jack lives in either Apartment A or in Apartment B, but not in both.  He does not live in Apartment A.  Therefore, Jack lives in Apartment B.

It is, in many ways, a crossroads, where the proverbial fork-in-the-road requires a decision.  What the disjunctive syllogism does not do, of course, is to take in the third option — of doing nothing; of not moving from decision-making to action; in which case, that third option often results in paralysis, further deterioration and consuming negation.

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, inertia at the crossroads of one’s career can result in the devastation of further ruination: Being placed on a Performance Improvement Plan; further deterioration of one’s own health; Termination from Federal Service.

Filing for Federal Disability Retirement benefits under FERS is option B.  Option A is to remain at the job at the cost of one’s health, and that is certainly no option at all.  And option C?  To resign and walk away with nothing after all of that vested time with the Federal Government?  That, too, is not really a viable option.

Contact a disability lawyer to discuss the further particulars of your case, and consider the syllogistic value of the disjunctive.

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.

 

OPM Disability Retirement Benefits: The Bridge to Nowhere

It is a metaphor which evokes images of hopelessness and futility, if such images can indeed be captured at all.  Whether of an attitude, a perspective or the existential reality of one’s personal circumstances, the question is, Why was the bridge to nowhere built to begin with?  There it stands, in mid-construction, suspended but unfinished, not leading to anywhere, not going in any particular direction, not coming from any place known.

It is often how we feel in the middle of our lives.  One has only to sit in a cafe, by a window, and watch the midday rush of people coming and going, seemingly with purpose, appearing with decisiveness, until you catch the gaze of someone passing — a knowing look, a pause, a hesitation; and at that moment of illumination, the stranger and you both know that the constant, ant-like activity is merely a whirl of coming and going upon a bridge to nowhere.

The furious pace of life; of rushing to get to work, working, then rushing to get home within a factory of people uncaring and unaware.  Then, when calamity hits — a medical condition that interrupts, intercedes and imposes its existence upon you — suddenly the routine of ferocious activity finds meaning in the very meaninglessness felt the moment before.

For Federal employees and U.S. Postal workers who can no longer perform one or more of the essential elements of one’s Federal job because of a medical condition, the sense that one is driving upon a bridge to nowhere is common and troubling.  Of course one’s health should be a priority; and of course work, the “mission” of the Federal agency and the harassment that is initiated without empathy or understanding — all of that stuff should be secondary and subordinated to taking care of one’s health.

Filing for FERS Disability Retirement benefits is the recognition that the bridge to nowhere will not take you anywhere, and it is in order to regain that insight of meaningfulness that it is important to prepare, formulate and file an effective Federal Disability Retirement application in order to focus upon the importance of priorities shoved aside — like one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: Revisiting Updike

He wrote about mundane things; of middle class neighborhoods, Pennsylvania towns in which he grew up; farmlands before strip malls replaced them against the skyline of cornfield rows; and of affairs that grew naturally out of a revolution emancipated from the Sixties; of quiet sufferings and the rhythmic monotony of ordinary lives.

John Updike was an “in-betweener” — too young to fight in WWII, too old to have been drafter for the Vietnam debacle; and so he experienced the quietude and normalcy in between the two bookends of this country’s tumult and trials.

Updike was a voice for generations who saw the post-war era, of baby-boomers and American prosperity at its zenith; of the loss of any normative confluence of moral dictum and the abandonment of constraints once imposed by Protestantism.  All, of course, with a twinkle in his eye and a ready smile.  The Internet abounds with photographs of this uniquely American author — almost all with that thin smile as if he was about to share a private joke.

The Tetralogy of the Rabbit novels (actually a quintet if you include the last of the series, a novella entitled “Rabbit Remembered”) evinces a country gone soft after the harsh period of the Great Depression, the Second World War, the Korean conflict and the Vietnam era that undermined the ethical mandates known for generations before, unleashing a liberty of hidden sins like a bubbling cauldron of untamed desires.  But in the end, he is best known for the mundane, the ordinary, and how life in the suburbs of a prosperous nation left an emptiness unspeakable except by a voice given in narrative brilliance, from an author who was a regular contributor to The New Yorker.

Somehow, he made the ordinary seem exciting, even relevant.  By contrast, modernity has focused upon the rich and famous, and of greater unreachable glamour where perfection surpasses pragmatism.  Updike was able to make the commonplace seem important, the ordinary appear significant and the monotony of the mundane as not merely prosaic.  And isn’t that all that we seek, in the 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, the loss of relevance, the ordinary and the commonplace is what often scares the Federal or Postal employee.

The job itself; the career; the monotonous routine of going to work, yet finding relevance in the act of “making a living” — these were all taken for granted in Updike’s short stories.  That other stuff — of infidelities and dalliances — were a deviation that Updike tried to point out as mere fluff in otherwise ordinary lives; and of medical conditions, they upend and disrupt the normalcy we all crave.

Federal Disability Retirement is a means to an end — of bringing back balance within a life that has become disrupted, but it is a way to bring back order where disruption to the mundane has left behind a trail of chaos.  And to that, the twinkle in Updike’s eyes and the thin smile would tell us that he would approve of such a move which will return you back to a life of mundane normalcy.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Ducks out of place

Ducks by the pond; out in the fields of wheat and grain; of picturesque paintings of a scene upon the countryside; in parks and near still waters; or on a farm where the pastoral beauty of serenity of times now gone forever, replaced by metal, concrete, the noise of technology and the sniping fire of man’s presence.

Then, 2 ducks — presumably male and female — land upon a winter’s edge in a suburban neighborhood, and make their nesting place for a fortnight’s term.  They stay.  They wander about between hedge groves that splinter and divide, and where fences left untended allow for lines of ownership to remain fallow with the decay of summer’s drought.

The people mill about and recognize their presence, and over time a truce remains where delight of settings long forgotten pace themselves with life’s forlorn smile that yes, perhaps time has lost upon the space of unrelenting callousness, where even the ducks out of place can no longer bring back the memories of youthful days when summer was but the sands of timeless waves when laughter boiled over and pleasures were yet innocent in days beyond the garden of Eden’s gates.

And we realize that, like the ducks left out of place who came mistakenly to believe that the pastoral interludes of gardens tended in the manicured lawns of suburbia represented the quietude of yesterday’s forests and streams allowing for peace upon a winter’s day, we are the misfits of a universe left to toil in the meandering thoughtlessness of cruelty’s longing.

Then, one night, the crazy neighbor whom everyone shunned, came out in the midst of night’s yawn and shot them both with a single shotgun blast.  The ducks out of place were left to remain in the misery of their misunderstanding, that somehow nature and man could find a compromise, when compromise’s twilight had long since been forgotten.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, preparing a Federal Disability Retirement application — to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — becomes a necessity when you begin to recognize that, like ducks out of place, you have become the “odd man out” within a Federal agency or the Postal Service that deems you to no longer be “worth” it.

Whatever the “it” is, you have become the castigated castaway that becomes the focal point of distrust and harassment.  Do not wait to hope that accommodations will be forthcoming; in the setting of a Federal Agency or the Postal Service, the pastoral picture of a helpful agency is rare and indifferent, and the best way forward is to prepare, formulate and file an effective Federal Disability Retirement application, submitted to OPM in order to avoid the fate of those ducks out of place.

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

 

Federal Disability Retirement: “I would rather. . .”

The ellipses that follows is from the Ancient Greek that denotes “omission” or “that something which follows which is left blank”, and allows for wandering thoughts and meandering reflections to complete the lack.  What is the range of an acceptable addendum?  Does it matter what the prefatory statement allows for, and does the logic of its completion depend upon the spectrum of grammatical technicalities that confine and maintain boundaries of meaningful discourse?

For example, what if a person was asked to complete the incomplete sentence, and the response is:  “I would rather [red, blue, pink and all of the flowers in the universe].”  Would we say to the person, “Wait a minute, I asked you to complete the thought and you have provided me with gibberish.”?  And he/she comes back with:  “That’s how I would finish the sentence, because that’s how I feel.”   Would that be allowable?  Or, should the rules of grammar confine and restrict, so that the formality of completion should reflect a coherence that is expected and anticipated, such as, “I would rather [be at the beach than going into work today]”?

In the insular universe of private thoughts, of course, we can add whatever fanciful thoughts that infringe upon the uncertainty of our subconscious minds; but when the breach between private/public dichotomy occurs, suddenly we are thrown into an arena that restricts and confines, and compels us to follow the rules of conversational efficiency, including grammatical rules, traditional sense of coherence, logical consistency and meaningful conceptual constructs.  Exiting the arena of private thoughts right into the concentric complexities of the public world alters the rules of engagement.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact, prevent and block the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, the critical point of departure — from breaching that dichotomy between the insular world of the “private” and stepping over into the “public” — begins when first there is an admission that a “problem” exists.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, is likened to completing the fanciful thought that begins with, “I would rather…”.  The replacement of the ellipses can have many forms, restricted and delimited by grammatical constrictions and  restrictive contexts, but no Federal or Postal employee who begins the process ends such a sentence with, “I would rather … [be on disability retirement than be healthy and continue to remain in my chosen career].

Those who believe that there is a scintilla of coherence or meaningfulness in such a sentence do not know Federal and Postal employees.  Instead, it is a choice resulting from limited options, but sometime the best one available, as filing for an OPM Disability Retirement may be the only alternative where other such contingencies have already been exhausted.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The restorative morning

That is the purpose of sleep, is it not?  Or so we anthropomorphically attribute.  Is that the only reason for the somnolence that overwhelms, the snore that momentarily suspends in the air and pauses for people to smile, to be horrified or laugh because of the incongruence of the sound that shatters the quietude of twilight? Do humans sleep more soundly than other species? Is it really necessary to maintain a certain spectrum of that “rapid eye movement” (REM), or to be in a deep slumber, a state of subconscious quietude, etc., in order to attain that level of restorative sleep such that the morning itself is declaratively managed with rest and a sense of calm?

The restorative morning is that which follows a good night’s sleep; it is when the body is energized, the mind is ready to pounce with an excessive amount of acuity barely containable, and the combination of a night’s rest with boundless determination overcomes the previous period’s fatigue and exhaustion from the stresses of the day.

Do other species require sound sleep?  Or, did evolution favor the animal that can sleep, yet be awoken in response to an instinctual drive to survive, such that the mere bending of a blade of grass a hundred yards away will awaken with an alarm ready to defend and fight, or whisk away in flight?

It is the lack of it that creates that level of profound fatigue that goes beyond mere tiredness or exhaustion.  Modernity requires restorative sleep precisely because so much of our workforce engages in cognitive-intensive employment that places great stresses not just upon the physical capacity of the human animal, but upon the mental/psychological — stresses that pound away with untold and unmeasurable harm on a daily, consistent and progressively deteriorating manner.  Did nature and evolution factor in the way that we live in modernity?  Likely, not.

In Nature, there are no restorative mornings — only the calm that pervades and hides the predatory instincts and the ongoing battles that go on daily, minute-by-minute in this unforgiving universe of predators and prey; and so it is that we have created a reflection of that life-and-death struggle in this modern world we live in.

For Federal employees and U.S. Postal workers who struggle with profound fatigue, loss of any semblance of restorative sleep, and unrepentant diminishment of focus, concentration and the capacity to maintain an acuity of mind, it may be time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sleep Disorders are not just a constant reminder of the stresses that impact us in this high-tech world, but is also a basis in which to qualify for Federal Disability Retirement, when profound fatigue sets in and non-restorative sleep impacts one’s ability and capacity to perform all of the essential elements of one’s cognitive-intensive job.  Whether under FERS, CSRS or CSRS Offset, it may be time to consider preparing, formulating and filing for Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire