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 & 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

 

FERS & CSRS Disability Retirement for Employees from the Postal Service and Other Federal Agencies: Things That Go Bump in the Night

The nightmare of filing for FERS Disability Retirement in times of financial, emotional, and medical needs

Whether or not childhood fear and traumas have a long-term impact in determinable ways upon reactive capacities later in life; to what extent regularity of behaviors, consistency of habitual living, and early imprinting mechanisms influence subconscious firings of synapses, remains within the mysterious realm of esoteric knowledge investigated and analyzed by the coalescence of science, philosophy and psychology; but it is the lay person who must, during the process of unfolding discovery and wisdom, live the consequences of actions impacted by others.

Sometimes, however, it is not what others do, but rather, circumstances which manifest of untold trauma and misery, for which no explanation but a shrug of one’s shoulders can presume.  Medical conditions fall into that category.  How one reacts to it; the extent of the impact upon one’s life, livelihood and future; and the preparations one must undertake in order to secure the betterment for one’s life when once you get beyond the condition itself, if ever; these are all concerns and pathways of responsibilities which fall upon a person who suddenly finds him or herself with a medical condition of significant magnitude.

Whether physical in nature — where orthopedic pain, limitation of flexion and movement; chronic pain, profound fatigue, or neurological issues resulting from disc desiccation, internal derangement of joints, etc.; or of psychiatric issues encompassing the many complex diagnoses, including Bipolar Disorder, pain and anxiety issues, Major Depression, depressive disorders; it matters not in the end, for either and both impact those decisions which one must make in determining the pathway of one’s future.

For Federal employees and U.S. Postal workers who find that a medical condition impacts one or more of the essential elements of one’s job, consideration must always be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

For Federal Disability Retirement, preconditions and pre-existing conditions matter not; it is not like an OWCP claim where the focus of query may attempt to undermine a claim based upon the origin of the condition; and so the “how” and the “why” are not relevant issues, as in “how did it happen” or “why did it occur”?  The relevant inquiry does not encompass the “time before”; it does not delve into the deep reaches of one’s damaged psyche, or of preexistent traumas in the far recesses of damaged lives.

Whether or not things go bump in the night when once we become adults matters less, than the experiential trauma of having to deal with present issues that impact one immediately.  Taking care of life’s interruptions is a necessary component of living, and for Federal and Postal workers whose future avenue of livelihood is impacted by a medical condition, preparing, formulating and filing for Federal OPM Disability Retirement is of paramount importance.

Bumps always tend to occur in the night; it is what the “thing” is that we must identify and resolve, and what bodes for the uncertain future into which we must venture.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: Always the Fundamentals

Whether or at what stage of the process the Federal employee or the U.S. Postal worker finds him/herself in, it is always essential to harken back to the fundamentals of the legal criteria to meet.

One can become sidetracked by the complexity of the process; and, indeed, the bureaucratic, procedural hoops which one must always keep in mind while maneuvering through the process, tend to obfuscate and confuse.  Bureaucracies thrive upon complexities, just as most professions do; the greater the complexity, the higher need for continuation of the employment of experts to propagate the systemically confounding process.

In engaging the process itself, the Federal and Postal employee must distinguish between procedural issues and substantive cores; the administrative steps of the “what” to do, in contrast to the substantive evidence to be submitted.  Both are equally important; for, without the former, it may never reach the U.S. Office of Personnel Management, and without the latter, even if it reaches the destination point, it may fail to meet the preponderance of the evidence test and attain a level of evidentiary sufficiency to make a difference.

Whether at the Initial Stage of the process, the Reconsideration Stage, or even an appeal to the U.S.Merit Systems Protection Board, it is always essential to keep in mind that the fundamentals of the case must always be kept at the fore.

Remember:  This is a “medical” disability retirement; the conduct of others, the meanness of coworkers, the harassment encountered, and the ill-treatment received over the years; while hurtful, and perhaps the catalyst for resentment, they are not the paths to follow in preparing, formulating and filing for Federal Employee Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS, or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Afterthought

It is perhaps best that anticipatory planning, based upon predictive analytics, is an afterthought for human intuition and predilection of priorities in life.  Otherwise, one can remain in a world of obsessive preventative maintenance of efforts, and never accomplish what needs to be done today.

Future forebodings aside, and whether an individual engages in hazardous duties which exponentially increase the statistical curve for the onset of an occupational disease or injury, or the development of a medical condition through repetitive and overuse of a particular appendage or anatomy; regardless, the bifurcation of thought from the daily aches and pains from one’s body, warning of impending and future difficulties, is ignored and banished, to be reflected upon in some future corner of pondering.

Human beings have an almost unlimited capacity for relegating present concerns to the realm of an afterthought, and the benefit of disability retirement will naturally take a backseat for those in the youthful set, precisely because disability is associated with thoughts of avoidance, sort of in the company of old age, infirmity, and early onset of dementia.  As well it should be.  But for Federal employees and U.S. Postal workers who find themselves with a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s job, and therefore becomes a threat to one’s livelihood, the afterthought becomes the primary issue, and it is then that one sounds a heavy sigh of relief in knowing that an employment benefit includes a Federal Disability Retirement packet.  But once the acknowledgment comes to the fore, the reality further hits one, that you must prove your case, and it is not merely a matter of entitlement.

Federal Disability Retirement, filed through one’s agency if you are not separated for over 31 days, must ultimately arrive at the doorstep of the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  OPM is the agency which makes the decision upon a Federal Disability Retirement application (and that’s the reason why this medical benefit is also known as ”OPM Disability Retirement”).

While there are minimum time in-service requirements (18 months under FERS and 5 years under CSRS), it is the compendium of proving one’s case under the legal standard of preponderance of the evidence, which must be submitted in order to win.  Afterthoughts are human evolutionary means of avoiding unseen dangers; but when the afterthought becomes a present danger, it is time to become aware of the surroundings, context, and content of the formidable opponent one must face.

Sincerely,

Robert R. McGill, Esquire