Legal Representation on Federal Disability Claims: What we value

We give lip-service about the things we claim to value.  One’s intentions often satisfy the guilt we secretly harbor, whether suppressed consciences touch upon the better half of our souls, or not.  We “say” we wish to spend more time with family members, our kids, our spouses and other kindred spirits, but then when the opportunity opens up for us to do so, we wallow in the self-pity of the internal universe we create.

Have circumstances forced upon us those intentions we have often voiced but never fulfilled?  If a medical condition forces one to remain at home, why are we not happy that we can spend more time with those whom we have previously cast aside with the words spoken but never followed through upon?

If what we value is based solely upon the words spoken, we would indeed be seen as a compendium of value-filled coupons collected over many years of savings; but as time in a bottle is merely an empty space of air filling a bubble of eternity, so words thrown about carelessly to listening ears may be too young to realize and otherwise cling to voices that reassure but never fulfill, like the wolf in sheep’s clothing that devours all who are so gullible as to disregard the elongated nose that defies belief.

In the end, what we value is proven by the actions we initiate, fulfill, embrace and confirm; and 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 Federal position, it is the deterioration of one’s health that becomes the very test of that which we value.

Is one’s health important?  Does one’s career override all else?  What is the meaning of “sacrifice”, and how far must one go in proving one’s loyalty and commitment?

Filing 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, is not a judgment upon what we value; it is, instead, a reflection of how we value workers who have shown a commitment in the Federal sector and the Postal Service, by recognizing that once the eligibility criteria of 18 months of Federal Service has been completed, the family of Federal and Postal workers have a vested interest in protecting the rights of a worker who has suffered from a medical condition and deserves greater consideration than to cast them aside with nothing but the shirt on their backs, or the empty words often bandied about without meaning or value.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Identifying the time for change

At what point does a person finally realize that it is time for a change?  That things cannot go on “as is” much longer, and certain modifications, “accommodations” (there’s that fearful word, again) and alterations must occur, or else you feel that your head will explode or something dire will suddenly befall.  Inside, daily, your thoughts turn to the knowledge that “this cannot go on forever”, and that something must occur.  But what?

Then, the voice of hope keeps whispering that, well, perhaps circumstances will change, alterations to the objective universe may come about in the morning thereafter, and the world will somehow shift and things will get better.

We have been fed upon from infancy until the cold winds of adulthood that folklore and fairytales occur, but the reality is that unless we initiate the pathways of change, they rarely occur except in fables of miracles and mythologies told in dusty old books.

First, it should be clear that the need for change has already been identified when one recognizes that it is time for change.  That identification, however, is often not enough.  For, it is the further sub-identification in recognizing what it is that needs change, and more importantly, why?

If the reasons underlying the need are within the purview of one’s control and destiny of choices being made, then the second step in the process can be initiated by the need identified.  That is the critical juncture in the decision-making process: Of identification, the reason, the underlying need, and then the steps taken to initiate the change in order to satisfy the need identified.

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 need for change often comes about incrementally, insidiously and without great fanfare.

The “need for change” can often come at a critical juncture where frustration of a sense of impending doom collide, and necessity arises because no other alternative pathways appear to exist.  Moreover, it is the identification of the time for change that is often overlooked — that point in life where one is scrambling about desperately not quite knowing the “why” of the need, but only that it must come about.

Speaking to an experienced attorney who specializes in Federal Disability Retirement law may be the first step in sorting it all out.  For the Federal or Postal employee who must by necessity consider filing a Federal Disability Retirement application , the need for change is likely now; identifying the time for change may only require the time it takes to have an initial consultation with a lawyer who has guided many Federal and Postal employees through this process before.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Other worlds

We can imagine other worlds in which things are different; science fiction does it all the time, and even traditional literary fiction – though the differentiation between “science fiction” and “regular fiction” can often be lost in esoteric and academic ways – can depict other worlds not quite familiar, though recognizable enough to keep it apart from fantasy or that of the bizarre.

We can imagine, for instance, a world in which a pot of water sits upon a burning stove, but the pot never boils because the heat from the burner never transfers its element to the water; and so the isolation of each entity remains unmoved, as each fails to influence the other.  Or, that rain falls, but nothing gets wet.  What about people?  Of a persons who talks and talks and everyone hears, but no impact results.  You say to your friend, “A skunk has climbed up on top of your head,” and the friend responds, “Yes, thank you,” but does nothing and goes on with his or her life.

It would be a universe where we are consumed and subsumed within the universe of our own thoughts, and the world around us remains separate, isolated and without influence upon entities remaining placid, implacable, undisturbed and without any capacity to embrace the causality of an effect that remains otherwise unperturbed.

Come to think of it, that somewhat describes the world we actually live in, doesn’t it?  It started out as some science fiction genre – other worlds – and yet the universe that was described, of a world where people talk and no one listens, others hurt and no one helps, and the gravitational pull remains isolated to the planets within a galaxy, but never extending beyond to the human lives that populate this earth.  Isn’t that what occurs in this world, today?

People lie to themselves thinking that they have hundreds of “friends”, and yet sit alone in an apartment staring at a glowing piece of machine called a computer, and converse quietly on Facebook and through other social media outlets, yet never say a word; and the “conversations” on the medium are merely a series of rants and raves, and at the end of the late evening, everyone goes home.  People live with great wealth – of extravagance of living never seen heretofore in this or any other universe – while others barely make a living; and the impact felt moves not a teardrop or a sigh of resignation.

Federal and Postal employees live in such a universe, especially when a medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of his or her Federal or Postal position.  The agency doesn’t care; the postal facility is indifferent; no one says, “Ah, we need to do everything to help you out so that you can get better!”  Instead, we rely upon quiet laws to be enforced, so that our “rights” can be protected and compelled.

Other worlds are not mere fantasies that we dream up; and for the Federal or Postal employee who must take the next step in preparing, formulating and filing an effective Federal Disability Retirement application, welcome to the bizarre universe of an administrative process that cares little about injured or hurting people, but one in which the cold bureaucracy of laws and rights must be enforced in order to assert that which remains unmovable in the face of a medical condition that won’t go away.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Biding time

Inmates in correctional facilities do it; criminals in wait; patients in doctor’s offices who have been informed that there will be a short delay because of an emergency procedure that the physician had to attend to; and most of us in general who live life anticipating disasters, tomorrow’s unfortunate events or the next day’s calamity to come.

We all bide our time in living our lives, and it is the time of biding that is wasted away until, near our deathbed, the expected outcome of disaster never came, the calamity never developed and the corrosion of life never materialized.  It is one thing to wait on another person; another altogether to engage in the patient virtue of sitting motionless or passing the time away in anticipation of something beyond; it is quite another, and perhaps unique, that human beings actually actively engage in the activity of “biding time” in order to start a process.

Vengeance often takes biding of time; planning for a future definitely requires biding time; and old men and women in nursing homes have nothing better to do than to bide one’s time.  To live life biding time, even at the horizon of one’s twilight in elder states of despair, is no way to exist.

For Federal employees and U.S. Postal workers who are beginning the process of, have already begun the procedural steps to, or otherwise are in the middle of the administrative process of preparing, formulating or filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “biding time” during this complex administrative process is to have “a plan”.

It is a long, arduous, difficult and time-consuming process.  Even after it is successfully filed, the time waiting upon a decision just at the First Stage of the administrative process can now take a very, very long time, and how one plans to bide one’s time during this long process is something one needs to consider.

Will you remain on LWOP during this time?  Will you resign, get terminated, and will you work at a private-sector job while waiting for OPM’s decision?  Will temporary loss of health insurance be a consideration?  If it is denied at the Initial Stage of the Federal Disability Retirement process, will that mean that you can endure the lengthy second Stage, the Reconsideration Stage?  And if you have to go and have a Telephonic Hearing before an Administrative Judge at the U.S. Merit Systems Protection Board, which will take a minimum of 120 days beyond, will that still be within the plan of attack in biding time?

Hopefully, one’s Federal Disability Retirement filing with OPM will go smoothly; but in the event that all of the proverbial bumps on the road are encountered in your particular journey, it is important to consider the extent of biding time during the process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Other people’s misery

Why is it that the misery of others tends to soothe our own?  Yes, yes – we grant the common and appropriate responses of heartfelt empathy and facial frowns and perhaps even some tears; but in the end, is it because of the resulting comparative analysis – of a cold, rational and logical methodology of responsive behavior – that we appease the gods of fate in some primitive form of sacrificing others, knowing that so long as the traveling karma has not yet noticed our own plight of devious accord, we are safe for another day?

Or is there some false paradigm upon which most of us operate – that economic prosperity is based upon a limited “pie”, and we must take a set portion before it disappears, or protect the leftovers we have salvaged against the ravenous predators who seek to deprive; or that chance and statistical ascription of proportional divides mandate that there is only a predetermined reach of human misery on a macro-level, and so long as that preset number is satisfied, such tragedy of suffering will leave us untouched?

We certainly have a history of such mythological adherence; whether of man’s historical conduct by religious fervor and slaughter in the name of heavens unreached (which has still not quenched its thirsting pinnacle of folly, as current epics attest to), or in the silent quips and prayers uttered to protect ourselves from nature’s fury; we believe, somehow, that but for the grace granted by an unfathomable other, we would experience the plight of those whom we would rather avoid like the plague.  Or is it much more basic – somewhat like the epidemic which takes the life of another, and the thought is, so long as the infectious predator busily devours and destroys the next guy, you are immune to its distracted attention?

We certainly find relief, and even enjoy the consternation of discussion, in other people’s misery; to stand around and about gossiping of trials and heartaches inflicted (with the distinction appropriated that, because the point of such exchanges are meant to be “helpful”, so the difference between “malicious gossip” and what we engage in must by definition allow for the momentary lapse from decorum) upon “poor Joe” or “Aunt Emma”, all the while making sure that the concealing mask bordering upon frowns and distraught distractions would not betray the sense of relief felt that it is the “other” guy whose misery remains.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the thing that must be known and recognized at the outset is that the human need to embrace, discuss and “do something about” other people’s misery, is that the “other” person is you.  Thus, whether in a small department or a larger agency where anonymity prevails, or in a small post office or larger postal facility, the gossip which runs throughout will be like an untamed fire where no amount of extinguishers will control the spreading of it.

Preparing, formulating and filing 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, is the only way to control the discussion of that which once was the subject of another, when the “other” of other people’s misery becomes the object directed at you.

Sincerely,

Robert R. McGill, Esquire