FERS Early Medical Retirement: Integrity

What is it?  One definition states: A. The adherence to moral and ethical principles; soundness of moral character; honesty, and B. The state of being whole, entire, or undiminished.  Yes, the first one is what one expects; it is the second definition, however, which is the more relevant, and perhaps needs to be fleshed out.  For, isn’t that the true basis for the meaning of the word?

That there is a “wholeness” between the words one speaks and the actions one takes.

Take the following hypothetical: A former president (who will remain unidentified) who was almost kicked out of office for an indiscretion committed in the oval office (yes, yes, it is hard to guess who that might be, these days — but here is another hint: There were, in the salacious context of the entire affair [sic], multiple “Speakers of the House” who took the post, then subsequently resigned because they, too, were outed in retaliation by the White House) goes around the country lecturing at high schools and colleges on the following subject: “The importance of Fidelity in a marriage.”

Would you go to such a lecture?  Would you allow your son or daughter to listen to the ex-president?  Why, or why not?  Does it matter who the speaker is?  Why does it matter?  Isn’t the truth of what he says, true — regardless of who delivers the lecture?  Would it make a difference if someone else gave the lecture — say, some old geezer who has been married to his wife for 75 years?  If so, why?

Perhaps because the penumbras of integrity still haunt our society, where words and actions still require “wholeness”.

Certainly, that is the case (allegedly) in a Federal Disability Retirement case, where your Statement of Disability (SF 3112A) should match the Physician’s Statement (SF 3112C), where the coordination and connection results in a “wholeness” which will then turn into an approval from the U.S. Office of Personnel Management, when a Federal or Postal Disability Retirement application is put together in the effective manner in which it should — based upon the concept of integrity.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and make sure that the entire packet is prepared, formulated and filed with the concept of “integrity” — “wholeness” — in mind.

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.

 

Office of Personnel Management (OPM) Disability Retirement: The Drama of Life

There is drama everywhere — whether in theaters, local plays, movies or daytime soap operas, the drama of life is being played out.  “Drama”, “dramatic”, “melodrama” — whichever word or concept you apply, we all know what it means.  Most of us try to minimize it, avoid it, marginalize it — and the quick response to cut it down to size is often, “I’m not into that kind of drama” or, “Aren’t you being a bit over-dramatic?”

Once upon a time the fable of lessons learned included “The Boy Who Cried Wolf” — of that story with a moral lesson of the importance of truth-telling, and if you over-dramatized a lie too often, your reputation would suffer.  And so the moral of the story taught 2 things: “Truth” is important; creating drama for your own amusement would have consequences.

But in life, there are times when the drama of life cannot be avoided.  One such time is when a Federal or Postal employee is beset with 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.  That is a time when the drama of life must be faced, especially in terms of a career choice — of whether you can continue on, or file for Federal Disability Retirement benefits under FERS.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law and begin the process of facing up to the drama of life.

Sincerely,

Robert R. McGill, Lawyer
FERS Disability Retirement Attorney

 

OPM Disability Retirement: The Delay for Tomorrow

We tend to rely upon our memory of the past; if the sun set yesterday and the chickens squawked the day before, the repetitiveness of previous occurrences allow for the delay for tomorrow.  Yet, tomorrow’s circumstances may undermine yesterday’s reliance.  Circumstances change — especially in this day of fast-paced changes and the need to adapt accordingly.

Present circumstances — a medical condition; the growing impact of one’s medical condition upon your ability and capacity to continue in your career; these, and many other factors should play into consideration to file for Federal Disability Retirement benefits.  The delay for tomorrow is a natural instinct with all of us; we keep hoping that tomorrow will somehow change for the better, but with a medical condition, the unfortunate truth is the very opposite: Most medical conditions don’t simply go away, and instead reveal a stubborn persistence in their natural course of degeneration.

If filing an effective Federal Disability Retirement application under FERS is something that you have thought of, but have set aside as the delay for tomorrow, consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and make the delay for tomorrow the reality of necessity for today.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for FERS Federal Employees: To Feign Normalcy

What a strange concept; and stranger still, that so many people must actually engage in it.  It can occur and be implemented in variegated circumstances: Of having done something which impels a guilty conscience, but being forced to act “as if” everything is fine; of being with someone you would rather not be with, but pretending that all is well; or even of having a tragedy occur but, because public conventions require an unemotional facade, to paint that “brave face” and enter the public arena.

Do other species engage in it?  Does a lion who prowls about nonchalantly (but whose inner motivation is to find its prey and chase it for its dinner meal) “feign normalcy”?  Does a dog who desires a treat but knows that begging too vociferously will receive an admonition as opposed to the intended outcome, “feign normalcy”? (Yes, because I know that my own dog does that).

And what about the Federal employee or U.S. Postal worker who suffers from a medical condition, cannot perform one or more of the essential elements of one’s job and must come in to work because the Agency or Postal Service will not extend his or her LWOP beyond what the FMLA allows for — does he or she “feign normalcy” despite the pain or anxiety experienced?

For Federal employees or 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 job, it may be time to consider filing for Federal Disability Retirement benefits.

For, to “feign normalcy” is simply another way of realizing that things are not normal, and the “feigning” engaged in is another layer of trying to fool one’s self, one’s body and/or one’s mind into “thinking” that everything is alright, when in fact it is the underlying condition which must be attended to — and that, in fact, is the really normal thing to do, instead of pretending that the abnormal is the normal.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Procrastination and delay

The former denotes an active passiveness, while the latter connotes the former but may also include objective circumstances beyond the subjective input or control over the consequences resulting, whether from external forces, internal influences or a combination of both.

What compels one to procrastinate?

There can be a number of factors — of secretly not wanting to proceed; of the proverbial kicking the can down the road; of wanting to extend the known quality of the present and resisting the unknown quality of an uncertain future; or perhaps, just simple laziness.  Of the latter — of delays in a process, or of results expected — this can be because of actions taken or not by others, and a whole host of reasons not known by the expectant party.  Thus, for a delay to occur, much of the circumstances often cannot be controlled; of the former, most, if not all of it, is within the purview of one’s influence.

Further, it is often the monsters within that loom much larger than the reality without, and that is often true of things we anticipate we will not like, and of obligatory mandates that may be inevitable objectively but resisted subjectively.

For Federal employees and U.S. Postal workers who are contemplating the necessity of 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, it is often that initial step that is the most difficult one to take.  And like that Chinese proverb that is often quoted, the journey of a thousand miles must begin with the first step, so it is likewise true that procrastination of that initial step is the one that prevents all subsequent steps and actions from being taken.

Procrastination is within the purview of one’s self; delays, beyond one’s control, or at least some part of it.  To overcome the obstacle of one’s self, it may be wise to consult with an attorney who specializes in Federal Disability Retirement law, so as to first understand the process of what it takes to file with the U.S. Office of Personnel Management, the intricacies involved and the requirements needed to meet the legal criteria for a Federal Disability Retirement application to “pass muster”, to realize what initiating steps are necessary, and to recognize whether the fears that delay are the ones that are merely in one’s own mind, or whether the pathway forward is as onerous as the fears that paralyze.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: That carefree child

Whatever happened to him or her?  That child who would shrug the shoulders, move on to the next thing and be free of worry or concerns.  “Carefree” is not a synonym for “careless”, or even of “uncaring”; rather, it is the capacity and ability to maneuver throughout this complex universe without allowing for life’s burdens to weigh upon one so heavily that past events prevent future actions of progress and advancement.

That child that is now lost was caring; he or she was also careful in every endeavor, every project and helpful in many ways; yet, that same child was known to be carefree.  Where is that child, now?  What happened such that life interrupted, anxieties developed and stresses multiplied?  Does that same child – now a hunk of an adult sitting in the corner somewhere – stay up at nights worrying about tomorrow, “stressed out” about the next day, paralyzed with panic about the future?

Often, the troubles we face within the confines of our own minds are greater in horror and imagined size, than the reality that is actually to occur.  Depression, anxiety, panic attacks, bipolar spectrums of manic and depressive phases, coupled with suicidal ideations, agoraphobia and other psychiatric diagnoses – these can comprise the lost paths of a child who is no longer carefree, but has grown into adulthood and experiences the commonality of society’s growing problems, exponentially expanded because the rest of society has indeed become uncaring and careless in its treatment of that child who was once carefree.

If that once-carefree child has become a Federal or Postal employee who is suffering now from the cares of the world, and the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job, it may be time to consider 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.

Filing for Federal Disability Retirement benefits will not be the solution to all of life’s problems, but it can at least begin to pave a path towards “coming home” to a time that we remember, when that carefree child walked about with less of a burden and more of a smile.  Federal Disability Retirement is meant to do that – to allow for the Federal or Postal worker to focus back upon one’s health and well-being and not become burdened with the stresses of work and performance, where love is anything but unconditional and the summer days of tomorrow may still have some warm moments to enjoy.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

 

Disability Retirement under FERS & CSRS: Ordered lives

There is, first of all, chaos and disarray; and whether from a biblical worldview or the natural paradigm of a universe formed from a massive energy source that exploded with such force as to hurl a spinning residue of astronomical proportions into far galaxies that resulted in the starry heavens we witness today; it is from the opposite of a placid tranquility that we experience the ordered lives of everyday existence.

There are, of course, the extremes of the spectrum – of that person who is obsessive and compulsive about the “ordering” of one’s life, where every teacup and saucer must be placed in the cupboard within precise millimeters of one another, and no angle of a picture on a wall must be allowed to circumvent the geometric consistency with the right angles of the corners; or, by contrast, the slob who believes that pants, plants, underwear and empty pizza boxes belong in the same corner of the bedroom as expensive china and puppies who snuggle in bathroom showers.

Somewhere in between the two extremes upon the spectrum of life, exists the ordinary person of ordinary means, who wakes up each ordinary morning to go about in ordinary ways; all within the constraints of ordered lives.  All, or most of us, like, enjoy and look forward to some semblance of order in our lives.

Chaos is good for an exciting moment; monotony of discourse for the rest of the day requires that sanity mandates a certain sequence of events, and that is why dystopian stories of a universe in disarray after a nuclear war or some other disastrous consequence of political missteps left in the hands of incompetent world leaders allows for small-budget films to be successful in scaring the hell out of us all.

Divorce, death, illness and tragedies disrupt the otherwise sought-after ordering of lives left peaceful; medical conditions tend to do that, don’t they?  They interrupt the tranquility that we so seek with quiet resolve; and then the medical condition becomes a chronic state of existence, and more than just a nuisance, they interrupt our plans, our hopes, and the essence of our ordered lives.

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 the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s Federal or Postal job, the interruption that ensues from the disruption of a medical condition, resulting in the breaking up of one’s ordered life, often comes to a point where consideration must be given to filing for Federal Disability Retirement benefits.

It is an employment benefit that is “there” for Federal and Postal employees who can no longer perform one or more of the essential elements of one’s positional duties.  And, whether under FERS, CSRS or CSRS Offset, the time to consider preparing, formulating and filing for Federal Disability Retirement benefits may come at a time when the previous state of ordered lives is sought after again, if only to reach a destination where chaos is no longer the new norm of everyday existence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Employment: The Reconsideration Stage

Much time is often wasted upon rebutting incoherent arguments.  Such a statement is true in a great many sectors of life, as well as with an initial denial received from the U.S. Office of Personnel Management.

The first reaction in response to an Initial Denial received from the U.S. Office of Personnel Management, is to panic and become disheartened:  The Federal Disability Retirement applicant has waited many, many months, just to get to this point of being denied an application which was thought to clearly meet the legal standard of preponderance of the evidence, and perhaps the medical narratives and treatment records clearly and unequivocally established the nexus between one’s medical condition and the essential elements of one’s job.

What could have gone wrong?  What was deficient?  What unanticipated mistakes were made?

To top it all off, a quick perusal of the denial letter makes it appear as if the application never had a leg to stand on –  seemingly contradictory statements extrapolated; selective quotes from doctors, supervisors, etc., that tend to undermine the proof needed; deficient documentation and multiple garbled references to the “Disability Retirement Law” that has simply not been met.

How does one counter and rebut such an overwhelming denial of one’s carefully gathered and constructed information?

There is the “proper” and “effective” way, but one’s initial inclination in reactive form is normally not the way to go about it.

The Federal employee or U.S. Postal worker who finds himself/herself in such a situation – of facing an initial denial from the U.S. Office of Personnel Management – will often want to just “give up” and try to endure the pain, anguish and cognitive deterioration by going back to work (if that is even possible and the Federal or Postal employee has not yet been separated from service), or just simply walk away from one’s well-deserved Federal Pension and early Federal Disability Retirement benefits, and forego the benefits earned and vested.

Of course, that is precisely the thought-process that the U.S. Office of Personnel Management wants you to embrace.

It is often stated (erroneously) that filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is not an “adversarial” process – and that OPM is not there to “fight you”, but rather, to ensure that all Federal Disability Retirement applications fulfill the requirements of the law.

If that were truly the case, then why does an OPM denial point out only the deficiencies, and never the positive aspects of a Federal Disability Retirement application?  Why do OPM denials always present themselves as overwhelmingly unqualified and argued as if there is absolutely no basis or chance of an approval?

Precisely – because, despite stating otherwise, the administrative process of trying to obtain Federal Disability Retirement benefits from OPM is just that:  an adversarial process which requires an advocate to fight for your rights.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: Perspective

It is a different species from either judgment or understanding; for, of the former, it is often the basis and foundation to make one; as to the latter, it is the result from the procedural content in order to attain it.  Perspective is an admixture of multiple components:  experience adds to a balance of it; proper facts relate to the accuracy for it; consideration of judgments others proffer enriches it; and the capacity to connect all of the information gathered and provide previously unimagined ties within a historicity of intersection, relevance and significance of balance empowers it.

To possess it is to fail to react merely to a given situation while others around disintegrate in self-pity.  To apply it, is to become uplifted as a paradigm for others to follow, and to integrate the fusion between past, present and projection into future courses of action.  For, in the end, to have a proper “perspective” is nothing more than to realize the “now” in light of past experience and apply it to future predictability.  But what if the human constitution does not always allow for identical natures inherent to all?  Why do some lack it, while others are deemed to be forever secure in wisdom and reliance?  Solomon is reputed to have possessed it; the women who approached him, lacked it; and the audience surrounding had no clue of it.

In law, generally, it is the tactician who can strategize by means of understanding the applicability of precedents relevant to a given case, and if it goes before a Hearing or a Trial, to incite the emotional empathy of jurors and the sense of justice uncommonly deviated from the Judge’s aplomb of impervious fortitude that wins the day.  In Federal Disability Retirement law, perspective is often needed in order to make the right kind of judgments throughout the administrative process of 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.

Having the “wrong” perspective – first, about filing at all, and second, about the administrative process and procedural hurdles itself – can result with inaction leading to detrimental consequences.  Possessing and applying the “right” perspective encompasses a wide range of issues:  whether to file; when to file; how to file; what evidentiary annotations of facts, argumentation and laws should be included in order to implement the most effective pathway to an approval of the Federal Disability Retirement application.

Perspective:  it is something that legal counsel and experience of advice can provide within a framework of a time in one’s life when it is sorely lacking.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Federal Employee Disability Retirement Benefits: Examples

What if we never grew up with any?  Is it not by metaphor and analogy that we all escape the citadel of ivory towers and the dangers of glass barriers and unseen traumas?  They tell us that the early years of “imprint” are crucial for stability, development and self-discipline against asocial behaviors; yet, even after the crucial years following the correlation subsequent to the first encounter with the world, and just before the turmoil of puberty and into adulthood, there are indicators that failure of examples to take hold can still be corrected in order to prevent the ghastly concretization of personality misfits, where pathological deviancy may yet be avoided.

Are examples important?  Like paradigms upon which theories are tested, and foundations that gird the architectural integrity of a high rise, they provide the basis and essence of a personality otherwise left to miscreants of changing winds and altering tides.  Tectonic shifts in the undersea of the human soul can bring out the tidal waves of cruelty and conduct unbecoming; parents hope that the midnight call from the sheriff’s office is not a reflection of any apparent failure, or the alluring eyes of guilt and condemnation when asked how the toddler learned it, and the babbling mouth which emits the torrent of shivering fright:  “My parents taught me.”

Yet, negation and trepidation of containment just so that one’s own reputation will not be sullied, are often wanting.  To “not” engage in examples of bad exemplars is merely a negation of purpose, and fails to address the positive requirement of that which an example entails.  For, negation of a positive mandate merely leaves one with a nothingness in a world of meaning where there is a plenitude of bad examples.  Not providing the positive input will merely allow for innocence to be tattered and jostled; for, where there is a vacuum, the desire to fill and load will come from influences unwanted and unwelcomed.

In a society where there is no mechanism for generational transfer of wisdom, the young are at the mercy of the whims of those who lurk in corners of bestiality and congregations of cultish canopies; there is no such thing as innocence, anymore – just stupidity clothed as symbols to be desecrated.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management “for the first time”  — how often is there a subsequent event?  — Such an act of preparing, formulating and filing for Federal Disability Retirement benefits is always Act I, Scene I of the end of one’s Federal or Postal career.  As it occurs in the first introduction to one’s life-play, there are no “examples” to follow; except, perhaps, to consult with an attorney who is experienced in matters of Federal Disability Retirement law.

As such, where there is failure of a newborn’s imprint, and no paradigms of prodigies to follow, the effective preparation in a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, may well be in seeking the advice and counsel of an example set by a person who has previously avoided the pitfalls and obstacles of such a complex administrative and bureaucratic endeavor.

Sincerely,

Robert R. McGill, Esquire