Filing for Federal Disability Retirement: Reminders

What is the proper balance in a person’s life — between leisure and work; between thought and living; betwixt the physical and the psychological?  How much is “too much” in getting lost in the fantasies we surround ourselves with: Of watching the news; of enjoying a movie; of “doing” Facebook posts or “surfing” the internet?

Have you ever driven on a sparsely populated road or perhaps late at night when the lights of passing cars become a blurred memory of fleeting blindness, and upon arrival to your destination, you remember not a moment as to how you got there?  Perhaps you drove and did all of the proper things in the mechanical acts of driving, and yet you cannot remember yourself having engaged in the act of driving?  How much time is spent within the insular caverns of our own thoughts — whether when “thinking” or “cogitating”, or in watching a movie?

We fool ourselves into thinking that we are “living life” when in fact all we are doing is staring into a mass of illumination pock-marked with letters and punctuations.  Then, something inevitably “reminds” us — that we have to eat in order to keep from starving; that we have to respond to a real question posed by a real person; or in the mere act of needing to take out the garbage before it begins to rot beneath the kitchen sink.  And of medical conditions — they constantly remind us of our own mortality.

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 constancy of the imposition of the medical condition is a reminder that our deteriorating health is incompatible with continuation in the Federal or Postal job.

When the time comes where such “reminders” begin to dominate the life of the Federal or Postal employee, then it is no longer a “reminder” but of a jarring realization that no amount of getting lost in the distractions of life will change or alter the need: The need to file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

Consult with an attorney to determine if such a course is the best path of action for you.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Government Employees: Cicatrize

It is a word which one does not come across very often; and yet, the greater question is: How many words are “out there” which we do not know, have never heard of and will hardly use?  Do words limit the universe of our thought-processes?

If paragraphs are composed of sentences, and sentences formulated from single units called “words”, do our thoughts retain paragraphs, sentences, or the singularity of words?  In our insulated monologues and soliloquies, do we hesitate because we fail to consult a dictionary, stop because we cannot come up with a synonym, or retreat because of a lack of an antonym?

In modernity, we have dispensed with the idea of memorization, precisely because — with a Smartphone constantly at our sides — there is (A) Either no more need for it, (B) It is cruel to force kids to undergo such mentally strenuous exercises or (C) There is simply too much information “out there” for memorization to be practical any longer.

I once knew a person who didn’t count sheep in order to try and fall asleep, but would recite the sonnets of Shakespeare — and would never be able to recite them all before slumber would overtake him.  Of course, “context” is important, and if there are no conditions within which a word should materialize, be utilized or otherwise applied, the need to retain such a word within the memory banks of one’s brain would never come about.  Yet, how many useless bits of information do we look up on a Smartphone on a daily basis, and “retain” much of it?

The word “cicatrize” means to heal by way of scar formation; by extension, one can become creative and apply the word in non-medical contexts, as in: “The constant taunting by his classmates resulted in a cicatrized numbness of his sense of self-worth; but in the end, Johnny could never have the thickness of skin needed to survive, and cried himself each night for the cruelty of the world that haunted him”.

That is the fun of words, isn’t it?  To take it and play with it; to retain it and fool with it, like a pebble in one’s pocket where you can feel the texture of a small remnant of the greater universe between thumb and forefinger, and fiddle without end in an insular universe that is limitless and infinite?  For, it is always the infinite that we seek; of paragraphs abounding and pages beyond the next one to turn.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, always remember that the application itself is a “paper presentation” to OPM — one which must be comprised of words, sentences, paragraphs, and even entire pages.

It must tell a “story” about your condition, your capacities and your frailties in the most personal of ways.  And while the world of such a bureaucracy may be cicatrized against an empathetic tendency of the truth of your condition, it is best to seek counsel and advice from an attorney who specializes in Federal Disability Retirement Law so that the cicatrization does not impede a persuasive argument compiled precisely in order to cut through the cicatrized minds at OPM.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Retirement Representation: Last Days of Summer

When the urgency of a sales event about school supplies blinks prominently across television screens, and those couple of days in August arrives where a foretelling of colder weather breathes a freshness as a reminder; and when the haziness of plants wilting, the stickiness of summer’s heat has faded the memory of last year’s harsh winter — we suddenly realize that the last days of summer are upon us.

Days come and go like gnats that take a single bite and then fly on; and suddenly we can’t remember where time has disappeared to, and another gray hair has sprouted, another wrinkle has cut deep the lines of time and timeless lines of memories now vanishing like so many waves that lap upon the seashores of countless hours.  And like the last days of summer, we relish the good fortune of health and painless existence only so long as fate allows for another day of challenges left unfulfilled.

The last days of summer are like those unwanted encounters that life inevitably challenges us with: It reminds us that what was once promising may not always come to fruition, like the beginning days of summer that looked forward to a respite from the humdrum of everyday existence, only to be snatched away like an illness that debilitates.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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 last days of summer often represent as a metaphor the realization that one’s Federal or Postal career must come to an end.

Where the choice is between health or career, it is not much of an option presented: health must always be and remain the priority, and preparing and submitting an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat akin to the last days of summer, where the end of something is merely the foretelling of a new season beyond.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Retirement: Thinking

What constitutes it?  What is the evidence that it was engaged in?  When a person is charged with “premeditation” in the perpetration of a crime, and therefore ascription of full responsibility is used to convict and assign a greater length of incarceration, what methodological intricacies are involved?

Take the following hypothetical:  A man walks into a candy store and grabs a Snicker’s Bar, and runs out of the store without paying for it.  He is nabbed.  At the trial of the matter, the prosecutor gives the following summation to the judge:  “Your honor, this man clearly thought about it.  He entered the store, looked about, and deliberately took the Snicker’s Bar and ran out without paying, knowing that he did not pay it — otherwise, why would be have run?  Indeed, when the police caught him, he yelled, “I was hungry!”  That statement alone shows that the man knew he had not paid for it, for it was an admission of a motive, and thus, it is a clear indication that he thought about stealing it, walked into the store and with criminal intent stole the candy bar.  Only the death penalty would be appropriate for one with such premeditative intent, as he is a danger to society!”

Now, contrast this with the following:  The Candy Store’s automatic door opens, and an animal — a neighborhood dog — saunters in, sniffs about, and no one really notices.  The dog grabs a Snicker’s Bar, gobbles it.  Passersby watch.  The store’s owner notices, laughs, shoos the dog out the door.  Why do we not think that the dog “thought” about it?  Why is “thinking” ascribed to the human being, but not to the animal?  What is it about the actions of the two species that differentiates them?  Does the mere fact that we able able to speak, formulate words and convey thoughts, whether pre-or-post action confirm that any extent of reflective processes occurred?  Is the process of “thinking” always productive — i.e., leads to actions that are fruitful, or is much of it simply an insular activity that results in no great consequence?

For Federal employees and U.S. Postal workers who are “thinking” about filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “thinking” about it is to take the next step and act upon the thought.  People often think that thinking is a productive activity, so long as it remains active and continuous.  But thought can also negate and prevent, and too much thinking, or not enough, can often become an obstacle to the necessary next step.

In order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the key to productive thinking is not merely to engage in it as an insular, solitary activity, but to have the consultation and advice of an attorney who specializes in Federal Disability Retirement, lest merely thinking about it leads to an unthoughtful act that leads one to believe that the very thinking itself was thoughtless.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Ruminations on the past

Whether one does X is often of little significance; “Why” it is done, and to what extent, is quite another matter.  The past – whether of long ago, beyond the time of memory holding presently or of history being read about, or the past of one’s own kept in sequestered moments of reflective thought and in photographs carefully guarded and encased within a protective album of shelved remembrances – is a time behind; the future, an angst-filled uncertainty few of us look forward to.

It is the present, and how we treat it, spend it, work it and waist it away or labor furiously to appear “productive” about; and then, there are ruminations on the past.

That is where the “why” and the constant obsessions begin to overwhelm – of what we could have done differently, where we “went wrong” and what lessons can be gleaned for today.  Ruminating on the past is a favorite pastime for many; but when it begins to destroy the future by robbing from the present, it is time to set aside such wasted efforts and begin to focus more upon one’s current situation in order to prepare for the future.

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 job, the time to set aside ruminations on the past is “now”.

Preparing 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, takes up a significant amount of time, effort and required focus upon gathering the necessary information, presenting the compelling facts and establishing the legal nexus between the medical conditions and the essential elements of one’s Federal or Postal position.

In doing so, ruminations on the past need to be suspended; angst-ridden obsessions about the future will need to be ignored; and only the “present” focus will become the necessary standard.  Ruminations on the past can come about sometime in the future; it is the present concern about past events that will be significant in securing one’s future by preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The option of nothing

The path of least resistance is often to simply do nothing.  To make an affirmative choice is sometimes a painful one involving sacrifice and steps taken which will determine an outcome, later to be judged by retrospective insight, as to whether it was the “right” one or a “wrong” one.

To negate, refute or otherwise do the opposite, and to say “no” in the choice-making process, is also an “affirmative” one, if only in the negative sense.  It is still a call made, a judgment asserted, and while the “no” may not be able to arrive at a retrospective viewpoint as to whether it was the “right” one or the “wrong” one (precisely because, in the very negation of making a choice, one may never see any further consequences, but merely a nothingness that prevails from the option to not do that something, which is essentially a double-negative that results in nothing).

The worst option to assume is to allow lapse to occur – to do nothing, neither affirmatively nor negatively, and allow outside circumstances to determine the course of fate.  In taking such a path of least resistance, two things occur: First, you have left it in the hands of circumstances, and failed to take any affirmative steps in the allowance of lapse; and Second, the fact that you will never know it was a good or bad idea to allow for the lapse means that you have forsaken the entire decision-making process, and thus you disengaged yourself from the importance of life’s major participation.

For Federal employees and U.S. Postal workers who are considering 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, the Statute of Limitations that imposes a restriction upon post-separation filing is One (1) Year.

Thus, the law is as follows: Upon separation, whether by termination or resignation, of a Federal employee, that Federal employee has up until 1 year to file for Federal Disability Retirement benefits.  If the Federal employee files for Federal Disability Retirement within 364 days of the separation from Federal Service (give yourself at least 1 day, just to be on the safe side), then no harm is done.

If the Federal or Postal employee determines not to file (i.e., a negative – affirmative decision), then so be it, and after the 365th day, that Federal or Postal employee is forever prevented from asserting his or her rights under the Federal Disability Retirement laws, acts, statutes and regulations.

If the Federal or Postal employee simply does nothing – neither making an affirmative or a negative decision, and simply allows for the time to lapse and the opportunity to pass – then the path of least resistance has been taken, with the opportunity to engage in the decision-making process forever lost.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Moments of clarity

There are those moments, aren’t there?  It may come as a flash, in the middle of the night, while walking quietly in the woods (or in one’s back yard, pretending that it is in the middle of somewhere’s nowhere, despite the loud humming of lawn mowers and air blowers whoosh-whooshing in the distant yonder over the fence beyond); and it need not be because of some eureka moment or because of problems faced and meditated upon.

There are moments of clarity in life, and they may be identified and described in various ways – of periods of inspiration; of a heated splice of madness; an awakening from a dream despite lack of sleep.  Or, perhaps a spark of genius came about.  A childhood memory, a dream once vanquished, a feeling of regret later in one’s life; these are the crumbs that gather in the corner of the dinner table, left behind like the ghostly apparitions of yesteryear’s hopes and unfulfilled cannibals of thoughtless mimes; and yet they can haunt or stir.

Such moments of clarity can bring about change; or, we can repress, suppress and ignore them, and allow them to wither away like flowers left in the pot of life’s mish-mash of events, and slowly they die, weakened by lack of care and ignorance of beauty.  Medical conditions themselves can bring about such moments of clarity; of the futility of trying to maintain appearances, and instead of facing a reality that is sharpened by pain, anguish and society’s definition of what it means to be productive.

Health is indeed a gift; poor health, or deteriorating health, brings about a different kind of gift – one that sometimes allows for those moments of clarity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition brings about a realization that the Federal or Postal employee is no longer able to carry on as before, and that preparing a Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management is now a necessity, it may well be that such a conclusion of a necessary change in one’s life came about because of one of those “moments of clarity”.

Don’t ignore it, as it may not come about again.

Instead, like warnings, clues and prognostications of impending necessities, the need to listen carefully to one’s health and mind may be just a moment of clarity that your body is simply telling you something.

Sincerely,

Robert R. McGill, Esquire