Federal Employee Disability Retirement: The Perfect Day

For those with a literary bent, the natural inclination is to complete the title with, “for banana fish” — the erstwhile J.D. Salinger short story.  For the rest of us, it may be defined in other ways, different manners and varying definitions: Perhaps it is a day where one’s favorite football team wins; or, a quiet day of reading beside the fireplace, where snow drifts slowly upon the world outside, but not so much as to need shoveling or snow blowing, just enough to provide a picturesque scenery of calm and repose.

Or, perhaps it is one of negation: No work; no present worries; no children clamoring for attention; no arguments; no in-laws visiting without invitation.  Different definitions depend upon different perspectives of differentiated debacles; for some, “perfection” is what we will settle for less than the official dictionary definition; for others, the high standards we demand do not allow for anything less than.  If one of positive accomplishment, the taskmaster is never satisfied; but if it is based upon mere negation, then we may accept something less.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the perfect day may be just an ordinary one — where one’s medical conditions are temporarily tolerable.  But such a standard cannot last forever, and yet one can hope that — with the worry of work behind you, the concern for the future still before you — if a Federal Disability Retirement annuity can be obtained, at least the stress of work can be set aside so that you can focus upon regaining your health.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider the perfect day that may yet be achievable: Of a day where your health may be somewhat restored, perhaps not even reaching a level of perfection but merely of acceptability.

Sincerely,

Robert R. McGill, Esquire

 

FERS OPM Medical Retirement: The Haphazard Approach

The dual root foundations in the word itself imply a dangerous and directionless lack of methodology; for the “hap” is derived from the Old Norse word, “happ”, meaning “good luck” or chance occurrence, while the term “hazard” connotes danger and potential disaster.  The combination of the two form a compound word of sorts: of an event or action which lacks planning, order or direction.

The haphazard approach is one where a person engages in an activity or initiates an act without a plan, lacking in a methodology of discourse, and does it “on the fly”.  Perhaps one can get away with such an implementation for certain inconsequential activities, projects and ventures; but this is a world where competition and “beating each other out” is inherent in almost all phases and aspects of living.

It might be okay to engage in a haphazard approach when “funning around” with your kids, or even in going out with friends.  Not everything needs a plan; but in life, having a plan —a formulated approach that develops through thoughtfulness and deliberation of intent — is helpful.

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, it is perhaps a “fact” that the medical condition itself is a “haphazard” event — one which hits you without any plan or expectation.  How we deal with the medical condition, however, should never be a haphazard event, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, should not be ventured in a haphazard manner.

Consult with a Federal Disability Lawyer who specializes in FERS Disability Retirement Law and don’t let the winds of chance determine your future; instead, develop a cogent, coherent plan for the future and prepare for a planned battle with OPM to assert and obtain your rightful benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Deus ex Machina

It is a contrivance which finds its origins in Greek plays of a civilization now gone; of the recognition of unsolvable problems created by human hubris; and when all seems lost, the “machina” (machine) which lowers the god (the “deus”) onto the stage then resolves everything by supernatural means.

The contrivance itself would probably not be acceptable in this era of modernity, where the cynicism of “reality” would not allow for a supernatural force to intervene and solve the problems of mankind (although, it might be acceptable if an extraterrestrial were to appear from outer space and solve such problems with a taser gun — which tells us a lot about our culture where we disbelieve in gods but lend credibility to aliens where there is scant evidence of such existing beings).

Yet, in everyday life, we believe and daydream of a deus ex machina: Of fairytales and knights in shining armor; of winning the lottery despite the billion-to-one odds against; or of simple acts, like thinking that one’s Federal Agency or the Postal Service will be “nice”, “kind” or “understanding”.

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, hoping for a deus ex machina to provide a solution is to engage in mere fantasy-daydreams.  The fact is that the problems that are created by a medical condition can be resolved through the reality of the law — by preparing and filing an effective Federal Disability Retirement application through OPM.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law — for, while such a lawyer may not be a modern-day Deus ex machina, the successful result of obtaining a Federal Disability Retirement annuity may prove to be better than a Greek tragedy ending with an improbable outcome.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Constellation of our lives

Of what do we owe to the constellation above; and of their placement, do we wonder whether our lives are impacted therefrom?  The order of the universe — of the date and time when we were born; of a day’s happenstance, of luck or coincidence; do we wonder, or is Darwin the god to whom we bow out conscious lives, forever pursued by the genetic code within but never by the stars beyond?

Shakespeare, of course, made multiple references to the constellation of our lives, as in Hamlet, Act II, Scene 2:

Doubt thou the stars are fire;
Doubt that the sun doth move;
Doubt truth to be a liar;
But never doubt I love.

There are surer things in life; and yet, under which stars we were born, the order of the universe, the rhythm of a cold and impervious reality “out there” — is there a purpose, and does the question ever get answered, or only remain as a query without a response from one generation to the next?

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, it may well be that the constellation of our lives have been re-ordered or misplaced, and that the gods have made sport of the misery that overwhelms.

When such occurrences beset, the trick is to intervene and re-order the re-ordering of the stars, and one way to do that is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to take control of the constellation of our lives, and to not let some fiction of a predetermined “fate” rule over us merely for the amusement of the gods of the underworld.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement for Federal Employees: Odd man out

Medical conditions make one “feel” as the odd man out.  First, it is a sense of one’s self; something is not quite right, whether in one’s cognitive capacity, emotional upheaval, or through indicators of increasing physical pain.  Then, when it begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal employment or Postal position, that “inner” sense begins to impact upon the “outer” reality of interacting with others.

Others begin to notice the change, and over time, the inner sense of being the odd man out begins to be reinforced through the treatment by others, that indeed, not only is there an inner sense of being the odd man out, but you are treated outwardly as the odd man out.

Federal Agencies and Postal units work as collective organisms that act like unfettered packs of wild animals, leaving a version of a Hobbesian State of Nature to occur without remorse.  Fortunately for the Federal employee and U.S. Postal worker, there are laws that allow one to protect the years of service one has accrued, by filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

If you — as a Federal employee or U.S. Postal Service worker — have come to recognize that your sense of being the “odd man out” is no longer merely a subjective state of mind, but has clearly become ascertained through unbearable and persistent harassment, unfair treatment and insistent application of rules to abide by applied in a targeted manner, all because of a medical condition that is suffered through no fault of your own (or even if there can be fault attached, it is irrelevant, as an OPM Medical Retirement does not consider causality as an issue for eligibility determinations), then it may be time to consider preparing, formulating and filing an effective FERS Disability Retirement application through the U.S. Office of Personnel Management.

For, in the end, the odd man out is merely a recognition that it is the world around that has failed to adjust to the cruelty that accompanies an unavoidable medical condition.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Man from Mars

It is a strangeness that cannot be avoided.  Sort of like Thomas Nagel’s famous philosophical essay, “What is it like to be a bat — for a bat?”  It is the “for a bat” that makes all of the difference; for, as Nagel himself pointed out, it is easy to imagine what it is like to be a bat — i.e., have wings, fly in the dark of night, screech, eat bugs, etc.  However, the uniqueness of actually being another creature — of having a separate and distinct perspective from that of a human, man-centered purview — is something that we will never be able to achieve.

Others, like those in Daniel Dennett’s camp, counter that there is no Searle-like “ghost in the machine”, and that consciousness is merely comprised by the aggregate of the neurological connections that make up the human body, and there is nothing metaphysical beyond the physical, no “trans” or “meta” existence beyond the firing of neurons and wired transmitters — in other words, the uniqueness of an individual is nothing beyond what we see and experience.

The cynic, of course, would look at the neanderthal that we have become, where we stare into our Smartphones like zombies and laugh uproariously as the crudest of jokes, and nod in agreement.  But what of the experiences of the extraterrestrial — does that shed any further light upon the issue?

Take, for example, the concepts explored in works like, The Man who Fell to Earth, starring David Bowie, or Robert Heinlein’s story of science fiction, “Stranger in a Strange Land” — where an alien culture and perspective meets with the consciousness of the banality found on earth; is it any different than when Native Americans first saw the ships appear upon the horizon of the Americas?  What is the natural response of the Man from Mars, and what is our response when confronted by an alienation of cultures, processes or foreign encounters?

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 strangeness of the experience itself is often daunting, at least in two or three ways: First, the medical condition itself is a phenomena that is alien, where previously the Federal or Postal employee was a healthy, vibrant individual.  Second, the fact that the Federal or Postal employee cannot “do it all” is another foreign concept that one has to adjust to, and that is often difficult enough.  And Third, the experience of meeting adversity and sensing a negative reaction by one’s own Federal Agency or the Postal Facility one works at — that, too, is a foreign and alien experience, where before the Federal or Postal employee felt like he or she was a member of that “team”, and now the treatment accorded is one likened to a plague or infectious disease.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether he Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often an experience likened to the Man from Mars — and because of this, the Federal or Postal employee who needs to consider Federal Disability Retirement might want to consult with a tour guide, otherwise known as an attorney who specializes in the attractive sights on Mars and within the purview of the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Confused confusion

Why confuse the confused?  Why confuse further the confusion that already confused even the least of the confused?  Why add to the confusion when the confused are confused enough as it is, and when confusion should be relieved by less confusion instead of confusing everyone further by adding to the confusion?

Life is confusing enough, and it is amidst the confusion of life’s state of perennial confusion that we seek relief from the confusing state of affairs, but which often leads to further confusion because we ourselves are confused.

It all began in childhood when first we entered the ice cream shop and had to choose between vanilla, chocolate and strawberry flavors — and we turned to our parents wanting all three, or one of them, or perhaps two out of three, and we admitted mournfully, “Mom, I’m confused.”  Then, the next summer, we stepped in line and looked up at the offerings, and there were 3 more flavors added — of caramel-something-or-another, chocolate mint and peach; and from thence forward, choices for unlimited quantities of alternatives offered bombarded our sensibilities and overloaded the limited circuitry of life’s options.

Then, of course, there was the “fax machine” that began it all — not having to have to wait for the snail mail to carry back and forth the correspondence that was being typed first on a manual typewriter, then an electric one, then a “word processor”, then a tabletop computer, then a laptop, and then the smartphone and beyond — where every written piece of memorialization could be instantly received, to be further replaced by emails, attachments to emails, shared documents and instantaneous transmissions through the netherworld of constant connectivity; and we wonder, are we any clearer within our lives than before the confused confusion we experience today?

For Federal employees and U.S. Postal workers who believe that the Federal Disability Retirement process is a rather confusing administrative morass, such a belief would not be unfounded.

The complexity of the process — of what meets and constitutes the “preponderance of the evidence” test; of the multiple and various case-law precedents that determine and define the eligibility criteria for a successful Federal Disability Retirement application; to the confusing language contained in SF 3112C that will supposedly “guide” the treating doctors into providing the necessary medical information in order to successfully meet the eligibility criteria — all of it is inherently and purposefully complex and confusing.  How does one cut through the thickets of confusion?

To begin with, confusion is sometimes confused with complexity; and though they share some characteristics, the difference between the two is that while one possesses inherent elements which may lead to confusion, the other (confusion) is not necessarily defined by them.

Federal Disability Retirement is a complex administrative process, and the confusing elements within the process can lead to later complications unless clarified at the early stages.  To do so — i.e., to clarify the confusions and simplify the complexities — the Federal or Postal employee may want to consult with an experienced attorney who specializes in that complex and confusing area of law identified as “Federal Disability Retirement Law”.

Sincerely,

Robert R. McGill, Esquire