FERS Medical Retirement: The Hard Acceptance Beyond

When an expectation of a day or an event comes and goes, and suddenly the mundaneness of daily toil comes back with a vengeance of regularity, the hard acceptance beyond is suddenly what we must face.

It is similar to that ”Aha!” Moment of realization — where a gestalt explosion of awareness occurs.  But even at the highest level of enlightenment or realization, such a moment is merely a minor point in time — the hard work comes about afterward when we have to apply the realized moment to our everyday lives.

The excitement, uniqueness, or even eccentricity of a given point in time always follows with the boredom of regularity where old problems are merely replaced with different ones; that is why, whether it is a Holiday, an affair of infidelity, or some unexpected windfall, or merely a unique insight, the hard acceptance beyond is the difficult part.

Yet, the best work in life comes about during the daily grind of disciplined work, and not at the arbitrary moment of some enlightened flashpoint.  And it is the hard acceptance that life comes roaring back with a vengeance of mundaneness after that flashpoint of excitement when the adrenaline wanes and the uniqueness fades, that one either accepts with resigned submission or with renewed vigor.

Is it then seen as either a challenge or an Impossible obstacle that cannot be overcome?  How the question is framed and answered will determine the rest of your life.

Medical conditions present a similar life-altering challenge.  Whether by an accident or disabling medical event, that moment in time passes, and then we must face the remainder of life’s linear gift.  It is the hard acceptance beyond the event which must be faced.

For Federal employees and U.S. Postal workers, that hard acceptance beyond may include the need to prepare, formulate and file an effective FERS Disability Retirement application through the U.S. Office of Personnel Management — and it will surely be a fight, but one worth engaging.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and get the help needed to help you get the hard acceptance beyond.

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.

 

OPM Disability Retirement Law: Confusion and What to Do

Confusion naturally follows upon a new and challenging circumstance.  That is not an anomaly; it is not a negative reflection upon a person’s ability or capacity; and it should not be taken as a sign of some inherent weakness.

We like to think that we are prepared for every eventuality, but even the wisest amongst us can use some guidance.  This has become a “specialized” world, where no one can any longer be that “jack-of-all-trades” person.

Modern life has become complicated beyond the capacity of any single individual, and the loss of extended “support systems” — because of fractured family relationships, the incursion and influence of Social media beyond their healthy originations; and the sense of isolation despite the greater freedoms we enjoy — makes for increased confusion in the midst of so much information available through the internet.

The self-contradiction is inexplicable: The greater the availability of massive amounts of information “out there” in the electronic morass of the internet, the lesser knowledge attained and wisdom displayed.  Perhaps it has to do with the loss of need for memorization; perhaps because of over-specialization; but whatever the reasons, we have become less knowledgeable.

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, confusion and what to do is a problem which must be faced.

Contact an OPM Disability Retirement Attorney who specializes in OPM Disability Retirement Law, and consider the next steps in confronting the challenges being faced when a medical condition begins to impact your ability and capacity to continue in your Federal or Postal job.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Medical Retirement for Federal Government Employees: Lying

It is a peculiarly human endeavor, not known to be prevalent — if in existence, at all — in other species of the animal kingdom.  Shakespeare references it often; criminal behavior is detected within the web of it; and in everyday life, half of the population in courtrooms across the world engage in it; or, is that fair?  Can it be that there are “differing perspectives” or “alternative truths” (the lexicon of modernity)?

For instance, when an eye witness to an event swears under penalty of perjury that “I saw X stab Y” when, in a closed-circuit video replay, it clearly shows that it was Y who stabbed X — is the “eye witness” lying?  Is being mistaken the same as lying?  Or is it good enough that the prefatory qualifier of “I saw” enough to justify the mistaken encapsulation of an event having occurred?

Does intention matter?  Does it make a difference if, prior to making the statement under oath, revenge was a factor in one’s motive?  What if the eye-witness said to her/himself prior to taking the stand, “I’ll get X back for being mean to me by testifying that he stabbed Y first before getting stabbed himself”?

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 often the case that — unfortunately — lying abounds when it comes to others in the agency filling out the Agency’s portion of a Federal Disability Retirement application.  Whether in stating that the Agency tried everything they could do in their power to “accommodate” a person — when the truth is, they did nothing and didn’t care to do anything — it is unfortunately a pervasive fact of life in the kingdom of man.

We are a species with a proclivity for lying, and the best we can do is to counter our own proclivities by trying to present the truth in as strong a light as possible.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Preparing the case

For some reason, Federal and Postal workers who “prepare” and submit a Federal Disability Retirement application, do so without much thought as to what is entailed by the entire process.

They will often rely upon what the “Human Resource Office” tells them — of forms to fill out, what form to give to the doctor, the form to give to the supervisor, etc., and will spend more time trying to figure out the confusing life insurance form than in preparing the Applicant’s Statement of Disability (SF 3112A) or the legal precedents that govern Federal Disability Retirement Law — and then, when it gets denied at the Initial Stage of the process and the Federal or Postal Disability Retirement applicant goes back to the H.R. “Specialist” and asks, “Well, what do I do now?”, the response is: “That is not our problem; that’s a problem you have to deal with.”

Accountability is not known to be a commonly recognized characteristic in a Human Resource Office, and while there are never any guarantees in life, in any sector or endeavor, at a minimum, when one is being “assisted” and guided through an administrative process, it is important to know whether or not whoever you are relying upon will see you through to the end.

Why the Federal or Postal employee who begins the process of preparing, formulating and filing a Federal Disability Retirement application does so without the same care, scrutiny and comprehensive approach as one does in “other” legal cases, is a puzzle.

Federal Disability Retirement — whether under FERS, CSRS or CSRS Offset — is as complex a case as any other, and should be approached with the same intensity, technical application and expertise as a patent and trademark case, or a complicated medical malpractice filing.  For, a Federal Disability Retirement case involves every aspect of any other type of complex litigation — of the proper medical evidence to gather; of meeting the established legal standard in order to meet the burden of proof; of citing the relevant legal precedents in order to persuade the reviewer at the U.S. Office of Personnel Management; and presenting a compelling description to a “jury” at OPM that one has met the nexus between “having a medical condition” and the inconsistency inherent with the positional duties required, etc.

In the end, preparing the case for submission of a Federal Disability Retirement application involves greater complexity than what the layman can normally account for, and as the fine print in those television commercials state involving sporty vehicles maneuvering at high speeds, you may not want to try this on your own.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The vacation that wasn’t

When is a vacation no longer one?  Is it when we take work with us, sit upon the sands of timeless recreation — but with a laptop or a pile of papers that are kept weighted down by a crumpled towel and children asking or demanding for immediacy of attention becoming distant noises of irritation and not the gaiety of sharing?

Or, is the intrusion upon our insular universe — you know, the mind’s eye behind the blank stare; the constant rumination of what we expect and anticipate upon our return; the angst over the backup of emails that will await us upon our return; the fear and knowledge that some devious action has been planned for by our boss or coworkers, or perhaps both in conjunction within a conspiratorial scheme no longer veiled with declared foreknowledge and barely hidden beneath the seething tides of backstabbing dominions?

Even that 3-day weekend, or the weekly routine of the 2-day weekend; they are no longer refreshments from the toil and rumination of worry and anxiety, panic-stricken with sleepless nights and dreams that once gave a fading smile but now urging you to wake up in the middle of the night drenched in pools of sweat for nightmares that won’t leave you alone.

The vacation that wasn’t — isn’t — is the one that no longer refreshes and cannot be looked forward to because the anticipation of what will be left behind becomes too overwhelming to bear.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has begun to prevent the performance of one or more of the essential elements of the Federal or Postal position, when the vacation that cannot be taken is the one that cannot be enjoyed becomes a constancy of regressive acts of futility, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Where weekends merely become a refuge to recuperate for the following Monday, but where such rest and attempted refreshment is merely likened to the proverbial struggle of rearranging the chairs upon a sinking ship, then consideration must be given to the quality of one’s life, as opposed to the quantity of life’s misgivings.

The vacation that wasn’t — it is the one that no longer refreshes because one’s medical condition has exceeded any benefits derived from trying to do more than what the body will any longer allow for, and that is the time to then consider preparing, formulating and filing an effective Federal Disability Retirement application, so that you may focus upon the priorities of life: One’s health and future well-being.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The complex simplified

Ultimately, that is the reason why we hire experts in a particular field.  Life has advanced with such complexity that everything has become particularized into specialized fields where focus upon a subject becomes narrower and narrower.

The days of former times when the neighborhood doctor came and made house visits with his black leather bag are no longer existent; instead, we go to the doctor’s office, and only then to be referred to countless and whatever other specialists for further consultation and diagnosis.  The “general practitioner” is merely the gatekeeper; once inside the gate, there are multiple other doorways that must be approached, entered, and traveled through a maze of further developments of referrals until the “right one” is finally connected to.

Law has become the same as medicine; no longer can one simply hang up one’s shingle and “practice” law in every generality; rather, the legal field has become such a conundrum of complexity that the best approach is to first understand what legal issue needs to be addressed, then to locate a lawyer who specializes in that particular field of law.  From the lawyer’s perspective, it is a job of taking the complex and simplifying it such that the layman can comprehend the issues at hand, the approach that will be taken, and the resolution offered.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the issue is encompassed by the developing need to think about the future and to adjust and adapt to whatever benefits are offered for the Federal or Postal employee in such circumstances.

The benefit of “Federal Disability Retirement” is not often even known by Federal or Postal employees to exist.  However, whether under FERS, CSRS or CSRS Offset, filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is certainly an option to be considered.  It is, however, a complex administrative process where adequate and sufficient medical documentation must be gathered, where certain key elements and points of law must be addressed, and if it is not carefully formulated, can have dire legal consequences without careful review and processing.

As with so many things in life, having a legal representative advocate for your case becomes a necessity where the complex is simplified, but where simplification does not mean that it is simple –merely that it is indeed complex but needs to be streamlined so that it is cogent, comprehensible and coherent in its presentation, substance and submission.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Systems: The mindful gargoyle

In architecture, they serve a pragmatic purpose of duality:  they divert unwanted seepage of water by redirecting it away from the side of a structure, but moreover, they serve the equally important spiritual task of keeping evil spirits at bay.

In everyday life, the concept can take on multiple meanings; of a grotesque figure unattractive on the outside, but encompassing an unseen beauty within through his or her thoughts, concerns and conceptual constructs; or of the monster which stays hidden within a tortured soul, where the fantasy of our own imaginations loom larger than the realities we may face; or, further, denoting phantasm from Medieval days where knights and dragons slayed have returned in more subtle forms of windmills left churning in the fields of fear of our own making.

All of them are barely noticed, now; onlookers pass by the structures which jut with such figures of antiquity; of monsters and grotesque figurines, we barely notice in this technological universe of pragmatism where fantasies of spiritual fears are dismissed as mere shams abbreviated from the shamans of yore; and of those looming monsters which haunt us in the nightmares of sleepless hours?

Pharmacology and the innane science of hope have become the masters of our fate, as Darwinian determinism has replaced the Oracles of ponderous paths.  There are no more mindful gargoyles; only materialism and the tactile reality of a virtual universe we have created in repose of empty caverns, where vacuity of thought is mistaken for profound moments of cognitive clarity, when in truth it is the dissonance of our own creation which leaves us trembling in the corners of our own fears, paralyzed with haunting thoughts and haunted imaginings.

But that we could return to the days of Tom and Huck, and win the heart of Becky Thatcher in braided pigtails of forgotten innocence; but, then, we would have to give up all of those “advances” we are lectured about by insistent voices booming in megaphones of self-interested diatribes.

For Federal employees and U.S. Postal workers, of course, the mindful gargoyle is of utmost importance.  For, it is that symbol and pablum of life that interjects and disrupts; the fears which prevent us from progress are precisely those which loom larger in the creativity of our own minds, where such phantoms preventing steps taken to move forward are the ones which need to be slain in mind first, then in the world outside.

That is why, often, the first step in the long bureaucratic 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, is to speak with an Attorney, in order to “objectively” assess one’s chances and develop pragmatic steps towards a potentially successful outcome.

For, in the end, preparing, formulating and filing for Federal Disability Retirement benefits should reflect a pragmatic purpose — somewhat like the architectural utility of the gargoyles seen on structures of Medieval contortions, and not left in the dusty attics of fearful minds and monsters unslain in the deep recesses of cringing thoughts.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The furrowed face

Does the palm reader tell from lines deepened and extended by time, or in the creases of birth and predetermined fate?  Do the ruts and chasms criss-crossing like doodling designs created by a madman mixing a cauldron of witch’s brew depend upon fate already set, or can the future be altered by choices one foresees?  And what of the face — the creases around one’s mouth, the ruts above the furrowed brow, or the fine filaments of timeless cuts around the eyes; do they tell a story of joy and promise, or of sadness and sorrow?

The furrowed face is but a moment’s expression; it is rather the corrugated painting, forever captured in the stitch of life’s experiences, which lasts in timeless bottles of floating memories, like butterflies caught in a web of deception where promises of boundless expectations and revelations of hope as sung from the loving tongues of mothers dreaming of tomorrow’s future for children yet unborn.

Time, experience, and confrontations of life tend to deepen the furrowed face of age.  As do medical conditions.  It is when the tripartite combination coalesces, that decisions need to be made, lest extinguishment of life become the goal of sorrow.  For, when a medical condition comes to the fore, it impacts one’s capacity and ability; when capacity and ability become impacted, then one’s work suffers; and when one’s work begins to suffer, the notice of employers, coworkers, and the Federal agency or the U.S. Postal Service begins to turn on its engine of harassment and adversarial modalities of meddlesome trickery.

Federal agencies and the U.S. Postal Service care not whether the ruts and grooves of the furrowed face deepen by the actions of an uncaring bureaucracy.

As Americans spend billions each year on health care and cosmetic products to enhance beauty and delay the inevitable lines of age, so it is often the best medicine to alter the predetermined fate of time by considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, when the furrowed face of life requires such a step.  Adulthood rarely spares any of us from the deep ruts of facial scars; and when there is a “baby face” in middle age, it often reflects deeper chasms and valleys within the psyche, where hidden traumas are screaming to be let out.

Federal and Postal employees who face the problems of work because of a medical condition have the option of filing for Federal Disability Retirement benefits through OPM, and begin planning for another stage of one’s life in the private sector.  Not everyone has such an option or an opportunity in the face of a medical condition which robs the Federal or Postal worker from continuing in one’s chosen career, but OPM Disability Retirement is that rare benefit which allows for further employment while receiving an annuity.

In that sense, the furrowed face need not be the last and frozen picture of a person’s future, and the palm reader may yet be tentative in predicting the final chapter of one’s life.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Just another Pilgrim’s Progress

Each generation believes itself to be unique according to its own fashion, and in possession of the sole quantitative cache of knowledge, wisdom and creativity heretofore never manifested by man, civilization and the alchemy of provocative thought.  It is doubtful that John Bunyan’s work, “Pilgrim’s Progress“, is taught generally in schools; for, beyond the obvious religious significance of the allegory, it falls below the acceptable level of sophistication modernity believes it has embraced.

Yet, it is in the very manner of the narrative — its richness of depicting struggles, encounters and adversarial confrontation through metaphor, allegory, analogy and displaced double entendres — that well prepares the journeying individual to encounter, tackle, deal with, and ultimately resolve the complexities of the world.

It is perhaps the loss of historicity, and the simplistic and elemental outlook, which is objected to; and of course the obvious distrust of anything involving moral condemnation presented in an iconoclastic manner — exempting, of course, those who espouse such unwavering beliefs from an agnostic viewpoint.  But the compendium of travails depicted — of the heavy burden carried, the spectrum of human emotions experienced; of shame, guilt, moral struggles and pain of endurance despite unconquerable depravity and obstacles beyond human measure — these are manifested in a manner beyond thoughts which provoke dismissive countenance.

How does one prepare for adversity?  We protect and avoid, and warn against the maladies of life; and yet we antiseptically wipe the diseases of the universe clean with empty promises of fairytale condolences.  Then, when trouble arises, we wander in lost chasms of blind darkness, reaching out with vain hopes of touching something or somebody for guidance and wisdom.

Medical conditions and the trials which they accompany, tend to bring such tensions to the fore.  For Federal employees and U.S. Postal workers who struggle with 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 positional duties required, it is well to keep in mind the story of Pilgrim’s Progress.  For, the medical condition is indeed a heavy burden; the encounter and continuing saga with the universe of the Federal agency or the U.S. Postal Service, a trial of adversity; and the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, an allegory of bureaucratic malaise.

As the story of the Federal or Postal employee who must face adversity is one encompassing an “everyman” saga, so the journey of the pilgrim who progresses through the confrontations of life must be faced with the tools of change, whether those encounters are identified in metaphorical terms, or by the stark reality of nameless nothingness which never prepared us for life’s journey, but which we must nevertheless deal with in modernity.

Sincerely,

Robert R. McGill, Esquire