Federal Disability Retirement Benefits: The Next Step

There is always one, isn’t there?  From the very beginning of life’s experiences, there has always been the next step.  For the toddler, it wasn’t enough to take the first step — there had to be the second, the third, and every next step thereafter.  It wasn’t enough to learn to read, write, and do some basic arithmetic; you had to take the next step towards higher education in order to remain productive and become employable.

The next step is always the one after the initial and intermediate ones; and even after the last step in the process may have been reached, there will always be another “next step” in the next endeavor, the next experience, the next obligation and the next undertaking.  The last step in life will only come about when we take our last breath — and even that, we shall see whether or not there is a next step in whatever happens on the “other side”.

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, contact an attorney who specializes in performing the next step in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

For, in obtaining a Federal Disability Retirement annuity successfully, it is always the next step before the next, next step, which is the important one in order to reach the next step, after that.

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.

 

Postal & Federal Disability Retirement: Competing Interests

It is a concept which is familiar to all; for, within a society where various individuals interact, where each person represents a self-interest and groups of individuals combine to form aggregate (or “corporate”) interests, the competition that develops and erupts is a natural phenomena.

For the most part, society operates well and rather smoothly; courts allow for competing interests that have reached a point where resolution must be arbitrated by a third-party authority; physical violence where competing interests resulted in an altercation are resolved by a criminal judicial system; and a well-trained police force deals with competing interests where laws have been violated.

Between nations, competing interests are often resolved by diplomatic negotiations — or end up in wars, resulting in devastation and famine for the general population.

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 competing interest which should be identified are: The applicant, whose interest is to obtain a Federal Disability Retirement benefit; the Federal Agency or Postal Unit, who may or may not be supportive of the employee/applicant, and thus may represent a “first order” competing interest; and the U.S. Office of Personnel Management, whose competing interest is to deny, where possible, the employee’s application for Federal Disability Retirement benefits.

There is also a fourth “competing interest” — that of a Federal Disability Lawyer who will effectively represent the Federal or Postal employee.

Such a lawyer, however, “competes” against the Agency and OPM, and advocates for the Federal or Postal employee.  Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and consider whether or not you need proper legal representation in competing against the competing interests you will be facing in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement under FERS: Performance, Conduct or Attendance

Those are the 3 areas which the U.S. Office of Personnel Management looks closely at when evaluating a Federal Disability Retirement application under FERS — “performance”, “conduct” and “attendance”.  There is a 4th criteria — that of “incompatibility” — but that issue is normally applied when a medical condition manifests itself as being inconsistent with the positional requirements of a job.

“Performance” is determined objectively by whether one has fully met annual performance evaluations/ratings; “conduct” concerns any record of adverse proceedings initiated by the Agency or the Postal Service, including written warnings, reprimands, on or off-duty allegations of misconduct, charges and/or convictions; and “attendance” deficiencies are determined by the remaining level of accrued leave, whether of SL, AL or use of LWOP and the exhaustion of accrual.

These — OPM has determined — comprise a more “objective” basis upon which a Federal Disability Retirement application is determined.  Of course, one’s medical condition is further evaluated based upon the severity, type and category of the medical condition itself, as well.

When considering filing for FERS Disability Retirement benefits, ask yourself the question, “Do I have any deficiencies in performance, conduct or attendance?”  Next, Are there objective factors that can show definitively that I am no longer able to perform one or more of the essential elements of my job?

Having a supportive doctor is crucial in a Federal Disability Retirement case, but other indicators as well can be used in arguing in favor of one’s case, and objective indicators can make the difference between success or failure in all cases reviewed and evaluated by the U.S. Office of Personnel Management.

Consult with an experienced Attorney who specializes in Federal & Postal Disability Retirement Law to determine the viability of your case; for, in the end, it is the presentation of objective factors which will win your case, and not your “feelings” as to whether you can do your job or not.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: On a tenuous ridge

How do you know whether to proceed; whether it is safe to proceed; whether the roads or pathways are safe enough? What constitutes success? Is it known before it is anticipated, or is it just a self-delusional sense of confidence that sometimes deceives and at others, proves us wrong?

To be on a tenuous ridge combines the two negative aspects of objectivity and subjectivity: Of a physical place that is sharp and often dangerous (the “objective” world) and the mental determination that encompasses a sense of weakness and lack of confidence (the “subjective” perception of a situation); and the combination of the two provides a compounding of a conceptual negation that places one is a precarious state of being.

To be on a tenuous ridge can be a metaphor for proceeding in life, in whatever endeavor or misadventure, without the benefit of experience, hindsight, wisdom or knowledge.  That is the sense and feeling that the Federal or Postal employee possesses when a medical condition begins to impact one’s ability and capacity to continue in one’s chosen Federal or Postal career — to be walking on a tenuous ridge.

For Federal employees or U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the approach that must be taken should be to get off of the proverbial ridge of tenuousness, and instead to walk upon firm ground with a sense of confidence entering into a future.

Although the future may remain somewhat uncertain during the complex process of maneuvering through a Federal Disability Retirement application, nevertheless, the knowledge that one’s case is the best one that has been put together, goes a long way in avoiding the pitfalls of a tenuous ridge.  Consult with an experienced attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application; for, there is another adage similar to “being on a tenuous ridge” that you also might want to avoid — of “jumping from the frying pan into the fire”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The divided relic

If an ancient relic of sacred origins must always travel with wherever a community, a tribe or an individual must go, can its essence remain intact despite being divided into multiple forms?  Can a divided populace split into two its sacredly-held relic, whether for theological reasons of disputatious incommensurability, or simply resulting from an old-fashioned “I don’t like them anymore” conflict that has erupted into an irreconcilable fissure?  In other words, is the sacredness of the relic contained in the essence of the thing itself, or by the bonding influence of the people who view that item of antiquity with awe and frightful respect?

Whether a sacred scroll or a Bible (which, obviously, would be difficult to divide), or a crystalline object, an ancient arrow holding magical powers or an assortment of divinations empowered by a rich history of spiritual conquests — whether such relics can retain their efficacy for a community divided, might depend upon the strength of the belief itself, and the foundational reliance upon such antiquities of thought-processes.

That is, perhaps, one of the many problems of modernity; we no longer have the capacity to believe in the power of ancient relics, divided or not; and, instead, we put our faith into the predetermination of a Darwinian paradigm, where the gene pools of those who have survived merely contribute to the greater sense of invincibility within a genetically maladjusted populace of pure materialism.  Thus do we abandon all sacred rites of passage and living – of entrance into adulthood, marriage, the sacrament of forgiveness and the commodity of grace.

The divided relic does not lose its powers because of the division into pieces greedily and hastily fractured by human conflict, but because the very act itself merely reflects a broken heart no longer tethered by faith, belief, community or commonality of belonging.  No – it is because we have accepted fractured lives as a justification for dividing sacred relics, that the very sanctity of the relic itself has been diminished and sullied.

Indeed, that is what happens in the Federal sector and the U.S. Postal Service, with people and the workplace itself.  No, there are no sacred relics to be divided in the Federal agency or the U.S. Postal Service, but there can be – should be – a sense of commonality of purpose and an empathy undivided such that the work and missions of the entity itself can be carried forth with a purposeful intent.  The strength of that sense of cohesion, however, is often reflected when a Federal or Postal employee is beset with a medical condition, and must file 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.

If the Federal agency or the U.S. Postal facility responds with supportive empathy (rarely seen), then that sense of an undivided and worthy relic remains like a residue of bright hope; but, more often than not, it is the opposite effect that is seen – of a divided relic reflected in the pool of harshness and indifference revealed by human depravity, by harassment, intimidation and scorn within the community of Federal and Postal workers.

Such a state of affairs when responding to a Federal or Postal worker who is in the process of going through the administrative trials of filing a Federal Disability Retirement application through OPM is reflective of this state of modernity, where the divided relic can so heartlessly be accomplished without concern for the essence of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from USPS or other Federal Agencies: Solomon’s choice

Even in this age of millennial ignorance of ancients, literary or biblical references to arcane metaphors (while taking delight in such useless information as the minutiae of Sanskrit grammar), the general view that King Solomon’s judgment was profoundly wise, is accepted without argument.  Yet, were his assumptions correct, and do they apply today?  Is it presumptively reasonable that love of child would rise above the other emotions felt – of jealousy, perhaps, or envy of the other mother – and declare the truth of the hidden motive?  Is there a priority or order of sequence that necessarily mandates truth to manifest itself, when the choice is one of death, loss, sacrifice and the horror of splitting a baby into two?

Of course, beyond the significance of the epic story itself, is the metaphor we are left with in living our daily lives – of making a choice between honor and its opposite, or of Truth and Falsity; of enduring for the sake of X as opposed to sacrificing in the light of Y.  To embrace a Solomon’s choice is to accept that there is a binary presentation in life’s offerings, and while that is often the appearance of a case, it is the stark reality of the limitations of alternatives available, that makes a decision to be made difficult and unenviable.

For Federal employees and U.S. Postal workers who must endure and “deal with” a medical condition, such that the medical condition has come to a point of interference with many of life’s major activities, including employment and performing the essential elements of one’s Federal or Postal position, the options presented are often binary, and sometimes adding another to create a trinity of choices.

The Federal or Postal employee can remain and endure; or, if the Federal or Postal employee has met the minimum eligibility requirements (18 months of creditable Federal Service and an evidentiary basis of showing that a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job), consideration should be given to preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

The “other” choice, of course, is to walk away and do nothing; but that is, in effect, no choice at all, for the time invested and accrued in one’s Federal or Postal career should never be discarded and forgotten, especially when the second option is there to be accessed.

In the end, perhaps Solomon’s choice was, likewise, parallel to that “third” option which resulted in the decisions made, and as a consequence, bore the fruits for the future Trinity.  To split the baby in half could never have been a serious consideration, just like walking away without trying should rarely be considered by a Federal or Postal employee who suffers from a medical condition which prevents him or her from performing one or more of the essential elements of one’s Federal or Postal job.  Solomon’s offer was, of course, a wise one; for, in the end, he knew that such a choice was an untenable one, just as the Federal or Postal employee knows that filing for Federal Disability Retirement benefits is the one which will ultimately be the wise one.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Private thoughts, public offerings

The bifurcation of human contemplation can take many forms, and rarely do they conflict with each other, unless the former is involuntarily injected into the cauldron of the latter.  One can hold private thoughts contrary to one’s public image; and the public self can contradict the private soul without a condemnation of hypocrisy, so long as the two are never manifested as unconcealed revelations of surprised protocols.

We suspect that exacting consistency between the former and latter has never existed in the history of mankind – beginning with the dawn of hunters who trembled with an inner fear so violent that want of flight was paused only by the shame that would prevail at the tribal dance where bravery, conquest and manhood are celebrated; or in more “civilized” settings when socialites raised eyebrows upon behaviors deemed uncouth and agrarian, where divisions of social consciousness resulted from the miscreant amassing of wealth previously unknown.

Can resentment be concealed in a long-enduring marriage, or fear of death be tightly coiled within the heart of a warrior?  The samurai who gave his fearless allegiance to the daimyo, who in turn swore body and soul to the Shogun – did they avert the openness of their trembling by dispensing favors and accolades to the underlings who disseminated the fearsome bloodlettings?  And what of politicians today – the acceptability of having a “private belief” contrary to the “public stance” – do they constitute a hypocrisy, or an acceptable division of setting aside personal feelings for the greater good in public service?

Often, the misguided confusion arising between a conflict of contrasting private thoughts and public offerings, is just that:  We fail to contemplate the ends thought, and mix the means for motives untold, and in the muddle of such a conundrum of confusion, think that it reflects upon the meanness of our own souls, without recognizing that human frailty must always allow for a bit of good humor, if we are to survive the self-flagellation of our inner desires.

Federal employees and U.S. Postal workers have this same problem – of fealty and loyalty to a Federal daimyo or Postal Shogunate without considering the misguided and irrational basis of such compelling inconsistency.  The thought that loyalty to an agency or fealty to the Postal Service must continue despite hostility and abuse perpetrated merely for suffering from a medical condition brought on through no fault of the Postal worker or Federal employee, is tantamount to the bifurcation between private thoughts and public offerings:  publicly, in the company of coworkers, supervisors and managers, the smile of contentment and membership in the agency’s team spirit must be on full display; privately, the suspicions and paranoia mount because of the workplace hostility engaged by others.

Betrayal itself is often a misguided embracing of a blind trust; you cannot betray those who have already undermined your every turn.  Filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a very private matter, precisely because it involves the most private of information – one’s medical condition and the records which reveal the intimate and private details of it all.

Filing a Federal Disability Retirement application, first through one’s own Agency or H.R. Department, then to the U.S. Office of Personnel Management, is a “public” act in many ways, and it is that act alone which often makes one pause.  But this is where the “rub” must be faced:  In order to access a public right (filing for Federal Disability Retirement benefits), some extent of the private information (the medical condition; doctor’s narratives, office and treatment notes, etc.) must be “offered”.  Yes, it is a difficult decision – but one which must be faced in order to get beyond the private hell within the cauldron of the public hostility and workplace harassment which will only continue until an effective Federal Disability Retirement application is approved by OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The magical potion of impotence

It is the insertion of the preposition, or the omission thereof, which makes for the alteration of meaning and the subtlety of conceptual differentiation.  Note that it is the grammatical playground – “of” – as opposed to “for”; and that small distinction makes for a vast difference.  For, if the latter would replace the former, then it would mean a declaration of a solution to the age-old problem of what old age does to us, what loss of vigor for life, stamina in living, and deterioration of purpose makes of us.

Instead, because of that minor word, comprise of two letters – a consonant and a vowel – as opposed to the addition of another consonant, that identifies the problem, as opposed to proposing the solution.  For, if one were to insert the headline, “The magical potion for impotence”, and moreover, end it with an umph by inserting the punctuation of an exclamation point (“The magical potion for impotence!”), and even make the relevant preposition in bold (“The magical potion for impotence!”), it is a confirmation of a solution found, and not a problem identified.

Instead, we are left with less, abandoned by a twofer as opposed to a threesome; and by that mere omission of a singular consonant, the entire meaning of the declarative sentence is reduced to a core admission that not by a solution is the sentence offered, but by a mere confession of less and subtracted inferiority.  And, what is the “magical potion” of impotence?  What lack and lessening are we referring to, when by prepositional subtraction, we refer to the problem and not the solution?

It is (surprise) – words and language.  For, language is both magical, and a potion of sorts; it allows for communication, conveyance of meaning, and a solution to puzzles universally acknowledged.  It excites for the beauty of imagination, where one may observe a child lost in thoughts, in fantasies created by fairytales and worlds within the psyche of one’s soul, and delight in laughter, dream in aspirational hope, and become laughing mites in a greater world of sorrow and darkness.  It is through words, sentences and conceptual compounds that wars can be averted, disasters can be presciently subverted, and love can be expressed.

Concurrently, however, it is also the venue to an inability to accomplish – and that is where the magic itself, in potion-like medicinal dependence, can undermine the vigor of living.  It is when we depend upon words alone, and ignore the reality of the physical world around us, that it contravenes the very essence of life.  For, words alone, without necessary actions to follow, will often result in a weakened state of impotence.  It allows for a somnolence of seeming serenity, where we engulf ourselves in the security of words, more words, and greater soothing slumber of mere words.

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 position, beware of the magical potion of impotence; for, one can remain in the wallowing slumber of words – words from doctors, sentences from Federal Agencies, threats from Supervisors and Managers – and never take the necessary next steps.

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, requires that “next step” of “doing” – so that the magical potion of impotence can become transformed into the magical potion for impotence, and not remain the lesser, the subtracted, or the omitted consonant left behind.

Sincerely,

Robert R. McGill, Esquire