Federal Disability Retirement: Different Approaches

There is a difference between the ‘How’ and ‘Why’ of things — “How something is done” is quite different from “Why something is done.”

One can argue that the ‘Why’ of something should logically precede the ‘How’, for the meaningfulness attached will motivate as to the mechanical doing of it; whereas, others will propose that one should simply follow Nike’s oft-repeated logo — “Just do it” — and in the act of doing it, the meaningfulness of the activity will naturally follow and be discovered.

Ultimately, they represent different approaches, and may even be characterized by different personalities.  The one who simply charges forward without purpose or meaning may be superficially identified as a ‘pragmatist’ of sorts, while the one who first ponders the “Why” of everything may require a ‘spiritual’ source in everything before proceeding.

In the end, however, the underlying source of everything returns us to that what Viktor Frankl identified as the central human motivational force — the paradoxical search for a life’s meaning.  The importance of the ‘Why’ cannot be ignored; and as science can only point to the ‘How’ of anything, the emptiness of an unanswered ‘Why’ will often paralyze us.

Life is difficult as it is, with calamities and unexpected twists and turns along the way, and the fragile state of our health can be devastating without having an answer as to the ‘Why’ of everything.

For FERS Federal employees and U.S. Postal Service workers who suffer from an chronic injury or other condition and are forced to make a major decision moving forward, preparing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management may be one of the biggest fights of your life, and while a FERS medical attorney may not be able to answer the more important question as to the ‘Why’ of what has occurred, it is the more pragmatic ‘How’ which may be needed, for the time being.

Sometimes, the different approaches require a priority of answers in a sequence less than optimally answered, and in the case of filing for Federal Disability Retirement benefits under the FERS system with OPM, it is the question of ‘How’ which must take precedence.

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.

 

FERS Medical Retirement: The Proper Perspective

You can gather all of the available facts, and yet still make the wrong decision because you fail to have the proper perspective.  To have the right perspective, you must assess and evaluate the facts as presented and arrive at the best judgment based upon a proper perspective.  The “proper perspective”, moreover, is often based upon a lifetime of habits formed in how one engages the facts amassed.

Do you allow for emotional prejudices to cloud your judgment, or have you cultivated a habit of dispassionate review?  Are you able to set aside the overwhelming sense of panic which can lead to a reactionary course of response, or can you set the issue aside and come back to it with a reserved approach of greater objectivity?

In most cases encompassing a variety of facts, a requirement of interpretive analysis must occur, and that process of arriving at the best course of action in determining the comparative and superlative degrees of a judgment does not necessarily mean that there is a singular “best” course, for reasonable people may differ on that.

And, of course, that is the proverbial “rub” of the issue — that the proper perspective arrived at the time may not lead to the best action to be taken, but merely that, given a set of facts analyzed at a given time and place, it is the “proper” one for the moment.  Other facts and circumstances may come into play if left to ponder, but because an imminent decision must be made, it is often enough to rely upon one’s best judgment in moving forward.

For Federal employees and U.S. Postal workers who suffer from a chronic illness or injury such that an application for Federal Disability Retirement benefits under the FERS system must be considered, arriving at the proper perspective will often be clouded by the medical condition itself.  As such, it is important to have the assistance of a lawyer who specializes in Federal Disability Retirement Law in order to provide the proper perspective in fighting against OPM for your rights.

The perspective of the U.S. Office of Personnel Management is always that no Federal or Postal employee qualifies for Federal Disability Retirement, and will often deny a case by making it appear that you had no chance for success, to begin with.  However, that approach is not the right or proper perspective, and the way to counter OPM and arrive at the proper perspective is to apply the law.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and respond with the proper perspective.

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.

 

FERS Disability Retirement from OPM: Thinking Ahead

The natural query as an addendum would be: Ahead of what?  What is the intervening cause, issue, obstacle, etc., beyond which the thinking must anticipate in order to overcome, and where the necessity arises in order to avert the troubles prognosticated?

We can, of course, think ahead in a general sense, and that is often a wise activity to engage in.  We all know of those whom such a process never becomes a part of their routine — always running late; often missing commitments because of scheduling conflicts never resolved; of living entirely and exclusively “in the moment” without an aforethought involving consequences of tomorrow’s needs, let alone the day after or the day after that.

Thinking ahead involves and requires planning; anticipating what will likely occur; a realistic assessment of events that can be reasonably predicted; and to act in preparation for the inevitability of near-certain occurrences.

Medical conditions in a Federal Disability Retirement case often involves such a necessity — of anticipating what will happen within a few months’ time, or a year hence.  Yes, and there is the requirement that your medical condition must last a minimum of 12 months; but that can almost always be in the doctor’s prognosis based upon past treatments of similar medical conditions.

More than that, the preparation itself of an effective Federal Disability Retirement application under FERS will require much thinking ahead, and that is when turning to an OPM Disability Attorney who specializes in Federal Disability Retirement Law becomes important — in the planning, assembling of evidence, and the execution of an effective filing of a Federal Disability Retirement Application under FERS — it all requires thinking ahead.

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.

 

Federal Disability Retirement: From Words to Actions

It is the step which faces the chasm; the human will is a peculiar and mysterious entity; from thought comes actions, but it is that step which is the deep mystery that often cannot be overcome.

We all know “talkers” — those who, though mired in the plenitude of words spoken, never get beyond that.  Are they sincere?  Perhaps.  Some people do speak with the good intentions of following through with actions, but after a repetition of patterns shown where no follow-through is established, people tend to treat such people with dismissive irrelevance or, worse, with open scorn.

Words are meant to lead to actions; when they fail to, we tend to ascribe underlying motives which can never to fully established: “He lied”; “He just didn’t have the time”; “She meant to, but just forgot”; “Oh, you know how she is”, etc.  How actions follow through; what the thought processes are; how the inner sanctum of fear and loathing come into play; these are all the wheels of mystery that turn upon the human mind.

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 words, “I have a medical condition”, may then necessitate the actions of, “I must file for Federal Disability Retirement benefits”.

The words are always there; the actions that next need to follow should likely involve picking up the telephone and consulting with an attorney who specializes in FERS Disability Retirement Law.  Then, let the attorney take the next steps; for, upon such a consultation with a legal expert, the words will then flow from “mere words” to actions that actually accomplish the deed.

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

 

OPM Disability Retirement: Knowing where your dog poops

It may seem like a minor thing, but such seemingly insignificant knowledge often represents a metaphor for greater and more relevant factors.  What happened the previous day can set the tone of how the next, succeeding day will turn out.  There is, in life, a repetition and rhythm that is fairly predictable; and when that monotony of comforting recurrence is suddenly gone, one’s world and the universe of dependability can suddenly appear shattered and unreliable.

Dogs tend to poop in the same area, and their “habit” is fairly predictable — much like human beings. Knowing where your dog poops in the back yard is important if you accompany them in the early morning hours of the following day.  As the old adage goes, you don’t want to “step in it” — whether in your back yard, in someone else’ yard, or in a public park where some inconsiderate individual didn’t “curb’ their pet.

Life itself is a metaphor for things common, and knowing where your dog poops — or where all of the dogs of the universe have relieved themselves — is a lesson about trying to keep yourself out of trouble, embarrassment, discomfort, or a combination of all three.  For the most part, we learn in life to do just that — to avoid certain areas; to keep away from certain trouble spots; to remain reserved and cautious.  But then, there are other issues that crop up that we have no control over — such as a medical condition or an injury that occurs over which we have had no say-so, no control over, and certain ones which we could not avoid.

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 constant striving to know where your dog poops — of trying to hide from the wrath of a supervisor, or of hoping that your agency will not notice how much SL or LWOP you have taken; of the work that hasn’t been done because of your medical condition; of trying to avoid being noticed too much for fear of retribution — in other words, of trying not to “step in it” — can become exhausting and daunting.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the “perfect” solution, but it is a step towards regaining some semblance of balance in one’s life so that, when you are approved for Federal Disability Retirement, you will once again know where your dog poops, even if it is dark, in the middle of the night, and the dog itself is unsure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Landmines undetected

Landmines, or other similar devices left undetected, whether improvised to explode and damage, harm or otherwise maim and kill, are constructed and implanted precisely for the purpose of being hidden until it is too late — until, unaware and unconcerned, the unwary enters into the foray of the device and suffers from the resulting potency of mayhem.

Landmines undetected do exactly what they were intended for: to catch the target unaware, and to perpetrate the greatest extent of harm and destruction possible.  Undetected, they lay in wait in camouflaged veils of surreptitious decoys meant to project an aura of innocence and harmlessness, until it is too late.

Then, of course, there are those landmines which could have been detected, or should have been; where the unwary should have been easily apprised of the potential harm, but for whatever reason — apathy, ignorance, lessening of one’s resolve or suspicion, or whatever the excuse or reflective rationale — failed in the process and suffered the consequences.

The term itself — “a landmine” — is often used allegorically and metaphorically, to emphasize a point of danger, potential hazard or other undetected potentiality, whether concealed, veiled or ignored as irrelevant and insignificant.  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 landmines undetected in Federal Disability Retirement Law may become the very ones which lessen and diminish the chances for a First Stage success.

While most mistakes are correctible, the single greatest landmine that is left undetected, and which often results with the most dire of consequences, is the one that should have been known or otherwise thought of, but was left as a mere inkling ignored and unresolved.

Consulting with an experienced attorney who specializes in Federal Disability Retirement law is a good way to avoid those metaphorical landmines left undetected, and while the Federal or Postal employee who is filing for Federal Disability Retirement benefits may falsely believe that he or she is unable to afford an attorney to guide the Federal or Postal employee through the process, it is the very opposite thought that should be entertained — of failing to afford the prevention of a potential harm upon stepping on a landmine undetected — which should make one pause and reconsider.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Little battles fought

It is the minor skirmishes of life that maintain the vitality of everyday existence; they are fought in preparation for the greater battles and campaigns.  That is why a ‘strategy’ is important; otherwise, taking the same hill countless times in a day leads one to wonder what the greater plan is.  For, futility and the sense of meaninglessness are what defeat any motivation to continue.  Incentives for advancement; a sense of growth and an optimism for the future; these and other values are what one fights for, engages in skirmishes, and those little battles that are fought with a worthwhile sense of gaining something.

Medical conditions, especially of a chronic kind, tend to diminish the will to fight.  They not only weaken and debilitate; they begin to eat away at any sense of accomplishment and striving for those valued goals.  It is, in the end, a sense of hope for which we all fight the little battles fought; otherwise, the major wars would fail to be worthwhile.

Medical conditions are the “unfair” factor in any war, sort of like roadside bombs planted in this new war of hit-and-run attacks.  They often come upon one slowly; and whether in a sudden, traumatic event or evidencing a slow progression of debilitation and subtle changes over a period of days and months, the insidiousness of not knowing how to battle it, of doctors telling of being patient, of medications themselves sometimes having worsening side effects that complicate, exacerbate and exponentially magnify in frequency, severity and other realms of wounds endured – these all cumulatively combine to create a sense of frustration like fighting an enemy you cannot see and will never be able to actually “fight” in the traditional sense.

That is why preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an important step in those “little battles fought” – for, unless the little ones are taken care of, the large ones that loom ahead may not be properly engaged in.

Reorganizing priorities; focusing upon one’s health; determining the future course of relevancy; these are all part of the metaphorical battles to be fought, but for the individual who experiences the medical condition and specifically for the Federal or Postal employee who must consider filing a Federal Disability Retirement application, they are no less real than the sudden devastation of a roadside bomb exploding beneath one’s Humvee.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Other people’s misery

Why is it that the misery of others tends to soothe our own?  Yes, yes – we grant the common and appropriate responses of heartfelt empathy and facial frowns and perhaps even some tears; but in the end, is it because of the resulting comparative analysis – of a cold, rational and logical methodology of responsive behavior – that we appease the gods of fate in some primitive form of sacrificing others, knowing that so long as the traveling karma has not yet noticed our own plight of devious accord, we are safe for another day?

Or is there some false paradigm upon which most of us operate – that economic prosperity is based upon a limited “pie”, and we must take a set portion before it disappears, or protect the leftovers we have salvaged against the ravenous predators who seek to deprive; or that chance and statistical ascription of proportional divides mandate that there is only a predetermined reach of human misery on a macro-level, and so long as that preset number is satisfied, such tragedy of suffering will leave us untouched?

We certainly have a history of such mythological adherence; whether of man’s historical conduct by religious fervor and slaughter in the name of heavens unreached (which has still not quenched its thirsting pinnacle of folly, as current epics attest to), or in the silent quips and prayers uttered to protect ourselves from nature’s fury; we believe, somehow, that but for the grace granted by an unfathomable other, we would experience the plight of those whom we would rather avoid like the plague.  Or is it much more basic – somewhat like the epidemic which takes the life of another, and the thought is, so long as the infectious predator busily devours and destroys the next guy, you are immune to its distracted attention?

We certainly find relief, and even enjoy the consternation of discussion, in other people’s misery; to stand around and about gossiping of trials and heartaches inflicted (with the distinction appropriated that, because the point of such exchanges are meant to be “helpful”, so the difference between “malicious gossip” and what we engage in must by definition allow for the momentary lapse from decorum) upon “poor Joe” or “Aunt Emma”, all the while making sure that the concealing mask bordering upon frowns and distraught distractions would not betray the sense of relief felt that it is the “other” guy whose misery remains.

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 positional duties, the thing that must be known and recognized at the outset is that the human need to embrace, discuss and “do something about” other people’s misery, is that the “other” person is you.  Thus, whether in a small department or a larger agency where anonymity prevails, or in a small post office or larger postal facility, the gossip which runs throughout will be like an untamed fire where no amount of extinguishers will control the spreading of it.

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 the only way to control the discussion of that which once was the subject of another, when the “other” of other people’s misery becomes the object directed at you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The collision of grammar and life

The cynic will scour each entry for just such an error of punctuation or misspelling, and declare that, indeed, the author’s own actions confirm such an event; the greater question, of course, is not that it occurred, but of what import or consequence.

There was a time, of just a few generations ago, where the number of noted authors, commentators and social giants measured by pen and ink, were counted by the hands of a single individual; now, with the diffuse pervasiveness which includes paper editions exponentially quantified by electronic media, as well as the vast array of blogs, comments and Internet “conversations” on Facebook, Twitter (who ever imaged that such a limited conceptual construct would be considered seriously in a political campaign; yet, on the other hand, the limitation of the numerical volume of words likely is proportional to the intellectual capacity of the user, as confirmed by current events), Instagram, etc.

From H.L. Mencken to Hemingway; of the age of Buckley and Vidal; the heyday of the wordsmith, replacing the blacksmith who had to work in the forge where life, the torturous heat of hell, and the reality of contending with trying to mold the harshness of nature’s metals, brought to the forefront the daunting task of trying to earn a day’s wages. But as the general rule is that quantity diminishes quality, and wider dissemination fails not to embody pervasive ignorance, so the collision of grammar and life occurs less with the advancement of technology and informational overload.

For Federal employees and U.S. Postal workers who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the primary focus in preparing, formulating and filing for Federal Disability Retirement benefits is in that “write-up” of one’s Statement of Disability as required by SF 3112A.  That is, indeed, where grammar meets up with life, and the manner of prose, the punctuation advanced, and the words chosen, will all coagulate to present the force and ferocity of one’s evidentiary impact.  If represented, the lawyer will likely include a “legal memorandum” arguing your case, as well, through legal citations and references to the statutory and case-law basis upon which the Federal Disability Retirement application should be approved.

In the end, life is rarely lived in a vacuum, and hermitages of yore when medieval fiefdoms were aplenty, no longer abound with plenitude of choices; and for the Federal or Postal employee who must contend with the bureaucratic morass of the U.S. Office of Personnel Management, the preparation of one’s Federal Disability Retirement application is indeed a time when the collision of grammar and life may well occur.

Sincerely,

Robert R. McGill, Esquire