Legal Representation for OPM Disability Claims: Preparations

Would you hold a dinner party without preparing?  Or attend an important meeting, host a regal gathering of accomplished celebrities or go camping in the wilds of winter’s ferocity — without making adequate preparations?

The elaborate extent of such preparations is often correlated with the importance, significance, relevance and complexity of the issue at hand, the engagement to be embraced or the event to be held.  Preparations are a vital component to the successful engagement of whatever one undertakes, and lack of it often guarantees a result of negative returns.

How does one prepare for the preparation, formulation and filing of 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?  Does one go out and ask the Human Resource Department of one’s agency, and thereby put to the winds which carry gossip about the Agency and allow the gods of the underworld to disseminate the implication that “X is filing for disability retirement”?  Do you dare test the oft-told adage in the Federal Government that “confidentiality begins with the Human Resource Office of one’s agency — and likewise, ends there”?

Or, perhaps “preparation” is merely of the ad hoc sort — of downloading the various forms (SF 3107, Application for Immediate Retirement, and SF 3112A, Applicant’s Statement of Disability, at a minimum) and beginning to fill them out, and somehow sifting through the multiple instructions and packaging a Federal Disability Retirement application?

Preparation for the initiation of any worthwhile endeavor should, at a minimum, involve seeking some advice from an “expert”, and in preparing, formulating and filing a Federal Disability Retirement application, to be ultimately filed with and decided by the U.S. Office of Personnel Management, consultation with an experienced attorney who specializes in Federal Disability Retirement Law should be a minimal step in such an important and consequential process.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Reality versus fantasy

What is the difference between reality, fantasy, dreams, nightmares and pure hallucinatory visions not otherwise categorized?  At times, we engage in the madness of asking such questions, all the while forgetting that the very reason why we are capable of making such a query is precisely because we already know the distinctions that divide the differences.

In philosophy, there is often the pure pablum and sophistry of asking questions that, at first sight, might be taken seriously.  For example, to the question: How do we know that the reality we are presently experiencing is not merely a dream of a butterfly?  Or: Upon exiting a room, how can we be certain that the objects left behind still exist despite our inability to observe them (similar to the query, Do mountains exist on the far side of the moon?  Or, if a tree falls in a forest and no one is nearby, does it make a sound?).

What we forget when we ask such questions is the precondition to the query in the first place: namely, the fact that we can talk about fantasy presupposes an acknowledgment of a reality that is distinct from fantasy, and it is precisely our “forgetting” such a presupposition that allows for the question to even make any sense in the first place.  It is similar to playing a video game, or watching a movie that skirts outside of the boundaries of believability; the mechanism to suspend disbelief is the pathway towards allowing for unserious questions to gain some credulity.

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 the Federal or Postal job, it is often this capacity and ability on the part of ordinary human beings to suspend disbelief in the reality of one’s situation that perpetuates a refusal to take the necessary next steps — of 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.

Thus can we suspend the disbelief of reality that tomorrow will be any different from today; or that the doctors will find a miracle cure; or that the Federal Agency or the U.S. Postal Service will actually attempt to accommodate the medical condition for the Federal or Postal employee.  On the other hand, fantasies allow for the continuation of hope to fester, as the reality of working for a Federal agency or the Postal Service itself often represents a surrealism that cannot be believed.

In the end, however, the reality of one’s circumstances will “catch up” with you, and the fantasy that the Federal Agency or the Postal Service would do something to accommodate the Federal or Postal employee will ultimately turn into the nightmare that it always was, and only the replacement of a reality that is recognized will awaken you from the slumber of indifference or menacing glare.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Retirement: The chronic life

The chronic life is the one that burdens; and, yet, does not all of life present a challenge of burdensome trials and persistent provocations?  Or, are there elements within one’s life that makes it feel as if we are merely the donkey for others to place their weight upon, like those pack animals of yesteryears that always looked forlorn and ready to collapse?

Why do some appear “as if” they have not a care in the world, and flit about like in some ballet skipping and hopping, twirling and dancing from one scene into the next, never allowing for the concerns weighing upon like the rest of us?  Is it merely born of attitude, or having a “positive” thought process; or, are some blocked by the concerns of life such that we are always infected with the chronicity of angst and worry?

The democratic manner of a medical condition seems always to be the one factor that is the exception. Medical conditions do not discriminate; they impact everyone in the same manner.  Whether one is a carefree person, a worrier, a person who is serious, or who flits about life without a thought for consequences, the impact of a medical condition cannot be avoided.

There are those who live the chronic life – always meeting one’s obligations; always fulfilling promises; forever planning for the future; and then there are those “others” who seem to care not a twit about such matters.  And yet, whether of the chronic life or of other-hood, when a medical condition begins to impact one’s health, the treatment and response is all the same: and, all the more so, when the medical condition becomes one that is termed “chronic”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has been deemed “chronic” in the sense that it will remain with the Federal or Postal worker for a minimum of 12 months, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset.

It may well be that you have lived the chronic life, and that it is “unfair” given the seriousness of how you have lived your life.  Nevertheless, it is the chronic nature of things in general, including the medical condition that now must be attended to, that will have to be dealt with.

But the advantage is this: those who have lived the chronic life often “deal” with the chronic matters of life with greater success, and perhaps that is the reason the Federal or Postal employee who has dedicated his or her service to the Federal Agency or the Postal Service has been well-prepared for this newest fight – against the medical condition – in this chronic of all matters: the medical condition itself.

Sincerely,

Robert R. McGill, Esquire

 

 

FERS & CSRS Disability Retirement: Private hells

It is a familiar refrain to note that everyone has a self-contained “private hell”; and an even greater understanding that it is well that such thoughts of other hells are both private, and for the most part, left silent without conveyance or communication.  But that is changing, in large part, because people believe that mass dissemination of information has now unleashed any unspoken decorum of dignified discretion.

We believe, now, that everyone should “tell all”; that private matters once left as remnants of shameful self-confessions should be publicized because it is healthy for the inner soul to be uncovered.  But if that were really true, wouldn’t utopia have descended upon the Western World by now?

Revolutionary experimentation is often a good thing – at least, in limited dosages of consumable quantities with tolerable levels of tenacity.  But the mass acceleration of unlimited informational discharges, as evidenced by the Internet, Smartphone usage and widespread hacking and release of information of such great quantities that we cannot even begin to sift through the volume, has resulted in less, than more.  Is it because of the consumer age of technological advancement in which we all presume that “more” equates to “better”?

Once upon a time, in the quietude of an asceticism viewed with reflective consternation, the serious young individual considered shame, hesitation and discretion of public pronouncement; now, however, we have lost faith, abandoned decorum, and relinquished sovereignty, such that we have sold our souls for a mere pittance in return.

We can “tell all” so that expiation of sins once reserved for Dante’s circle of hell could be replaced with and substituted for a therapeutic society which never quite treats effective, rarely cures and always costs.  The cost of what we have given up never returns that which we have invested, and what was once sacrosanct is now mere fodder for comedians and irreverence for late night chatter and laughter of the belly-aching kind.

Somehow, private hells no longer exist; instead, they end up being confessed on a daytime show by a host who is deemed to be a doctor, but of what kind, we are never told.  Private hells imply two consonants of behavioral conflicts:  of a secret and limited access of information (privacy) combined with a torment unimagined and unfelt by others (hell).  Does the former (privacy) exacerbate the latter (hell), such that there is therapeutic value in publicizing that which is private, which would then allow for hell to become transformed into heaven?

We tend to believe so, and this generation of modernity has begun the journey down that path without any empirical evidence to support its belief-system.  Whether it will work, or not, time will tell.  For the time being, however, the private hells which consume the islands of individuals will result in the devastation of souls and psyches, as it has throughout the history of mankind.

For Federal employees and U.S. Postal workers who endure through such private hells, suffering from a medical condition only exponentially creates a greater hell than the earthly one which most people already experience.  Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a means to an end.

The means is the administrative process of preparing, formulating and filing an effective Federal Disability Retirement application.  The “ends” will come about in order to escape that private hell, which is the slice of heavenly gratuity we are given with the birth of an unasked-for life, impeded by uncalled-for harassment, by unapproachable supervisors and managers unabashedly unconscious of the private hells they themselves have created.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The things we leave for repair

What we attend to immediately; that which we procrastinate, and set aside; and, finally, the things we allow to falter, to deteriorate in a progressive decline of disrepair — slowly eroding, perceptibly corroding, a sight for sore eyes, as the proverbial adage goes.  And what if it is ourselves?

Of course, the cosmetic and physical fitness industry have cornered the market and turned selfishness into a virtue, and self-love into a cottage industry; something akin to, “If you don’t love yourself, how can you love others?” (or some such parallel inanity of vacuous nonsense as that); or even a better one:  Persuade the populace to eat more sugars and processed food, then blame them for nationwide obesity while simultaneously hooking everyone on the technological steroids of smartphones, computers and the acceptability of being couch potatoes; make sports into a spectator sport, video gaming into a money-generating interest, and all the while, open the floodgates of information dissemination and tell everyone how intelligent they are, or could be, because you need not memorize any facts or have the capacity to engage in critical thinking; no, you can always Google it if you need to know, and oh, by the way, a handful of individuals, unnamed, will control the bias of information on the Internet, Facebook and Twitter from which your feeds of knowledge derive.

Slowly, incrementally, rust forms on the edges of that which we leave for repair, with the admonition that we’ll “get around to it“, that priorities overshadow for the time present; and when we have more “free time”, we will attend to it.  If we counted up all of the seconds, minutes and hours promised by a new invention or a technological innovation, the aggregate would surpass the number of hours in a single day, and we should all possess the wealth of unlimited time.  But rust in the glint of morning sunshine reflects a glow of beauty nestled in the quietude of timelessness; of those things we leave for repair, it is that growing beauty which reflects our diminishing selves.

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 all of the essential elements of the Federal or Postal positional duties, the concept of leaving thing aside — important things — is well known and knowingly engaged.  For the work accomplished reveals the extent of self-denial; the “mission” of the agency, the volume of letters, parcels and packages to be processed at the expense of one’s own deteriorating health; the need to sacrifice for the good of the whole, at the expense of one’s own health.

In the end, for the Federal and Postal worker who comes to a point where 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, the things that were left for repair are those which needed most that neglected attention; for it is the “I” disregarded, the “me” left behind despite the self-identification of a named generation, and the hollow and gaunt eyes looking back from the mirror of time, where we keep “doing for others” when the one we forgot about in the collection and vast array of the things we left for repair, calls in a desperate cry for the tools left rusting in the untouched toolbox of an undetermined future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Systems (FERS/CSRS): Of the parsimonious panderer

Somehow, merely doing your work just isn’t good enough; allies must be accumulated; alliances must be forged; outsiders, enemies and loners must be harassed, intimidated and crucified; suspicion is always cast upon the forces of neutrality, and homage paid is the quid pro quo of worldly advantage.

We tend to think that the manner in which prison systems naturally tend towards animalistic behavior of fiefdoms, savagery and community of gangs merely reflects a sociological consequence of a passing academic interest, without recognizing that the same applies in our daily lives.  One cannot merely go to work, do an excellent job and mind one’s own business; there are always dark forces beyond, awaiting and lurking, conniving to entrap and ensnare.

For the Federal employee and U.S. Postal worker who begins to suffer from a medical condition, such that the Federal or Postal employee must consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the magnification and exponential pressure of prior failures in becoming “one of us” begins to manifest itself in so many ways.

For the Federal or Postal worker who suffers from a medical condition where the medical condition prevents one from performing one or more of the essential elements of one’s positional duties with the U.S. Postal Service or the Federal agency, two problems begin to surface:  First, dealing with the medical condition itself; and Second, dealing with management, supervisors, and even fellow coworkers.

It is an unfortunate truism that pandering not only works, but works too well; and if, in the course of one’s career, one has been parsimonious in the arena of pandering to others, the price to be paid is often the harshness of refusing to join and pay the membership of the panderer’s club.

But, then, the price for possessing integrity has always been the wounded pride of the lying predator, and when the parsimonious panderer awakens the abyss of human conscience by having a need for sympathy or empathy, the herd mentality of the world around will surely respond in ways predictable, by devouring the likes of a wounded prey such as the Federal or Postal employee who needs to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire