Federal Employee Disability Retirement: Simplicity revisited

We all yearn for it, though we defy the very thought of it by living in its corollary.  Simplicity is what we preach, that of which we dream and for which we strive; but, in the end, the clutter of life’s misgivings always seems to overwhelm, dominate and ultimately destroy.

Do people still run off in a crazed dash and join a monastery in order to escape the complications of life?  Are there such places, anymore — of a monastic order that welcomes strangers who have “lost it” and receive them as fellow “brothers” who will spend the rest of one’s days tilling a small garden, praying together, shunning material wealth and chanting deep into the night with echoes of lonely voices dripping like so many raindrops pitter-pattering upon clay shingles when once a career of complexity overwhelmed?

Or is simplicity merely a mirage, a dream never to be fulfilled, a yearning in the heart of man that remains forever a hole, a chasm never to be reached and a well of such depths as to never draw water?  Does the desk that reflects clutter represent a mind that is just as diseased?  Does accumulation of “stuff” make us happy, and when the king at the end of his life waves goodbye, is it the golden chalice that he hugs in the bedsheets of decay, or of a wife forlorn and forsaken because of mistresses left weeping?

Life is complicated, and simplicity, whether yearned for or revisited, is something that is sought in the hearts of all men and women.

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, the complications wrought from a medical condition cannot be denied.  The question is: How can simplicity, revisited, help?

Filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management is not an uncomplicated process; however, it is the end-goal that is sought, which will hopefully simplify the complications abounding, by allowing for a singular focus beyond work and financial insecurity: One’s health.

But that life itself were so unfettered, perhaps some of the stresses that incurably surround us might be lifted; but for the Federal employee or Postal worker who needs to at least untether the nexus between work and worry, preparing, formulating and filing an effective Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, is at least a first step towards simplicity, revisited.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The flowers of spring

Poets describe them as metaphors for future hope; youth that still holds out for a time beyond, where life is full of unaccounted happiness and time yet to be spent without fear of regret; and for the old and dying, remembrances of a yearning that once stirred but are now waning for lack of vigor.

There are flowers in other seasons; and even when the winter months blow breaths of icicles that form with each quiet whisper, of the camellia that withers not nor wilts in the snow banks that whistle alarms of shuddering regrets; but of the flowers of spring we smile and walk aglow like so many elves reinvigorated by the accomplishments of having been Santa’s helpers in a workshop full of toys that brought delight.

The flowers of spring represent that glimmer of hope, no matter the station of one’s life, the stages that make passage through time inevitable towards that dark tunnel that pervades when sorrow weeps the midnight train that whistles through the cavernous calm of a trickling fade.  Must death always be the fate of Man when once hope was what the dream allowed?  Will the poet bring forth words of encouragement even when health deteriorates, madness screams and life seems but a faint murmur of a heart yet thumping for a yearning tomorrow?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to endanger and threaten one’s career and the investments made for a future that once seemed so bright and certain, it may be that the choices presented are quite limited — like the flowers that can survive through winter’s discontent.

Federal Disability Retirement is an option that should be considered when the medical condition begins to prevent the performance of one or more of the essential elements of one’s Federal or Postal job, and consulting an experienced attorney to begin to map out a pathway out of the inconsolable chasms of winter and bring forth the flower of spring may be the first step in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Trust

Is it by actions followed by words, or by mere words spoken that it develops, solidifies and concretizes? Can we really go by appearances alone, or must there be a history of words followed by actions, followed further by assurances, then again by more actions, until a sense of comfort and solidarity of feeling comes together to form an aggregate whole where we declare within our inner consciences, “Yes, I trust him (her)”?

Trust is a peculiar human emotion –for, it is an emotion, in the end, is it not?

Not quite like smiling or crying; not nearly a cousin to a shriek or a wail; but more akin to a calm, a peace of mind or a self-satisfying sigh.  Once earned, it can last a lifetime and beyond into off-springs and surviving relatives; once betrayed, it may be that it can never be restored, no matter how many apologies, the innumerable “make-up” actions and the irrelevancy of gifts galore.  For, how can you restore that which was meant to be inviolable?

If a spouse cheats once, will the suspicion of another time ever disappear?  If a person abandons his or her post and absconds in the middle of the night, does that not hint to a character flaw that he or she can and likely will do the same thing again?  Would an embezzler be invited to be employed as the head treasurer once accused, convicted and imprisoned?  Can trust shaken once ever be regained?

For Federal employees and U.S. Postal workers who are considering 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 issue of trust will need to be met head-on at some point.

When should the Agency be told of one’s intentions to file for Federal Disability Retirement benefits?  Who should be told and who will be the one to tell?  How will confidential issues – gleaned from medical records and the Applicant’s Statement of Disability – be handled, and by whom and by which prying eyes?  Should the issue of confidentiality be magnified, be concerned over, and which employees actually have a “right to know” concerning all such issues?

These and many other legal entanglements constitute the encompassing purview of a Federal Disability Retirement application, and for answers to these complex questions, queries should be made in consultation with an expert in the field of Federal Disability Retirement Law.  For, in the end, it is the lawyer who is the advisor and counselor who gains the trust of the client through his experience, specialty and knowledge of the law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Uncharacteristic Behavior

It is the clash between an expectation and the actualization of an encounter, which determines one’s perspective of self-fulfillment of a belief, or a resulting dismay from failure of verifying the basis of a paradigm.  Characteristic behavior is thus that type of human encounter which meets with, or exceeds, one’s predetermined paradigm of what one has already believed to be so; to act out of that previously considered belief system, by definition makes it fall outside of the realm of such expectation.

For the Federal employee and the U.S. Postal worker, the bureaucratic complexity of the entire administrative 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 normally not a surprise, and meets with or even exceeds, the expectation of an already-formed paradigm of what constitutes the “characteristic behavior” of the system as a whole.

It is the anomaly of the century when efficiency, helpfulness and pleasantries prevail throughout the process of filing for Federal Disability Retirement benefits, where one hears with surprise and shock that it was “uncharacteristic”.  Sadly, that tells us something.  While somewhat unfortunate, we must always remember that the road of every bureaucratic process is paved with personalities of every type.  We tend to lump the entirety of an administrative process into a single cup and cauldron of judgment, but the reality is that there are multiple categories, just as there are different types of people throughout the universe, distinctly compartmentalized into:  helpful; friendly; efficient; nasty; backstabber; fair; unfair; loyal; unpredictable; just to name a few.

The process of filing a Federal Disability Retirement application through OPM can be a stressful one, if only because it is based upon an obvious stressor to begin with:  a medical condition which impacts one’s ability to perform one’s Federal or Postal job.  But it is not the bureaucratic process itself which adds or detracts from the inherent complexities of the process, but the behavior — characteristic or not — of those who must help along the way or hinder the necessary transition of the Federal or Postal employee, from one of active Federal or Postal employee to that of disability annuitant.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Preemptive Actions

Knowledge can be a dangerous commodity; partial, or little knowledge, can be all the more damaging, precisely because actions can result based upon incomplete information and slices of factually curtailed composites.

The Court of the Appeals for the Federal Circuit has previously pointed out one of the methodological deficiencies engaged in by the U.S. Office of Personnel Management, in its review and determination of Federal Disability Retirement cases:  of focusing upon that which is not included in a Federal Disability Retirement application, as opposed to reviewing the information of what has been received.

Such a distinction may be a subtle one, and a difference which can be easily overlooked, but it reveals much more than mere word-play.  For, what it manifests is an application of a criteria based upon an erroneous assumption, and one which continues to be applied to this day, despite case-law which admonishes OPM to the contrary.

Vanieken-Ryals v. OPM, a 2007 Federal Court of Appeals case, points out the error of OPM’s ways in Federal Disability Retirement cases, where insistence upon “objective” medical evidence continues to dominate, despite the lack of such requirement to the contrary.  Such an issue is especially relevant, of course, in cases where psychiatric medical conditions prevail, and when OPM insists upon the lack of such “objective” medical evidence where none can be obtained, it leads to Federal and Postal employees to react desperately in a preemptively unreasonable frenzy of actions.

Not knowing the law is one thing; knowing, but deliberately ignoring it, is quite another.  But the price Federal and Postal employees pay for when a bureaucracy engages in practices which clearly defy the clear mandate of legal requirement, results in preemptive actions which ultimately lead to another day in Court, to argue that which one thought was previously already established.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Purgatory Reverie

The state of the intermediate, the surreal loss of traction in suspended animation; of trying to jog on ice, or to reach a destination traveling on a treadmill; this is a sense one is left with in dealing with a juggernaut of a bureaucratic morass.

In this day of immediacy, where the instant satisfaction of wants and the now of gratifications is met and reinforced by the push of a key, the click of a mouse, and touch of a sensor; and as virtue is no longer looked upon as a necessary ingredient of character, but rather an irritating obstacle to a material goal, so patience cannot be wanting where fissures have widened to such an extent that chasms have created chaos.  Planning ahead is always the key to the timely confluence of achieving the stated goal.  And then some. And perhaps even to multiply the waiting time by a factor of 2.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of one’s job, it is precisely that inherent self-contradiction of the constancy of being forever suspended, which gives rise to frustration and turmoil.

Much of it is in anticipation of what the Agency, or the U.S. Postal Service, will or will not do.  Will they initiate an adverse action during the process?  Will they approve the discretionary LWOP request?  Will they “support” the Federal Disability Retirement application, or attempt to undermine the procedural march towards OPM’s approval?

Waiting upon an agency is never a good idea; neither in deciding to move forward on a Federal Disability Retirement application, nor in trying to make an educated guess as to what the agency’s reaction would be (or, in dealing with one’s agency, is it an oxymoron to concurrently use the terms “educated” and “guess”?).  Agencies move at their own pace, and do what they want, when they want, as fiefdoms and totalitarian republics are decidedly meant to provoke.

It is never a good idea to make one’s decision concerning preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, by waiting upon an agency’s actions; for, the immediacy of ignorance may never come about, or suddenly be initiated yesterday; and as purgatory is in and of itself a reverie of angels suspended in timeless harpsichords of orchestrated serenity, so the ill Federal or injured Postal employee who thinks that it is a good idea to wait upon the Federal agency or the U.S. Postal Service before initiating a Federal Disability Retirement application, will of course remain lost in the long and winding road leading to the pearly gates of tomorrow.

Sincerely,

Robert R. McGill, Esquire