OPM Disability Retirement: The Frustrating Process

Every administrative and bureaucratic process is a frustrating one, and waiting for an OPM Disability Retirement application to be approved is likely the epitome of frustration.

Thus, it is essential to understand at the outset that filing a Federal Disability Retirement application with the U.S. Office of Personnel Management is a long and arduous process that will likely take many years to accomplish, and nothing short of a miracle will expedite the time required.

One’s own efforts in attempting to take shortcuts will have minimal impact upon the ultimate outcome.  Still, an Federal Attorney who specializes in Federal Disability Retirement Law can undoubtedly enhance the chances of an earlier approval.  Even then, however, Federal and Postal workers need to understand that a great deal of the process merely involves waiting.

Filing quickly does not result in OPM rendering a quicker decision.  Often the contrary is true: By preparing an application quickly, it is likely not as strong a case as it could have been and when OPM finally gets around to reviewing it, a likely denial will be issued, further prolonging the waiting period because of needing to go to the next, “Reconsideration” Stage of the process.

And while every bureaucratic process inherently possesses its unique set of frustrations, OPM Disability Retirement has the added feature of contending with a serious medical issue, which tends to magnify the frustrations involved.

Can anything be done about it?  The short answer is, Not Really.  Calls to OPM will often only exasperate the level of frustration, and while “doing something…anything” may temporarily appease the frustration in the short term by making it appear that some progress is being made, almost all such efforts come to naught, and all that remains is to await OPM’s response.

Once received, of course, the entire process can be a further stage of frustration.  For, if an approval is received, there are further battles in getting the annuity payments started, and that doesn’t even touch upon whether the annuity is correctly calculated.  On the other hand, if a denial is issued, the bureaucratic frustration is further extended, especially because of the short timeframe provided in preparing and submitting a response.

Any Federal or Postal employee contemplating preparing, formulating, and filing a Federal Disability Retirement application under the FERS system to be submitted to the U.S. Office of Personnel Management, must be prepared for a long and frustrating administrative process.

And if you want further insight into this lengthy and frustrating process, you may want to first consult with a Federal Attorney who specializes in Federal Disability Retirement Law.

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 Employees Retirement System (FERS) Disability Retirement: Against The Wall

It is variously described — an obstruction; an obstacle; but seen from the inside, it allows for privacy and protection.  Think about the story of the Three Little Pigs and the differing materials of construction, where the first two failed in implementing a secure-enough wall to withstand the forces of the wolf’s cunning attacks.

In every phase of life, we encounter them; how we view them, what we do when we see them as obstructions as opposed to insulating, protective entities — it reveals much.

For Federal employees and U.S. Postal workers who are intending to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, “the wall” is represented by OPM itself; for, they hold all of the proverbial “cards” in approving or denying a Federal Disability Retirement case.

You, the Federal or Postal applicant, stand on the left side of the wall.  How you climb over the wall onto the right side — an approval from OPM — depends upon how you maneuver against the wall.  Do you go against the wall by sheer luck and lack of forethought?  Or, do you build or buy a ladder — metaphorically speaking, of course — which includes logical and legal argumentation?

Contact an OPM Retirement Attorney who specializes in Federal Disability Retirement Law and stop banging your head against the wall, and instead, begin to build the solid foundation which is built to overcome the obstacle between you and a Federal Disability Retirement.

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: Parting With Our Former Selves

Perhaps that is the issue which often prevents a Federal or Postal employee from filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management — of parting with, or from, one’s former self.

For, clearly, a proverbial “fork in the road” occurred — of a recognition that one’s medical condition has impacted the ability, capacity and potentiality for continuing to work in one’s Federal or Postal career; but the image of one’s former self (before the impact of one’s medical condition) still continues to prevail, to dominate, to remain in prominent presence — to haunt.

What one was; the self-reflective confluence of that competent, self-assured individual who once was able to do almost anything.  Our former selves must face the reality of who we are today; and today is not a permanent fixture of what may bring about tomorrow.

Contact an OPM Attorney who specializes in Federal Disability Retirement benefits from the U.S. Office of Personnel Management, and begin the process of letting go of, and parting from, out former selves.

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 Medical Retirement for Federal Government Employees: Avoidance

It is a common tool of the psyche and ego; by engaging in it, one skirts around an issue, and like its cousin, procrastination, it allows for a period of calm respite.  Avoidance is a form of procrastination; both allow for the subject of their common focus to fester, to grow, to loom large in the background without attending to its causes.

Say you are standing in your bedroom; it is raining; there is a patch of discoloration in the ceiling.  You wonder if the roof is leaking.  You pass it off as bad eyesight, or some other reason, and turn away, avoiding the problem by simply ignoring it.  The next time it rains, you sneak a peek and, sure enough, the discoloration has expanded, but you say to yourself, “Well, there is no actual drip from the ceiling, so perhaps it is not a leak, after all, but merely some accumulating condensation”.

Now, whatever “some accumulating condensation” may mean, it still points to a problem that should be attended to, but instead, the obscure-sounding phrase seems to explain an otherwise clearly-growing problem, and thus the next step in the avoidance-process has begun: Explaining it away, as opposed to tackling the core of the problem itself.

Avoidance is a natural defense mechanism inherent in us all; it allows us to extend our need to limit confronting something which we do not desire to engage.

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 all of the essential elements of one’s Federal or Postal position, avoidance of facing either the medical problem itself, or its impact upon your capacity and ability to perform your job, is often a problem which allows the issue to loom larger than necessary.

Consult with an attorney who specializes in FERS Disability Retirement Law, and allow for the avoidance to be confronted by an experienced attorney, thus further avoiding direct engagement with the issues, yet allowing for the attorney to address the core issue: Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The mind’s bookshelf

Entertainment is a peculiar thing in human psychology: happiness accompanies its anticipation, but during the process of “being entertained”, do we recognize our own joy, or are we lost in the suspension of our own inner world while being completely oblivious to the suffering around us?

We toil day in and day out with a singular goal, held by many, to enjoy a period of respite and entertainment — of becoming lost in a movie; of going to a play; of putting headphones on and listening to a favorite song, piece or series of favorites; of pulling from the mind’s bookshelf an episode of imaginative adventures or a wonderland of a dream’s figment.

Entertainment, joy, happiness and contentment are the ingredients of life’s admixture of troubles, trials and turpentine creations in a universe of chocolate-ice-cream-not-quite-right, ups and downs and joining and break-ups; it is a mixed up world where everyone is trying to extract an ounce of pleasure when the last cupful has already been taken.  Then, there is the capacity of the human mind that has just had enough — where too much bombardment of stimuli leads one to withdraw, become reclusive, and seek the solitude of one’s own soliloquy of minds.  It is a rather peculiar concept, is it not?

To withdraw within the mind’s bookshelf — that corner of studied solitude where others cannot share, and only the loneliness of one’s self-induced privacy allows for an entrance and exit to the backrooms of an unlit alcove that is marked “private”, and where no admittance is allowed except by exclusive invitation only.  It is when even the mind’s bookshelf is toppled by the troubled waters of the world that too much stress, too much stimuli and way, way too much intrusiveness begins to overflow.

That is what a medical condition tends to do — for, when it becomes chronic and begins to gnaw at even the privacy of the mind’s bookshelf, then the unbearable nature of one’s condition requires a change.  For Federal and Postal employees who suffer from a medical condition such that the medical condition begins to invade even the privacy of the mind’s bookshelf, it is time to consider 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.

When even the last refuge from life’s turmoil has been invaded and violated — of an inability to attain any restorative sleep; when profound fatigue overwhelms; when chronic pain becomes unrelenting; when one’s focus, concentration and ability to retain even a semblance of cognitive acuity is progressively being lost; then, the inconsistency between one’s essential elements of a position and the medical condition becomes quite clear, and it becomes necessary to file for Federal Disability Retirement benefits.

Joy of life comes from having the key to the mind’s bookshelf, and when that is no longer possible, it is time to file for OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Information: Action after words

Does the failure of an action to succeed a string of words make it automatically into a lie, or can it merely indicate a delay between thought and action, spoken words and action, or misinterpretation of words followed by non-action?  Are there phrases and afterthoughts that undermine and negate the initial statement of promised and anticipated actions, such that they “justify” the non-action?

For example, if a person says to another, “I will meet you at X restaurant at noon tomorrow,” but upon showing up at the place, the other person never appears; later, you bump into that same person and inquire about his non-appearance, and he states, “Oh, I became too busy and couldn’t come.”  Does that succeeding statement negate the previous statement; does it “explain” it; does it “supersede” it; or was it merely a statement that tells you that the person making it is rude, a bore, and someone to henceforth be suspicious of and mistrusting towards?

What if the same person had said some other things, like: “I thought better of it” or “I decided that I didn’t want to go out to lunch with you”.  As to the former, one might conclude that the person was somewhat odd; as to the latter, that he or she was unfriendly and did not deserve further consideration.  But what of the following statement: “I am so sorry. My mother was taken to the hospital suddenly and I completely forgot!  Please accept my sincere apologies!”  This last admission, of course, is the one that “justifies” the breaking of the prior commitment, and can be seen as the one where “forgiveness” and further consideration is accorded.

In every case, the action which follows after words determines the future course of how we view the person who spoke the words; yet, context and content do matter.

Take for example another scenario, where the person says, “I may be at X restaurant at noon tomorrow, or I may not.”  You show up at the place at noon and the person who made the statement does not show up.  Later, when you “bump into” the person, you say, “Why didn’t you show up at X restaurant,” and the person responds with, “Oh, as I said, I might have, but decided not to.”  Was there a broken promise?  Did the actions performed fail to “meet” with the words previously spoken?  No, and not only that – one could even argue that the person was quite true to his “word”.

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 connection between “action” after “words” is always an important consideration to take into account, for there will be many steps through the administrative process where compatibility between the two will have to take place.

Will your doctor support your Federal Disability Retirement case when the “crunch time” arrives?  (The doctor will need to).  Will your Human Resource personnel do as they say? (Likely not).  Will your supervisor timely complete the SF 3112B? (Hmmm…).  Will OPM “act upon” the Federal Disability Retirement application after “saying” that they will? (Again, hmmmm…..).

Action after words – the foundation of sincerity.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The chaos of life

Of masochism, there are indeed some who purport to invite the chaos of life, and actually enjoy it, relish in it and thrive in it.  Its opposite is considered monotonous, lacking of artistic content and without the excitement of unpredictability.  Yet, even those who thrive within the chaos of life will often need that period of respite, whether with a quiet moment of reflection, a night of reading beside a crackling fire, or just dozing in front of the drone of a television.

EMT personnel often require such a personality trait; firemen, law enforcement officers, and nowadays, teachers, professors and other educators, if only because the chaos that unruly and undisciplined children, teenagers and young adults bring into the classroom.

Perhaps it was a childhood upbringing; it is often said by learned psychologists that battered people tend to themselves batter upon reaching maturity, because they find solace in the comfort of that which they are familiar, and so the behaviors they learned and were imprinted upon as a child are the very patterns that are comforting; and thus does the vicious cycle of life – such as the chaos of life – recur and regenerate, only to imprint the same cycle upon the next generation.

Those who sincerely crave the very opposite – of a regularity in monotony of patterns predictable in their characteristic of non-change – are often criticized for failing to be able to “deal” with the chaos of life, and so the argument goes that those who thrive upon the chaos of life are better prepared for the vicissitudes of life’s misgivings.

Medical conditions comprise a sort of chaos of life, but whether one is “well-prepared” for it or not, it is something that must be “dealt” with.  It is, in the end, doubtful whether a person’s life prior to the entrance and introduction of a medical condition can adequately prepare one to “deal with it”.

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, part of the process in dealing with such a chaos of life is to prepare 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.

In such a case, instead of dealing with the chaos of preparing, formulating and filing an effective Federal Disability Retirement application yourself, you may want to consider hiring an attorney who specializes in such legal matters.

In this vast universe that includes the encumbrances deemed the chaos of life, we must all make choices as to which portion of the chaos we want to personally handle; for, in the end, the chaos of life, how we handle it and what benefit accrues from it will all be determined by the outcome of the event – and for Federal and Postal employees, that outcome-based perspective is the resulting approval by the U.S. Office of Personnel Management on a Federal Disability Retirement claim, where once the approval is obtained, the chaos of life may be turned into a respite of relief.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Still Life

The meaning can evoke a duality of concepts; of the artistic mode, where self-contradiction is inherent – for, it is often in depictions of inanimate objects, presented in combinations not normally seen in true living circumstances, that the artist arranges in order to capture a semblance of that which is never, or rarely, encountered.  Or of the alternate implication:  Once thought to have been deceased, the realization that there is yet a soul to revive, an aspiration to embrace, and hope again to realize.

Both, however, have something in common:  A frozen placement for all of eternity to encapsulate; the organic matter from which to work with, endure through and contrast to the opposite – of Nothingness devoid of any purpose, teleology or construct of animation; and the two together will posit a compound concept of contrasting contradictions:  loss of movement, but gain of Being.  But, then, that is so often true of daily living, isn’t it?

There is a contradiction in what we do; on the face of it, we appear to be “doing something”; but deep within the recesses of our thoughtful doubts, we know that we are failing to accomplish the hope of our dreams, the aspirations still surviving deep within our hearts, and the very failure of moving towards that which we desire, diminishes our inner selves and begins to slowly, insidiously shrivel the core of our souls.

Medical conditions tend to have that effect, and when the “outside” world begins to confirm that which we fear, the shriveling effect becomes accelerated on an exponential scale where proportionality of judgment becomes askew and fails to meet the expectations of our own essences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to pervasively impact all aspects of life – home, recreational, work and relational – the danger is that of a Still Life painting:  the combination of events and objects are not what they are supposed to be, and the encounter with “real” life no longer allows for further movement.

We become stuck in a painting arranged by someone else, and more and more, we lose greater control over our own destiny.  And in the alternative meaning of that concept – that we “still” have some life in us – is where taking the pragmatic steps toward preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset comes into play.

Still Life does not have to prevent movement where there is still life; and for the Federal or Postal employee who is no longer able to advance because a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, it is the Still Life painting which represents the impetus that there is still life to be lived beyond one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The False Option of Extremes

-The choices we make are contingent upon the knowledge we possess; thus, if we choose between a tripartite offering of x, y & z, when (as perhaps illustrated by Venn Diagrams within a rectangular border representing the “universal” set of possibilities) actual and available options may extend beyond the known quantities available, then we have made our decision based upon an ignorance of alternatives.

Offerings are generally made based upon self-centered care; in negotiating with an adversary, it is normally the option of extremes which are granted:  Either X, or Y, but not both, and if neither X nor Y, then consequence-T.  No mention is made concerning the availability of sub-options Xx, or Yy, to the remaining result of T1, 2 or 3.  Furthermore, when the concealment or unrevealed alternatives fail to be presented, it is often the case that only the extreme of options are conveyed, which makes the entire set of non-universal choices false in their very definition.  This can be exponentially quantified when a medical condition is introduced into the equation, precisely because mental acuity and sound judgment become influenced by desperation of circumstances.

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 positional duties in the Federal agency or the U.S. Postal Service, the false option of extremes can very likely be attributable to fear, lack of knowledge, combined with loss of confidence in the fair distribution of justice and good sense.

It is indeed troubling that so many Federal and Postal workers know nothing about Federal Disability Retirement, or its availability after having worked just 18 months in the Federal sector (under FERS), or 5 years under CSRS.  The confusion can sometimes arise in the availability of Social Security Disability, which is distinct and separate from Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

The two are distinct and different in multiple ways:  the criteria to qualify; the nature of the benefit; the rules concerning employment after approval of either, etc.  Yes, if under FERS both SSDI and FERS Disability Retirement are granted, there is an “offset” tantamount to a coordination of benefits between the two, but for those who do not seek outside employment, the combination of both (despite the offset) will normally net the (former) Federal or Postal employee more in terms of a monthly annuity.

Whatever the reasons, the age-old adage (attributable to Sir Francis Bacon) that knowledge is power, and lack of it injustice and contempt (the addendum clause is merely added by this author) by those who possess but offer mere false alternatives, is but a pervasive truism abounding despite the Internet, Google and other information-searching technologies of modernity.

In the end, the false options of extremes should be countered by a deliberative intent and real curiosity to know — know that the “other side” is never truly looking out for your best interest; that in making spur-of-the-moment decisions, to take a further moment to investigate and reflect may be fruitful, and in the end, to recognize that for the Federal or Postal employee suffering from a medical condition, working on at the expense of one’s health, or resigning, are not the only two options available, but 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 also within the subset of universal alternatives available to the Federal or Postal employee.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Intestinal Fortitude

It is a word past its prime; one which was prevalent and pervasive in use during this author’s childhood, and represented a more refined way of saying, “guts” or “courage”.  It is one which brought forth a seeming awe and sense of credibility to the person who uttered the words, and once stated, it spread like wildfire amongst the pseudo-intellectuals and wanna-be William-F-Buckley-Jrs of the world.

Of course, no one could effortlessly drop a line of Latin like he could, and just as the death of an icon can fade the philosophical context of a given epoch, so words can lose their efficacy from generational transfer to the next; yet, the substance and essence of the meaning of the word remains like the vestige of wisdom displayed in a singular utterance from the toothless mouth of one’s grandfather, where the wide-eyed child looked from a vantage point well below, peering upwards with awe and disconsolate foreboding against the shadows of a crackling fireplace exuding warmth and tenderness amidst the melodious voice of loving care.  Use of words can be distinguished from the power of persuasion such usage can engender.

For Federal employees and U.S. Postal workers who need to consider the next step in 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, there are often three (3) primary issues to be kept in mind.

First, there is a vast difference with a real distinction, between having a medical condition, and proving that one’s medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties.  The former concerns medical care and a doctor’s expertise, exclusively; the latter remains the territory of the attorney who specializes in Federal Disability Retirement law.

Second, the affirmative step in making progress towards filing for Federal Disability Retirement benefits through OPM must be of the Federal or Postal employee’s own choosing.  No amount of persuasion, harassment or good old-fashioned pestering can move the mountain, and it often takes a crisis of realization until such an important decision is finally made.

And, third, whether of guts, courage, forward-thinking or intestinal fortitude, that step to be taken can be a life-altering advancement into an unknown future; but in the end, when a medical condition arises, the necessity of filing for Federal Disability Retirement benefits through OPM becomes a positive affirmation that the future for the Federal or Postal employee can be secured through an annuity which represents something beyond mere wasted effort for all of those years of service to the Federal agency or the U.S. Postal Service, and whether by intestinal fortitude or something else, such dedication to service is a mark of honor well-deserved.

Sincerely,

Robert R. McGill, Esquire