Legal Representation on Federal Disability Retirement Claims: “But…”

What is it about a certain voice inflection that forewarns us of that conjunction?  A long explanation is given; a reason for “why” a person is about to do something is adroitly conveyed; a detailed and rational discourse is provided; and yet something tells us that the inevitable “but” is about to be inserted, making of the independent clause just spoken merely a precursor for the real reason that the lengthy discourse was given in the first place.

It is also a metaphor for life itself, isn’t it? “Things were just great, and it was the happiest of times, but then…”.  It is like the metaphorical dark cloud that dampens the spirit, or the sudden gust of wind that topples the tower when one was just about to reach the apex; the “but” in our lives comes at the most inopportune of times.

Then, there is the causal intervention “but” in law, as in, “But for X, Y would have not been liable because X becomes the primary intervening cause that subverted Y and all other causal determinants.” But for this job, my life would be perfect; but for this minor incident in my otherwise stellar career, I would have been unstoppable; but for X, Y and Z, I would have reached olympian heights; and on and on.  Isn’t that what Bing Crosby said of Frank Sinatra (for those who are young enough to even remember such icons of yesteryears, that “But for Sinatra, I would have been the most popular singer of my time”)?

Medical conditions tend to insert that conjunctive into a life, don’t they?  For Federal and Postal employees who consider the “but” of a life to be that medical condition that has come to a critical juncture — not merely of a grammatical appendage, but of a true intervening cause that disrupts — because it prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal career, it may be time to begin to prepare, formulate and file 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.

The “buts” of life are merely conjunctives that forecast the darker clouds that rain upon an otherwise stellar experience; to alter the “but” and instead turn it into a mere “and” is what preparing, formulating and filing an effective Federal Disability Retirement application can do, and thereby avert the “but” word that makes the remainder of the paragraph simply an extension of an otherwise joyful phenomena called “life”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Reality and poetry

A woman sits on a park bench surrounded by the concrete giants of looming buildings and antiseptic structures overhanging and overshadowing all but the remnants of nature’s detritus, with the cooing pigeons that bob their heads back and forth as they meander about in the contrast between reality and poetry.

And she has a book in her hands.  It is a book of poetry.  Who the author is; what the verses metaphorically narrate; how the images impact the quiet reader; these are not so important as the oxymoron of life’s misgivings:  A city; the overwhelming coercion of modernity’s dominance and encroachment into nature’s receding and dying reserve; and what we hang on to is a book of poetry that reminds us that beauty is now relegated to printed pages of verses that attempt to remind of beauty now forever lost.

No, let us not romanticize the allegory of a past life never existent, such as Rousseau’s “state of nature” where man in a skimpy loincloth walks about communing with nature’s resolve; instead, the reality that man has lost any connection to his surroundings, and is now lost forever in the virtual world of smartphones, computers, Facebook, Instagram, Twitter and Texting.

The tactile experiences of our individual encounters with the objective world is now merely the touch of a screen, and feel of glass, metal and plastic, and the pigeons we feed with such joy and excitement from park-benches manufactured with recycled materials so that we can “feel good” about the environment that we have abandoned.  And so we are left with the reality of our lives, and the poetry that we always try and bring into it, if not merely to remind us that there is more to it all than work, weekends and fleeting thoughts of wayward moments.

For Federal employees and U.S. Postal workers who suffer from an additional reality – of a medical condition that impacts his or her life in significant ways – the third component is not a mere irrelevancy that complicates, but often becomes the focal point of joining both reality and poetry.  Medical conditions have the disturbing element of reminding us of priorities in life.  Reality, as we often experience it, is to merely live, make a living, survive and continue in the repetitive monotony of somehow reaching the proverbial “end” – retirement, nursing home, sickness and death.

Poetry is what allows for the suffering of reality to be manageable and somehow tolerable; it is not just a verse in a book or a line that rhymes, but the enjoyment of moments with loved ones and those times when everything else becomes “worthwhile” because of it.  But then, there is the complication of a medical condition – that which jolts us into wakefulness of a reality that makes it painful and unacceptable.  What is the road forth?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition now makes even work at the Federal agency or Postal facility intolerable, preparing an effective Federal Disability Retirement application is at least a path to be considered.  It is a long, arduous and difficult road that must wind its way through the U.S. Office or Personnel Management, but the choices are limited, and surely, you never want to abandon the poetry of life, and be left with only the reality of the medical condition?

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The jolt that alters

Second chances are hard to come by; they rarely release the powers constrained and tentatively restrained for future redemptive actions taking those steps back, words erased from regrettable and thoughtless splices of life; and even when the opportunity is provided, it is precisely for the same reason that the One who visited and descended within the historicity of this world refused to restate that which had already been taught once; for, no matter how many times it is stated, reiterated and disseminated, the power of forgetfulness and deliberate self-justification to not do something is so ingrained in the humanity of man’s imperfection that one wonders whether any jolt that alters has an impact for very long.

There is, of course, the story of Saul of Tarsus, who on that famous road had such a shock of conversion that no amount of persuasive argumentation would alter the alteration consumed, and from that time, others have attempted to tell a narrative of similar power, conversional trauma and cataclysmic vicissitude; but they all miss the point.  It is not the narrative itself as told by one’s subjective experience, but of the experiential phenomena itself.  Trying to copycat the original is like the forgery of a masterpiece; somehow, whether it is the tone, the quality or the vibrancy of lack, there is an imperceptible difference that makes all the distinction in the world.

Medical conditions often provide the jolt that alters; suddenly mortality becomes a reality, the end seems nearer than in those youthful days when invincibility was the cornerstone of dare and foolhardiness, and fractures bones were mere brushes with defying the gods of fate, and we laughed in the face of weaklings who dared not advance.  Age has a way of bottling and distributing the laughter of gods that once seemed immortal, and it is the weakness of our essence that tends to bubble upward into the heavens of forgotten mythologies.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes the jolt that alters, it may well be time to prepare, formulate and file 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.  For, in the end, it is not so much the jolt that makes the difference, but the alteration that compels movement forward into a future that may be obscured by fear and loathing, but a necessity that nonetheless must be faced; for, the jolt that is disregarded and ignored is that very one that will force the alteration, whether by choice or by freedom of will.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Value of Consistency

Consistency establishes validity; validation results in enhancement of credibility; and credibility prevails over minor errors and unintended oversights.  In analyzing a narrative, or engaging in a comparative analysis of two or more documents, it is the factual and historical consistency which allows for a conclusion of validated credibility. When a pattern of inconsistencies arise, suspicions of intentional misdirection beyond mere minor error, begins to tinge.

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 under FERS or CSRS, or even CSRS Offset, the question of sequential order of documentary preparation is important. Such relevance on this matter can be gleaned if the preparation is looked at retrospectively — not from the beginning of the process, but rather, from the perspective of OPM and how they review and determine cases.

With that perspective in mind, it is important to prepare and formulate one’s Federal Disability Retirement application based upon the appreciated value of consistency, and as consistency of statements, purpose, coordination of documentary support and delineated narrative of one’s disability and its impact upon one’s inability to perform the essential elements of one’s positional duties is recognized, an effective Federal Disability Retirement application will be formulated with deliberative efficacy, and where retrospection through introspection will result in increasing the prospective chances of success.

Sincerely,
Robert R. McGill, Esquire

Federal Employees Disability Retirement System: The Stradivarius

It has come to represent a superlative; a standard of excellence which cannot be exceeded, and considered as the penultimate achievement beyond which only angels and heavenly bodies can ascend to, or hope to touch like the light mist of dawn slowly rising to the tips of the alps wrapped in the greenery of nature’s untouchable paradigm.

The history of related intrigue is without match, as well; of the secrets protected within the family of instrument makers; of smugglers and thieves and the attempts by collectors to preserve the remaining authenticity of those made by the master of violins; and the keen eye ever wary of impostors and counterfeiters.

For Federal employees and U.S. Postal workers who are considering 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, it would be well to always keep the symbol of excellence in mind, as the goal to achieve.

The shabbiness of putting forth a half-hearted attempt at anything is demeaning; an achievement through error or accident is rarely of any consequence; but by reaching a height of excellence within the context of suffering from a condition which impacts one’s ability to perform the essential elements of one’s job, is to recognize the worth of one’s capacity to still maneuver the winding complexities of this confounding world.

The gathering of proper medical documentation; the clarity of expounding the necessary bridges and legal argumentation in compiling an effective OPM Disability Retirement application; these all need to come together, like the master’s hand in constructing an instrument of heaven’s whispers.  The daunting task of facing a bureaucracy can always be disheartening; the goal of achieving a successful outcome, however, should always be the eye which guides, and excellence the key to that endeavor.

For the Federal and Postal employee who wants to file for Federal Disability benefits through OPM because one’s Federal or Postal career has now come to an end, the final step in creating the music of an orchestrated exit should be to ensure the excellence of an OPM Disability Retirement application, in order to step into the next phase of life, and to achieve the subsequent future for a Stradivarius achievement.

Sincerely,

Robert R. McGill, Esquire