Disability Retirement for Federal Employees: The Cadence of Life

We all “have” one, or at least sense it; and when we do not, it means that the tune to which we march is so coordinated that we don’t even realize that there is one; for, it is only when the song is “out of tune” or the marching footsteps are out of sync that it becomes apparent that the cadence of life is left askew.

There are days when the cadence of life is so perfectly attuned that we need not pause to consider it; then, there are other days when everything is out of tune — when the feet trip over one another, the dexterity of hands become all thumbs and nothing seems to work and the cadence of life has been disrupted.  Most days are somewhere in between upon the spectrum of daily living — of being in tune most of the time but with disruptions and pauses; “pregnant pauses”, at that, which make for embarrassment and disjointed agonies of trepidation and concern.

We say things like, “I feel out-of-sorts” or perhaps a slight cold or “bug” has infected us; but whatever the cause, we know that we must get back into the step of things and march along with the rest of the crowd, lest the band leave us and the quietude of isolation engulfs us with a fear of loneliness.

Medical conditions — whether of illness or injury — can likewise disrupt the cadence of life, and 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, filing for FERS Disability Retirement benefits — to be ultimately submitted to the U.S. Office of Personnel Management — is one step towards regaining that step to bring yourself in cadence with the cadence of life once lost, and now to be found.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Structure and Content

The former provides the form; the latter, the character of the entity.  It is the duality in combination which creates the ability to identify the particular being in an Aristotelian manner — as opposed to the more generalized definition of “Being”.  Without the largest organ of the human body — one’s skin — the “content” of that which separably identifies one individual from another would be lost, and we would all be mere aggregations of various organs not necessarily organized in any coherent way.

Similarly, in any presentation of a written form, it is important to plan the structure and content such that the former allows for coherence and ease of understanding while the latter compels the force of persuasion to impact upon the reader.

In preparing a Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, it is important to provide both structure and content in order to enhance the chances for an approval at any stage of the process.  For, the Federal or Postal applicant who is preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, one must first recognize that such an application is a “paper presentation” to OPM, and thus does structure and content both matter.

To merely focus upon “content” — i.e., medical records; the words in the Statement of Disability (SF 3112A) is to overlook the persuasive nature of the structure of the application itself.  Conversely, to concentrate too heavily upon the structure of the FERS Disability Retirement application — the forms to be filed; the “checklist” of necessary and required paperwork — is to underestimate the power of content.

The two must be formed [sic] in tandem; and a persuasive and powerful legal memorandum that provides both a roadmap as well as content-filled legal citations is a “must” in every FERS Disability Retirement application, and this should be formulated and prepared by an experienced Federal Disability Retirement Attorney who specializes in, and is fully knowledgeable of, Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Believing in something

It is difficult, these days, to do so.  One can, by rote of habit, engage in the taciturn void of Gregorian chants, of hardened wood to kneel upon in prayerful silence where altar boys were muffled in horror in backrooms somewhere behind the hidden conscience of priests who, holy though they appeared, were but men of fleshly wants; or of giving when the televangelist prayed for miracles and allowed the camera angle to capture the piety of a winking heart.

Modernity defies believing in something.  We scoff at piety because we learned long ago that priests in dark robes were merely cloaked in outward appearances while engaging in acts of desecration behind closed doors, and gurus who rode around in expensive cars while preaching the gospel of meditative calm possessed devious thoughts untold behind craggy beards and beady eyes; and so we have lost the capacity for believing in something, anything, and let our children roam the streets of nihilism, sensual extortions of human bondage and the virtual reality of video consoles, only to be disappointed when they find emptiness in their lives reflective of an endless chasm of dreamless nights.

Once upon a time, Johnny believed in things; and then the marching band stopped when wars became endless, where speeches no longer carried the weight of conscience and greed seemed rampant in the daily lives of believers and beggars alike.  A priest once told this writer that he wished that the Church would sell all of its assets and go back to being the mendicant preachers we once were; but that was years ago, and not much has changed.

For most of us, we continue to cling to the thin reed of possibility; for the rest of us, we must contend with the reality of life’s trials: of work; family; health and friendships; and perhaps the belief in a tomorrow yet to be fulfilled with promised days of warm memories.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition has begun to prevent one’s ability and capacity to perform one or more of the essential elements of one’s Federal or Postal job, believing in something is a foundation for the next steps to take: Of a Statute in Federal Disability Retirement Law that sets forth a criteria to be met, and then to set about proving that one has met them.

Often, believing in something is nothing more than acting upon a need and setting about fulfilling that need; and for Federal and Postal employees who need to file for a FERS Disability Retirement, consulting with an attorney who specializes in Federal Disability Retirement Law is the first step towards believing in something that you have a right to believe in.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Ignoring the details

What is a lawyer’s response to the allegation: “You are playing with words and using technicalities to win!”

Some might, of course, become defensive and deny such allegations, countering to the accuser that the substance of the law allows for such word-games and the laws themselves allow for such technicalities; or, as the more appropriate, honest and forthright answer might be (yes, yes, for those with such humor against lawyers, such a string of descriptive adjectives may appear to create an oxymoron), “Well, yes, law is the word-craftsman’s tool with which we play, and technicalities are those very details which allow us to prevail.”

It is, in the end, words which win out in any legal forum, and it is the delivery of those words that persuade, debunk, analyze and cross-examine the truth or falsity of claims made, defenses proffered and allegations refuted.

And this is no different in the forum of play known as “Federal Disability Retirement Law”.  For, always remember that a Federal Disability Retirement application, whether prepared for a Federal or Postal worker under FERS, CSRS or CSRS Offset, is a paper-presentation to the U.S. Office of Personnel Management, and as such, is based upon words, words, words — and details contained within and amidst those words.

By ignoring the “details”, one does so with much peril; for, in the end, the old adage that declared the “devil to be in the details” was merely a recognition that details matter, and it is those very details which win or lose a case, and that is no different when presenting an effective Federal Disability Retirement application to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Foregone conclusions

There are many; some, within the universe of a greater subset, are perennial by nature, and can never be altered but for some miracle yet to be considered (like the fact that the Baltimore Orioles will have ended its season sometime by early June of each year); others, of a more generic knowledge, assumed and forever predictable, ever to be presumed as a law of nature (as in, somewhere in the world a war will be started within the next year, or that a child will be born, or even that a medical condition will impact someone, somewhere).

Foregone conclusions are tidbits of knowledge gained from experience of life; and where the cynic will declare that they establish the circularity of repetitive reality that cannot be avoided or ignored, the idealist will counter that miracles and exceptions may yet prove otherwise such that what was presumed to be a conclusion is never foregone but merely imagined.

For Federal employees and U.S. Postal workers who harbor thoughts of foregone conclusions based upon the deteriorating health of one’s present circumstances — that you will be “fired”; that the PIP imposed will inevitably lead to termination; that filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset will be defeated by one’s own Agency or the U.S. Postal Service — remember that it is up to the sole determination of the U.S. Office of Personnel Management, and not one’s Agency or the Postmaster of one’s Postal Facility.

All Federal and Postal Disability Retirement applications are submitted to OPM, and one’s own Federal Agency or the Postal Service can only have limited influence upon the viability and persuasive effect of a Federal Disability Retirement application.  Where there is a will to fight and an objective basis in which to file a Federal Disability Retirement application, it is never a foregone conclusion that there is not a chance for a successful outcome.

Now, as for those Orioles’ fans who think that there is hope for next year…well, you must truly be an idealist to avoid the foregone conclusion that, yes, the sun will rise again tomorrow, and set yet again later, but a season’s end that began in early May is not a great indicator of next year’s beginning.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Happiness revisited

What is it that makes people happy?  Is it constituted by generic categories (like “wealth”, “fame”, “friendships”, “popularity”, etc.), or is it specific to each individual (i.e., for Joe, it is to have sufficient time daily to become lost in reading; for Alice, the opportunity to go out with friends at least once a week; for Mary and Steve, to be in one another’s company, etc.) such that, while specific conditions can be described as the prerequisite for individual happiness, they can nonetheless be categorized into more generic forms while never losing the unique content of that which constitutes the essential ingredients for such individual happiness?

If generically-based, can it be “bottled” — i.e., advertised and sold?  Isn’t that what much of commercial advertising is all about — not the product itself, although that is the ultimate goal, but of the underlying message that by means of the product, the end will result in happiness?

Thus, teeth whiteners and dental conglomerates don’t just sell straightened teeth or gleaming smiles; rather, they sell happiness.  Otherwise, why else would everyone be smiling stupidly and pretending (for that is what actors and actresses do) that they are ecstatic in their roles?  And car insurance, life insurance, reverse mortgages and financial institutions — what are they selling but happiness through security and a sense of peace?

More importantly, should happiness ever be a goal, or is it best to allow it to remain as a byproduct and a natural consequence of a worthy life’s endeavors?

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 issue of one’s happiness is always present in stark contrast to the current human condition of deteriorating health: for, misery is the flip-side of happiness, and to that old standardized testing torture we all had to undergo as school children, happiness is to health as misery is to ___?  What would be the appropriate word used to fill in the blank?  Ill-health?  Sickness?

When one’s health deteriorates, the priorities of life suddenly come into sharper focus, for health is the foundation from which all else flows. Happiness, one begins to realize, cannot be the center and foundation; it is, instead, a byproduct of good health, solid relationships and productive careers, and filing for Federal Disability Retirement is a means to an end, whether you are under FERS, CSRS or CSRS Offset.

Thus, for the Federal or Postal employee who begins to 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, serious consideration should be given to filing for Federal Disability Retirement benefits, to be submitted, reviewed by and approved by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: Myopic view

One goes through life struggling just to get through each day.  Life is hard.  Yet, as parents we are scolded into feeling obligated to paint always the positive picture to our children:  That you can work hard and achieve anything; that dreams are there to be realized; that life is a bowl of fairytales waiting to be realized.

Then, of course, children take that viewpoint and filter it through selective and narrow life encounters: The recent Royal Wedding that purports to convey a fairytale-like romance blossomed into reality’s harsh discourse (so long as you don’t read the gossip-columns about the private lives of those involved); the Wall Street trader that makes her first billion; the internet start-up company that offers an initial IPO of a cool 5 billion; and the one who inadvertently wandered into a corner mart store, bought a lottery ticket with his last dollar and won a 50 million dollar jackpot.

We don’t delve into statistical improbabilities of such events actually happening to ourselves, let alone our kids; but there you have it — dreams are here to be realized, grasped, within the reach of a blink’s dream away.

Then, adulthood, reality and the daily grind sets in; the myopic view is the one that strives to earn a living for this day, next week, or even for the month; because, in the end, the “long” view — of planning ahead, thinking about the future or even about the day after the short term — are somehow out of one’s reach, leaving aside being too fuzzy to consider.

For Federal employees and U.S. Postal Workers who must contend with a medical condition that no longer allows for the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, the myopic view of life is the familiar one:  Get through this day; try to limit the pain or mental anguish; try not to make any waves at work; try and remain anonymous, or less noticed than yesterday.

It is the shortsightedness of our lives and the manner in which we live, that becomes the salt upon the wound of our own making.

Preparing, formulating and filing 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, is at least thinking about tomorrow, or the day after.  For, the problem with the “short-term” is that it keeps dragging into the “long-term” of our lives, and preparing an effective Federal Disability Retirement application can at least turn the short-term of misery into the long-term of some semblance of future security, in order to attend to the priority of both the myopic view and the far-sightedness of our future: one’s health.

Sincerely,

Robert R. McGill, Esquire