Medical Retirement for Federal Employees: The Past Upon Present

The guru dressed in flowing white garb may claim that the past is a fiction; those various “self-help” books will often declare that time is merely a continuum where we can only control that which is in the immediacy of our presence; and various philosophers have stated that the relativity of time must always be seen from the perspective of the “now”.

There is no doubt, however, that in the practical work-world, the past remains within the purview of haunting consequences.  Whether of youthful indiscretions or a darker past of substantial historical relevance more than a mere raising of one’s eyebrow, past performance is often used as an indicator of present behavior and conduct.  If a person has been convicted of embezzlement, does one consider that past in hiring practices for positions of responsibility — especially where money is involved?

Those who wave off the relevance of such considerations simply do not live in the real world.  We cannot avoid our past anymore than others will ignore it.  And so it is in Federal Disability Retirement Law, where the U.S. Office of Personnel Management will often place undue weight upon Performance Appraisals, cash bonus issues and whether there have been any deficiencies in performance, conduct or attendance in assessing and evaluating a Federal Disability Retirement application under FERS.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law before initiating a process where your past may not be your best friend or, even if it is, whether you may yet be stabbed in the back — metaphorically speaking, of course.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal Employees: Maintaining the Fakery

Is it like a bakery, or perhaps some other manufacturing facility where things are made?  In some sense, perhaps; but it is not the “making” of it, but of maintaining it.

To a great extent, we all have a feeling of fakery — that we are not as competent as others believe us to be; that our outer appearance of confidence, boldness, knowledge and positive attitude do not reflect our inner sense of insecurity, tentativeness and lack of certainty.  Are there people in this world where the “inner” self actually reflects the “outer”?  Or, are we all beset with being a quivering ball of showmanship — like the famous actor who falls apart before every show but somehow regains his composure and acts like a star every time?

Maintaining the fakery is what is required daily; some are better at it than others; still other thrive by it; and the few detritus of human beings who cannot abide in it, fall apart and admit to being unable to maintain it any longer.

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, maintaining the fakery is an essential part of the medical condition itself: Of trying to keep up one’s performance level; trying to hide the symptoms of the medical condition; trying to maintain the level of attendance and hide the debilitating effects of the medical condition itself, etc.

But fakery can only deceive for a limited amount of time; and when the truth begins to seep out, it may be time to consult with an attorney who specializes in Federal Disability Retirement Law, lest maintaining the fakery leads to the greater truth about yourself, that in the meantime your health is what is being sacrificed upon the altar of truth.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The Social Security Requirement

There is often confusion.  In fact, some Federal and Postal employees think that the “Prerequisite requirement” of filing for Social Security Disability benefits means that you have to wait to get it approved before you can file for Federal Disability Retirement benefits.

The unforeseen consequences resulting from such a misunderstanding is that some Federal or Postal employees wait, and wait, and become separated, and continue to wait and allow for the 1-year rule (of having to file for Federal Disability Retirement benefits within 1 year of being separated from Federal Service) to expire, then try and file for Federal Disability Retirement benefits.  Or, others confuse the two and somehow believe that filing for Social Security Disability benefits is the same as filing for Federal Disability Retirement benefits.

Such confusion is often based upon either misinformation or misinterpretation; either way, the consequences of acting upon, or failing to act as a result of, can result in irreversible damage.

If you are considering filing for Federal Disability Retirement benefits, consult with a FERS Disability Attorney who specializes in OPM Disability Retirement Law before trying to maneuver through the maze of confusing requirements, prerequisites and bureaucratic language.

Federal Disability Retirement is a benefit earned; to obtain it, however, it must be fought for and granted, and in order to do that, representation by an experienced attorney is often the best in making your way through the legal maze of confusion.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Coherent Story

What makes it so, and when it isn’t, can anything make up for its lack in order to bring it around?

The historical myth of the early days of moviemaking is that the audience needed to be shown certain fundamental scenes in order to prevent any confusion and loss of interest — i.e., to start a scene with a character entering or exiting a doorway in order to “set the scene” of coherence, etc.  Otherwise, people were caught wondering how a character arrived at a certain place to begin with, and became distracted from engaging in the fantasyland of a fictional world in watching a movie.

Whether or not this is true — and there are some who doubt this, given that novels and short stories have always allowed for scenes, conversations and topics to jump from place to place without “reinventing the proverbial wheel” — nevertheless, every story hinges upon parts which make up a coherent whole.

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, the coherent story must be formulated, narrated and conveyed in a manner which is both true, valid and persuasive.  Moreover, it must “fit into” the rules, regulations and statutory authorities which govern Federal Disability Retirement eligibility criteria.  How to tell “one’s story” on SF 3112A, the Applicant’s Statement of Disability, is critical in formulating a successful strategy in the proper preparation and submission of a Federal Disability Retirement application.

Consult with an Attorney who specializes in Federal Disability Retirement Law in order to begin to tell your “coherent story” — the one that will captivate the “audience” at the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Treading Life

We don’t often think of it in those terms; but, in fact, that is how most of us live.  Like the meek swimmer who does not want to drown, we merely tread water — sometimes calmly, often with a sense of desperation; and too often, with a fear that results in a frenzied struggle.  We invent euphemisms for that: Keeping out “heads above water”; Not drowning; “Sink or swim”; “Like being on the Titanic”; and other similar statements emanating from water-based fears.

We tread life like we tread water; just to survive, never taking the chance to swim in this direction or that; and when finally fatigue sets in to remind us that going nowhere is tantamount to waiting to be drowned, we are so weary from so much time and effort to keep afloat that we can no longer muster the energy to even swim to the edge of the pool in order to hang on or lift ourselves out.  And when those unexpected tugs, tides and tidal waves suddenly appear, we thrash about and forget the basics of how to even float, allowing the vicissitudes of life’s mishaps to determine the course of our lives, the quality of how we live and the manner of who we are.

Medical conditions have a way of doing that — of making us forget how to even swim.  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 of more of the essential elements of one’s Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Treading Life is what we are often forced to do; drowning in life’s problems is what we are too often faced with; swimming with a purposeful destination is what we need to do —and that is the purpose of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Confronting Reality

When are the times we try and avoid it?  Is that the line between sanity and the “darker world”?  If we avoid it more than we embrace it, does it constitute a step beyond eccentricity and fall into the category of bizarre behavior?  If that were the case, how many of us would meet that definition?  Does engaging in entertainment — whether of the couch potato type or of the active one — constitute avoidance?

Say a person binge-watches a certain television series for 72-hours straight, then sleeps for another 72 hours; such a person has certainly “avoided” the reality of life’s responsibilities, duties, obligations, etc.  But would we deem such a person to be insane?  If he were a bachelor who has no commitments or responsibilities, and acted in such a manner during “vacation time” or during a period of unemployment, we would perhaps not give it a second thought.  But say the same person had a toddler whom he neglected for those 100-plus hours — then, of course, we would consider it as irresponsible behavior, if not criminal neglect.

“Confronting reality” is often deemed the antonym of “avoiding reality”; it is something we all do — both confronting and avoiding — and crosses the diving line between “responsible” and “irresponsible” behavior.  Of course, the latter is sometimes necessary in order to refresh one’s self in order to engage in the former, and so we embrace entertainment and leisure activities in order to adequately prepare ourselves to cross over from one to the other.

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 his or her position, confronting reality is often delayed in order to try and extend one’s career with the Federal government.  Often, early on in suffering from a medical condition, it becomes quite clear whether or not the Federal or Postal worker can continue in his or her chosen career.  This is the point where “confronting reality”, however, clashes with the desire to avoid it and to instead embrace the make-believe universe of “What ifs” — What if things improve?  What if the Agency or Postal Service is willing to be patient?  What if they can accommodate me?

Consult with an attorney experienced in Federal Disability Retirement Law; for as difficult as it may be in confronting reality, it is the reality of the law that will help you avoid the pitfalls which you will surely want to avoid in the days to come.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: That Moment of Opening

Whether of a book, a secret or a personal relationship, there is always that moment of opening.

The pause of anticipation before the reading of the first word of a novel announced to be a masterpiece of literary discourse; or of a secret, long lost and hidden in the family closet, now to be revealed where eyes and ears pierce with trembling knowledge that one’s self-identity may never be the same once the revelation has been heard; or of a relationship that suddenly takes on a serious tone, where once friendship may have been the placard of ease and comfort, but when that moment of opening emphasizes an intimacy that creates a bridge beyond a mere casual acquaintanceship.

There is that moment of opening; and whether we punctuate it with a declarative, “Aha!” — or perhaps a quiet fluttering of a heart’s murmur, or even a quickening of one’s breathing; and then it is over and past.

Revelations of any kind come to us like the door that was once locked but is suddenly a passageway once the right key is discovered; or is forced open with a blunt kick or pried open slowly but with persistent cunning; and then the other side of midnight reveals that which we once thought was closed to us, remained a mystery, until that very moment of opening.

Suffering; medical conditions; even a realization that things must change in our lives — they all happen upon a moment of opening.

For Federal employees and U.S. Postal workers who struggle to continue in careers that can no longer be maintained because of a medical condition that prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job — it is often upon that moment of opening that a decision must finally be made about preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Don’t, however, let that crucial moment of opening suddenly close by allowing too much time to lapse, where conditions worsen to a point of creating a crisis.  Filing for OPM Disability Retirement benefits requires careful planning and thoughtful strategies.  Consult with an experienced FERS Attorney who specializes in Federal Disability Retirement Law, preferably at the moment of opening where the pathway of realization meets the dawn of recognition.

Sincerely,

Robert R. McGill, Esquire