Attorney for Federal Disability Retirement claims: The tumultuous years

The tumultuous years are often remembered with a sense of awe, if not with some fondness.  The suffering endured; the turmoil experienced; even the pain sustained and seared into the consciousness of nightmares and scarred memories.  But one often looks back upon those years and reflects: I survived, and though the remembrances are a blur of activities that generously skips over the details of the suffering experienced, it was a time of enormous productivity where things were accomplished in spite of trauma of obstacles placed.

Yet, when the tumultuous years are in the “here and now”, that is not how one describes it.  It is only when it is in the distant past, when it has already been overcome, and when that proverbial “light at the end of the tunnel” has already been reached. When you are still in the thick of it, fondness of memories does not prevail, and the old adage that time heals all pain is yet tested.

For the Federal employee or U.S. Postal worker who suffers 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, it may be a necessary next step to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For such a Federal or Postal employee, those “tumultuous years” are still in the here and now, and have not been overcome; and so it is understandable that you cannot yet reflect back with any sense of perspective, awe, or of fondness for those days of turmoil.  Instead, as you are still in the thick of things, the goal is to reach that end of the tunnel where the sunshine still is bright with hope for the future, and then, years later, to look back and remember, and hopefully those memories will be one with an exclamation point of having successfully met the challenge, survived it, and have put it behind you.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Gatherings

What is it about human beings that compel and necessitate it?  Unlike the wandering Cheetah or the lone wolf, human gatherings have been the imprint of psycho-social requirements since the dawn of day.  The tribal gatherings around the campfire; the Thanksgiving feast that celebrates survival and the new season; the corporate board, the large-scale concerts and the network of social media; and then, of course, that which is all but forgotten, and yet always yearned for: the private gathering of “just the family”.

Somehow, we lie to ourselves and soothe our own egos, suppress the truth by – again, “gathering” – the number of “friends”, “likes”, etc., and it has now become a quantitative game as opposed to a qualitative reality that determines how “happy” one is.  In modernity, we have lost the whole purpose and underlying foundation for what gatherings are meant to be – of the interchange between neighbor and neighbor, the opportunity to listen to elders and the basis for which a society survives.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position, does the Agency, the immediate supervisor or fellow coworkers even “know” about the medical condition, or even show any concern or care?

Each day, we “gather” together for a common purpose – for work, for the Agency’s “mission” and the “work-for-paycheck” agreement between employer and employee.  And, yes, there is a distinction to be made between a “social gathering” and a gathering intended for purposes of work and productivity.  Yet, there is something inherently amiss when one’s humanity is lost in the process of this thing called “employment gathering” – where no one seems to care about the next person, and when once the clock ticks to the closing hour, everyone departs to their own private gatherings, whatever that may be and wherever it may end up.  Of course, to invite a coworker to a home meal may constitute some form of harassment, and any gatherings to “pray” for another – regardless of what religion or denomination of belief it may originate from – is automatically excluded because of the offensive connotations of such an act; and so we are left with going home, each of us, and gather from a distance through the technology of Facebook, Instagram, Twitter and email.

And yet, the Federal or Postal employee who has all along suffered from a medical condition, suffers still, and the only option left is to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, just because the “gathering” at work didn’t care enough to try and find a suitable accommodation for that Federal or Postal employee.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Game changers

Rarely do we have advantages in life.  Instead, most challenges are full of obstacles in our way, advantages tipped in favor of another’s, and an imbalance that seems to make life’s lottery of spectral choices a weighted unfairness that no amount of complaining seems to make a difference about.  We hear about them; yet, they rarely attend to our own needs nor join “our team”.

Game changers are those influences or components that suddenly make winning more favorable.  They normally become a part of the “other” team, but every now and again, life may throw a ray of sunshine down our path, and game changers become an element of one’s own “team”.  Perhaps it is a secret piece of knowledge no one else is privy to; or a piece of information that others have not yet been provided access to; or a person with exceptional talent who has given indications of sympathy to a particular cause; or even a new methodological approach that has not yet been widely disseminated.

Whatever the element of advantage, game changers open up circumstances that favor the success of one side over another, and appear at an optimum time when others have yet to prepare for the surprise addition.  At least, that is what they appear to do in novels, movies, plays and fictional life.  In real life, there are rarely such advantageous elements that make a difference.  Instead, most of life is a steady monotony of hard work, less complaining and a representation of the tortoise-like ethic as opposed to the hare that dashes off and runs ahead of everyone else.

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 concept of a “game changer” should be a familiar one.  For, when the medical condition first began to impact one’s health, that– in and of itself — was a game-changer: against you.  And when your work began to suffer because of the medical condition — that, too — was a game-changer: against you.  And when you needed to take excessive Sick Leave and Annual Leave, then LWOP, that was again a game-changer – again and too familiarly, against you.

It is perhaps time to begin preparing a Federal Disability Retirement application through the U.S. Office of Personnel Management; that, too, may be a “game changer”; but this time, in your favor, so that you can perhaps begin to focus upon the changing games that need a true game changer – your own health.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: The source of despair

There are searches for origins and those for solutions, regardless of the source.  One hears about the “source of the Nile” or of the Mississippi river; or of the origin of the species, how Man came about to become who he or she is, why and what of the destination.  To ask, “From where?” is quite different from the query, “How?”  The former inquires as to the source of X, while the latter is more concerned with the rationality behind the origin.

There is thus a difference between the physical or spiritual source of the matter as opposed to what Aristotle deems as the fundamental principle that explains the ultimate and elemental foundations. For example, for Federal and Postal employees 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 question one might ask may concern the source of one’s despair.  Is it the medical condition itself?  Likely.

But is there a more fundamental principle – like the work that one engages in, the harassment and pressures one is exposed to, etc., that better addresses the concomitant query concerning the “how” question?  The origin of one’s despair may be due to the medical condition one suffers; but if one could focus and prioritize upon one’s health, would that not “solve” a great portion of the despair itself?

In order to do that, it is often necessary to prepare, formulate and file an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, precisely because the source of despair cannot be searched for within a vacuum of a medical condition exclusive of all other contributing origins.

There is, in addition to the medical condition, the realization that one cannot continue with one’s chosen career with the Federal Agency or the U.S. Postal Service because you are no longer able to perform one or more of the essential elements of the Federal position or Postal work; and, further, a contributing factor may be the stress and pressure placed upon the Federal or Postal employee by the workplace itself, the hostility shown and the adversarial attitude of the Federal agency or Postal service.

Federal Disability Retirement may not be the full and complete solution to one’s source of despair, but it may be a necessary step in resolving the question as to “How” the burdensome source may be alleviated.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Little battles fought

It is the minor skirmishes of life that maintain the vitality of everyday existence; they are fought in preparation for the greater battles and campaigns.  That is why a ‘strategy’ is important; otherwise, taking the same hill countless times in a day leads one to wonder what the greater plan is.  For, futility and the sense of meaninglessness are what defeat any motivation to continue.  Incentives for advancement; a sense of growth and an optimism for the future; these and other values are what one fights for, engages in skirmishes, and those little battles that are fought with a worthwhile sense of gaining something.

Medical conditions, especially of a chronic kind, tend to diminish the will to fight.  They not only weaken and debilitate; they begin to eat away at any sense of accomplishment and striving for those valued goals.  It is, in the end, a sense of hope for which we all fight the little battles fought; otherwise, the major wars would fail to be worthwhile.

Medical conditions are the “unfair” factor in any war, sort of like roadside bombs planted in this new war of hit-and-run attacks.  They often come upon one slowly; and whether in a sudden, traumatic event or evidencing a slow progression of debilitation and subtle changes over a period of days and months, the insidiousness of not knowing how to battle it, of doctors telling of being patient, of medications themselves sometimes having worsening side effects that complicate, exacerbate and exponentially magnify in frequency, severity and other realms of wounds endured – these all cumulatively combine to create a sense of frustration like fighting an enemy you cannot see and will never be able to actually “fight” in the traditional sense.

That is why preparing, formulating and filing 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, is an important step in those “little battles fought” – for, unless the little ones are taken care of, the large ones that loom ahead may not be properly engaged in.

Reorganizing priorities; focusing upon one’s health; determining the future course of relevancy; these are all part of the metaphorical battles to be fought, but for the individual who experiences the medical condition and specifically for the Federal or Postal employee who must consider filing a Federal Disability Retirement application, they are no less real than the sudden devastation of a roadside bomb exploding beneath one’s Humvee.

Sincerely,

Robert R. McGill, Esquire

 

Medical Annuity after a Disability in the Federal Workplace: Formulaic writings

It is both of predictability and boredom that we seek when enjoying such genres of form and content – of the “formula” in a who-dunit, or a love story that brings together two unlikely individuals in their awkwardness and geekiness, but somehow overcomes the considerable odds and obstacles placed in their way (and we don’t ask, in a 2-hours snippet, how can so much happen to two people when not even a smidgeon of such events were faced in our entire lifetimes?) and ending with an orchestral crescendo that brings tears that raises handkerchiefs throughout the audience, which we all quickly stuff into our back pockets with embarrassing quickness when the lights are turned on.

But that formulas could be applied to real life, and not just in presentations that appear slick, without error and marketed with such efficiency that we think it is just that the “other person” is naturally good at it, and we are not.  But that’s the point, isn’t it?  Formulaic writings, formulaic plays, formulaic movies, formulaic – lives?

Perhaps it exists in the fictional world of fairytales and corporate pathways where certain individuals – whether because of the family name, the tradition of old wealth, or those “connections” that the inner circle depends upon for their very survival – are groomed towards reaching the top in some predetermined formulaic manner.  But for the rest of us, our lives are more likened to the undisciplined ocean where storms come at unexpected and unpredictable moments; strong surges and wind currents destroy that which we have so carefully built; and our ship’s rudder suddenly fails to guide or lead us towards our intended destinations.

There is no formula.  We are left without a map, less a compass, and more and more without the guidance of our parents or grandparents because, they, too, have become as clueless as the rest of society.

And for Federal employees and U.S. Postal workers who suddenly find that a medical condition has interrupted their career goals, hope for the future and dreams of security – preparing 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, may become a necessity.

Then, when one researches and looks at SF 3112A, Applicant’s Statement of Disability, one realizes that the questions posed are the same posed to everyone who files – and so the information requested is based upon some “formulaic” approach from the agency’s side of things; but what about the individual Federal or Postal employee’s side of it?  Is there, also, a “formulaic” approach to winning a Federal Disability Retirement case?

Like everything else in life, it always seems as if the slick advantage that the large bureaucracy possesses is overwhelmingly in favor of going against the Federal or Postal employee.  However, there is, indeed, a “formulaic” response – and that is the “laws” that govern Federal Disability Retirement.

Life in general may not always have a winning formulaic approach, but in preparing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it is best to at least garner the formulaic support of the laws that protect and preserve.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Content

What do we mean when we distinguish between “content” as opposed to “context”?  Are the two always distinguishable, and if so, are there any features or characteristics that make inseparability a potential difficulty?

We have all heard the famous phrase from King’s speech about being judged by the “content” of one’s character, as opposed to the “color” of one’s skin – a deviation of sorts from the more customary reference to the distinction made between appearance and reality, form versus substance, or even of spiritual versus material (although, as to the latter, one will often hear the metaphysical argument that it is the spiritual which is the “real” reality, and that the material is merely that fleeting, temporal existence that lasts for only a limited time).

Can the two truly be separated so cleanly as to allow for harmless independence – or, like the Siamese twins that share a vital organ, would any attempt necessarily devastate both?  For, isn’t it the very appearance of a thing that attracts and allows for an investigation further into the inner depths of the thing attracted towards?  Doesn’t context always matter when looking into the content of a thing, whether it is an incident, a conversation or a person of whom one is interested in committing to for a lifetime of relational considerations?

We often like to make such grandiose claims of bifurcating distinctions, when in fact the reality of the matter is that both are needed in order to complete the picture of the whole.

One may argue, of course, that content nevertheless is “more important” than context, or that substance by definition is of greater consequence than appearance, and by fiat of ascribed significance, one often argues that the former is necessary but perhaps not sufficient without the latter, whereas the latter is not unnecessary, but nevertheless cannot be made without unless one wants to walk about through life with a missing leg or a part of one’s soul left behind.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, always remember that – in preparing the SF 3112A, Applicant’s Statement of Disability – the U.S. Office of Personnel Management is looking for both content and context, and thus must one always be wary and cautious about the implementation of both.

SF 3112A is a trick form.  The questions seem simple enough, but what is put in there; the legal consequences of what medical conditions are included; the result of failing to include certain other conditions that may later be of greater consequence; these, and many more pitfalls, obstacles and unknown legal impact that may or may not be made aware of – well, OPM is not going to tell you beforehand, or help you out, and will indeed judge the Federal Disability Retirement application based upon the content of what is included, and not by the “color” of contextually missing information.

Sincerely,

Robert R. McGill, Esquire