FERS Medical Retirement from OPM: Better Days Ahead

If you have had the worst of days, then looking forward to better days becomes an undeniable fact of predictable certainty.

Good and bad days occur for all of us, whether determined by some objective standard, or by the whims of altering moods.  Like weather patterns and tempestuous personalities, the accounting of days and their qualities alter by minutes and lesser fractions thereof.

Human beings possess an excellent capacity for self-determination and defiance of fate and karma, both of which are influenced by the attitudes we display.  Can we always count on better days ahead?  And more to the point, how can we contain and circumscribe the bad days?

It has been variously pointed out that frustration is produced by the broader gap between expectation and achievement, where one’s unrealistic anticipation of goals to achieve falls far short of realistic ends annotated.  Thus, it is always essential to identify items which will come to fruition no matter what.

In other words, always include in any “to-do list” items that you are bound to be accomplished, anyway.  More importantly, circumscribe the boundaries of the current “day” and do not include more than an identifiably limited time quantification.  Stated differently, there should be a beginning time and an end point as to what constitutes a particular day.

Finally, it is always a given that we should discount Mondays — for, the day following a weekend will almost always be disastrous, no matter how we attempt to decorate it with outward appearances of successful annotations.

Are some of these tactics mere attempts at self-delusion?  Perhaps, but if we are to avoid the fates of mischievous gods who playfully attempt to throw lightning bolts in the paths of our daily lives, we must anticipate them and adjust our actions accordingly.

And for Federal employees and U.S. Post Workers who are engaged in the frustrating bureaucratic process of applying for Federal Disability Retirement benefits under FERS, any and every mechanism employed in order to sustain a sense of humor will help you survive the maddening administrative process and help you survive to a successful end.

For, sometimes, the gods who play with our lives are not those mystical creatures watchful among the clouds above, but mere mortals walking to and fro amidst the bureaucratic halls of government offices.

And to maintain your sanity, you may want to consult with a FERS Disability Lawyer who specializes in Federal Disability Retirement Law to see what legal shields may be effective against OPM’s random and capricious lightening bolts of denied applications.

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.

 

Postal and Federal Employee Disability Benefits: Trying Out New Things

Or approaches.  Or new ideas.  Is there ever anything wrong with that?

This is America — or so we like to say — the land of pioneers and the breed of explorers and entrepreneurs who reflect the “New World” approach to everything: stamp out the old, bring in the new.  But at what cost?

That is, of course, the essence of the debate:  Of whether there is justification, moral or otherwise, to allow for the “new” to replace the “old”.  And, what if the “new” is merely a short-term fancy which has never been tried and tested?

We are doing much of that these days — of subjecting everyone to Smartphones and Internet-based learning, without any data regarding the long-term effects of such approaches; of non-judgmental therapeutic methods which fail to hold people accountable for their actions; and, somehow, we have bought into the idea that “new” is a synonym for “good”.

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, trying out the “new thing” called Federal Disability Retirement is not really anything new; rather, it may be a newly-acquired consideration prompted by your medical condition and the need for change, but the reality is that there is a long and tested body of law which will determine whether or not you are eligible for Federal Disability Retirement benefits.

It is “old” in the sense that it has been around for a long time, but “new” to you because you may not have needed to consider it until lately.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and begin the process of trying out this “new” thing, which is actually an “old” thing, but in trying it out, has become entirely new to you.

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 under FERS: Routines

We all have them; we rely upon them; and in times of tumult and upheaval, they are what gets us through because we can endure them with thoughtless efficiency.

There are the rare and few who try and avoid them — thinking that such avoidance characterizes a higher level of creativity, imagination, and resistance to monotony; but in the very act of such avoidance and rejection of routines, the chaos itself becomes a routine and represents the repetitiveness which one sets out to replace in the first place.

Routines represent the foundation of normalcy; it is what we rely upon to maintain a Kantian order of stability in a world which is often unreliable and chaotic.  When those routines are systematically interrupted, the balance of proportionality must be assessed in order to determine the significance of such disruption.

Medical conditions tend to do that — of forcing one to rethink the impact upon the routines one relies upon.

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 position, the impact and imbalance perpetrated by the medical condition in disrupting and interfering with one’s routines may be an indication of the need to file for OPM Disability Retirement benefits.

Contact a Federal Disability Lawyer who specializes in FERS Disability Retirement benefits and begin to consider and reassess the importance of the routines you once took for granted.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal Workers: Road Maps

Does the “new way” diminish other manners and approaches?  Does an increase in technological guidance diminish and decrease the self-reliance and initiative required once upon a time?

Take, for example, the trip taken today — any trip: One merely types in the address or the phone number, presses a button and Google Maps guides you to your destination.  In days now gone and forever forgotten, one had to take out those old paper maps (you know, those multi-folded, accordion-like Rand McNally relics) stuffed in the side door compartment of one’s vehicle or dug out from under the piles of old registration cards in one’s glove compartment, and carefully follow the numerical and lettered cross-sections of quadrants in planning the course of a trip otherwise lost in the morass of unfamiliar territory.  Or, like most men — just “wing” it.

Does the loss of a road map — the necessity of its very relevance and existence — mean that there are reverberations in other sectors of one’s life, or in the way one’s brain works?  Do we, because of the ease of Google Maps, become lazier, expect that everything will be self-guided, and is that the future for everything in life, especially once the self-guided vehicle is perfected?  Does the expectation of technology’s ease make us lazier, allowing for procrastination to become extended beyond reason, where we no longer “plan” for things well in advance, assuming that whatever the issue or anticipated endeavor, it will all be taken care of by a click of a button, or at most, a few keyboard taps away?

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, road maps are a necessity of life — both for the Federal or Postal employee in maneuvering through the complex administrative pathway of a Federal Disability Retirement application, as well as in preparing a “legal roadmap” for the U.S. Office of Personnel Management in approving the Federal Disability Retirement application.

In both cases, the road map is similar to that old Rand McNally map that required quadrants to be precisely followed: For the Federal Disability Retirement applicant, the need for precise guidance by the best route possible in order to obtain an approval from OPM; and for OPM, the proper legal citations and arguments that will persuade them to grant the approval.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.

For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct and differentiated by the increasing severity of the criteria to be applied, but in the end, the juror who goes back into the room to consider the guilt or innocence, the fault or apportioned negligence, is entirely subjective.

For, is there a clear demarcation as to what “reasonable” is?  Can one delineate what is “clear” to one and “convincing” to another?  If a witness has perfect recall and a persuasive manner of telling a “story”, if one juror blurts out, “Oh, but his eye twitched and he was clearly lying through his teeth!” – what then?  And the concept that one side has a “preponderance of the evidence”, or to put it in different but equally confusing terms like “more likely than not” or “the greater weight of truth” – what do all of these analogies and metaphors mean, in the end?

Surely, there are the “easy” cases – an entire football stadium who saw a man shoot another, and the assailant who confesses to the murder; these, we can say are “beyond a reasonable doubt”, but even then, a single juror who has a beef against societal constrains can “nullify” a verdict by holding out.  So, what is the answer (or, for some who are still confused, “what is the question”)?

For Federal employees and U.S. Postal workers who are entering the legal arena of preparing a 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, the expectation, of course, is that the OPM Medical Retirement application will be approved at the first or second stages of the process – i.e., at the Initial Stage of filing a Federal Disability Retirement application with OPM, or at the “Reconsideration Stage” of the process after an initial denial.

That being said, the Federal or Postal employee must – and should – consider the Third Stage of the Federal Disability Retirement process, which involves an Administrative Judge before the U.S. Merit Systems Protection Board.  That is when the legal standard of “Preponderance of the Evidence” will ultimately become relevant and operative, and where the evidence gathered and the amalgamation of arguments proffered becomes a basis for testing the validity of legal standards and the meaningful application of the law, evidence, and statutory interpretations.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The key to happiness

There are countless titles of books which predicate upon the presumptuous endeavor; palm readers who, for a prepaid fee, make their living from it; and wanderers who trek the Himalayas in search of it.  Others merely change the definition or meaning of what constitutes the achieved goal, or drink themselves silly when self-deception fails to fulfill.

The problem with happiness is that it was once a byproduct of our lives; when it became the end-goal, the very nature and essence of it became unachievable.  It is when a singular focus upon an effect becomes the sighted destination to reach, that the frustration of unrealistic expectations come to the fore, and dismay and doubt of self becomes the mainstay.  Happiness was never meant to be a constancy of one’s trophied achievement; rather, it is a secondary effect as the residual of an accomplished life.  Frustration thus dawns upon us because the fleeting aspect of its very nature is never within one’s control.

For the Federal or Postal employee who suffers from an ongoing medical condition, such frustration of purpose is self-evident on a daily basis, especially when one plays the never-ending game of, “If only X…”  For, the contingent precedent is never within the grasp or control of the injured Federal or Postal Worker, or one who is beset with progressively debilitating medical conditions.  Federal Agencies and the U.S. Postal Service make it their job to obfuscate, place obstacles, and ensure the daily denial of accommodations, and flout their open disregard of the laws and protections allegedly designed for Federal and Postal workers who suffer from a medical condition.

Often, in life, there are limited choices; but the options we choose are the known pathways to happiness.  Loss of it, or the denial of the effect, comes about when we rely upon those things which are beyond our control, and expect others to “do the right thing“.

For the Federal employee or the 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 positional duties, the key to happiness is to take affirmative steps in taking charge of one’s own life.  Beginning the process of 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 a pragmatic step which one can actually quantify with respect to the progress made towards a goal defined.

Purchasing another book with the word “happiness” in it will be to waste another dollar; identifying those issues within the purview and control of one’s destiny is a greater investment in achieving a realistic goal defined, so that one day, when the whispers of past days of dark and dismal hauntings are remembered from a place afar, the vestiges of unhappiness will merely be a faint echo in the peaceful slumber of one’s joyous summers yet to be dreamed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Time, Memories and Forgetting the Never-ending Cycle

It is well that human beings have short attention spans and memories, lest the magnification of residual retentive powers should lead one to act.  Despite daily repetition of pain, frustration and humiliation or turmoil, we are ready to repeat the process, and let our memories fade into oblivion.

Perhaps it is merely another one of the genetically-engineered traits for survivability within the evolutionary context of epochs of adaptation; or, a more proverbial mis-attribution to P.T. Barnum that there is a “sucker born every minute”.  Whether the former (which merely describes a state of “how” we act) or the latter (which explains the “why” of behavior), the determination for self-immolation gladly volunteered on a daily basis, also reveals the strength of the human essence.

For Federal employees and U.S. Postal workers who daily suffer through the physical pain of a medical disability, or the cognitive dissonance of psychiatric conditions (which is also a form of pain, interpreted through depression, anxiety, uncontrollable panic attacks and other symptoms of psychological ideations), the daily encounter with one’s Federal agency or the U.S. Postal Service can be a repetitive process of harassment, self-destructive engagements, and periodic spans of suffering.

Time is the void of space experienced throughout any given day; memories, the shutting aside of one’s experiential chaos; and the need to forget the cycle of turmoil reflects the necessary next step in order to separate one’s self from the repetition of progressive destruction.

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 a means to break the tripartite cycle of daily turmoil, pain and suffering, by allowing for the Federal and Postal employee to reach a circumstance where rehabilitation of one’s deteriorating health becomes the pinnacle of concern, unlike the lack of empathy and impassive looks of unsympathetic coldness shown by the agency, the U.S.Postal Service, managers, supervisors, and H.R. Personnel.

Time is what precisely the Federal and Postal worker who suffers from a medical condition, such that the medical condition no longer allows for the full working of all of the essential elements of one’s positional duties, needs and requires; memories are those which one cherishes for the sake of longevity; and forgetting the never-ending cycle of progressive deterioration can only be stopped by taking affirmative steps to prepare, formulate and file for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: Subtle Warnings

Subtlety is not an inherent trait of the American psyche.  As pragmatism and materialism dominates the prevailing thought-process, the capacity and ability to recognize and act upon indirect signs and hints is underdeveloped and considered a disadvantage.   From recognizing the early warning signs of a medical condition, to responding to an agency’s initiation of adverse administrative proceedings, the Federal employee and the U.S. Postal worker is marked for his or her naive forthrightness.  Thus the recurring quip:  “Why can’t they just come right out and say it?”

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s positional duties, the need to recognized and act upon subtle warnings becomes a necessity crucial for survival.  Timeliness matters; planning for the future requires a thoughtful recognition of harbingers of hazards.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal Service worker is under FERS, CSRS or CSRS Offset, is often like the childhood game of  “cat and mouse”.  As a game involving constant pursuit, avoidance of capture, near-misses and resumption of pursuit, staving off administrative sanctions, actions and similar initiations of contrivances by the Federal agency or the U.S. Postal Service while the Federal or Postal employee is awaiting a decision by the U.S. Office of Personnel Management, is simply part and parcel of this complex process involving a burdensome bureaucracy.

Filing early for Federal Disability Retirement benefits through OPM is often the key; ignoring those subtle warning signs, both about one’s own medical condition as well as the underlying substratum of intentions as indicated by the Federal agency or the U.S. Postal Service, is to disregard the inevitability of life and its complexity of meanings.  For, in the end, that which is subtle must unravel and manifest, but it is the one who first senses the forewarning of fate who ultimately can control one’s destiny and divert from the determinism of fatalism.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: From Whence We Came

It is often quipped that the advantage of human psychology is in our short memories; otherwise, we would walk around with greater angst than we deserve.  The accomplishments achieved; the accolades left unstated; perhaps in menial tasks or ones of recognized significance; but in any event, a career, all told, which spans a decade or more, will always have a sense of achievement, if only for the steadfastness of commitment itself.

In this day and age, where millennials change jobs as often as infants of diapers, the career of a Federal or Postal worker which spans multiple decades is an anomaly itself.  Whether the goal was to make that 30 years, or simply because the Federal or Postal employee liked what he or she was doing, matters not.  Commitment in and of itself is an achievement.  Thus, when a Federal employee’s or a U.S. Postal worker’s career is cut short because of a medical condition, such that the medical condition necessitates the 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 regrets foretold or the dismay of a career cut short, should always be replaced with memories from whence we came.

Staying with a Federal or Postal job for so many years reveals a steadfastness of purpose; but where priorities intersect and interrupt, especially when it comes to one’s health and future security, filing for OPM Medical Retirement benefits is meant to salvage such a Federal career by allowing for an annuity to stabilize one’s future, and to consider taking that experience one has amassed into the private sector for a possible second vocation.

Memories; they are funny animals; and for humans, allows for visualization and imagination from whence we came.

Sincerely,

Robert R. McGill, Esquire