FERS Disability Retirement from the U.S. Office of Personnel Management

Just as preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is an administrative process — as opposed to an “entitlement” where a simple act of filing or meeting an automatic requirement makes one eligible and entitled — where one must prove by a preponderance of the evidence that the Federal or Postal employee meets all of the legal criteria for eligibility; similarly, once the Federal or Postal employee obtains the Federal Disability Retirement benefits, it is a “process” which one must be prepared to embrace, in order to maintain the continuing viability of one’s OPM Disability Retirement benefits, and further, in order to preserve the right to retain and continue to receive the Federal or Postal Medical Retirement benefits.

That is why it is important to understand the entirety of the administrative process — not only in obtaining the benefit itself, but to ensure future compliance with the statutes, regulations and case-law.

While legal and on-line resources are certainly available and abound with vast information, ultimately those very resources must be applied; and in order to apply them, they must be interpreted by someone who understands the entirety of the administrative process.  “Trial and error” is often not the best approach in preparing, formulating and filing for Federal Employee Disability Retirement benefits from the U.S. Office of Personnel Management, if only because the “error” may outweigh the benefit of the trial itself.

As such, it is advisable to consult with a FERS Medical attorney who can guide one through the administrative process — not only at its inception, but in its continuing maintenance and retention of this benefit called, Federal Disability Retirement.

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.

 

Federal Employee Disability Retirement: Control Over

There are certain things we have control over; others, merely a spattering of influence; and still others, none at all.

It is often a dictum of life that “happiness” is the capacity to recognize those very categories over which we have control, and those where we have absolutely no control over.  Why?  Because frustration erupts or otherwise builds up around our attempt to maintain control over that which we have absolutely no control over.

Babies and toddlers, we have quite a bit of control over; teenagers, merely some exerted influence; but of adult children who wish to go their own way and ignore the experience of past generations — we have absolutely no control over.  We have limited control over the car we drive — but no control over idiot-other-drivers who also occupy the roads.  We have absolutely no control over the paradigmatic metaphor of sitting atop a mountain and watching two trains below heading at a high rate of speed towards one another on the same railroad track — and it is here that one’s frustration can overwhelm us.

Medical conditions, likewise, are something which we have no control over.  Filing for Federal Disability Retirement under FERS through the U.S. Office of Personnel Management because of a medical condition — well, that is something we have some control over, and it is often helpful to hire an attorney who specializes in Federal Disability Retirement Law in order to exert some greater control over a bureaucratic process which may at first light appear arbitrary, capricious and without any logical sense.

Now, that is the very definition of frustration — of a process which you have no control over, and that is the reason why you should contact a lawyer who specializes in the process of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Lawyer

 

Postal & Federal Disability Retirement: Competing Interests

It is a concept which is familiar to all; for, within a society where various individuals interact, where each person represents a self-interest and groups of individuals combine to form aggregate (or “corporate”) interests, the competition that develops and erupts is a natural phenomena.

For the most part, society operates well and rather smoothly; courts allow for competing interests that have reached a point where resolution must be arbitrated by a third-party authority; physical violence where competing interests resulted in an altercation are resolved by a criminal judicial system; and a well-trained police force deals with competing interests where laws have been violated.

Between nations, competing interests are often resolved by diplomatic negotiations — or end up in wars, resulting in devastation and famine for the general population.

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 competing interest which should be identified are: The applicant, whose interest is to obtain a Federal Disability Retirement benefit; the Federal Agency or Postal Unit, who may or may not be supportive of the employee/applicant, and thus may represent a “first order” competing interest; and the U.S. Office of Personnel Management, whose competing interest is to deny, where possible, the employee’s application for Federal Disability Retirement benefits.

There is also a fourth “competing interest” — that of a Federal Disability Lawyer who will effectively represent the Federal or Postal employee.

Such a lawyer, however, “competes” against the Agency and OPM, and advocates for the Federal or Postal employee.  Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and consider whether or not you need proper legal representation in competing against the competing interests you will be facing in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: The isolation

Generally, we accept the statement that Man is a “social” animal, and by that we mean that he or she prefers, all factors considered, to live in communities and interact voluntarily with others, as opposed to living in isolation, apart and separate.  That we congregate in bunches of aggregate intercourses is not uncommon; that we enjoy the company and camaraderie of social discourse is considered “normal”; but on the other hand, that we like to be alone at times is also not disputed.

There are those who cannot stand being alone; others who must always be in the company of someone; of still many who fear being alone in life, and desperately cling to partners who one neither deserves nor should solicit for the sake of one’s own well-being.  For, in the end, even the loner was born into the communal world; that he or she decided to betray the conventions of society and isolate himself is not an argument for normalcy of being.

It is, in the end, the isolation that is most daunting; of being targeted and separated and placed into a proverbial-type of sequestration or solitary confinement.

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 concept of “isolation” is not a new one.  Whether because the Federal or Postal employee feels isolated because he or she cannot tell anyone about the medical condition or, having told about it, the Federal or Postal employee is deliberately being isolated because of the medical condition, matters little.  Both result in the same consequences.

The “targeted” employee; the one who is no longer “part of the team”; the one who has dared ask for an accommodation; the one who is no longer invited to meetings or in the general sharing of information; the isolated Federal or Postal employee needs to file for Federal Disability Retirement benefits through OPM, lest the isolation results in the continued harassment and ultimately ends in a termination.

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 under FERS & CSRS: Procrastination and delay

The former denotes an active passiveness, while the latter connotes the former but may also include objective circumstances beyond the subjective input or control over the consequences resulting, whether from external forces, internal influences or a combination of both.

What compels one to procrastinate?

There can be a number of factors — of secretly not wanting to proceed; of the proverbial kicking the can down the road; of wanting to extend the known quality of the present and resisting the unknown quality of an uncertain future; or perhaps, just simple laziness.  Of the latter — of delays in a process, or of results expected — this can be because of actions taken or not by others, and a whole host of reasons not known by the expectant party.  Thus, for a delay to occur, much of the circumstances often cannot be controlled; of the former, most, if not all of it, is within the purview of one’s influence.

Further, it is often the monsters within that loom much larger than the reality without, and that is often true of things we anticipate we will not like, and of obligatory mandates that may be inevitable objectively but resisted subjectively.

For Federal employees and U.S. Postal workers who are contemplating the necessity of 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 is often that initial step that is the most difficult one to take.  And like that Chinese proverb that is often quoted, the journey of a thousand miles must begin with the first step, so it is likewise true that procrastination of that initial step is the one that prevents all subsequent steps and actions from being taken.

Procrastination is within the purview of one’s self; delays, beyond one’s control, or at least some part of it.  To overcome the obstacle of one’s self, it may be wise to consult with an attorney who specializes in Federal Disability Retirement law, so as to first understand the process of what it takes to file with the U.S. Office of Personnel Management, the intricacies involved and the requirements needed to meet the legal criteria for a Federal Disability Retirement application to “pass muster”, to realize what initiating steps are necessary, and to recognize whether the fears that delay are the ones that are merely in one’s own mind, or whether the pathway forward is as onerous as the fears that paralyze.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: That carefree child

Whatever happened to him or her?  That child who would shrug the shoulders, move on to the next thing and be free of worry or concerns.  “Carefree” is not a synonym for “careless”, or even of “uncaring”; rather, it is the capacity and ability to maneuver throughout this complex universe without allowing for life’s burdens to weigh upon one so heavily that past events prevent future actions of progress and advancement.

That child that is now lost was caring; he or she was also careful in every endeavor, every project and helpful in many ways; yet, that same child was known to be carefree.  Where is that child, now?  What happened such that life interrupted, anxieties developed and stresses multiplied?  Does that same child – now a hunk of an adult sitting in the corner somewhere – stay up at nights worrying about tomorrow, “stressed out” about the next day, paralyzed with panic about the future?

Often, the troubles we face within the confines of our own minds are greater in horror and imagined size, than the reality that is actually to occur.  Depression, anxiety, panic attacks, bipolar spectrums of manic and depressive phases, coupled with suicidal ideations, agoraphobia and other psychiatric diagnoses – these can comprise the lost paths of a child who is no longer carefree, but has grown into adulthood and experiences the commonality of society’s growing problems, exponentially expanded because the rest of society has indeed become uncaring and careless in its treatment of that child who was once carefree.

If that once-carefree child has become a Federal or Postal employee who is suffering now from the cares of the world, and the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job, it may be time to consider 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.

Filing for Federal Disability Retirement benefits will not be the solution to all of life’s problems, but it can at least begin to pave a path towards “coming home” to a time that we remember, when that carefree child walked about with less of a burden and more of a smile.  Federal Disability Retirement is meant to do that – to allow for the Federal or Postal worker to focus back upon one’s health and well-being and not become burdened with the stresses of work and performance, where love is anything but unconditional and the summer days of tomorrow may still have some warm moments to enjoy.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

 

Medical Retirement from Civil Service: Preparing properly for each stage

We often hear (and perhaps secretly scoff at?) the modern verbiage of a “Holistic” approach, where the missing consonant makes all the difference – as in the non-word, “Whole-istic”.  It is the approach often ignored and replaced by its cousin – of looking at each stage of every unit in and of itself without taking into account the entirety of the process of an administrative procedure.

For Federal Disability Retirement purposes, that is entirely and wholly a wrong approach.  No unit or stage is an island, entire of itself; every stage of the process is a piece of the whole, and we should never doubt for whom the bells of legal limitations toll; it tolls loudly for the Federal Disability Retirement applicant – to misquote and paraphrase John Donne.  For the Federal employee or U.S. Postal worker who is considering preparing a Federal Disability Retirement application, the thought of having it denied at the Initial Stage of the process rarely – if ever – enters one’s mind.

Why?  A tentative answer must always include the following: A person who suffers from a medical condition, and feels the chronic, intractable pain, or the turmoil of psychiatric trauma with loss of mental acuity and cognitive dysfunctions, cannot fathom a bureaucracy denying that which would seem self-evident to the preparer of the Federal Disability Retirement application.

There would be, of course, other explanations just as viable and valid, and dependent upon each person’s individual circumstances.

A simpler explanation can also be posited, which would more closely follow the rule of Ockham’s Razor —  that in the rush to put together a Federal Disability Retirement application, anything but a focus upon the “First Stage” of the process is simply too complicated, and cannot be envisioned by an applicant who is mired in the complexities of just “living” – of trying to still work; of dealing with the medical conditions; of trying to gather all of the medical and other evidence required in putting forth an effective Federal Disability Retirement application.

Is this short-sighted?  Perhaps – but it is what is called “reality”.

It is only the Federal Disability Retirement lawyer – one who has “dealt” with hundreds, if not thousands, of cases of Federal Disability Retirement, who can preemptively prepare for stages beyond the Initial Stage of the Federal Disability Retirement process.

In the end, preparing properly for each stage of the Federal Disability Retirement process means that you should lay the groundwork for the possibility of beyond – not much different than planning for tomorrow, for a year from now, or of taking into account the possibility that the entirety of the process includes multiple stages, and that is precisely the point:  Federal Disability Retirement is made up of multiple potential stages, and the proper preparation of each should always include a view which encompasses the next, and the one after that, and even perhaps the last of the multiple stages.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The wrong turn

What are the consequences of a wrong turn?  Recognition before venturing too far into the detoured travel; loss of some amount of time (allowing for that cumbersome freeway that doesn’t have another exit for some 25 miles); a rash attempt to correct the mistake by crossing the grassy knoll that divides the highway, only to find that the invitation of the greenery is a muck of quick sand that sinks the four tires into a pit of immobility; or, in the most positive scenario, a mere four-corner turn to get back onto the “right” track of travel.

Every decision in life possesses an inherent ingredient — some modicum of consequences; for some, disaster always seems to follow – like Pig-pen and the trail of dust and whirl of tornado-like innocence; while, for others, the Teflon-man of escaping even the scent of guilt is forever brushed off without a scratch or a theme of taint.

Then, of course, there are the horrible tales from newspaper clippings, of a wrong turn resulting in death, maiming, or other deviation from a mere innocence of mistaken scroll of the steering wheel; perhaps the GPS accuracy will no longer allow for such deviations resulting in detoured consequences, but others have contended that the technical glitches inherent in such devices still fail to recognize that the shortest and most efficient route may not always be the safest passage through life’s impending doom.

Further, what is it about the wrong turn that seems to define the state of a marriage?  In days of youth, such detours of deviancy may have evoked the laughter of wonder  – of an unforeseen adventure not worthy of even mild criticism; but as age increases the inner sanctum of fear and insecurity, so the wrong turn often stirs the nervous insecurities otherwise seething beneath the surface of apparent happiness and contentment of marriage, children, family gatherings and holiday warmth.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability or capacity to perform the essential elements of one’s positional duties, the question often becomes:  Did I make the wrong turn by taking on this Federal or Postal job, or is the wrong turn made by staying put?

Such metaphors of intent depend upon the very next move that the Federal or Postal employee will undertake.  For, if the next act is to merely remain in the same position, and allow for the harassment and adverse proposals to pile upon prior agency initiations of hostility, then the wrong turn will likely result in further mishaps of deviations of rightful routes.

For the Federal or Postal employee who can no longer perform the essential elements of the Federal or Postal job, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the next “right” move in correcting the wrong turn.  For, it is often not the initial deviation from a set course of direction that results in a move being “wrong”; rather, it is the acts that follow, attempting to correct, that leads into consequences that make matters all the worse.

Sincerely, Robert R. McGill, Esquire

 

 

Medical Retirement from Federal Government Employment: Still Life

The meaning can evoke a duality of concepts; of the artistic mode, where self-contradiction is inherent – for, it is often in depictions of inanimate objects, presented in combinations not normally seen in true living circumstances, that the artist arranges in order to capture a semblance of that which is never, or rarely, encountered.  Or of the alternate implication:  Once thought to have been deceased, the realization that there is yet a soul to revive, an aspiration to embrace, and hope again to realize.

Both, however, have something in common:  A frozen placement for all of eternity to encapsulate; the organic matter from which to work with, endure through and contrast to the opposite – of Nothingness devoid of any purpose, teleology or construct of animation; and the two together will posit a compound concept of contrasting contradictions:  loss of movement, but gain of Being.  But, then, that is so often true of daily living, isn’t it?

There is a contradiction in what we do; on the face of it, we appear to be “doing something”; but deep within the recesses of our thoughtful doubts, we know that we are failing to accomplish the hope of our dreams, the aspirations still surviving deep within our hearts, and the very failure of moving towards that which we desire, diminishes our inner selves and begins to slowly, insidiously shrivel the core of our souls.

Medical conditions tend to have that effect, and when the “outside” world begins to confirm that which we fear, the shriveling effect becomes accelerated on an exponential scale where proportionality of judgment becomes askew and fails to meet the expectations of our own essences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to pervasively impact all aspects of life – home, recreational, work and relational – the danger is that of a Still Life painting:  the combination of events and objects are not what they are supposed to be, and the encounter with “real” life no longer allows for further movement.

We become stuck in a painting arranged by someone else, and more and more, we lose greater control over our own destiny.  And in the alternative meaning of that concept – that we “still” have some life in us – is where taking the pragmatic steps toward preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset comes into play.

Still Life does not have to prevent movement where there is still life; and for the Federal or Postal employee who is no longer able to advance because a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, it is the Still Life painting which represents the impetus that there is still life to be lived beyond one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire