Tag Archives: federal employee with negative performance rating due to disabling conditions

FERS Medical Retirement: The Chance for Success

It is what everyone wants to know; we have all been accustomed to relying upon percentages — of probability theories from the likelihood of being struck by lightening to whether we will be attacked by a shark while swimming in the ocean (in both instances, of course, various factors come into play, as in: If you don’t venture into those circumstances which favor such calamities, the probability of such occurrences precipitously drops).

Or in the case of divorce, for example — Does including Elizabeth Taylor in the statistical analysis skewer the numbers— or those in Hollywood generally?

One can argue as to the accuracy of statistical analysis by questioning the data used, but we nevertheless seek assurance and find refuge in numbers, because of the impenetrable mysteries surrounding numerical certainties.  Math is a uniquely different language, and most of us struggle with comprehending its complexities while simultaneously defending its infallible status in the universe.

For Federal Gov. employees and U.S. Postal workers who have filed, or want to file for Federal Disability Retirement benefits under FERS, the question often posed is — What are the chances for success?  The answer, of course, is: It all depends upon the various factors underlying your own particular case.

However, one thing is quite certain: You must be prepared to fight for your case, a each and every stage of the process.  You must prepare an arsenal of weapons — not the least of which, includes the legal cases which favor and support your case.  It may be a self-evident proposition, but here goes: If you are not willing to fight aggressively against the U.S. Office of Personnel Management, you will surely lose.

So, take this simple advice from an experienced lawyer: Filing for Federal Disability Retirement benefits is not for the “faint of heart” and must be engaged in only with a view towards a “long and arduous slog”.

And as for the chance for success?  With the guidance of an experienced Federal Disability Retirement Lawyer, it can be exponentially enhanced.

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 Disability Retirement Law: Perfection’s Harm

It has been stated by many, that one should never let perfection be the enemy of the good; in other words, one can always delay and delay, arguing that whatever the project being attended to, the goal aimed for, it is simply not good enough because it is not perfect.

Can imperfect beings ever achieve perfection?  Or, is perfection merely the justification for procrastination, knowing that the goal which never can be attained will forever remain as a potentiality steeped in the angst of our own imperfections?

“Good enough”, of course, is a relative standard which all perfectionists are uncomfortable with; for, an employer who accepts such a standard is in danger of relinquishing high standards replaced by an ad hoc, mediocre acceptance of “less than” — which is never a paradigm one attempts to aspire to.  But perfection’s harm is of eternal procrastination; for, we can always find a reason why something is not “good enough”, without ever asking the natural follow-up question: Good enough for what?

In the abstract, “perfection” is an admirable goal to achieve, for it involves a standard envisioned by the visionary few; but in the practical world, perfection’s harm is the aspiration of a would-be god, an idol of idiocy, an apex of folly.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition continues to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the procrastination resulting from perfection’s harm is that the Federal employee believes that his or her medical condition will miraculously resolve itself, and allow for continuation in the Federal or Postal job.  But that is perfection’s lair — of tomorrow, or the next day.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and consider perfection’s harm — of the impracticality of which you already know, precisely because the medical condition itself has already established and revealed that man’s life on earth is one of perpetual imperfection.

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.

 

FERS Medical Retirement Benefits: Words & Images

Enter a gift shop and see the generic photograph inserted within a picture-frame for sale.  Who is it? Why was the photograph taken?  Was it merely to help sell the picture-frame?  Enter an antique shop where one sometimes comes across old photographs — perhaps even a daguerreotype — often faded, normally of a stilted figure; perhaps of a young woman, an old man, a soldier in uniform; a family on an outing; of a city scene where horses and carriages fill the streets; or of a father and son smiling, a daughter and mother staring impassively at the photographer in a still-life of unknown origins and an unverified date.  Who were they?  Why was the picture taken?

For the casual visitor to the store, who merely glances at the collection of old castaways, the images mean little, if anything at all.  Yet, there is a story behind each image — one which may be forever lost.  For, why else would such photographs end up in an antique store, out of the safekeeping privacy where they once belonged, where once words and memories attached unassailably with the photographs which told a story.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal or Postal employee from continuing in the career of one’s choice, the disjunctive between words and images becomes poignantly clear within one’s own mind: Who were we once, and do the words others use in describing you match the story between words and images?

Filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is a step toward re-matching the image one has of one’s self — of vibrancy and accomplishment — and the words others use to describe you, as well as the words you use to describe yourself.  For the moment, however, the words used are necessary in preparing an effective Federal Disability Retirement application — one of being in a lesser, debilitated state because of one’s medical conditions — must be carefully chosen in preparing one’s Statement of Disability on SF 3112A.

Consult with a FERS Attorney who specializes in FERS Disability Retirement Law, and make sure that the words and images utilized in preparing a Federal Disability Retirement application accurately portrays the state of present mind experienced.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

FERS Disability Retirement: Does Anyone, Anymore?

Does anyone read poetry, anymore?  Does anyone ever talk to anyone else, anymoreface to face, outside of the medium of electronic devices?  Does anyone actually give his or her full time and attention, anymore?  Does anyone believe in anything, anymore?

As the pews of churches become emptied ever more each day; as people interact through Smartphones and other electronic devices exclusively; as the world of reality is ever more replaced by the virtual universe of language games no longer based upon the disjunctive between truth and falsity — one wonders whether the abandonment of poetry is a sign that human emotion and empathy is no longer evident in the soul of a civilization.

Reading poetry takes time; time that we no longer have.  Reading poetry takes patience; patience which can no longer be afforded.  Reading poetry requires the lull of cadence where voices and laughter commingle into a shared mirth of joyful sounds; and of which we have lost.

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 all of the essential elements of one’s Federal or Postal job, the question becomes: Does anyone, anymore?  Does anyone care, anymore?  Does anyone actually want to help, anymore?

Consult with a FERS Attorney who specializes in FERS Disability Retirement Law and consider filing for Federal Disability Retirement benefits, lest the quest is answered in the negative and termination of employment becomes just another unanswered questionreverberating with the finality of, Does Anyone, Anymore?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Claims: Back to the future

The title comes, of course, from that classic 1985 movie, and depicts the idea of being able to go back to the past while yet retaining the knowledge of a future unforgotten.  Within the possibility of that paradigm, could the future be altered, or does the past that one thinks one is going back to already account for the presence of the person who goes back, and thus does the future remain within the rigidity of the unchanged past impervious to the arrogant thought that the future could be modified by the mere presence of one who goes back to the future thinking that the future could be changed?

The concept itself is a unique twist upon the creativity of human thought — not of time-travel into the future, but where the future as “now” is taken into the past, but with the retention of the “now” taken with us, thus becoming no longer a “now” but a future knowledge merely because one goes back into the past.

From whence does such an idea originate?  Is it our yearnings that begin to percolate in old age, when regrets seep beyond the borders of mere wistful thoughts and find their tug-and-pull upon our consciences?  Is it to try and make up for all the stupidity that has prevailed in the bumpy road of growing up, where mistakes made were forced upon family and friends who had the compassion and empathy to carry us through our troubled times?  Do regrets uncorrected plague our later years more than when youth betrayed the lack of character shown so brazenly when weeping mothers and shuddering fathers kept their silence during those terrible years of want and waste?

To go back to the future is but a yearning to correct mistakes left in forlorn corners of regretful memories, and for Federal and Postal employees who suffer from a medical condition such that the medical condition is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the time is “now” to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Going back to the future is not an option; the medical condition is with us now, and it is precisely the “now” which must be dealt with in order to prepare for an uncertain future.

Certainly, it would be nice to “go back” — back before our careers were impacted; back before the medical condition became chronic and intractable; and back before this mess called “life’s trials” began to prevent us from performing the essential elements of our jobs.  But it is only in the movies where the past can be corrected; in reality, going back to the future means that we must now proceed with caution to correct the mistakes and malfunctions of life in the context of today’s reality, and not yesterday’s regrets.

Sincerely,

Robert R. McGill, Esquire 
Federal Disability Retirement Attorney

 

Federal Employee Disability Information: Accuracy

How important is accuracy?  The converse of such a query, of course, is:  Is inaccuracy significant?  One would immediately posit:  It all depends.

Take the following 2 hypotheticals:  An archeological dig is conducted, and it is believed that the site of the ruins is of relevant importance concerning a time-period of “recent” history — say, during the American Revolution.  Given that scenario, the “dating” of the site should be ascertainable within a year succeeding or preceding, such that if the Lead Archaeologist declares that the event in question occurred in 1778, “or possibly in 1779, maybe as early as 1777”, we know that — given the time period in question (1775 – 1783) — such a statement conveys a fairly accurate historical context.

Now, take the same hypothetical, but this time [sic] concerning some form [again, sic] of a fossil that is deemed at least 500 million years old.  If the Lead Archaeologist declares with some hint of irony, “Give or take a few million years more or less” — what would our reaction be?  Is such a “find” just as accurate as in the first hypothetical?  Can a declaration that is numerically off by a few million years (i.e., looking at it in quantifiable terms of 24 hours in a day times 365 days in a year times 2 – 5 million years equals how many hours for those who want a graspable perspective) be called a “science” in any meaningful usage of the term?

Of course, one could argue that even within the first hypothetical, given the limited range of years that comprises the American Revolution (1775 – 1783, or a mere 8 years), to be off by a year or so is also quite an astoundingly inaccurate assessment.  But which is “more accurate” — the one that is estimated within a year, or the one that quantifies it in terms of “millions” of years?  Can one even ask the question of “more or less” accurate, when the very concept of accuracy itself denotes precision and pinpointed, undeviated marksmanship?

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, the question of “accuracy” can be a crucial one.  How “accurate” does one’s Statement of Disability need to be on Standard Form 3112A, Applicant’s Statement of Disability?  What “precisely” does the treating doctor have to include in the medical report?  How detailed (and therefore, accurately) does the nexus between the medical documentation and the Applicant’s Statement of Disability does it have to reflect?

In all such questions, “accuracy” is a goal to attain in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

For, while the Archaeologist may be “off” by a quantifiable sum of years in a site-dig and suffer little to no consequences, the Federal Disability Retirement applicant must depend upon the accuracy of the law in determining benefits to secure a future yet uncertain, and such an administrative endeavor is likened more to the accuracy of the arrow that is shot towards an apple resting upon the head of a young boy, than of a declaration made that is off by a few million years, give or take, more or less.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Moments of clarity

There are those moments, aren’t there?  It may come as a flash, in the middle of the night, while walking quietly in the woods (or in one’s back yard, pretending that it is in the middle of somewhere’s nowhere, despite the loud humming of lawn mowers and air blowers whoosh-whooshing in the distant yonder over the fence beyond); and it need not be because of some eureka moment or because of problems faced and meditated upon.

There are moments of clarity in life, and they may be identified and described in various ways – of periods of inspiration; of a heated splice of madness; an awakening from a dream despite lack of sleep.  Or, perhaps a spark of genius came about.  A childhood memory, a dream once vanquished, a feeling of regret later in one’s life; these are the crumbs that gather in the corner of the dinner table, left behind like the ghostly apparitions of yesteryear’s hopes and unfulfilled cannibals of thoughtless mimes; and yet they can haunt or stir.

Such moments of clarity can bring about change; or, we can repress, suppress and ignore them, and allow them to wither away like flowers left in the pot of life’s mish-mash of events, and slowly they die, weakened by lack of care and ignorance of beauty.  Medical conditions themselves can bring about such moments of clarity; of the futility of trying to maintain appearances, and instead of facing a reality that is sharpened by pain, anguish and society’s definition of what it means to be productive.

Health is indeed a gift; poor health, or deteriorating health, brings about a different kind of gift – one that sometimes allows for those moments of clarity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition brings about a realization that the Federal or Postal employee is no longer able to carry on as before, and that preparing a Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management is now a necessity, it may well be that such a conclusion of a necessary change in one’s life came about because of one of those “moments of clarity”.

Don’t ignore it, as it may not come about again.

Instead, like warnings, clues and prognostications of impending necessities, the need to listen carefully to one’s health and mind may be just a moment of clarity that your body is simply telling you something.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for Federal Disability Retirement Claims: The image we hold

What picture do we carry?  No, not in one’s pocket or wallet, but in the eye of one’s mind.  Is it one that has been frozen in time; an imprint from a bygone era, a specific day in one’s past where childhood memories once floated upon a cloud of dreams and wishes?  Or, is it of more recent vintage – wrapped in layers of cynicism and denied opportunities, huddled in a corner where bitterness, wrongs and outrages of blames and byproducts of what others have “done” have emasculated and left that image we hold with disdain and dank disgust?

Where we are in life, at what stage we find ourselves; often, how we act and engage the world depends upon the image we hold of ourselves.  It is, after all, the one person whom we have no idea about.

Oh, yes, we try and fool ourselves by claiming to know ourselves better than any other, and we do this because we are the only ones who have access to that “inner” soul that speaks soliloquys and bitter asides when we believe no one else is listening.  But that is merely a subjective understanding of a subject that lives in the world of pure subjectivity; it is not, after all, an “objective” perspective and assessment of who we are.  For that, we must turn a dispassionate eye in reverse-form upon the image we hold of ourselves.

In the end, are we anything more than the aggregate of a language we have learned, and the very usage of the language we have acquired, the sense-impressions we have encountered and the image we hold – is it any more or less than what others have of ourselves?

That is why, in 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, it is important to have a greater sense of who we are when we write that “Statement of Disability” on SF 3112A.  For, SF 3112A requests certain and specific information about one’s self, the nexus between one’s medical condition and the impact upon one’s positional capabilities and essential elements of one’s job.

But the narrative we write should have a certain sense of objectivity about it, precisely because it is going to be some “other” person who will be reading it, assessing it and evaluating the sincerity and persuasive impact of the delineated discourse.

From that perspective, the image we hold of ourselves can be an impediment, precisely because it may not be an objective viewpoint, but one wrapped in the perspective of pain, turmoil, anger and despair, which is understandable, taking the medical condition into account.  Perhaps, an advocate who has a more “objective” perspective – like a lawyer who is well versed in Federal Disability Retirement law — might be of some assistance in the process.  Just a thought.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Competence & Relevance

As applied to a person, the dual concepts refer to the capacity of the individual’s talent and the relational importance to the greater needs of an organization, entity or society; as inserted in a more general sense, it is an evaluation of the connection between import and applicability.  In both senses, it embraces one’s identification within a macro-context of where one fits in.

For Federal employees and U.S. Postal workers who have striven for years and decades to achieve a level of competence and relevance within an organizational context which treats one like the proverbial faceless bureaucrat which generates a worn and tiresome image, age itself is a friend, to the extent that as one works at a craft or vocation for many years, the wisdom gained equalizes the lack of experience and compensates for overzealous enthusiasm.  But the flip-side of age and experience is that the human body and psyche are vulnerable, and susceptibility to deterioration and mortality itself becomes evident as one advances down the spectrum of a life.

Is life merely a project, as Heidegger would have it, in order to avoid the stark reality of our end?  Are the corollary concepts of “Being” and “Nothingness” the fearful entities which engender our vacuous spurts of energetic turmoils in an effort to hold onto one in order to forget the other?

For Federal and Postal workers who find themselves with a medical condition, such that the medical condition begins to threaten one’s ability and capacity to continue working in one’s defined Federal or Postal position, it is the very question of one’s competence and relevance which begins to compel one to file 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 vulnerability of age, infirmity, and the deterioration from one’s medical condition, compels one to reflect upon the status and stature of both.  Identification within a community is always an important component for a social animal, and human beings are innately conditioned, whether by DNA determinism or by nurture of upbringing, to find as important one’s “place” within a greater universe of interacting “others”.

For the Federal or Postal employee who suddenly finds that loneliness and isolation compelled by a medical condition is leading to a cold and heartless expungement through adverse actions, increasing hostility and questioning of competence and relevance, the necessity of considering an OPM Disability Retirement application must become a priority by choice.  Let others question through ignorance and self-hatred; the years of contribution speak for themselves, and let not meanness of doubt enter into the soul of one’s confined beauty.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Retirement Lawyer: The Complexity of Unpredictability

Some view human behavioral unpredictability as a declaration of the underlying complexity; others would have it that, far from any such convoluted aspiration towards mystery and intricacy, a yawn and ensuing boredom more likely represents the determinism and simplicity of humans.

Which represents the true picture?  Perhaps youth and a naive lack of experience in encountering the universe of everyday conflict is what we discover in the spectrum of opinions; and cynicism abounds upon greater enmeshment and entanglement with the human condition.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the question often arises as to whom, when and the timing of divulging the intent to file.  As the saying goes, discretion is the greater part of valor; unless there is a compelling reason to do so, limiting the information where relevant; restricting the venue of information to the extent possible; and keeping mum until and unless necessary, should be the guiding principle.

Why?  Because, first and foremost, medical information (which is obviously the primary foundational basis of a Federal disability retirement application) is sensitive in nature, confidential in scope, and entails vast privacy concerns for all.  Further, one never knows how an agency and its representatives may react (thus the charge that human beings are complex in nature), but the predictability of big-mouths and lack of discretion (alas, the corollary charge of simplicity of humans) should restrain and constrain any urge to divulge earlier than necessary.

“Necessary” is the key word, and that applies to people, timing and context of dissemination of such confidential information.

For the Federal and Postal employee contemplating preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the general rule, always, should be to believe in both contradictory assertions:  Because human behavior is complex and unpredictable, be discreet in revealing information; and because human behavior is simplistic and unimaginative, similarly be discreet and restrained in providing sensitive information.

As one side of a coin is worth just as much as the other, it is best to feel the nature of two faces in a world replete with two-faces.

Sincerely,

Robert R. McGill, Esquire