FERS Disability Retirement: The Difficult Road Ahead

It is not different for much of life; it is always a “difficult road ahead”.  Whether viewed in a poetic pentameter or in long, Faulkner-like narratives, the troubles, traumas, upheavals and disappointments felt, experienced and injured by most, is simply the cost of living an ordinary life.  There may well be lives out there which are untouched by troubles or tragedies; but as every family has a closet full of skeletons, so the “perfect family” as portrayed on social media is likely a mere facade concealing secrets of unstated hurts.

If given an opportunity, what 3 wishes would be asked for to blunt the difficult road ahead?  Wealth?  Yet, having unlimited financial resources will not necessarily make you “happy”.  Fame?  Will adulation and recognition bring about lasting contentment?  How about good health?  Yes, but if everyone around you is susceptible to the scars of illness, what good would it be if you are the only one left and all of your loved ones become debilitated?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent you from performing one or more of the essential elements of your job, the difficult road ahead is not merely the deterioration of your health, but the long process of trying to become approved by OPM for a Federal Disability Retirement application.  Perhaps neither wealth nor fame were ever a goal for you; perhaps good health was always hoped for; but in the end, the loss of our health makes the other two rather insignificant, and the difficult road ahead magnifies even more the value of good health.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and consider that the difficult road ahead may require someone who not only knows what direction to take, but which road will lead you back to fulfilling the wishes of your dreams.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Horror Tales

Whether of Edgar Allan Poe’s many tales, like The Tell-Tale Heart or The Black Cat, or perhaps a taste that extends to more modern versions, of the Stephen King genre, people like to scare themselves silly, and then to be able to declare, “It was just a story”.  Whether reality reflects fiction, or that fiction can never truly recreate and mirror the sins of our own existence is a debate that will perpetually persist.

The horrors of genocidal mankind — from the Roman era of stadiums filled to capacity to witness cruelty as entertainment, to the Holocaust and Pol Pot’s mass killing fields; to the machete-wielding genocidal killings in Rwanda between the Hutus and the Tutsis; there never seems to be a lack of horror stories, whether by creative imaginations or in the reality of a universe gone berserk.

We read about them; experience nightmares of a reality so steeped in absurdity that they awaken us with a cold sweat; and some few of us have lived them, whether in wars, by being innocent bystanders, or somehow corollary victims otherwise referred to as “collateral” damage.  Each one of us walk about with horror stories; some of insignificant vintage narratives; others, of consequential victimhood to such an extent that we disbelieve our ears or refuse to listen to the whole story.

Then, there are the daily horror stories; maybe they don’t count as such and few would even bother to listen — like Federal and Postal employees who suffer from a medical condition and where the medical condition is about to end the once-promising career that has suddenly hit the “pause” button and ceases its once-ever-trajectory towards an upward trend.  Medical conditions at any age are “horror” stories that are often kept secret, stuffed in envelopes of silent lips unopened, and festering in the suffering inner minds of zombie-like peoples walking amidst the turmoil of a world gone berserk.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to prepare, formulate and file 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, the horror stories one carries about may not quite meet the plot or characters of an Edgar Allan Poe tale, or a Stephen King twist; but for the individual who must live and suffer through the process of ending one’s career and fight for Federal Disability Retirement benefits, the tale of horror is nevertheless real, and consulting with an attorney who specializes in Federal Disability Retirement Law may well blunt the ending of a tale which is fated to otherwise end in a fit of screams and mayhem.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

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 issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps 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 try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: “Doing the best we can”

Sometimes, it may be a true statement; at others, it may merely turn out to be a throwaway line that is cast about to deceive a decoy into the mix.  What is the objective criteria in determining the truth of the statement?

If a young lad is failing in school and the parents contemplate some form of incentivized punishment, does the mother who relents and says, “But he is doing the best he can” have any credibility?  Or, does the filial affection shown and the inability to disbelieve the large and pitiful eyes looking back with tears rolling down his cheeks, pleading and saying, “But mommy, I’m doing the best I can!” — does it make it true?

How does one determine and separate out the complex structures of truth, objectivity, human emotions and the arena of subjective elements all contained within the bastion of a single declarative sentence?

Or of another hypothetical: Of a man or woman who is disabled and clearly struggling, but doing everything he or she can do to extend one’s career — overcompensating by working twice as hard, twice the time expended, and three times the effort normally required; does the declarative sentence, “He/she is doing the best he/she can!” mean anything?

There are, of course, differing perspectives — to whom the declarative sentence is being addressed and the one who issues the statement, and the chasm between the two often indicates the loyalties ensconced, the self-interest concealed or otherwise left unstated, and the group-think attachments that cannot be disregarded.  That is the problem of the futile treadmill — no matter how much more effort you expend, it gets you nowhere.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Postal or Federal job, “doing the best we can” may actually mean something — but likely only to you, and not to the Federal Agency or the U.S. Postal Service.

The plain fact is that the “rate of return” on the expenditures invested will never maintain any semblance of comity or balance.  For, the very extraordinary efforts being expended are more indicators to the Federal Agency and the U.S. Postal Service that you are no longer “normal”, and people tend to have that herd instinct and group-think affinity where anything out of the preconceived norm cannot be accepted.

“Doing the best we can” — is it enough?  Likely, not.

Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management will not betray the thought behind the declaration; for, in the end, who are you trying to please?  If it is the Federal Agency or the Postal Service, you are doing a disservice not only to your own health, but to the truth of the declarative sentence itself.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The buttons we believe accomplish

We believe, on faith alone, that pushing a button does the deed; and then we go on with life, and nothing really has changed but the belief in our own self-satisfaction.  It is that virtual world of computers, light switches, garage door openers and even the disc-like appendages to our shirts and sweaters that lead us to conclude that all such contraptions are of equal weight and value.

We see the cause-and-effect of the garage-door opener — of pushing a button and seeing the door slide open, then another push and it reverses course.  We push buttons on the computer keyboard, and with each tap the screen changes, or concludes with the deed completed; and of “buttons” on a shirt or sweater, we appreciate the invention that holds two sides of a separated apparel together to enclose our bodies with a warmth of a material embrace.

What does it mean to accomplish a deed with a mere pushing of a button?

We have been habituated into such thinking, and it is this disconnectedness that allows for society to continue to move “as if”.  It is only when we encounter the counter – belief that all of a sudden the world of buttons begins to sow some seeds of doubt — as when the boss comes and says, “Why haven’t you sent me X” and you respond, “I emailed it to you last week “ (it isn’t quite the same to say, “I pushed the button that accomplished the deed”).  “But I never got it” is the response which prompts you to go back and re-press the button, hoping somehow that doing so a second time will make a difference that the first time did not.

This time, however, just to be doubly sure, you go back and ask your boss whether he received it (not, again, “did my second button-pushing work?”), thus verifying the causal connection that had failed to occur previously.

What made the difference?

Somehow, in the ethereal universe of circuitry and magic we have no clues about, there exists a causal chain that “works” and “accomplishes” deeds — just like the garage-door opener that issues an immediate gratification of causation.  But that all of life would allow for such instantaneous confirmation — and of buttons we think accomplish.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates a consideration 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 buttons we need to push are many, varied, and long in waiting.

Whether they comprise of the metaphorical “buttons” to get people moving, or of emails that need to be sent, confirmations that require a response — what we do know, throughout, is that the reality of one’s medical condition has a discernible difference both of reality and of urgency when it comes upon the need for causation to occur.

The buttons we think accomplish remain somehow in that “other world” of magic and the unknown; the medical condition that remains is somehow the reality of the “now” that constitutes pain and suffering; and that is why preparing an effective Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management, is of greater importance than the buttons we believe accomplish.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Being too kind

Can we be so? Is there a tipping point on the pendulum of sugary personalities where the spectrum of color-coded warnings tell us to be wary, for danger lurking within a context where one becomes suspicious of a conversation turning to an overabundance of kindness? Is there such an event, a personality, a characteristic and a trait of opposition as “being too kind”? On a spectrum or scale of revealing who or what a person is – does kindness turn about into an antonym of sorts, and become naked meanness or obstructive disregard in malfeasance by neglectful ignorance?

Can parents be charged with negligence or criminal neglect because they are “too kind” to their children by allowing them to do as they please?

Can a sugary-sweet conversation engaged in with a superior turn out to be a deliberate intent to elicit responses where safeguards are lowered and one’s instinctive inner alarms of suspicion are temporarily abandoned? If a person is truly “too kind”, does being so become a detriment, or a badge of honor that allows for one to pass through life with ever a smile on one’s face? Or, behind closed doors, in the dead of night when the darkness shrouds the turmoil brewing in ones’ inner thoughts, at what price does being too kind extract, like that pound of flesh diminishing the weight of relevance for each of us in a world known to be mean and unkind?

We all accept predators and other animals of wolverine intent; and there are surely angels amongst the population who wander throughout in order to touch the hearts for the pleasure of gods in the underworld of eternity; but of those who by personality quirks or some missing link in the Darwinian universe of survival instincts, do the opposites of kindness equal the mathematical rule and create the sum of meanness, or its very opposite, of angelic qualities rarely encountered in this universe of cynicism?

Then, of course, there is the dismissive wave of the hand of which no one wants to fall within that category: “Oh, he’s a nice enough guy” – a declarative which, when properly interpreted, means: “Irrelevant; not worth spending more than a few seconds with”. For, being too kind has two faces to it: Whether of a perennially naïve character, such that the person with that eccentricity can be trampled upon and yet remain so; or, there is an underlying and often malicious intent beneath the veneer of such kindness.

For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, to be filed with the U.S. Office of Personnel Management, remember that there is always a history of repeated conduct by Federal Agencies and Postal Facilities, which should forewarn you about a person, an agency, a department of a facility, that suddenly is being too kind.

For, always remember the childhood fable about Grimm’s or Perrault’s eternal truth, as depicted by Little Red Riding Hood; and, depending upon the version written, you may not want to get into that bed with a grandmother who has a long and suspicious-looking nose, as well as other telling features that should ring the alarm.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: The lost ball in the field

We come upon it, and it sits gleaming with partial concealment in the tall grass beyond the river’s edge.  Whose was it?  Was it a child who threw it, or a parent, grandparent, or maybe even a sibling?  Did the child search for it, or was it forgotten soon after a futile search in directions otherwise unaccounted for?

Was there a party gathered, a picnic prepared and a blanket covered upon the grassy knoll; and were gloves included in the melee?  Was there laughter rumbling through the forest beyond, slowly dissipating in voices joyfully warmth in the sunlight of mumblings incomprehensible and lost among the groves of wildlife hidden behind and beyond?  Was the chatter of children full in the morning air, or lost in the heat of a midsummer’s dream?  From a lost ball in the field, can reality be reconstructed, or are the imaginations of dreams forgotten and hopes still hinting of a future unfulfilled, forever to be a wistful memory of what could have been, was, or even might have been?

Perhaps, some over-exuberant father threw the ball and it sailed over the head of the child; the child, watching as it travels overhead, then behind, then beyond where the periphery of limits placed in a universe that has been foretold of dangers and mysteries, watches as it bounces a few times, then disappears.  Perhaps there is a shout – something like, “Sorry, Tommy…let’s go find it!”  Then, a rush and rustling of footsteps, and a made-up race to the finish line: “First one that finds it is the winner!”

Gleeful shouts and joyful shivers, even in the sunlight of warmth and happiness, because for this moment, in this slice of time, a lost ball is bound to yet be discovered, and it is merely a temporary delay in yet an incomplete day’s fun.  But the search reveals nothing; the world conceals and refuses to cough up and unravel the mysteries of hidden meanings; and after a time, further voices calling for the consumption of picnics prepared and sandwiches to be unwrapped, and the sagging shoulders of a disappointed child must needs be the focal point of a universe otherwise uncaring and impervious.

Is this what happened, or did an old codger have a ball in his back pocket, was taking a walk with his dog, and it dropped silently out and rolled into the field, leaving behind any such creative imaginings to another page, an unfinished chapter, or a novel unpublished?

Things can be created out of whole cloth, or not at all.  What we include in the narrative of our meanderings is a choice, of sorts.  The child that walked away that mid-summer day’s loss – of what sorrow did he carry, and what tales did he tell tomorrow to his friends at school?  We all carry around narratives; what we choose to relate is up to us.

For Federal employees and U.S. Postal workers who are preparing SF 3112A, Applicant’s Statement of Disability, in formulating a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management – remember that, like the boy’s experience of the lost ball, the content of the narrative is important, and the delineation of the tonal quality of the facts is significant; choose with discretion the substance of the responses, lest the lost ball becomes found again, and it turns out that it was the old codger, after all, and not by the wonderment of a child’s unbelieving eyes.

Sincerely,

Robert R. McGill, Esquire