Legal Representation on Federal Disability Retirement Claims: That voice within

Whose voice is debating within the insular corridors of the otherwise silent individual?  Which one is the dominant voice, and how does one determine if that particular voice should be the one which attains such a prominent status and stature within the cauldron of one’s own thoughts?

We assume, of course, that when we are pondering within the insularity of our own thoughts, that the voice which speaks within is our own voice; but is it necessarily so?  Yes, yes — the traditional concept of “madness” will begin to encroach, of strange voices which begin to invade and intrude, and where schizophrenia is considered the likely explanation whenever “other” voices are considered.

But that is not what is necessarily the case.  It may be that the voice within is simply a regurgitation from a memory stored long ago — perhaps of one’s parents; a friend; an old school chum; a brother, sister or a cousin; and it is retrieved as an amalgamation of many others, besides.  More importantly, who determines the validity of what is being said, the subject of debate and the substance of the winning argument?

The danger of a soliloquy is that the lone figure who tries to figure things out on his or her own may not have all of the facts or information at hand which can lead to the right decision being made.  An unheard conversation undertaken and engaged by a singular voice may be no discussion at all; it may merely be a wrong-headed delineation based upon errors in fact and missteps in logical analysis.  That is why it is important to consult a person who specializes in a field and is knowledgeable at the outset, so that the facts gathered and the analysis conducted are sound methodologies based upon superior analytical insights and resulting in expert advice.

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, it is important to gather the necessary and pertinent facts about the entire process, the known administrative facets and pitfalls, etc., so that a superior decision can be reached in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, so that the voice within will avoid the mistake of listening to too many voices without which may lead him or her down the false paths of misinformation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: The human drama

There are other dramas, of course — of lions and similar predators; of insects beneath leaves dripping in the steam of rainforests deep within the jungles of equatorial regions rarely visited; of dogs chasing cats and cats chasing mice; of rabbits scurrying to avoid the claws of a hawk or an eagle; and then, of the human drama encompassing life, living, pain, sorrow, happiness, joy, hope and failure, all bundled up into communities where strangers walk about with smiles no longer reflecting joy or a frown implying sadness, but just an empty stage echoing from the scene that was acted out the day before.

The human drama is distinct and distinguishable from other species’ discourses of acting that may embrace the spectrum of emotions, for it is played out not merely by facial expressions, roaring of voices or whimpering of cries, but through the medium of language.  Language is the manner in which the drama is played, viewed, acted and depicted; and that makes for all of the difference in the world.  It is, as Shakespeare’s character surmised, as if all the world is a stage where each bit plays his or her part; and it is by language alone that the human drama is played.

What entrance fee is charged; how much we are willing to pay in order to witness the playing out of a specific act or drama unfolding; and in what private living rooms or bedrooms we would select for a premier viewing, we all have our preferences.  What is comprised of in other species’ dramas, perhaps we will never know, and care not about; for it is the peculiarity of the intra-species comity of needs, wants, desires and clung-to hopes for the future that link us all within the drama of the human kind.

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 human drama has been magnified by the pain and anxiety compounded by the medical condition itself — of the daily fight against the pain or inner anguish; of the increasing pressures at work, complicated by threats of adverse actions, placing you or threatening to put you on a PIP; of possible termination looming on the horizon; and all the while, the struggle to maintain your health and equilibrium.

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 an option that should be considered by all Federal and Postal employees who suffer from a medical condition where the medical condition is preventing the Federal or Postal employee from performing all of the essential elements of the Federal or Postal job, to be filed with the U.S. Office of Personnel Management; and however one views the unfolding drama of the next scene or act, consulting with an experienced attorney who specializes in preparing, formulating and filing for Federal Disability Retirement benefits for Federal and Postal employees may be the best way of beginning the next Act of that human drama called “life beyond a Federal or Postal job”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The rate of return

At what point does the rate of return diminish to the extent that it is “no longer worth it.”?  And, what is the “it” referring to?  Is it the effort expended in contrast to the compensation received?  Is it the dividends paid upon an investment ignored?

Often, in all of the contexts just described, the focus is upon the wrong point; it is not the “end product” or the final sum that should determine the worthwhile aspect of the “rate of return”, but rather, the key term overlooked — not the “return”, but the “rate”.  One might argue that the two essentially are the same, inasmuch as the “return” (the sum received) is determined by the “rate” (the calculus that determines).  But are they?  Doesn’t it depend upon what context it is being applied to?

Certainly, when conceived of in a traditional investment category, the final sum received can be backtracked to the rate that has been applied; but what about other, more non-traditional contexts, such as friendships, work — even marriage?  Or does one never apply such cold-hearted calculations when discoursing upon the arena of human relationships?  Can we so easily drop friendships and end marriages based upon the same criteria applied in changing investment firms?

Come to think of it, our own lack of active interest is probably the single biggest reason that marriages and friendships last — because, like those investments that we allow to remain because we are too lazy to take an active interest in, many remain in marriages and friendships well beyond the love that has been lost long ago, or the affection that has waned all too subtly; for, in the end, it is our own laziness and lack of motivation that allows the fallowed pastures to let life slowly die in the uncaring tenements of thoughtless stupor.

For Federal employees and U.S. Postal workers that suffer from a medical condition, such that the medical condition begins to prevent the full performance of one’s positional duties and the essential elements of the job, the conceptual paradigm of the “rate of return” should be applied in contemplating whether or not to file for Federal Disability Retirement benefits.

Surely, the Federal Agency or the Postmaster is thinking along the same lines — is he/she getting the job done?  Can I get more out of someone else?

That is the Agency’s perspective; but what about yours?  Such questions as: Is my health going to improve by remaining?  What will the future options be: remain, resign or file for Federal Disability Retirement benefits?

If the first and second choices are no longer real options, then the third one is a necessity, as it becomes clear that the rate of return is no longer a worthwhile investment to remain in a job that clearly is destroying any semblance of one’s quality of life — and that, in the end, is what the purpose of the investment was all about to begin with.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Just another bystander

There are primary characters, ancillary or peripheral personalities – and just another bystander.  Similarly, in personal relationships taken from a subjective “I” viewpoint, there are “close family members” (i.e., normally identified as the core within a nuclear family), “extended family”, and then there are “friends and acquaintances” — and just pure strangers.  Of course, the Internet, Facebook and other electronic devices have somewhat changed and altered the landscape of such relational directions, but we still know what it means to generally be “just another bystander”: to be out of the proverbial “loop” and perhaps observe, but otherwise uninvolved in the lives of those around, passing by or in the midst of a crisis developing.

Thus, when an accident occurs, a tragedy unfolds or a crisis develops, there are those who are referred to as “just another bystander”.  Or, if by tragic circumstances, that “bystander” becomes a victim either by happenstance or through “collateral” damage wrought upon surrounding neighborhoods, people, etc., we may refer to that person as an “innocent bystander” – as if the imputed adjective adds something more appropriate to engender empathy or description of haphazard events by which people can be randomly hurt.

Or, if intervention or interference imposes upon a situation by events unfolding, such an identification may be referred to in the past tense, as in, “He was just another bystander when event X occurred, and then he ran into the melee and helped the victims by…” In other words, by becoming “involved”, person X absolved himself by his very actions and thereby negated his prior status as a “bystander”, innocent or not.

The fact is, most of us are bystanders for most days of our lives; we walk through neighborhoods, streets and buildings inhabited by others, where others are engaging in commerce, relationships and interaction of daily living, and others, as well, are mere bystanders as they walk past us and bypassing our subjective interludes.  We expect others to maintain that status unless otherwise needed, and we retain with comfort such status in the courteous behavior towards strangers otherwise unnecessary for further interaction.  The problem becomes when we become bystanders within the role of our own lives.

For Federal and Postal employees 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, remaining a bystander when it is necessary to become an integral part in determining your own future is often a problem of self-will.  Watching the lives of others pass by is one thing; watching your own life pass by means that you are just another bystander when being a bystander is not the appropriate role to play.

Filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the necessary next and proactive step in determining the future outcome of events unfolding. The medical condition you suffer from is already the “event”; what you do next will determine whether you are the primary character or a bystander – or, worse, an “innocent bystander” who then is referred to in the past tense.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability Retirement: The complexity of 2

It is the solo flight that presents the escape of simplicity; inclusion of another, and suddenly the complexity of responsibility, duty, obligation and sense of “ought” becomes a part of the entire equation.  At first, it may be love born upon an equal plane; any sense of disproportionality is easily ignored, quickly deflected and unselfconsciously dispensed with; but over time, the complexity of 2 begins to creep in.

It is neither insidious nor inherently negative by artifice; rather, it is the most natural of sensibilities, arising from a knowledge that reliance upon one another not only acknowledges and validates the vows of matrimony, but moreover, the eternal commitment each makes to the other forever forges the bonds of undiluted friendship, like kindred spirits floating in some ethereal universe unperturbed by distractions of consternation consecrated upon the altar of destruction.

Have you ever observed the interaction of singularity?  That is correct – it is simple and uncomplicated.  The asides are mere reflections of one’s own troubles; the soliloquys stated without puzzlement or obfuscation.

Then, if you add a second, the complexity of 2 comes into play – of misunderstandings, miscommunications and loss of solidarity in the oneness of judgment.  What if there are three?  Then, suddenly not only are there relationships between the first and second, but between first and third, second and third, as well as the tripartite interaction between all three simultaneously.  And of four?

The exponential complexity that arises from adding one more to each magnification of interrelationships enhances beyond the mere introduction of another, but creates a havoc beyond the singularity of such an entrance.  Why is this?

One would, on a purely conceptual level, likely argue that since the simplicity of 1 remains so, ergo the combination of each should logically retain such lack of complication.  But such an argument based upon theoretical argumentation and rationality elliptically conducted in an antiseptic environment and context fails to recognize the innate complexity of each human being.

That is why, in preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the simple-enough questions posed and queried on Standard Form 3112A, Applicant’s Statement of Disability, can never be characterized as “easy” or “straightforward”.

Why?  Because there is the complexity of 2 – or more.  For, while the questions themselves are answered by the singular Federal or Postal employee, there are multiple facets of that same employee which requires a response – the Federal or Postal employee in the status of an employee who suffers from a medical condition; the relationship between the medical condition and the positional requirements of the Federal or Postal job; the Federal or Postal employee in the capacity of his or her personal life; the introduction of the diagnosed Federal or Postal employee with a specific medical condition.

Do you see the complexity?  It is, as always, the complexity of 2.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The mistakes we make

There are those who make it their life’s goal not to have remorse for decisions made; but is that truly a worthwhile achievement?  At the end of it all, is there a special space on the unwritten tombstone that lists the mistakes avoided, the embarrassments averted, and the admissions of deficiencies concealed?  Is that not where much of Shakespearean web of deceits are constructed from – of attempting to cover up the insufficiencies otherwise already apparent in the foreboding appearances we attempt to portray?

Tenuously though we approach the daily chasms of darkened pitfalls menacingly threatening each day of our daily lives, we refuse to admit, fail to recognize or are too weak in the egocentric falsities of fragile souls to merely utter the simple words that allow for expiation of our weaknesses and quickly move on:  “Sorry, I made a mistake”.

No, instead, the complex rationale, the justifications of convoluted sequences of condition precedents that fall upon the next as dominoes of perfectly aligned decoys; and the blame then shifts upon an eternal direction of fingers pointing one to the next, until there is no one left except for that proverbial last figure on the totem pole, who cares not because he or she is the runt forgotten or the brunt of everyone’s joke and display of pure human meanness.

But at what cost do we avoid admitting the mistakes we make?  Of what layers of calluses formed, souls injured and responsibility averted, until the unquantifiable element becomes so saddled with a guilty conscience no longer able to feel, to be human, to rise above the bestiality of man’s base instincts?

The mistakes we make often harm another, but those we do not admit to, diminish the essence of who we are, what we are capable of, and always forestalls the capacity to grow.

As in any process that is complex, preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, can have a pathway full of difficult decisions and a complicated morass of complex legal precedents, statutory obstacles and sheer obstructions of meandering deliberations.

The mistakes we make can haunt us with consequences difficult to reverse, and in preparing, formulating and filing a Federal Disability Retirement application, it is one of the rare instances in which he who makes the fewest errors, likely will win.  Mistakes in this area of law can range from the innocent and inadvertent, to the meandering blunders that lead to a denial from OPM.  It is often not enough to avoid a mistake in preparing an effective Federal Disability Retirement application; indeed, it is the blatant mistakes we make without the guidance of wisdom and experience that determines the future course of events, as in life in general.

Sincerely,

Robert R. McGill, Esquire