FERS Disability Attorney Blog: Life With Abandon

Some would say that it is the only way to live life; others, that caution and thoughtfulness before proceeding is the wiser course of action.  Are the choices merely a reflection of age, as opposed to a life lived resulting from upbringing or personality?  Does youth and inexperience reflect the yearning to live life with abandon, whereas old age brings about the cautionary tale of the brother to the prodigal son who stayed behind and attended to his duties?

Upon watching a young child play with abandon, an old man remarked to the concerned mother, “Life will teach the young lad soon enough, and the cynic will foster from the experience of abandon”.

But do we all learn from experience?  Why do we idolize the successful person who “goes for broke”, and quickly forget the ones who do that but “fail” in life?  Do most of us relate to the football team that tries to preserve its 3-point lead in the fourth quarter, but loses in the last 30 seconds of the game because of cautionary trepidation? Do we all think we are that quarterback who plays with abandon, or the one who tries to preserve the lead?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or career in the Federal government, “life with abandon” is sometimes merely the next step in one’s career and life by preparing a Federal or Postal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, may be the Fourth quarter pass which wins the game.  It is all in the way and manner you see things.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and consider whether filing an effective Federal Disability Retirement application may not be the admixture of both — a cautionary life with abandon, done the right way.

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 Disability Retirement Benefits: Troubled Life

Is it a redundancy and a tautology to put the two words together?  For, one may assume that every life is “troubled”, and everything in the universe that is troubled involves a “life”.  So, if one concept necessarily entails another, why do we even have to bother to explicitly point out the co-dependent concept?  Thus would one say if you hear the word, “Life”.  Oh, then it must be troubled.  Or, if you heard someone mention that there was “trouble” in such and such a place, you would merely add, “Oh, yes, there must be a live person there, then.”

Of course, one could argue that the reason why we must clarify one concept with another is because (A) A different and separate concept can also be attached to the other word and (B) It is not necessarily so that an if-then conditional exists — meaning thereby that there are, arguably, “untroubled” lives as well, as least for brief moments in the life of an individual.  As one pastor was heard to say long ago, however: “Where there are people, there are problems.”  True enough.

To live a life for any length of time is by necessity to encounter problems and troubles; for, that is the nature of human existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, “trouble” becomes exponentially pronounced because of the impact upon one’s life that a medical condition necessarily brings.

Filing a Federal Disability Retirement application under FERS, of course, can often mitigate the trouble and help one live a life that is less troubled, by allowing the Federal or Postal employee to focus more upon one’s health and less upon the adversarial nature and friction which arises from one’s inability to perform all of the essential elements of one’s Federal or Postal job.

Consult with a Federal Disability Retirement Attorney to discuss the possibility of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, and see whether or not “trouble” does not necessarily have to entail “life”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: From Words to Actions

It is the step which faces the chasm; the human will is a peculiar and mysterious entity; from thought comes actions, but it is that step which is the deep mystery that often cannot be overcome.

We all know “talkers” — those who, though mired in the plenitude of words spoken, never get beyond that.  Are they sincere?  Perhaps.  Some people do speak with the good intentions of following through with actions, but after a repetition of patterns shown where no follow-through is established, people tend to treat such people with dismissive irrelevance or, worse, with open scorn.

Words are meant to lead to actions; when they fail to, we tend to ascribe underlying motives which can never to fully established: “He lied”; “He just didn’t have the time”; “She meant to, but just forgot”; “Oh, you know how she is”, etc.  How actions follow through; what the thought processes are; how the inner sanctum of fear and loathing come into play; these are all the wheels of mystery that turn upon the human mind.

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 words, “I have a medical condition”, may then necessitate the actions of, “I must file for Federal Disability Retirement benefits”.

The words are always there; the actions that next need to follow should likely involve picking up the telephone and consulting with an attorney who specializes in FERS Disability Retirement Law.  Then, let the attorney take the next steps; for, upon such a consultation with a legal expert, the words will then flow from “mere words” to actions that actually accomplish the deed.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employment Medical Retirement Benefits: Answering

There are a wide-ranging set of rules when answering — whether to a question, a query or the need to rebut a determination of some sort.  Etiquette often plays a large part in social situations; or of common conventions and unspoken rules of interpersonal interactions.  Different situations call for tailored responses, and often we confuse one sphere of responsive need with another. “Do I owe an explanation” often depends upon the circumstances — the status between the query and the deposed; the relationship fostered; whether there would be consequences in failing to provide an answer, etc.  Then, of course, there is the issue of timeliness.

For Federal employees and U.S.Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, much of filing for Federal Disability Retirement benefits is a matter of answering questions — questions posed by the U.S. Office of Personnel Management on Standard Forms 3107 and 3112.  How one answers the questions; what answers are formulated; when to file a response; where to file the response — they are all relevant in preparing an effective FERS Disability Retirement application.

Consult with a Federal Disability Retirement Attorney who specializes in Federal Employees Retirement System (FERS) Laws and set the path of “answering” not only in the right way, but in an effective manner in preparing, formulating and filing a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Systematic Preparation

Can a project be well-prepared if there is no “system” in place?  Do we trust, for example, a construction firm who goes about their business without a blueprint?  If you ask of the firm, “Well, can we see some examples?” or “Can you provide a rendition of what kind of a house you plan on building?” — what would you think if the answer came back with: “Oh, don’t worry, it will have a roof, a couple of bedrooms and a kitchen.” Is that a satisfactory answer? Or, would you want to see that a firm foundation is first built, and that a systematic methodology of preparing, then initiating the building project will proceed in accordance with a previously agreed-upon blueprint of the archetype of the product proposed?

To that end, shouldn’t you be able to speak to the lead architect, at some point, and not merely be sloughed off to salesmen, administrative support staff and other office workers who may be very helpful, but are not the ones who will “head” the project?

Similarly, if you call a law firm, shouldn’t you be speaking with the lawyer him/herself, instead of a secretary, paralegal or some other “disability specialist” whom you believe you are hiring, but you never seem to get a hold of?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a point where it/they prevent the Federal or Postal employee from performing one or more the essential elements of one’s Federal or Postal job, the necessity in filing for Federal Disability Retirement benefits is often an option which is unavoidable.  That being said, do you want to proceed down the administratively complex process of Federal Disability Retirement without a systematized methodology of preparation?

Consulting with an attorney who specializes in obtaining Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a good first step in gaining a blueprint on how to proceed; just be careful that you don’t hire a law firm that merely has all of its “underlings” do the important work of the systematic preparation, and moreover, it is important to inquire as to what kind of approach the attorney has in moving forward to win a Federal Disability Retirement benefit, for you.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Art of Expression

The title itself plays upon multiple meanings and combinations of words otherwise with connotations and implications intended within a panorama of conceptual constructs utilized in everyday discourse.

‘Art’ itself is an expression of sorts; “Expression’ is both a form of ‘Art’ and an actualization of it; and so to refer to the ‘Art of Expression’ is not merely somewhat of a redundancy, but further, a tricky combination of two entirely separable concepts, independent and yet expressing [sic] a specific duality of meanings.  Expression, whether of the verbal sort or, as in this instance, of the written variety, is indeed a form of art.  It is so by default.  Not being a discipline of precision; not anywhere near a science of any sort; not an academic major or even a subject that can ever be fully mastered; it is, nevertheless, an art form that thrives or places an indelible blemish upon the language of one’s upbringing.

Good writing, concise discourse, proper grammatical usage and persuasive argumentation in delineating a perspective and point of view continues and remains an art form that is lost in the daily plethora of linguistic garbage.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition requires the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, to ponder preparing an effective Federal Disability Retirement application, consideration must ultimately be given to the art of expression when formulating the answers to SF 3112A, Applicant’s Statement of Disability.

In preparing, formulating and putting the final edits and touches upon one’s Statement of Disability, the Art of Expression must be considered:  Does it adequately describe your medical conditions and the symptoms experienced?  Do the legal arguments persuade?  Does the medical documentation support the statements put forth?  Does the statement paint a picture of coherence within a universe of incoherence engendered by the medical condition itself?  Is the nexus sufficiently created between the medical condition and the positional duties?  Has one applied the principles of Henderson v. OPM, the Bruner Presumption, the Simpkins application, the Bracey Principles and multiple other legal underpinnings?

The Art of Expression is the capacity to pull together the vast compendium of expressive resources available, and the first step in reaching that goal is to consult with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: House versus home

What is it about terms that possess those subtle distinctions that evoke emotions that can be differentiated between “objective” and “subjective”, or distant versus close, impersonal as opposed to affectionate?  Advertisers, of course, play upon such words, and pollsters apply research results as to the emotional input received by throwing in certain words, terms, concepts and voice inflections as opposed to others.

Thus, a “house” is some impersonal structure that may or may not be occupied; whereas, a “home” is where one’s memory resides, of warmth and gaiety, cookies fresh out of the oven and a swift kiss on the forehead when a boo-boo occurred that brought tears to the little child’s rosy cheeks.

“Friends” are reserved for the special smile that knows the secret; an “acquaintance” is still the arms-length feeling of perhaps, but not just yet and maybe; and the tear that is shed in the quietude of a theater’s relative darkness is the one that is let loose when amongst those who are close and secure; but the house that sits beyond can never be the home that warms one’s memories unless the childhood memory runs through the kitchen where aromas of love and cookies can embrace the hurts that were left behind long ago.

What words we use; the emotions which accompany the choice of our language games; and the vehicles of communication that leave hollow the empty vessels within out hearts; these are the breadcrumbs that fall to the wayside and leave us empty within the souls of our being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the feeling that one’s Agency or the Postal facility one works at has suddenly become a “house” versus a “home” is a natural one.

No longer are you the valued employee, but just “that one” who takes too much sick leave or LWOP; you are not the golden boy or girl who did a great job last year, but the one who is placing a burden on other workers because you have been absent; and while your performance reviews remain as they were, it is only because apathy continues to prevail, not because anyone has actually noticed how you are struggling despite your medical conditions.

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, may be the only option left, in order to return to one’s home, as opposed to the house that is visited and has become empty of any feelings or fond memories of childhood dances through the empty halls of a soul that is left hollow by the cruelty of those about and around.

Sincerely,

Robert R. McGill, Esquire 
OPM Medical Disability Retirement Attorney

   

Federal Disability Retirement Representation: Last stands

Of course, the one that always pops up in one’s mind is the most ignoble of them all, with the image from the movies depicted over and over: Of a blond-haired, straggly and wild-eyed man with a mustache of extravagant vintage taking a desperate last stand against the charging Indians.  Custer’s last stand somehow reverberates throughout the mythology of the American West, even though folly is mistakenly replaced by some view of courage or other laudable character traits.

It is the last stand of American Lore; but there are many others besides, some known, most in the private worlds that never become public.  We all have them; the proverbial line in the sand, the wall against which our backs are blocked, or perhaps the final straw that breaks the camel’s back.

When Federal Agencies propose a removal of a Federal employee, it is the “last stand” both for the Federal agency as well as for the Federal employee.  Or, is it the “last straw”?  Is there a difference between the two?  The latter, of course, constitutes the final act by one or the other individual or entity, and represents a reflection of having no other alternative, no room for compromise and left with no other choice.  But that also describes the former, to the extent that it reflects a situation that allows for no further room but to remain resolved in whatever hill of pride or fortitude one must consecrate the grounds with.

Last stands, however, need not result in the consequences that Custer’s famous one represents.  It need not be the final arbiter of a life well lived, and still to be lived.  Yet, 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 job, often look upon his or her medical condition as a “last stand” of sorts – one that ends one’s career and, in some mindsets, the very life that one is gifted with.

But keeping a balanced and proper perspective is important in all matters (though, for Custer as he realized that he had been boxed into a valley where there was no escape, perhaps there was no such thing as a “balanced perspective”), and the Federal or Postal employee finding him or herself in the “last stand” position of no longer being able to perform all of the essential elements of one’s job, is still left with some alternatives – one being, filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

It is an option that should be seriously considered, for having the benefit of a Federal Disability Retirement allows for a second career in the private sector or public state or local government, and allows the Federal or Postal employee to continue in another vocation or career, thus avoiding the disastrous consequences that have been historically annotated by Custer’s last stand.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Analogies

It is the greater concept often developed through metaphors and similes; but to the extent they are now of use depends largely upon the shared cultural context within which we live.  If Classical literature is no longer the common thread of meaningful discourse, can references to them in creating analogies work?  To share that a person’s tragedy is more Shakespeare than Milton, or that the individual’s circumstances remind one more akin to The Road to Wigan Pier than Brideshead Revisited, can such conversations take on a relevant pathway if the intellectual divide fails to be crossed?

You can, of course, always Google and quickly get the quick rundown of the literary reference through electronic Spark Notes, or some other venue of shortcutting the arduous endeavor reserved in former times; but even that may reveal an inadequacy that cannot be overcome.  For, of what part of the book or author is being referred to?  Is it any particular play or poem, or the entirety of the work itself?  Is it any specific character or scene?

Some philosophers have posited that, by and large, we comprehend and make sense of the objective world through the use of analogies, built upon by metaphors and similes; for, language itself is a conglomerate of such literary devices.  To face the universe purely for survival’s sake is to forego the need for imposing the ordering through language; animals do not require it, but in the most rudimentary of mechanisms that advance warning signs and preemptive communications; it is only in the arena of human constructs where categorical imperatives need to be assigned in order to filter the world into more palatable and circumscribed entities for processing the complexities we have created.

Analogies thus communicate through the medium of shared conceptual constructs, where we draw in the recipient and spectator, the audience of our targeted comparisons, by relating a shared, known and familiar encapsulation of linguistic constructs.  It is only when the strangeness of the metaphor, the unfamiliarity of the reference, creates further puzzlement and loss of connection, that problems occur and relationships become fissures of language games gone awry.

For Federal employees and U.S. 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 positional duties, the applicability of providing a foundational construct of relating one’s story to an “administrative specialist” at the U.S. Office of Personnel Management will often involve – and require – analogies by default.

Use them sparingly; utilize discretion; and, in writing up one’s narrative in response to the questions posed on SF 3112A (Applicant’s Statement of Disability), remember that this is not the time, the context or the best place to try out radical, untested metaphors, similes or analogies.

Thus, while those who have read Orwell’s work, The Road to Wigan Pier, as well as Waugh’s Brideshead Revisited, may find a clever and appropriate place in one’s Applicant’s Statement of Disability to make some brilliant literary reference, it may be more prudent to stick to the medical facts and incorporate those supportive documents in dealing with analogies of life, health, and the nexus between the latter and one’s Federal or Postal job duties.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Fated Lives Intersecting

To state that, because something has happened, it was fated to happen, is to merely confess a tautology of meaningless repetition; and so there must be more to it than what the words themselves seem to logically undermine.  Thus, when Cassius lamented to Brutus that men at times “are master of their fates; the fault, dear Brutus, is not in our stars, but in ourselves, that we are underlings,” he was referring to the clash between human will and the predetermination of events already set, and despite our best efforts, our condemnation by force of will, it is our own pathos that evinces tragedy.

From Classical Greek mythologies to Heraclitus and beyond, the one constant throughout is that, like the river which ever flows and shifts to erode the currency in time, there is little that we can do to forego the fated intersection of lives.

The people we sit beside in school, whether we reach out to make friends or ignore in silent disdain; the lives we impact, whether by choice or by unintended disregard; it is because we cannot live in seclusion and the profound truism of John Donne’s poetry that, indeed, the bell tolls not for everyone else, but specifically for each person, that hamlets and hermitages abound in defiance of fated encounters.

That loneliness and sense of abandonment by all around, is never more powerful than when a person is beset with a medical condition, and suddenly it is as if one is either a martyr or a person shunned for contracting leprosy; either way, the doom of fate and the promising stars have banished any history of meaningful contributions previously attributable.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal position or Postal craft, the sense that the Federal agency or the U.S. Postal Service will not be supportive of a filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is not just a mere chimera based upon unfounded psychosis; it is, instead, a very real dilemma.

And that is where fate, will and intersecting lives must be deliberatively evaluated and carefully analyzed; for, who is informed, at what point, and when to speak words of intended acts, may govern the future course of an Agency’s reactive motive.  For, the Federal employee or U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, the time has clearly come when one may well believe that fated lives intersecting must be viewed not merely as a tautology of inane beliefs, but where careful scrutiny must be engaged in so that the stars do not interfere in the playful laughter of gods and karma, in the effective preparation, formulating and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire