Attorney Representation for OPM Disability Claims: The futile treadmill

If an alien from another universe came to visit the world of Humans and somehow landed within sight of a gym or some semblance of a physical fitness facility, and remained invisible to the watchful eye, the single contraption that would puzzle and befuddle would be the treadmill.

For, ambulation upon the mechanical device would surely be observed; and upon a certain amount of time, the alien visitor would reflect that the person who remained upon the contraption would suddenly depart and actually go from Point A to Destination B, and so the puzzling conundrum of query might be: What in the world (or universe) was this person doing walking upon a revolving platform without going anywhere, then leaving it behind to then go somewhere?

All geared up with wires and headphones, with digital monitors that made beeping noises and flashing signals — but going nowhere; whereas the alien, who is dependent upon sophisticated time-warp technology in travel and transport, would consider the exertion of physical ambulation to be a primitive form of an inconvenience to reach a destination point, but would be quite enthralled by this act of futility upon a treadmill.

It is, indeed, an absurdity when one pauses and reflects: of a contraption that moves as if one is traveling, but without an individual who has any intent of reaching any particular destination point.  Or, what if the alien visitor were to view a randomly selected community from above — comfortably watching from its invisible spaceship hovering with telescopic devices — and sees the hundreds, nay, thousands of joggers and runners who begin from destination Point-A and…returns to destination Point-A.  Would that not similarly confound, confuse and befuddle?

From the perspective of the outsider, the futile treadmill has no purpose, no rationale, and certainly no cogent explanation that would account for the manner in which many of the human species behave.

For Federal employees and U.S. Postal workers who are on a similarly futile treadmill — that of attempting to continue to work despite having a medical condition that tells you otherwise — it may be time to begin contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Federal Disability Retirement is precisely that benefit that is meant to get you off of the futile treadmill, and to begin to allow you to secure your future, as well as focus upon your health.  Getting off of the futile treadmill is the difficult part — of your dedication to your work and career; of the comfortable salary or wage that is being earned; and of the sense that, so long as you remain on the treadmill, somehow it will get you somewhere beyond the point of your medical condition.

Sometimes, however, the alien’s perspective is the more objective one, and remaining on the futile treadmill will continue to go nowhere or, worse, it may speed up and knock you off of the treadmill itself; then, what will you be left with?

Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a daunting bureaucratic process, and the time is likely ripe to begin it now by consulting with a seasoned attorney specializing in Federal Disability Retirement law, lest the futile treadmill begins to leave you behind.


Robert R. McGill, Esquire


Medical Retirement for Federal Employees: Perspectives, now and then

We all have them; and, like opinions and other discarded detritus unworthy of further consideration, we can replace them with others.  It is what Plato warned against in his allegorical narrative about the shadows against the Cave walls, and how the true form of reality was presented only after we were unshackled from our lying eyes.

Perspective, now and then, or “now” as opposed to “then”, can change.  It is the “now and then” and how you interpret that dependent clause that often matters.  Is it something that comes along once in a blue moon, or a changed, modified and altered perspective that differs now, as opposed to that obscure “then” – perhaps in youth, in early adulthood or in middle age?  When does a perspective remain constant, wise, worthy and consistent with reality such that we can grasp a hold of “it” and never let go? Or, are perspectives changeable, mutable, subject to reality’s compelling of alteration based upon the fluid circumstances of life’s misgivings?

In law school, there is the classic lesson taught in Criminal Law 101, where the professor has two actors come into the class all of a sudden, struggle, argue, then a loud “bang” is sounded, and one of them runs and the other falls dead.  Then, the students are asked to write down what they saw.  The notoriety of eye-witness accounts being so unreliable is quickly shown by the disparities revealed.

Nowadays, of course, with body cameras and video mechanisms running nonstop , we are subjected to a replay of scene after scene, and perspectives can change – except, of course, as to camera angle; what is actually seen no matter the constant replay; and of when the “record” button was pushed and how much contextual evidence had been left out before, or sometimes even after.

Medical conditions, too, alter perspectives.  Sometimes, when “subjective” medical conditions such as chronic pain or psychiatric conditions of depression and anxiety are never noticed until the severity became too great to bear, the other side of the perspective has to do with believability and veracity of acceptance.

Remember that there is always a difference between having a medical condition, and proving it.  That is why in preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the Federal or Postal employee must take into account the differing perspectives, now and then (in whichever form and whatever context) of your medical condition, how others see it, how it is proven, how your agency or the Postal facility views it all – in other words, perspectives far, wide, now and then, in preparing an effective Federal Disability Retirement application.


Robert R. McGill, Esquire


Medical Separation & Retirement from Federal Employment: Existence preceding essence

Once, in the vaunted Age of Reason, when Western Philosophy reached its pinnacle as the conduit of all knowledge, wisdom and human achievement; and when other disciplines fell under the umbrella and aegis of the methodological sanctity of its pursuit; then, it was determined that time was merely a linear ladder to climb, and all knowledge would be captured like the essence of heightened fragrances in a bottle of perfume, ever sweet smelling and able to conceal the undercurrent of stench.  But then came disenchantment, pestilence, wars and human cruelty — just the regularity in the rhythm of man; you know, those things that are inevitable.

It was thought that the “philosophical approach” begun by Plato and Aristotle would garner the collective wisdom necessary to construct the artifice of a just society.  What we forgot, however, is that “man is man”, and can predictably be counted upon to do those things he has always done:  take advantage; say things he didn’t mean; engage in the cruelest of activities, but describe it as that which is not; and as despotism and totalitarianism grew exponentially in ever efficient machines of death, the culmination of the ashes of human essence resulted in World War II, the death camps and the mass extermination of targeted populations.

The search for the essence of man and other entities effectively ceased, because — while the human species was recognized to have certain tendencies — it became clear that he “made it up as he went along”.  Thus, the thinking went, why not just admit it, submit to it, no longer resist it, and let it just “all hang out”.  Modernity is the just reward for the abandonment of reason; beware of what you ask for, as it may well be gotten.  And so the popularized banner of Existentialism was born — from the ashes rose the proverbial Phoenix, and no longer did we strive to attain the “essence” of human quality, but submitted to the idea that we first come to exist, and each day create our own essence.

Thus the popularized version:  Existence preceding essence.  And we see the evidence of such truth all around us.

For Federal employees and U.S. Postal workers who suffer the brunt of daily turmoil because of a medical condition, such that the medical condition no longer allows him or her to perform all of the essential (there is the form of that word again) elements of the Federal or Postal positional duties, the idea that human cruelty and consequential suffering is a normative standard, is really nothing new under the sun.

Meursault, in Camus’ major work, The Stranger, also saw the disconnect between man’s claim to compassion and humanity, and the actual state of being.

Federal employees and U.S. Postal workers who suffer from a medical condition and who find that the Federal Agency or U.S. Postal Service will fail them in every way, including the artificial attempts at “accommodation”, need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.  For, there is ultimately life beyond the Federal Agency and the U.S. Postal Service — and one in which you may actually be able to create a “new essence” of yourself, beyond the mere existence presently lived in within the bureaucratic morass of your Federal Agency or the U.S. Postal Service.


Robert R. McGill, Esquire


Disability Retirement from Federal Employment: The Methodological Approach

Many call in a frenzy of confusion, admitting openly of being lost and not knowing where to begin.  That is always the starting point, as even Socrates conceded — of the hope of knowledge beginning upon a recognition of not knowing (though, if one looked carefully and scrutinized the face and eyes of the old sage, one probably gleaned a twinkle of sly naughtiness).

Philosophy began in ignorance, and from there, attempted to ascertain a methodology of approaching problems in a systematic way, in order to overcome the shortcomings of man’s frenetic inclinations.  Identifying and ascertaining a knowledge of a criteria, a system of approaching problems, and an applied methodology of solving, is the preferable way than that of plugging holes where leaks appear.

Thus, for Federal employees and U.S. Postal workers who need 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, it is often necessary to formulate a sequential strategy at the outset, before embarking upon the dark abyss of preparing, formulating and filing for OPM Federal Disability Retirement benefits.

Should certain information be gathered prior to completing the standard forms?  Yes.  What forms are “central” to a Federal Disability Retirement application?  Certainly, all of them, but if timeliness is an issue and the 1-year Statute of Limitations is suddenly upon the Federal or Postal employee attempting to file, then the SF 3107, Application for Immediate Retirement, including Schedules A, B & C, as well as SF 3112A, Applicant’s Statement of Disability, must all concurrently be prepared for immediate submission.

Identification of the essential as opposed to the bifurcated peripheral must be realized; compilation of the proper information, and the laws governing supplementing a Federal Disability Retirement application is essential for a successful outcome.

In the end, as it turns out, Socrates knew much more than he revealed; but the sly sage was wise enough not to engage in the solipsism of later years, like Descartes and the French Existentialists, and by recognizing that lack of knowledge and the admission of such vacuity is the first step towards wisdom, he was able to initiate the prefatory questions in the quest for knowledge in a world devoid of both.


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.


Robert R. McGill, Esquire


FERS & CSRS Medical Retirement: The Question of Worth

Whether animals consider the question or not, they certainly make judgments based upon prudence, calculation and quantification of effort involved; but perhaps not in some conceptually systematic approach.  “Worth” can involve multiple meanings: of time expended; monetized value; quality; but always involving the evaluative process of comparative analysis.

It is this latter process which is important for the Federal employee and the U.S. Postal worker in determining whether to proceed with preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset. The comparison may be on different levels, and pitted against and between various elements: priority of values (health versus continuation and persistence in present circumstances); current financial condition in contrast to future reduced benefits; the penalties imposed by taking an early retirement as opposed to a Federal Disability Retirement; the length of the process in contrast to one’s age and cost of hiring an attorney; and many such similar factors to be analyzed.

Perhaps the only comparative analysis which need not be engaged is the one which the Agency implicitly compels: The worth of self, derived from the manner in which the agency or the U.S. Postal Service treats the Federal or Postal employee once it becomes evident that the Federal or Postal employee has a medical condition such that it prevents him or her from performing one or more of the essential elements of one’s job, and thereby consideration must be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Other animals never ask that question of self-worth, as survival and Darwinian principles prevail and overtake the inherently nonsensical nature of such a question; it is only the human being who ever questions the worth of self, and only within the greater context of a society which places a premium upon questions unworthy of consideration.


Robert R. McGill, Esquire


OPM Medical Retirement: The Deeper Recesses of Unwanted Caricatures

Caricatures often depict an exaggerated degree of undesirable characteristics, whether for comic effect or sleaze of meanness.  The totality of the person or entity described is rarely the reality of the grotesque aggregate of the negative characteristics, but one can still see the relative truth of validation in the aspects shown.

Such caricatures, too, can be either internal or external; the latter being the depiction from the perspective of someone “other”; the former comprised of the totality of one’s self-image, how one projects from the perspective of the other, and the reflective thoughts of one’s self.  When others describe one in caricature form, you may laugh, but inwardly shy with horror and fright; and in the deeper recesses of one’s privacy, the truth and impact of such unwanted caricatures may pull one into a psychological chasm of despair.

Medical conditions, especially, can exacerbate an already-existent fear and loathing, precisely because they attack and undermine those areas of the physical, emotional and psychological vulnerabilities most open and revealing.

For the Federal employee and the U.S. Postal worker who becomes impacted by a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the unwanted caricatures which frighten and demean are often twofold:  Loss of productivity (resulting in reduction of income), and devaluing of self-worth, both in the eyes of coworkers as well as from the deeper recesses of one’s own perspective.

Filing for Federal Disability Retirement may not seem like the perfect solution in dealing with a medical condition, but as this is not an infallible universe, so we must accept the imperfections offered.

The generous parameters promulgated within the legal regulations of obtaining a Federal Disability Retirement, allows for the Federal and Postal worker to entertain a second vocation or career beyond the Federal Disability Retirement annuity (one may earn income in the private sector, up to 80% of what one’s former Federal or Postal salary was, in addition to the Federal Disability Retirement annuity).  More importantly, it allows for the Federal or Postal worker to first and foremost focus upon attending to the medical condition itself, while receiving a base annuity during the crisis point in determining the course of future actions.

Unfortunately, what often holds us back in securing one’s future is not the actual realities of an imperfect universe, but rather, the deeper recesses of one’s perfect world, as depicted in an unrealistic caricature within one’s own imagination, precluding progress where pantomimes may perform.


Robert R. McGill, Esquire