FERS Medical Disability Benefits: Connections

Much of them are derived by tradition.  Time was, there was never a question about it because the foundational unit of a family constituted the basis of our connections.  Transience; the ability to move to places afar; the invention of the automobile; these, and much more, brought the question of connections to the fore, to the extent that technology companies convinced everyone that “connectivity” was something needed, desired and missing.

Of course, one might argue that this country never developed any “traditions”, and that we have always been an aggregation of leftovers.  This is a country without connections.  The connections were severed through migration and immigration, and ours is a population of connection-less peoples.  So, what is the solution?  Or, is it even a problem?

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 having that close connection, anymore, to the workplace, to coworkers, to the Agency or the Postal Service itself resulting from an overwhelming sense of isolation as a consequence of the illness or disability itself — preparing an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS) through the U.S. Office of Personnel Management will fulfill two tasks: One, it will cut off the connection to your former career, and perhaps your “former self”, but in addition (and Two), it will allow for the connection to a greater priority: your health.

Connections are important; but, sometimes, to disconnect in order to make connections to greater and more important issues is a recognition which may result in the greatest of all connections: That of making the proper decision, and thereby attaining the higher connection of wisdom.

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.

 

Medical Retirement Benefits for US Government Employees: The Spiraling Life

There are spiral church towers; spiraling stair cases; spiraling lives — often, and seemingly, out of control.

Anxiety is often described as spiraling upward and out of control; depression, downward, with loss of objectivity.  “Control”, of course, is the preferred and accepted normative structure in daily living, and to be “out-of-control” means that we are unable to keep our fears in check, our anxieties within restrictive limits, and our depressive symptoms within reasonable boundaries.

The way in which we live — of the demands of work, obligations of family, the emotional baggage we carry with us from childhood onwards — contributes greatly to the manner of our lives.  The spiraling life — whether by choice or by habit — is too often the one we are left with.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition seems to be spiraling out of control, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and consider the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Proof and Knowledge

The two go hand in hand.  That, in and of itself — of “going hand in hand” — is a peculiar metaphor; for, like couples holding hands while taking a walk in the proverbial park, do hands necessarily have to be held in order for comity to be established?  Can a person, for example, have proof without knowledge or, conversely, knowledge without proof?

If a bloodied knife is picked up beside a dead body, can a person declare, “I have proof!”  Yes, but proof of what?  Perhaps that the dead person died from a knife wound; or that the owner of the weapon has etched his or her initials upon the handle of the implements, etc.  But as to “whodunit” — the weapon itself may now be the crucial piece of evidence.  But what of “knowledge”?

Again, it would be different if the same person, taking the identical hypothetical, declared: “I know who did it — that person there!”  [As the accusing individual points to a shrouded man standing afar in the crowd, hat tilted to shadow his face, hunched in an oversized raincoat and furtively attempting to disappear into the crowd].

So one now has “knowledge”, and perhaps even “proof” (i.e., fingerprints on the knife; eyewitnesses who identify the man in the raincoat as the guilty party; video of the act itself, caught by a British CCTV camera that was recording in the middle of nowhere — by the way, how in the world do the British get away with so many surveillance cameras?).

For Federal employees and U.S. Postal employees who are considering preparing and filing a Federal Disability Retirement application under FERS, remember that Proof and Knowledge must, indeed, go “hand in hand” in preparing an effective Federal Disability Retirement application.

Proof is not just one’s medical condition; it must include a showing of a verifiable deficiency and a nexus to one’s job elements; and knowledge is not just “knowing” that one is disabled — it must include meeting all of the multiple criteria of the laws governing Federal Disability Retirement.

Thus, you may already have the “proof”, but you should consult an attorney who specializes in Federal Disability Retirement Law in order to gather the “knowledge” necessary to qualify for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: Playing with words

What does it mean when a person alleges that you are “just playing with words”?  It is like the non-lawyer public who charges that a certain criminal “was gotten off on a technicality”, whereas the universe of lawyers sees that as a tautology:  Of course the person was found innocent based upon a “technicality” — for, isn’t all of law just that: a technicality?

There is, of course, some kind of implication that seeps beneath the surface of such a charge — that there is an inherent dishonesty in the manner of speaking certain words; that there is an “intended” or primary meaning of the usage of certain words, phrases or concepts, and that when they are taken out of context, seemingly used for a different, perhaps nefarious or self-interested purpose, then one is “playing with words” because dishonesty must by consensus be the condemnation of words used as toys in the hands of a thief.

What would the negation of the allegation be: of a person who declares suddenly, “You are not playing with words”?  Is that the appropriate charge when a person is blunt — like the current political arena of this new breed who says outright that which others merely reserve thoughts for in the privacy of insular lives?

Is that what diplomacy is substantively about — of “playing with words” so that double and triple meanings can be conveyed, leaving everyone paralyzed and motionless because no one knows what everyone else is thinking — at least, not in any precise manner?

Or, perhaps there is a different sense, as in: Words once upon a time held a sacred status and when we demean, abuse or misuse words in a certain way, then we can be charged with “playing with words”.

Sometimes, there are instances in which meanings are “stretched”, or when conclusions that are declared in an unequivocal manner do not coincide with the findings made or the evaluative analysis conducted, and so there is a “disconnect” between fact-finding and conclusion where a person declares unequivocally:  They are just playing with words.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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, 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 become a necessity.

In that event, recognize that the entire endeavor is a complex administrative and bureaucratic action that must engage the arena of “words” — and some of it may involve the “playing of words” in the sense that you may have to tinker with different sets of words where comfort and becoming comfortable with unfamiliar concepts and phraseology “come into play”.

When an individual — you — who suffers from a medical condition which you must then step “outside of yourself” in order to describe yourself in “objective” terms, then it can become an oddity which may seem like you are “playing of words”.  In such an event, it is often of great benefit to consult with an attorney so that the very person utilizing the vehicle of words in describing one’s self is not the same person “playing with words” as the very person who suffers from the descriptive words being played with.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.

For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct and differentiated by the increasing severity of the criteria to be applied, but in the end, the juror who goes back into the room to consider the guilt or innocence, the fault or apportioned negligence, is entirely subjective.

For, is there a clear demarcation as to what “reasonable” is?  Can one delineate what is “clear” to one and “convincing” to another?  If a witness has perfect recall and a persuasive manner of telling a “story”, if one juror blurts out, “Oh, but his eye twitched and he was clearly lying through his teeth!” – what then?  And the concept that one side has a “preponderance of the evidence”, or to put it in different but equally confusing terms like “more likely than not” or “the greater weight of truth” – what do all of these analogies and metaphors mean, in the end?

Surely, there are the “easy” cases – an entire football stadium who saw a man shoot another, and the assailant who confesses to the murder; these, we can say are “beyond a reasonable doubt”, but even then, a single juror who has a beef against societal constrains can “nullify” a verdict by holding out.  So, what is the answer (or, for some who are still confused, “what is the question”)?

For Federal employees and U.S. Postal workers who are entering the legal arena of preparing 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, the expectation, of course, is that the OPM Medical Retirement application will be approved at the first or second stages of the process – i.e., at the Initial Stage of filing a Federal Disability Retirement application with OPM, or at the “Reconsideration Stage” of the process after an initial denial.

That being said, the Federal or Postal employee must – and should – consider the Third Stage of the Federal Disability Retirement process, which involves an Administrative Judge before the U.S. Merit Systems Protection Board.  That is when the legal standard of “Preponderance of the Evidence” will ultimately become relevant and operative, and where the evidence gathered and the amalgamation of arguments proffered becomes a basis for testing the validity of legal standards and the meaningful application of the law, evidence, and statutory interpretations.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Myth of Upward Progression

We like to think that life is represented by a linear curve of upward progression; in reality, most of us reach an apex, then remain static and content in the late summer years of our lives.  There is nothing wrong with such a state of affairs; as contentment and comfort embrace a spectrum of stability, so the refusal of change and resistance to vicissitude are not indicators of laziness, as once thought in former days of youth where transition, sacrifice and relinquishment of stability were necessary for purposes of future advancement.

Most of us, within a defined minefield of progress and regress, remain within an invisible glass casing of immobility.  Perhaps there is a major financial setback in a given year; or, a promotion or cash incentive award had not been achieved; but in the year following, or the next beyond, it is attained; or an unexpected windfall allows for greater stability least anticipated and most gratifying.

In a sense, we delude ourselves.  But so long as we remain within a constancy of comfort, where an appearance of major retrogression cannot be palpably discerned, contentment prevails, and the bother of breaking new grounds, moving to a larger house, taking on greater responsibilities, adding to headaches and stresses, can be quietly forsaken, left with the self-satisfaction that quietude is a byproduct of a goal once sought for, and achieved without fanfare or celebration.  It is when the bounds of contentment are scattered, the barriers of satisfaction crumbling, when the call to action is suddenly a turmoil of exoneration, and peace as shattered glass stepped upon in bare feet of bleeding souls, that affirmative movement must then be spurred, leaving behind those spurned opportunities once thought cumbersome.

Medical conditions have a tendency to create such circumstances of unrest.  For Federal employees and U.S. Postal workers who suddenly find that the chaos of inchoate situations developing because of a chronic and progressively deteriorating medical condition impacts upon the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties, the possibility and need for 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, becomes a reality which disturbs and perturbs the quietude of living contentedly.

When a medical condition disrupts that glass bowl of satisfaction, the myth of upward progression becomes shattered, because suddenly all that one has worked to achieve may be in doubt.

Most of us are happy to just find that small oasis within the turbulent oceans of insanity we designate as “civilized society”; but for the Federal or Postal employee who must contend with a medical condition such that the medical condition threatens the very foundation of one’s hard-fought dreams and desultory circumstances, consideration needs to be given to preparing, formulating and filing for Federal Disability Retirement benefits through OPM, if only to resist the temptation that static circumstances are a foregone conclusion, or that the myth of upward progression cannot be defeated by planning for the next great adventure in this, a universe of turbulence of unexpected turmoil.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Consequence of Indecision

Why is it that some are able to make thoughtful decisions within a relatively short span of time, while others are paralyzed by indecision?  Is it purely a reflection of that — of “thoughtfulness” as opposed to lack of thought?  Or, perhaps because some have already predetermined the applicable criteria which is immediately instituted, like placing a window frame upon a hole in the wall, thereby capturing the stillness of scenery ensconced in a timeless warp of alternative displays?  Is it important to have set up a “criteria” upon which characteristic distinctions can be made, separated, identified, then dissected for evaluative reduction such that the proverbial chaff can be separated from the wheat?

Recognition that some decisions are based purely upon appetitive criteria — such as choosing a meal from a menu — as opposed to selecting a college to study at, a career to enter, a job opportunity to consider; what is the applicable criteria to help frame the issues to be questioned, inquired into, resolved?  And where do values come in — belief systems, what one holds dear, whether there are normative cultural pressures to consider, and the moral caveat which precedes the judgment of friends, family and relatives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, at what point does the Federal or Postal employee consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  is it when you finally drop dead?  Is it when you become so debilitated that you cannot make it into the office any longer?  Do you destroy your body, soul and psyche in order to prove a point of loyalty?

Fortunately, the law itself helps to frame the decision-making process.  As OPM Disability Retirement requires that certain age and time in-service criteria be met, and further, that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional duties,  some of the work necessary to “make a decision” has already been initiated in an “objective” manner.

In the end, however, even the child who first enters an ice cream shop and realizes that the world is not bifurcated into simplistic binary systems of “either-or”, but presents a multitude of endless summers of nuanced pathways to ecstatic completion, who must ultimately point to, and choose, between alternative compasses which will navigate one into the future of one’s contentedness, or dark chasms of dismay.

Sincerely,

Robert R. McGill, Esquire

Postal & Federal Disability Retirement: Ritualistic Behavior

We persuade ourselves that only children play those games; of turning suddenly left, instead of right; of pretending to be asleep, only to unexpectedly open one’s eyes to test the reality of our surroundings; and other discordant acts in an effort to defy the predetermination of fate, as if the karmic principles governing the universe are subject to the vicissitudes of private thoughts.  But the anomaly of the unexpected is that, once a pattern of disjointed behavior itself becomes a monotony of the routine, the corridors of ritualistic behavior become entrenched and often prevents one from taking steps necessary to step outside of the proverbial box.

Conventional thought processes can themselves become ritualistic; thus do we believe that by neglect or avoidance, medical conditions will just “go away”; or that the increasing hostility and initiation of adverse actions by an agency will cease if we just “ignore” them; or if we just continue maintaining a semblance of competency, the incompetents will recognize and acknowledge the superiority of motives, and desist from the constancy of interruptive actions.  Such ritualistic behavior, however, has little to no impact upon the reality of the world, no more than when the child in us attempted to defy fate and the karmic gods which rule the universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the route of exit from the madness of the universe is 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 plain fact is, no one cares for one’s health or well-being except the person who suffers from the medical condition, as well (one would hope) one’s family and spouse.

Reflection upon the priorities of life must always be reengaged; and continuing onward with vestiges of child-like ritualistic behavior, against all sanity telling us that things will not change despite our best efforts, will only prolong the agony and the angst of life’s unfairness.

Filing for Federal Disability Retirement benefits through OPM is available for those Federal or Postal employees who can no longer perform one or more of the essential elements of one’s positional duties, and while continuation with one’s agency or the U.S. Postal Service may be a laudatory goal revealing an undying sense of loyalty, it is the dying portion of our better selves which whispers the lie that ritualistic behavior can alter the course of human history within the microcosmic universe of karmic incantations.

Sincerely,

Robert R. McGill, Esquire