FERS Medical Benefits: Avoiding Bumps and Potholes

Can one tell the difference between the two?  Perhaps if you concentrate upon the jarring experience — of the sudden rise and fall, however short in the millisecond of time when the bump is encountered where the vehicle is lifted up and suddenly jolted with a sudden crash, as distinct from the unanticipated crunch of a pothole and the jarring rise when the tire groans and the shock absorbers tremble at the strain of calamity; and then the sigh of relief that the vehicle survived the impact.

Potholes go down and up; bumps go up and down; and in the split second when either are encountered, the difference felt is minuscule and essentially irrelevant, inasmuch as the concern is not as to the “type” of calamity encountered, but the consequences of that encounter.  And that is true of most difficulties involved — our interest lies not upon the initiating sequelae, but upon the problem itself, in order to attend to correcting, fixing, resolving, etc.  In other words, whether a bump or a pothole, we have to make sure that the damage done is repaired.

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 “repair” is in the application for Federal Disability Retirement, and the “pothole” or “bump” is in the manner in which the Federal Disability Retirement application is prepared.

Whether at the initial stage of preparing and formulating one’s case, or at the denial/reconsideration or the MSPB stage, it is important to avoid the bumps and potholes by consulting with a lawyer who specializes in FERS Disability Retirement Law.

Call and consult with an attorney who specializes in Federal Disability Retirement Law today, if only to avoid the bumps and potholes of a complex bureaucratic morass through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Hovering nostalgia

The image connotes a sense of lightness of being; for, to “hover” is to have that levitation of weightlessness, and it is in the moment of nostalgic interlude that we experience the concurrent sensation of becoming lost in the memories of forsaken pasts.

Nostalgia is to Man what icing is to a cake; without it, we live in the reality of dreaded days where the future is merely a repetition of Sisyphus’ burden and the past cannot be recovered because of regrets and forlorn slumber of forgotten days; and like the icing that failed to sweeten the crestfallen cake, so we hover over nostalgia because we need to cling to the past.

Hovering nostalgia is what we do when we recall the days of youth when worries were still for tomorrow, when the future seemed limitless and a time for anticipated conquests without fear or trepidation; and yesterday was too near to consider in the face of youth’s folly.  Was there such a time of innocence when troubles were without regret?  Was I once a young man of character where the future was yet bright and without fault?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition demands a change of career, it might well be that the hovering nostalgia of a time past and a future uncertain makes one pause and wonder; but the plain reality is that we must be able to adapt to the changes that unexpectedly come, and face the starkness of our present condition.

Federal Disability Retirement is a complex administrative process; to maneuver through the bureaucratic morass without the advice of counsel may be possible, but perhaps unwise.  There are multiple pitfalls and potential legal obstacles at every turn; and while the world of yesterday may engender hovering nostalgia for a time where filing for Federal Disability Retirement benefits did not have to be considered, it is the reality of the “now” which must be dealt with.

For the Federal or Postal employee who must consider the stark choice of FERS Disability Retirement, gaining access to a trove of legal experience should be the first move in proceeding with Federal OPM Disability Retirement, lest the hovering nostalgia of forsaken memories creates a further obstacle unanticipated.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Federal Workers with Disabilities: Progress

Whether as a noun or a verb, the definition remains a mirror-image of one another.  Moreover, it is the implication that always makes one pause — of a juggernaut forward, always advancing, and where societal norms and interpretations forever seem to cast a judgment upon the lack thereof.

In other societies, the status quo or clinging on to traditions, what has “always been”, or even just to maintain a semblance of what was done yesterday, is enough and sufficient for contentment and happiness.  Here, in modernity, “progress” is always about the new, the innovative, and yesterday’s accolades are merely today’s lesser applause.

Progress as a noun indicates a noticeable jump in comparison to today, and a quantum leap by standards of yesterday; and as a verb, it is the action of always advancing, like an army that never sleeps and a navy whose ships never cease amidst the waves of twilight engines churning ever forward.  Are we never allowed to rest for a moment?  Do vacations count, or naps to refresh and recollect our thoughts?

Modern life is always seemingly one of movement with never an allowance for reflection as to whether the direction we are moving towards is the right one, leaving aside whether we even desire to be drawn within the compass of spectrums undecided.

And what about a medical condition — when it develops, arises and begins to impede, do we look upon it merely as a nuisance as opposed to a priority, and is it because it blocks this pathway of the mythology that “progress” must always be maintained?  Do others see it as an impediment, as well, where “slowing down” the team means that you must be sacrificed and cast aside, left behind like so much human detritus no longer of value or worth?

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 and position, it is often this ingrained sense of “progress” (or lack thereof) that begins to insidiously overwhelm.  For, we in the West have a warped sense of time, value, priorities and perspectives when it comes to what constitutes and reflects progress.

Preparing a Federal Disability Retirement can be viewed as a form of “progress”, if only because it allows for a different turn, another option and a perspective taken in another form of what it means to “progress” (emphasis on the last syllable).

Sometimes in life, one’s priorities have to be evaluated and reconstituted; just “moving forward” is not necessarily progress for everyone at all times, and preparing, formulating and filing an effective Federal Disability Retirement application when everyone else seems to be leaving you behind may merely indicate progress away from the pack of lies that you have been fed throughout your life, that mere movement means that you are going anywhere, and the needle of the compass tells of which direction.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Information: Action after words

Does the failure of an action to succeed a string of words make it automatically into a lie, or can it merely indicate a delay between thought and action, spoken words and action, or misinterpretation of words followed by non-action?  Are there phrases and afterthoughts that undermine and negate the initial statement of promised and anticipated actions, such that they “justify” the non-action?

For example, if a person says to another, “I will meet you at X restaurant at noon tomorrow,” but upon showing up at the place, the other person never appears; later, you bump into that same person and inquire about his non-appearance, and he states, “Oh, I became too busy and couldn’t come.”  Does that succeeding statement negate the previous statement; does it “explain” it; does it “supersede” it; or was it merely a statement that tells you that the person making it is rude, a bore, and someone to henceforth be suspicious of and mistrusting towards?

What if the same person had said some other things, like: “I thought better of it” or “I decided that I didn’t want to go out to lunch with you”.  As to the former, one might conclude that the person was somewhat odd; as to the latter, that he or she was unfriendly and did not deserve further consideration.  But what of the following statement: “I am so sorry. My mother was taken to the hospital suddenly and I completely forgot!  Please accept my sincere apologies!”  This last admission, of course, is the one that “justifies” the breaking of the prior commitment, and can be seen as the one where “forgiveness” and further consideration is accorded.

In every case, the action which follows after words determines the future course of how we view the person who spoke the words; yet, context and content do matter.

Take for example another scenario, where the person says, “I may be at X restaurant at noon tomorrow, or I may not.”  You show up at the place at noon and the person who made the statement does not show up.  Later, when you “bump into” the person, you say, “Why didn’t you show up at X restaurant,” and the person responds with, “Oh, as I said, I might have, but decided not to.”  Was there a broken promise?  Did the actions performed fail to “meet” with the words previously spoken?  No, and not only that – one could even argue that the person was quite true to his “word”.

For Federal employees and U.S. Postal workers who are considering 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, the connection between “action” after “words” is always an important consideration to take into account, for there will be many steps through the administrative process where compatibility between the two will have to take place.

Will your doctor support your Federal Disability Retirement case when the “crunch time” arrives?  (The doctor will need to).  Will your Human Resource personnel do as they say? (Likely not).  Will your supervisor timely complete the SF 3112B? (Hmmm…).  Will OPM “act upon” the Federal Disability Retirement application after “saying” that they will? (Again, hmmmm…..).

Action after words – the foundation of sincerity.

Sincerely,

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.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The Negative Interest Rate

In periods of economic stagnation, where mass hoarding by depositors results in a slow-down of commercial activity, rising unemployment and deflationary returns on value-for purchase in all sectors, the idea that depositors must not only deposit, but further, pay regularly to keep their money with the bank, would at first glimpse appear counterintuitive.

Perhaps that was initially the brain-child of some half-crazed Economist — that one with the frizzy hair appearing on Sunday Shows who had won the Nobel Prize for Economics many decades ago because no one quite understood what he was talking about, and believed that such insanity was either too brilliant to bypass or, more likely, to fail to appear as if one understood it would be to reveal one’s own ignorance and mediocrity (remember Schopenhauer’s adage:  “Talent hits a target no one else can hit, while genius hits a target no one else can see”).  And so it goes.

The problem with unworkable theoretical constructs, however, is that the rest of us have to live with the consequences.  In reality, the concept of “negative interest rate” is one which most people have to live with, anyway.  For Federal employees and U.S. Postal workers, this is a daily occurrence — especially for those who have a medical condition, such that the medical condition impacts the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties.

For, like the concept of the negative rate of return, the Federal and Postal worker must not only go to work, but continue to pay for it with their deteriorating health.  Additionally, the increasing harassment, adverse actions and diminishing joy in working with hostile coworkers, managers and supervisors, must be borne with a smile and silent acquiescence, as if the feudal backdrops of self-flagellation must be enjoyed within the caverns of psychosis in suffering.

The negative interest rate for Federal and Postal employees is thus nothing new; it is a theoretical model for all Federal and Postal employees who suffer under the suffocating malaise of a deteriorating medical condition.  The real question is:  At what rate of negative returns does the Federal or Postal employee withdraw the deposit?  For, in pursuing this analogy, it is precisely that critical point where money-kept and money-lost reach a pinnacle of insufferable choices, when the Federal or Postal employee with a medical condition must consider 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.

For, when the interest charged begins to eat away at the very principal which is invested, and the rate of return negates the benefit of remaining, then it is indeed time to withdraw the deposit, and begin to prepare, formulate and file for Federal Disability Retirement benefits through OPM, lest the negative interest rate which once, long ago, began as a theoretical construct in the basement of a mad economist, but which now pervades the ivory towers of polite academia with echoes of reverberating laughter once resounding from the insane asylum next door, begins to infect the four corners of a civilization which has lost its way.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Uncharacteristic Behavior

It is the clash between an expectation and the actualization of an encounter, which determines one’s perspective of self-fulfillment of a belief, or a resulting dismay from failure of verifying the basis of a paradigm.  Characteristic behavior is thus that type of human encounter which meets with, or exceeds, one’s predetermined paradigm of what one has already believed to be so; to act out of that previously considered belief system, by definition makes it fall outside of the realm of such expectation.

For the Federal employee and the U.S. Postal worker, the bureaucratic complexity of the entire administrative process of preparing, formulating and 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 normally not a surprise, and meets with or even exceeds, the expectation of an already-formed paradigm of what constitutes the “characteristic behavior” of the system as a whole.

It is the anomaly of the century when efficiency, helpfulness and pleasantries prevail throughout the process of filing for Federal Disability Retirement benefits, where one hears with surprise and shock that it was “uncharacteristic”.  Sadly, that tells us something.  While somewhat unfortunate, we must always remember that the road of every bureaucratic process is paved with personalities of every type.  We tend to lump the entirety of an administrative process into a single cup and cauldron of judgment, but the reality is that there are multiple categories, just as there are different types of people throughout the universe, distinctly compartmentalized into:  helpful; friendly; efficient; nasty; backstabber; fair; unfair; loyal; unpredictable; just to name a few.

The process of filing a Federal Disability Retirement application through OPM can be a stressful one, if only because it is based upon an obvious stressor to begin with:  a medical condition which impacts one’s ability to perform one’s Federal or Postal job.  But it is not the bureaucratic process itself which adds or detracts from the inherent complexities of the process, but the behavior — characteristic or not — of those who must help along the way or hinder the necessary transition of the Federal or Postal employee, from one of active Federal or Postal employee to that of disability annuitant.

Sincerely,

Robert R. McGill, Esquire