Federal Disability Retirement Legal Assistance: Arrangements

We do it to flowers and files; to desks and decor; to books and bad hair days.  We make arrangements.  Our lives may have begun in disarray, but we have the rest of it to arrange.  In our own minds, we reposition various memories; we selectively choose which ones to tell those whom we encounter; the rest, we stash away.

Sometimes such arrangements work; at other times, they come back to haunt us.  PTSD is like that.  Depression and Anxiety, panic attacks which paralyze — they are like the poisonous snake which we thought we had securely locked away in some glass casing, but somehow it had found a way to escape.

Memories of childhood traumas; of terrible events which once happened, had imprinted an indelible memory, but which we thought we could “handle” by arrangements later in our lives.  But like flowers and files which need constant tending to; of desks and decor that require further personal touches; and books which catalogue things and lives or bad hair days requiring a long comb, the arrangements of our lives constitute a forever-struggle, especially when new challenges crop up.

For Federal employees and U.S. Postal employees who suffer from a medical condition, whether of a psychiatric nature or of a debilitating physical kind, preparing an effective Federal Disability Retirement application under the Federal Employees’ Retirement System (FERS), to be submitted to the U.S. Office of Personnel Management, may be the arrangement required in order to move to the next productive phase of your life.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin the arrangement which will allow you to focus upon the highest priority in any arrangement — your health.

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: That Fleeting Feeling

Camus thought that our lives are based upon an absurdity — Of Happiness being the constant goal, and yet of so much of the population living in abject misery.  If happiness is merely an emotion, then it is indeed a fleeting feeling which can change like the weather, like changing seasons, as the direction of the winds and what we have eaten.

He studied the Greek Classics and determined that the absurdity of the human condition had arrived at a crisis point, much to be attributed to the fact that we had lost our sense of humanity, as well as that fleeting feeling.  He was not a pure idealist; he had witnessed the cruelty of humanity during WWII; and when others were ready to “move on” as if the crisis had been resolved, he recognized early on that the crisis was just beginning.

Compassion and empathy — those human qualities which could be cultivated as unique characteristics of a species — could be nurtured.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s career as a Federal or Postal employee, the time to prepare an effective Federal Disability Retirement application under FERS may have arrived.

Do not, however, expect your agency to display those unique characteristics of compassion and empathy — or even understanding. That fleeting feeling that your agency cares — put that aside.  Instead, contact a FERS attorney who specializes in Federal Disability Retirement Law and begin the process of protecting your rights under the Federal Disability Retirement laws and regulations.

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 for Federal and Postal Employees: Stupid Mistakes

Our first reaction may be that such a phrase is in fact a tautology; for, to make a “mistake” is by definition to do something “stupid”, and so it is merely a redundancy to use and place both terms together.  But surely we can conceive of circumstances in which “making a mistake” turns out to be the very opposite of having done something “stupid”?

Perhaps some earth-shattering mistake in science resulted in a new discovery — of having made a mistake in combining two or more elements but resulting in a new, composite element beneficial to society?  Or of having made an accounting error which accrued to one’s personal financial benefit?  But even then, one may argue that the mistake itself was a stupid one; the consequences merely turned out to be beneficial, but that doesn’t necessarily impact the character of the mistake itself.

And what of follies in our youth?  Does age and greater experience, retrospectively reflecting back into the series of life’s mistakes and actions thoughtlessly taken, lead us to conclude that we have made multiple “stupid mistakes”?  What, then, constitutes a “mistake” such that it was stupid?

Often, a glimpse into what we did in the past — of having forged ahead without a plan, thoughtlessly, and without due diligence in considering all of the factors; these, and many more actions taken without an inkling of preparatory counsel, constitute what most people consider as a “stupid mistake”.

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 may be necessary to consider filing for Federal Disability Retirement benefits under FERS.  In doing so, it is necessary to have a full and comprehensive understanding of the laws which govern FERS Disability Retirement and the administrative process and procedures abounding.

Consult with a FERS Attorney who specializes in OPM Disability Retirement Law, lest you come to regret it as one more “stupid mistake” that was made — as one of many that we all make throughout our lifetimes.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The mediocre medical report

One can, of course, obtain an “excellent” medical report — i.e., one that has full, unequivocal support in providing a clear diagnosis, description of symptoms, impact upon specific job functions, etc., with an unequivocal conclusion of disability beyond the specific elements of one’s job functions, etc. — and yet get denied by the U.S. Office of Personnel Management.

On the other hand, one can submit with a Federal Disability Retirement application a “mediocre” medical report — e.g., one that is generalized and non-specific, and shows scant reference to specific job functions, and provides barely a conclusion of disability, and yet get an approval at the First Stage of a Federal Disability Retirement application.

So, one may ask, where is the consistency shown by the U.S. Office of Personnel Management?  Is it all a matter of perspective — of a crap shoot as to who reviews a Federal Disability Retirement application at OPM?  The fact is, there is no “perfect” methodology that will guarantee that a well-prepared Federal Disability Retirement application will be approved at the First Stage of the OPM Disability Retirement process.

However, there are certainly “chance-enhancers” — those preparatory actions that exponentially increase the A 5-Step Pathway to Success at each stage of a Federal Disability Retirement process — that will help to ensure that, more likely than not (sort of like the legal standard itself — of a “preponderance of the evidence” — that is applied to a Federal Disability Retirement case), your Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, will have a successful outcome with the U.S. Office of Personnel Management.

First and foremost, understand the critical structure of a Federal Disability Retirement application:  The foundation of every Federal Disability Retirement application is the medical report.  It is the foundation of a Federal Disability Retirement application (otherwise referred to as an “FDR”); from it, the legal arguments arise and the justifying Applicant’s Statement of Disability are together formulated.

Thus, just as a shaky building’s foundation will likely fail to withstand even a minor earthquake or a minimal subterranean tremor, so a mediocre medical report will often decrease the chances of a First Stage FDR approval.

Are there ways to counter such mediocrity?  Yes — by pointing out other critical elements of the case. And, of course, sometimes the choices are limited, where it is better to proceed even with a mediocre medical report than not at all, and to put the best case forward regardless of the insufficiency of a mediocre medical report.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A remnant of bygone memories

Memories are funny animals; they travel and traverse endless miles of countless eternities, over fences artificially constructed and through tunnels built within the deep caverns of one’s mind; and in the end, they represent only a slice of accuracy in the whole of what really happened.

Sometimes, even after decades of being together with a “significant other”, a remnant of bygone memories erupts.  Perhaps some scent, or something someone said, or a picture that jarred and shook one’s cobwebs from the recesses of the brain occurred without a deliberative consciousness to do so; and we say, “Oh, yes, when I was six years old, I remember…”  And a remnant of bygone memories surfaces, like a corpse buried with a tombstone long forgotten behind the churchyard overgrown with weeds, and a flood rushes in and ravages the soil by erosion of natural forces and digs up the caskets rotted by time, whispers and hidden secrets.

Were they ever forgotten, and did we simply allow them to remain in a corner of closeted images? Does a truly forgotten memory ever resurface by accident, or is it by fate, destiny, karma and coincidence that at a given place in time, we are suddenly forced to relive a time period buried deep within the unconscious triggers of a soul haunted?  Do we bury memories like we do to the dead, because to not do it would mean to allow the stench of decay to fester within the sensitivities of our inner health?

Encounters with reality and the problems of the day often provoke a remnant of bygone memories; it is, in the end, the present that we must face, within a context of past wrongs committed and previous difficulties perhaps too easily avoided, that come back to haunt us.

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 duties, a remnant of bygone memories can include serious medical conditions that trigger PTSD, depressive symptoms, anxiety and panic attacks.

Are they a valid basis for filing a Federal Disability Retirement application?  Yes.

Do they need validation from a medical doctor to affirm the foundation of a valid case?  Yes.

For, a remnant of bygone memories can impede and prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal job, and it is that medical nexus between human memory, job elements and psychiatric capacity that in the end creates the foundational paradigm of an effective Federal Disability Retirement application, based upon a remnant of bygone memories.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Disability Retirement: Language Decoupled

The correspondence theory of truth has long since been abandoned; whether by congruence or of fair representation, the classical model dating back to Plato and Aristotle has been replaced by Wittgenstein‘s description of “language games“, which really possesses no reflection upon the objective world which surrounds us “out there”.

With the advent of virtual reality; the blurred distinction between truth and falsity as merely words in play; and Bertrand Russell’s playful destruction of any such theory with the singular statement, “The King of France is bald” (where the truth or falsity of such a statement cannot be questioned, despite there being neither a King of France, nor a determinative value of validity as to his baldness).  Yet, somehow, congruence and correspondence refuses to die outright.

Truth and falsity lives on, like the last vestiges of royalty or lineage of blood, where the twilight of history raises the final flag of rebellion and resistance. Whatever the historical tenacity of such movements, language can never be decoupled from the anchor of reality.

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 the Federal or Postal job, the reality of connection between one’s medical condition and the need for an accurate description, through words, of the symptoms and diagnoses, cannot be overstated.  This is also true of preparing 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 even CSRS Offset.

Language decoupled becomes an ethereal vestige of residual meaninglessness; an accurate depiction of reality, through the strength of words and language, cannot ever be cast aside.  For, as language is the vehicle of interpretation and communication, so the abandonment of that modality would result in the destruction of human progress on a scale unimaginable within the purview of history’s epochal dawn.

For Federal employees and U.S. Postal workers who need such a vehicle in order to prepare, formulate and file an effective Federal Disability Retirement application with OPM, the very idea of language decoupled would mean the defeat of an OPM disability retirement application at the outset; for it is the very coupling of one’s medical condition to the positional duties required, which proves beyond a preponderance of the evidence that the Federal or Postal employee is eligible for Federal Disability Retirement benefits, and it is the effectiveness of language itself which is the vehicle of that successful enterprise.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The distance marker

Highways have them; sports arenas and fields are littered with their recognizable placements; and runners rely upon them.  On highways, they are often coordinated with exits upcoming, but most drivers fail to recognize their relevance, and rarely take note of them.

What most people don’t understand, comprehend, and fail to appreciate, is that their importance is not merely about the distance still left to go, but how far one has already traveled.  The former is often tied intimately to the struggles one foresees extending into the future; the latter, forgetful or forgettable, as life’s accolades are rarely declared, and seldom trumpeted.

Thus, when a career is cut short, or a change in the course of a person’s life is necessitated by unforeseen circumstances, the internal agony and angst of life is always focused upon how much further we must go, as opposed to taking a breath and appreciating what distances we have already traversed.  Perhaps that is for the best; for, if pause were to become a pattern of petulance, progress would never be permeated.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes, prevents, or otherwise interferes with the performance of the essential elements of one’s Federal or Postal positional duties in the Federal agency or the U.S. Postal Service, the thoughts are always projected towards the future, and should be, as that is a “good” thing.

Too much reflection upon past accomplishments rarely does one good; and, in any event, the Federal agency certainly doesn’t care (don’t hold your breath for an anticipated office party recognizing your accomplishments and contributions), and except for some modicum of acknowledgements in performance reviews, will not give any leeway for future considerations based upon past successes achieved.

Perhaps that is why distance markers are ignored, except by those who have a purposeful drive in reaching a designated destination.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where filing 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 or CSRS, or even CSRS Offset, becomes a necessity and a choice for the future, the distance marker to recognize is the attaining of that Disability Retirement annuity — and beyond, where life can be lived after Federal Employment.

And of the distance already traversed?  Reflection upon past successes can be the foundation for future endeavors; mark them, and even remember their placement and location; but never pause longer than half a breath, before moving on to the coordinated exit recognized as the effective preparation, formulating and filing of a Federal Disability Retirement application, lest not only the distance marker passes you by, but you miss the coordinated exit, as well.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Extending the Vibrancy of Life

Much of life is spent in avoidance and protective retreat; it is only in the ignorance of youthful exuberance that we recklessly run into the streets without looking for oncoming traffic.  Sports reflects the truth of that human essence; it is not an accident that we witness the repetitive folly of gaining an early lead, only to act in fear of losing and thereby fulfilling the prophesies of our own making.

The question, then, 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 — is it an option to remain?

If the answer to that question is an unequivocal “no”, then the two other choices harken: File for Federal Disability Retirement benefits, or wait until the agency fires you or forces you to resign.  If the latter, then the Federal or Postal employee still has up until 1 year to file for Federal Disability Retirement benefits from the date of separation, whether through termination or separation by voluntary (or “forced”) resignation.

Avoidance of the issue will not do; at some point, either the decision to move forward in life will be made by the central actor in the cast (you), or by the supporting residue surrounding the play (the Federal agency or the U.S. Postal Service).

In the end, the vibrancy of one’s life is not determined by blindness or disregard of one’s circumstances, but by recognizing the steps necessary to enliven daily value.  One’s career and the extension of worthwhile work is always important to one’s life, but when a medical condition begins to exacerbate and devalue the substantive content of one’s life, then it is time to move beyond and search for an extension of that vibrancy of life.

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 often a “first step” in achieving and resetting that youthful exuberance we once felt, but lost along the way, precisely because it allows for a base security of the foundational needs of living:  an annuity obtained, then time to recuperate from one’s medical conditions and determine a course for the future.

One need not be looking back with fear of losing the game, as the repetition of sports history will reveal; rather, the future still can hold the key to extending the vibrancy of life once grasped, but somehow lost in the morass of our busy lives.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A First for Everything

We enjoy being “first” in everything.  Whether to engage in unique and bizarre attempts to gain recognition in the Guinness Book of Records, or to compete in a sports event, or perhaps to merely collect first editions of coins, books, etc., the penchant for being identified as the star in front of the line is ingrained.  Yet, when it comes to encounters of a new kind, where the stakes are no longer merely recognition or status of record holdings, the fear, angst and trembling overwhelms.  And so it should, when expertise and esoteric knowledge provides an advantage where necessity of purpose rises to the level of need.

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 positional duties, preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is always a “first”.  For, such tenancy of priority is no longer for entertainment or stardom; rather, it is to attain a level of basic needs where peripheral concerns become a centrality of purpose.  But fear should never prevent the penchant for paving the way for priority of purposes, and angst should never replace the vibrancy of entering arenas of new knowledge and categories of unknown mysteries.

The first step is the only pathway to become first in anything, and while the Federal or Postal worker who is in need of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the first in everything, it is enough to take that first step by contacting an attorney who specializes in such “firsts”, where each first is a laid groundwork for every first in the specialized area of Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire