Federal Disability Retirement under FERS: Spectator Sports

Psychologists and commentators in general have had a field day (yes, the bad pun is intentional — but who can avoid it?) with analyzing and providing “expert” opinions on the matter, which essentially plays with (yes, yes, another bad pun) the following question: Why are people so enamored by watching others play a game?  What is it about the concept of spectator sports that draws such a crow?  What is it about being part of a “team” that results in people acting in such bizarre ways?

It is, of course, an easy transition to other areas of one’s life — from spectator sports to the political rally; of parades and cheering crows; of legions of a cheering populace gathered to welcome the Roman troops returning from battle; of D-Day and V-J Day; of the stadiums filled for the World Cup in Soccer to the excesses of the Super Bowl; of March Madness and the tradition of Friday Football (High Schools), Saturday Football (Colleges) and Sunday Pro football games; and what the Covid-19 Pandemic reflected when everyone was shut in, but with curtailed capacity to view such spectator sports.

What does it reveal about us?  Had the Romans, with their vast coliseums, already figured out the human psychology — of the need for spectator sports — in order to satisfy the blood-thirsty need of a restless populace?

For Federal employees and U.S. Postal workers who are needing to filing for Federal Disability Retirement benefits under FERS, hiring a disability attorney who specializes in Federal Medical Retirement Law is often approached as one does a spectator sport: Who has the highest winning percentage?  What Law Firm will treat me as a “team member”?  And, the flip side is also true, concerning the perspective of the Agency: “How will my ‘team’ (the Agency) treat me?” “How will my team react?”

Whether fortunate or unfortunate, the psychology of spectator sports is how everyone views things, but for the Federal or Postal employee who is ready to contact a FERS Disability Lawyer to initiate the process of OPM Disability Retirement, understand that trying to get an Federal Disability Retirement is ultimately not a spectator sport; for, it is the reality of a life endeavor, and your full participation will be needed on the “field” of the early retirement process.

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: Drifting

We all do it; or, more likely, it merely happens to us.  The importance is not so much whether we are, but whether it is towards something, or away.  If it is drifting away, without a direction towards something, then there is the danger of isolation, desolation and despair.  If it is being adrift — but with some direction and ultimately “towards” some direction or goal — then it is a positive thing, and not merely a negation and a chasm leading to nothingness.

We cannot — all of us, every waking moment and every minute of our lives — be purposeful, goal-oriented, and with certainty of hope.  If we were, we would merely be angels and divine agents, and not the fallible human beings we are meant to be.  Don’t be so hard on yourself; for, drifting is part of life’s meanderings, and there is nothing wrong with being lost every now and again, especially when such drifting may lead us to encounters more fruitful than merely existing as the busy little beavers we are always asked to be.

When drifting is a merely an interim period, a temporary state, then it is merely a “stage before” and will likely lead to something positive.

For Federal employees, of course, as well as U.S. Postal workers (both of whom fall into the category of FERS employees) who suffer from a medical condition where the medical condition leads one adrift, consider contacting a FERS Disability Attorney when you are ready, in order to guide and direct you in the right direction, in preparing, formulating and filing an effective FERS Disability Retirement application through the U.S. Office of Personnel Management under FERS.

Drifting is good; purpose is even better; and when the drifting is over, it is a good thing to redirect your goals and obtain a Federal Disability Retirement annuity in order to redirect your priorities so that your health becomes the end-goal in the drifting period of your life.

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.

 

Federal Employees Retirement System (FERS) Disability Retirement: Unique Problems

Every individual is beset with unique problems; for, it follows from the details of each circumstance, the particularity of each issue and the application of specific concerns which each individual faces, etc.

Medical conditions represent unique problems; and for Federal and Postal employees who suffer from a medical problem such that the medical conditions no longer allow for the unique compatibility between the medical issue and the essential elements required of one’s Federal or Postal job — such unique circumstances will require an individualization of a specific nature in preparing an effective Federal Disability Retirement application under FERS.

By “unique”, however, does not mean “unfamiliar”.  An experienced attorney in FERS Disability Retirement Law who understands the complex issues surrounding a Federal Disability Retirement case can differentiate between irrelevant facts and issues, and the core issues which impact a Federal Disability Retirement application.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of streamlining the unique issues and circumstances relevant to your particular case.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: Anticipation

It is an exceptional inkling; a necessary premonition so helpful in multiple ways; an instinct based upon — what?  How do we anticipate?  What is it based upon?  Is it merely a characteristic which some have and others are at a disadvantage because of the lack thereof?

How is a tennis champion able to anticipate the moves of his or her opponent?  Or a football team, the plays next to be called (excepting those who have been found to cheat); a baseball team able to anticipate the pitcher’s next type of pitch (again, excepting those who have stolen the catcher’s signals given)?

Or, in a Federal Disability Retirement case, how does one anticipate the arguments which will be made by the U.S. Office of Personnel Management, and preemptively answer them with greater efficacy?

It all comes down to: Preparation.  The better tennis player watches countless hours of his or her opponent’s prior moves; the football and baseball teams study films of their opponents; the lawyer who wins against OPM takes the experience of all prior cases and preemptively argues the case on behalf of his client.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of anticipation in preparing, formulating and filing an effective Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Civilian Federal Employees: Surprises in Law

Surprise is the result of being unaware, of not anticipating a known future event, or failing to recognize the telltale signs of an impending occurrence.

In the end, it is often based upon ignorance.  The term “ignorance” is considered a pejorative term — one of judgment, lesser value and of stupidity.  Yet, the root word is “to ignore” — that is, of having the capability of knowledge but deliberative and purposefully taking steps not to acquire such knowledge or — perhaps even worse — not caring enough to learn.

Surprises in law often occur as a result of lack of preparation or failing to anticipate legal hurdles left unaddressed.

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, surprises down the turnpike of engagement with the U.S. Office of Personnel Management can become a regular and unpleasant occurrence.

Limit the surprises and contain them; preempt them; anticipate them.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and avoid the landmines of defeat by anticipating the roadblocks of surprises.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: That bright star

We remember learning about the various constellations; and, these days, we are merely one “Google-away” from identifying that morning point of light that seems to shine so bright just over the horizon, and has moved since you first noticed it the evening before. Google ruins everything.  There was a time when discussions would last long into the night because memories failed us — who was that actor in Movie-such-and-such; what was the last line in so-and-so play; and what was the name of the character in that blah-blah television series?

We no longer need to remember; poems no longer require reciting from memory; facts and dates are accessible with the click of a button; arguments and discussions no longer are required because they can all be looked up at Wikipedia.

Yet, in the objective world, or in that universe where Kant bifurcated the subjective from the inaccessible objective universe, that bright star continues to shine, and no matter what Google says or Wikipedia posits, the mystery of time, the external universe and the fact that the bright star shining may already have disappeared eons ago and the idea that what we see is merely the residual aftereffects just reaching one’s pupils within an universe that fails to betray such mysteries of eternity, we can still enjoy the quietude of a pinhole of light within the darkness that surrounds.

And then there is the singular existence of a human being staring at that bright star in the morning silence even before the first bark of the neighborhood stirring.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent one’s ability or capacity to perform one’s Federal or Postal job, it is often that “feeling” one has in staring at the bright star — alone, isolated and apart from the rest of the universe — that makes one fearful of the world beyond.

Federal Agencies and the Postal Service tend to make the Federal or Postal employee feel isolated and alone when a medical condition begins to impact one’s life.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS can seem like a lonely prospect — somewhat akin to the feeling one gets when standing outside looking at that bright star.  That is why consulting with an Attorney who Specializes in Federal OPM Disability Retirement Law is an important step in pursing the benefit of Federal Disability Retirement: To know that the bright star is there, and that we are not alone to counter the troubles of this world.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: OPM’s Methodology

There may be a single criteria to meet, with subsets of requirements that must be complied with; yet, multiple methodologies in approaching the singular.  How can that be?  Isn’t it all simple, where you read what is required, then gather up all of the evidence that appears to meet it and simply send it all in?  That is the “volume methodology”.

Can a single sentence in a medical report ever meet the legal criteria in an OPM Disability Retirement case — i.e., a “qualitative” methodology, as opposed to a quantitative one?  Sometimes.

Isn’t the law clear in what is required, and isn’t it a matter of just amassing the medical evidence to meet the requirements as stated?  Hmmm…. For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical conditions prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important to understand, somewhat, OPM’s Methodology in reviewing and deciding upon a case.

First of all, not all medical conditions are equal.  Perhaps that is self-evident, but for the Federal or Postal employee who suffers from one or another medical condition, and must endure the daily pain, restriction and limitations imposed thereby, it may not be so self-evident.

Second, OPM is not some “neutral” Federal Agency that reviews a Federal Disability Retirement application with dispassionate objectivity, ready to grant an “approval” because you “believe” your medical evidence is “sufficient” to meet the legal requirements as stated.  Sufficiency is the gatekeeper that denies many a Federal Disability Retirement case — and it is not a methodology that is satisfied by quantitative (volume) means, not even necessarily by qualitative standards; rather, it is the reviewer (i.e., the “Medical Specialist” at OPM) who determines by some unknown and unknowable standard when the goal-post has been crossed.

Thus, in an OPM Disability Denial Letter, one may read a reference to one’s doctor’s note or a quotation from a medical report from one’s doctor, and think, “Good, this is very supportive” —then, with an appended end to the paragraph stating, “Such medical evidence does not sufficiently meet the standards to qualify for OPM Disability Retirement”.  Huh?

Think about it this way: “Sufficiency” may mean different things to different audiences; for example, what is a “sufficient” amount of food for a lion, as opposed to a domesticated kitten?

OPM’s methodology is, at best, malleable, as language in law is likewise changeable.  It is good to know this for Federal and Postal employees who are either getting ready to file for Federal Disability Retirement benefits, or who are in the middle of a fight to obtain it; for, in the end, consulting with an OPM Disability Retirement lawyer allows you to arm yourself with knowledge for the battle that OPM’s Methodology in determining Federal Disability Retirement cases must be prepared, like any legal battle that involves “criteria” to be interpreted.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Pathway of Choice

Pathways are peculiar entities; pre-Google Map times, they were a maze of forbidden routes, romanticized by a generation who were familiar with the television series, Route 66, and about hitchhiking, wrong turns, Robert Frost’s famous poem and Rand McNally road maps.

Now, of course, Google guides, directs, and (sometimes) allows for avoidance of unnecessary delays.  But is it the pathway of choice, and even more importantly, is the pathway chosen the best one for each one of us, the most advantageous for us, and the one which ultimately is in our best interests?  If the pathway that is chosen is simply so because all others are never known, or merely because that is the Robert-Frost-look-alike, when in fact it is delimited because of our lack of knowledge, is it really out of choice or of necessity?

Perhaps the career chosen is not turning out to be the realization of one’s dreams; or, as sometimes happens, an unfortunate set of circumstances has intervened — like a medical condition — and suddenly the pathway of choice that we thought would fulfill our hopes and dreams no longer seems possible; then what?

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition no longer allows us to perform all of the essential elements of the Federal or Postal positional duties, the pathway of choice for the immediate future may seem constricted:  Stay put and suffer; walk away with nothing; or, prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

That is the tripartite fork in the immediate road on the way to one’s pathway of choice; but then, there are other “forks in the road” beyond, such as being able to work at another job after one has been approved for Federal Disability Retirement benefits, whether in the private sector or in a state, county or municipal employment scenario.

Don’t be restricted to the immediacy of one’s pathway of choice, for there are many forks beyond, and the pathway of choice as dictated by Google maps only tells you which turn to make in the next quarter mile, and not about what may be chosen in future lives yet unforeseen.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The prerequisite of thought

What constitutes “thought” and fails to satisfy the allegation that one has not engaged in it?

Take the following example: A young man who is courting a young woman buys a bouquet of flowers on his way home, but stops by at her place just to say hello.  She — seeing the flowers — declares, “Oh, how thoughtful of you.”  He sheepishly smiles and nods his head, but in reality the flowers were to spruce up his own apartment.  He explains this to the young woman, and she turns a smile into its opposite — a frown — and reverses her opinion, telling the cad how “thoughtless” he is being.

In reality, he had done no such thing — he had, in fact, “thought” about it, only not in the sequence that the young woman had desired.  Yet, he is charged with being “thoughtless” — and one could argue that such a charge is applicable in that he should have “thought about it” before stopping by her place, and instead should have gone ahead and followed a route straight home.

Or, of another example: Say you are debating a point with another individual, or a group of individuals, and someone during the course of your monologue says, “It is clear that you haven’t thought about it.” What, precisely, does that allegation mean and imply?  Would it have made any difference if you had previously taken yourself into a corner, sat for an hour or two reflectively posed like the famous statue by Rodin’s “The Thinker”, chin upon knuckle in a reflective pose of self-absorption — then come back to engage in the discussion?

What if your contribution to the conversation included as great an expanse of idiocy as if you had not “thought about it” — but the mere fact that you had sat for a couple of hours, or perhaps a weeklong sojourn of contemplative solitude — does it make a difference?  Isn’t “thinking about it” often done in the course of give-and-take, during the conversation engaged, as opposed to being lost in one’s own mind?

Further, isn’t singularity and isolation of “thinking” often the wrong approach, inasmuch as you may be missing something, have inadequate information, illogical in the process because of selfish interests unrecognizable, and therefore the best kind of thinking often involves debate, countering opinions and other’s input, as opposed to the isolationism of “The Thinker”?

Would it make sense to ask a dozen or so physicists to “solve the mystery of the universe” by gathering them together, then making each sit in a corner and “think about it”, as opposed to engaging them in a “give-and-take” brainstorming session?  Isn’t much of thinking “done” by engagement with others, as opposed to a soliloquy of isolationism?  If so, then why is there too often a prerequisite of thought?

For Federal employees and U.S. Postal workers who have “thought” about 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 first and most important step in making the “right” decision may not be by engaging in an isolationism of “thinking about it”, but by consulting with an attorney who specializes in Federal Disability Retirement law.

There is no prerequisite of thought in picking up the telephone and having an initial, free consultation with an attorney to discuss the particulars of your case, and engaging in the thoughtful exercise of considering OPM Disability Retirement by actively participating in the productive modality of thinking.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: The Source

Every vibrant and expanding civilization relies upon it; the crumbling ones disregard it; and the stagnant ones begin to question their necessity. It is applied in various contexts, but the importance of maintaining its relevance as the authoritative foundation cannot easily be dismissed.

We hear the word used in different contexts: Whereof the source of the the River Nile? What are your sources in arriving at your conclusions? And are they “original sources”, or “secondary” ones? And of the infamous “anonymous” sources — can they be trusted, or does the mere intimation of anonymity betray an unreliability precisely because there can be no accountability by the very nature of a faceless and nameless origination?

In modernity, since everything is “sourced” through Googling, and very little attribution is verified by “original” sources, does it matter anymore whether one’s asserted authority for declaring X, Y or Z is based upon primary or secondary “sources”, or even if it was an anonymous “third-hand” source?

Furthermore, does an obscure source of a little-known citation have any greater impact than one that is well-publicized and of common knowledge to all? If, in the course of a conversation, everyone relies upon the believability of a “source” — say, a stockbroker who has never been wrong, but then someone pipes in that “so-and-so” says to stay away from that company because it’s about to crumble under its heavy debt-structure” — who do we believe? Does it matter if the “so-and-so” referred to is a Board Member, or some insider at the accounting department of the company who is “in the know”?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is impacting the Federal or Postal Worker’s ability and capacity to continue in his or her career, the sources and resources that you put together in preparing, formulating and filing your Federal Disability Retirement application should be original, reliable and dependable. — from the doctors who support you, to the lawyer who will represent you, to the credibility of the “sources” you gather.

For, in the end, the search for the source of the Nile matters not for “where” it is, but from what mystery of origination would flow such that the beauty of a civilization would spawn such a wealth of culture and originality.

Sincerely,

Robert R. McGill, Esquire