FERS Disability Retirement Benefits: Complacency

It is the state of safety, when the natural guards for self-preservation are let down because the security of prior successes allow for the sense of disregard to develop.  Complacency is the self-satisfaction that not a greater effort needs to be expended, that the pinnacle of energy required has been surpassed and the competitive structure of struggling no longer exists.

Then, a problem arises; a new challenge has arisen; some crippling interruption has occurred and suddenly the competitive arena has been enlivened.  Complacency is replaced with a renewed vigor to meet the challenge, and the cycle begins all over again.  Companies and corporate giants experience regularly such a cycle; individuals, as well.

For Federal employees and U.S. Postal workers who were able to “get by” with an acceptable level of complacency, but then became disabled because of a medical condition, an illness or an accident, the challenge is to get back to where you once were — where once complacency could see you through.

If that is not possible, however, and the challenge of the medical condition no longer allows you to get by, consult with a FERS Attorney who specializes in FERS Disability Retirement benefits and consider preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application, lest complacency no longer allows you to continue in your career of choice.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Lighter Moments

It might just be a certain look given upon a misinterpreted statement; of what a child does before the perfidies of society begins to corrupt them; or just a burst of laughter upon an innocent comment meant to uplift from a serious incident.  Whatever the circumstances, it is the “lighter moment” which often makes it all worthwhile, and allows for the difficulties of the context to remain endurable.

Life is hard enough: Of paying bills; of worrying about the future; of what will become of our children, our aging parents, and even of our very own future.  It is as if we walk around with scowls etched upon our faces, not out of free will or choice, but because the difficulties themselves force it upon us.  Then comes a lighter moment — a comment, a misstatement, an unintended act or spoken word which brings a smile upon an otherwise stern and impassive face.

We live for those moments.  It is the pause between the serious content, the period before the next sentence and the break until the following chapter.  But when even the lighter moments fail to curl the lips upward and the old joke no longer triggers a burst of laughter, then it becomes clear that life has become too serious even for the grumps who seemingly never enjoy life.  Medical conditions can do that to a person — of draining life out of every last bit of goodness such that even the lighter moments no longer are lighter, but remain as heavy as the thousand-pound metaphor that weighs us down.

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, the struggle of juggling work, health, family and livelihood can be so out of balance that disability retirement under FERS must be considered.

Consult with an attorney who specializes in Federal Disability Retirement Law and see what your options are, and whether Federal Disability Retirement may be a viable course to pursue, lest the lighter moment in your life may forever become extinguished into a cavern of darkness where the light of hope may never again shine.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Preparing a Seamless Application

Is it possible?  When two fabrics are sewn together, it is almost always the case that a seam will appear; but it is the expert seamstress who has the knowledge of the proper stitch, the “tricks of the trade” and the technical knowledge in order to make it appear as if the boundary doesn’t exist, so that the two foreign bodies mesh and meld into one.  There may be multiple seams in creating a piece of clothing; where the sleeves meet; the attachment of the pockets; or, for style’s sake, sometimes the seams are meant to show.

This is true of almost any process which involves the combining of materials, people, organizations and differing entities — the “seams” must be sewn in order to become a combined but single body; the question is whether there will remain a weakness in the seam, to what extent the seam will show, and how strong the seam will be.

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 position, the key to preparing a seamless application will depend upon the proper analysis, evaluation and coordination of the various elements involved in the process itself.  The medical evidence to gather; the relevant information to include; the legal arguments to be made; the nexus between the medical condition and the essential elements of the position — these all must be brought together by the expert hands of the “tailor” who knows the “stitches” to apply.

Consult with an Attorney who specializes in Federal Disability Retirement Law in preparing as seamless an application as possible.  For, it is the expert tailor who has the knowledge and expertise to make both the process and the substance as a seamless entity, and that is the key to a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Qualifying Standard

What if a group of individuals gathered to compete in a race, of sorts, and trained, engaged in strenuous preparatory work and did all of the things necessary in order to “qualify”? They all gather on the agreed-upon date and, in customary athletic clothing, run a predetermined distance where 3 individuals out of ten cross a white line in sequential fashion. There is no doubt as to who the 3 “front runners” were. Yet, when the prizes are handed out, they are given to the 10th, 7th and 5th place runners. There is an understandable uproar. A protest is filed.

Umpires and referees gather (are there such people, or is that just in baseball, football, soccer and basketball?) and discuss the situation at length. Small, hand-held rule books are consulted and the audience sits in anguished silence as the outcome is debated in a deliberative fashion. Furrowed eyebrows are mashed in faces of concerned silence; the crowd that had gathered to witness the sporting event argue vociferously over the unfairness of it all; television crews have arrived, having been tipped off that a major scandal has been scented and the sharks have gathered for the afternoon kill.

No one notices that a little old man who has stood watching the entire spectacle with a peaceful, quiet calm has slowly made his way onto the platform where a microphone has been set up. He approaches the podium, adjusts the contraption and begins thus: “Ahem”. He pauses, waiting for everyone at the event to recognize the point from where the clearing of his throat originated, and continues on: “I am Mr. X; I organized this event. If you look at the last paragraph of the rules-book, it specifically states the following: ‘Mr. X is the sole determiner of the qualifying standard’. I am, as I said, Mr. X, and I determined that runners 5, 7 and 10 are the winners. End of story”. The little old man then turns around and walks back down, and away from the event.

Now, for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition leads the Federal or Postal employee to file for Federal Disability Retirement benefits, this story may appear to parallel the manner in which the U.S. Office of Personnel Management acts: As a law unto itself.

Fortunately, they are not the sole arbiter of the qualifying standard and, instead, there is such a thing as “The Law”. In order to apply the law and force OPM to follow the true and only qualifying standard, however, it is necessary to “know” the law; and, in order to do that, it is best to consult with an attorney who specializes in Federal Disability Retirement Law. Otherwise, you might be subject to the same standard (or lack thereof) as the little old man who does what he wants on any given day depending on how he feels on that day, or in that moment.

Sincerely,

Robert R.McGill, Esquire

 

Disability Retirement for Federal & Postal Employees: Lost Causes

It is that famous line from the 1939 movie, “Mr. Smith Goes to Washington” which is evoked by the phrase, “Lost Causes” — of the near-defeated Senator Smith who reminds his father’s old friend that once upon a time, even he had believed that such were the only ones worth fighting for.

It is an idealistic movie; perhaps, even naive.  Was it because of the time in which it was made?  Would — could — such a film be produced in this day and age?  Could there really have been such an individual with unfettered idealism in this era where cynicism and tribal warfare abounds with unlimited and unrestricted savagery?  Do we even have a conscience, anymore, which is required to fight for those “lost causes” that need an advocacy unblemished by the dirt of pessimism?

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, perhaps the medical condition itself has resulted in a perspective that one’s own career, and even life itself, has become one of those “lost causes”.

Filing for Federal Disability Retirement benefits is not the “end all” of a solution to a lost cause, but it does provide a glimmer of hope so that the Federal or Postal employee can re-focus his or her attention upon regaining one’s health.  But there is a sticking point — the U.S. Office of Personnel Management.  A denial from OPM can make it appear as if our Federal Disability Retirement application has become another one of those “lost causes”.

Consult with an experienced FERS attorney who specializes in Federal Disability Retirement Law to see whether or not what you perceive as a “lost cause” is worthy of a cause to fight for, and don’t give up so easily; for, in the end, what Senator Jefferson Smith said is what keeps that flame of hope alive — that the only causes worth fighting for are those “lost causes” that everyone else had abandoned.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Having something to say

There are people who speak volumes in voluminous volubility, but of thinness of content and lacking of much substance.  Then, there is that quiet person in the corner, perhaps distracted by someone’s glancing comment or lost in his own thoughts who, when asked about a topic of general interest to all in a group, articulates in a single sentence what others have attempted to encapsulate in a paragraph, a page, or perhaps a Dickensian novel.

Having something to say is the linguistic equivalent of wanting to be noticed, needing to be relevant and asking to be loved.  The capitalistic rule of supply-and-demand works within other and foreign contexts, as well — that when the supply of articulation exceeds the demand sought, the diminishment of value in words is proportional to the content of relevance.

Of course, the general truism which becomes reduced to an inane thought is that we “all have something to say” — that is to say, each one of us can make a contribution to the general pool of solutions, ideas, thoughts, etc.  But if everyone can be everything to everybody, then nothing comes from nothing where something is devalued because everything is nothing — in other words, the diminishment of value because supply exceeds so much of a lesser demand.

There are times, of course, when — whether we have something to say or not — it becomes necessary to express something; to express it well; and to express it with clarity and conciseness of thought.

For Federal employees and U.S. Postal workers who have come to a point where filing for Federal Disability Retirement has become a necessity, “Having something to say” becomes important because of the requirement of filing SF 3112A, Applicant’s Statement of Disability as part of the FERS Disability Retirement packet.  The questions posed on SF 3112A appear simple; but do not mistake “simple” for “simplicity” — for, within the content of the simple are a jumble of complexities that are interconnected with legal precedents and court rulings.

Language is a funny animal; it requires thought beyond the pool of language one is familiar with, and it is the unfamiliar which can become the cliff over which one can fall, and to prevent the calamities which one may not be aware of, it is best to consult with an attorney who specializes in Federal Disability Retirement Law to make sure that when you have something to say, it is posited with knowledge and legal counsel.

Sincerely,

Robert R. McGill, Esquire