OPM Disability Retirement: Unique Circumstances

They arise when the isolation becomes all the more magnified; and they close upon you and make you believe that you are alone in the world.  Each circumstance, by definition, is a unique one: Unique because all previous such circumstances never involved you; unique because the time and place never encompassed you; unique because it has happened to you, as opposed to someone else.

When a medical condition is involved, you somehow know that others have also suffered from similarly illnesses, disabilities or diseases (unless it is the Corona Virus — which, again, is not so much “unique” as it is a different strain from other viruses which has infected the greater universe), and yet the isolation it imposes, the sense of “separateness” it necessitates, makes it profoundly unique.

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, just remember that —yes, your condition is unique; but that no, the process of filing for Federal Disability Retirement benefits under FERS is not unique to your particular circumstances; rather, it needs the guidance and advice of a Federal Disability Lawyer who is experienced in taking your unique circumstances and applying it to the complex administrative process of obtain a Federal Disability Retirement.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin to conform your unique circumstances to the particularity of Federal Disability Retirement Law that governs the unique circumstances and turns it into an ordinary annuity to protect your important future.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Performance Appraisal

It is the system that we have created, a monster which cannot be slain, and the machine that cannot be turned off.  We learn it from an early age — good grades are the foundation for a successful future, and if a teacher has the audacity to give you a lesser grade than what you believe you deserve, call that teacher — harass him or her; file a complaint; heck, file a lawsuit.

In the Federal employment system, performance reviews are often given out like candies — and such reviews can come back to make it appear as if there is nothing wrong.  Managers and supervisors are reluctant to give a “less than fully successful” rating, lest a grievance be filed or a headache ensues; but for the person whose performance has been suffering because of a medical condition which has begun to impact a person’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the reflection upon the record when a Federal Disability Retirement application has been filed may have to be dealt with.

The Office of Personnel Management tends to rely heavily — and unfairly — upon performance appraisals, but there is another legal standard which can be applied — that of incompatibility between one’s medical conditions and the positional elements of one’s job.

Consult with a Federal Disability Lawyer who specializes in FERS Medical Retirement Law and discuss the impact of one’s performance appraisal within the complex administrative procedure of preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Denial: The Middle Stage

It is like those siblings who are “in between”; of caught in relevance and significance by being squeezed on the one side by the “giant first one”, and on the other side by an even greater presence; and, somehow, the middle stage is lost and forgotten.  Is that how life itself is viewed, as well?  Of being cooed and oohed over the baby-years, and then forgotten once the younger sister comes into the family; or of being cast aside by children in their teenage years, then suddenly realizing that time lost can never be regained, but recognizing that one’s parents now are too old to appreciate?

Is that why the “Middle Ages” are viewed as irrelevant, stuck between the “Ancient Era” of the great Roman and Greek periods, and then suddenly skipped over into the Renaissance and into modernity?

The “Middle Stage” is like the Middle Age years — of being present but quickly fading; of being there but barely noticed; of shying away and fearing the next stage because the one before was so full of energy and the disappointment of the failures of the previous stage is merely a foresight into the fearful expectations of the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “Middle Stage” is called the “Reconsideration Stage” of the administrative process.

The Reconsideration Stage is the stage where the Federal or Postal Disability Retirement application has been denied at the Initial Stage, and it is the Stage before the Third Stage — an appeal to the U.S.Merit Systems Protection Board.  It is not a stage to be “overlooked” — as some inevitability of a further denial — but one which provides for an opportunity to enhance and add to one’s Federal Disability Retirement application by providing additional medical and other documentation in order to obtain an approval from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

If the applicant decided to forego consulting with an attorney at the Initial Stage of the Federal Disability Retirement process, then it is a good time to consider contacting an attorney at the “Middle Stage” — the Reconsideration Stage of the process — to discuss the next and crucial steps in order to correct any past mistakes and affirmatively assert the proper legal basis in meeting the preponderance of the evidence criteria in your quest to obtain Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Noh & Other Masks

Every culture has some element of representative theatre of art, and Nogaku is the classical Japanese form which tells the narrative of human suffering, trials and challenges encompassing masks, elaborate costumes, and traditional music reflective of the times and periods of tragic and comic proportions throughout history.

Why are masks used?  What is it about the frozen caricature, that moment in time when a look, a grimace, a smile or an unconcealed filament of emotion that encapsulates human suffering, tragedy or a breeze of joy?  Masks frozen reveal but a singular moment — or so one assumes, until you look at it from a different angle, a changed light, or perhaps when one’s own emotions alter and bring to the stage the experiences and baggage accumulated throughout a lifetime.

Masks fascinate — look at the glee, fear and awe on a child’s face, and those memories frozen in time as the child claps, stares, puts the tiny involuntary hand to his or her mouth, as the play before unfolds, whether in life or on the stage.  We all wear masks; some to conceal, others to gloss over.

For Federal employees and U.S. Postal workers suffering from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties, the daily mask in order to conceal the progressive deterioration of one’s health, is no different from the theatre of plays performed.

Only, for the Federal and Postal worker who 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, the “play” never ends, as real life is ongoing; and the mask worn changes not in response to the altering angle of light, but rather, because of the unremitting articles of life which slowly chip away at the brave face of time, like the dust of age which fades the painted Noh mask, whether on stage or in the arena of daily living.

Sincerely,

Robert R. McGill, Esquire