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 Employee Disability Retirement: Deus ex Machina

It is a contrivance which finds its origins in Greek plays of a civilization now gone; of the recognition of unsolvable problems created by human hubris; and when all seems lost, the “machina” (machine) which lowers the god (the “deus”) onto the stage then resolves everything by supernatural means.

The contrivance itself would probably not be acceptable in this era of modernity, where the cynicism of “reality” would not allow for a supernatural force to intervene and solve the problems of mankind (although, it might be acceptable if an extraterrestrial were to appear from outer space and solve such problems with a taser gun — which tells us a lot about our culture where we disbelieve in gods but lend credibility to aliens where there is scant evidence of such existing beings).

Yet, in everyday life, we believe and daydream of a deus ex machina: Of fairytales and knights in shining armor; of winning the lottery despite the billion-to-one odds against; or of simple acts, like thinking that one’s Federal Agency or the Postal Service will be “nice”, “kind” or “understanding”.

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, hoping for a deus ex machina to provide a solution is to engage in mere fantasy-daydreams.  The fact is that the problems that are created by a medical condition can be resolved through the reality of the law — by preparing and filing an effective Federal Disability Retirement application through OPM.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law — for, while such a lawyer may not be a modern-day Deus ex machina, the successful result of obtaining a Federal Disability Retirement annuity may prove to be better than a Greek tragedy ending with an improbable outcome.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Confused confusion

Why confuse the confused?  Why confuse further the confusion that already confused even the least of the confused?  Why add to the confusion when the confused are confused enough as it is, and when confusion should be relieved by less confusion instead of confusing everyone further by adding to the confusion?

Life is confusing enough, and it is amidst the confusion of life’s state of perennial confusion that we seek relief from the confusing state of affairs, but which often leads to further confusion because we ourselves are confused.

It all began in childhood when first we entered the ice cream shop and had to choose between vanilla, chocolate and strawberry flavors — and we turned to our parents wanting all three, or one of them, or perhaps two out of three, and we admitted mournfully, “Mom, I’m confused.”  Then, the next summer, we stepped in line and looked up at the offerings, and there were 3 more flavors added — of caramel-something-or-another, chocolate mint and peach; and from thence forward, choices for unlimited quantities of alternatives offered bombarded our sensibilities and overloaded the limited circuitry of life’s options.

Then, of course, there was the “fax machine” that began it all — not having to have to wait for the snail mail to carry back and forth the correspondence that was being typed first on a manual typewriter, then an electric one, then a “word processor”, then a tabletop computer, then a laptop, and then the smartphone and beyond — where every written piece of memorialization could be instantly received, to be further replaced by emails, attachments to emails, shared documents and instantaneous transmissions through the netherworld of constant connectivity; and we wonder, are we any clearer within our lives than before the confused confusion we experience today?

For Federal employees and U.S. Postal workers who believe that the Federal Disability Retirement process is a rather confusing administrative morass, such a belief would not be unfounded.

The complexity of the process — of what meets and constitutes the “preponderance of the evidence” test; of the multiple and various case-law precedents that determine and define the eligibility criteria for a successful Federal Disability Retirement application; to the confusing language contained in SF 3112C that will supposedly “guide” the treating doctors into providing the necessary medical information in order to successfully meet the eligibility criteria — all of it is inherently and purposefully complex and confusing.  How does one cut through the thickets of confusion?

To begin with, confusion is sometimes confused with complexity; and though they share some characteristics, the difference between the two is that while one possesses inherent elements which may lead to confusion, the other (confusion) is not necessarily defined by them.

Federal Disability Retirement is a complex administrative process, and the confusing elements within the process can lead to later complications unless clarified at the early stages.  To do so — i.e., to clarify the confusions and simplify the complexities — the Federal or Postal employee may want to consult with an experienced attorney who specializes in that complex and confusing area of law identified as “Federal Disability Retirement Law”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The Cynic’s Corner

The Cynic’s Corner is that part of the mindset that has encountered the worst of human behavior; where sunshine is merely a prelude to a dark cloud; when brightness is predicted to last for only a short while; and where — when a declaration is made with a joyful sound of delightful exclamations like, “It’s the weekend!” — is immediately followed by the undermining postscript, “Yes, and then Monday follows.”

The view that life’s brutish perspective can be seen in stark contrast with the idealist’s naïveté that everything has a bright side to it, that human depravity always wins out by love, and sunshine always follows a cloud burst or a week of rainy Sundays.  Is moderation always the answer to the charge that truth never fits upon the spectrum of excessiveness, and it is the extremes of perspectives that defy the logic of truth?

The Cynic’s Corner is attained and reserved by and for the aged; for it is only by experience of life’s encounters with daily human depravity that one can come to the conclusion that the Cynic’s Corner has reached.  The fresh smile of youth’s hope; the innocent eyes for the swan in flight or the fawn in the hunter’s headlights; these will dissipate like time, wrinkle-less laughter and the fresh bones of a healthy body; and then the cynic whispers, “But in the end, we all wither and die.”

Perhaps.  Or, more to the point, Yes, there is certainly an end to everything, but isn’t the point not of how it ends, but of the manner it is lived?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition itself has reached a critical point of “no return”, it is important to prepare an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, and submit it in a timely manner with the U.S. Office of Personnel Management.

If you are already a member of the Cynic’s Corner, then you will have already concluded that everything that could go wrong in the preparation, formulation and submission of the Federal Disability Retirement application, can and often does go wrong, and that is why consulting with an attorney who specializes in Federal Disability Retirement law is an essential feature and component of the entire administrative process, lest you have renounced your seat at the Cynic’s Corner and have instead joined that “other” club — the Knights of Naïveté.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Information: The pleasure robbery

There are “highway robberies”, “train robberies” (distinguishable from THE great train robbery, which has become a historical feature of mythical proportions) and “bank robberies” (is there a single one that overshadows all others, or are they better identified by the characters who perpetrated them, like “Bonnie and Clyde”, Ma Barker, John Dillinger or Butch Cassidy and the Sundance Kid, etc.?); there is the “car jacking” which is nothing more complicated than the robbery of a vehicle, except perhaps by violent means and confrontation with the driver and/or owner; Skyjacking or Hijacking; and then there are “grand” or “petty” larcenies, depending upon the amount stolen, as well as special formulations with particularly distinctive and distinguishing details, like “embezzlement” (which often must possess an employer-employee relationship) or exerting “undue influence” in the act of stealing (as in cases of elder-abuse where a child or relative begins to siphon off wealth from one’s own family member); and many other types of simple criminal acts of absconding with that which is not one’s own to possess.

But what about the daily occurrences of the most prevalent incidents — that of the pleasure robbery? You know — those simple acts of mental anguish, where worry steals and robs from the pleasure of the moment; where an anticipated future event not yet having come to fruition constantly overwhelms where one is obsessed with the expectation of disaster, and thus robs the person of any pleasures taken for the moment?  This often happens on the weekend, doesn’t it?  From late Friday until Monday morning, the worry and anxiety sets in, robbing from the reserve that the weekend itself was meant to preserve and restore; and it is the pleasure robbery that leaves one with the greatest of devastating effects: profound and unrelenting fatigue, and not just from the imagined catastrophe that has not yet occurred, but moreover, from the anxiety and worry itself.

For the Federal employee and U.S. Postal worker who must contend with a medical condition, where the medical condition is impacting and preventing the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, the concept of the pleasure robbery is a familiar one: for, one’s future, one’s career, and one’s livelihood are often at stake.

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, may not be the “total solution” for the anxiety that it may cause — whether because of the knowledge of a reduced income or the admission that the Federal or Postal employee must face the reality of one’s medical condition. However — despite being a complex administrative process, it is nevertheless a benefit that may resolve some of the perplexing questions that often accompany a medical condition, and set one onto a path of future hope and greater certainty in order to stabilize a world of unfathomable uncertainties, and at the very least, to stop the pleasure robbery from any further stealing away the needed rest and peace that weekends, vacations and a good night’s sleep are meant to provide.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from OPM: The warmth of a thought

Does it even make sense to cross over between tactile-based sensations and conceptual transmissions?  We’ve heard variations of that muddle — of how a thought brings warmth to one’s body; meaning, thereby, that there is a causal connection between a thought and a subsequent sensation, as in, “I was sitting there one evening thinking about my childhood, sitting on my grandfather’s lap when a secure feeling of warmth overcame me”.

In such an instance, we realize the cause-and-effect consequences at play — of a thought that leads to a sensation, where mind-to-body interaction is “proven” by the symbiotic relationships and coherence of and between the two.

David Hume, ever the doubter and cynic, would likely have argued (beyond a mere declaration of dismissiveness in saying, “Bosh!” with a distinctive Scottish accent) that no necessary connection between the thought and the sensation has occurred, any more than the sequence of one following upon another.  Yet, we all believe that there is some sort of a connection, whether directly causal or otherwise.

Thus do we accept the descriptive custom when a mystery write speaks about the “cold chill” that ran up the victim’s spine just before the killer put his hands around the woman’s throat — a clear indication that observation following upon a thought resulted in a tactile sensation.  But the subtle distinction made here — not of a thought that brings about a sensation, but the “warmth of a thought”, is a somewhat slight variation of the causal connection.  Not that the thought itself links to a consequential sensation, or that there is a causal linkage between thought and tactile phenomena, but that the two are one and the same — of the very sensation within, of and encasing and encapsulating the thought itself.

In other words, the thought itself is the warmth, and the warmth is the thought, such that the “of” is not a causal consequence brought about by a sequence of X-following-upon-Y, but the space between concept and sensation doesn’t even exist.  It is somewhat like the difference between the following 2 sentences: “The discontent in winter” and “The winter of discontent”.  Is there a distinction with a difference?

Linguistic subtleties abound only within the ivory towers of academicians; for the rest of us, such separateness of meanings rarely impact with significance or relevance (ah, now that is the rub, isn’t it — to argue over the difference between “significance” and “relevance”?).  The warmth of a thought — can the tactile sensation be separated from the conceptual construct?

It is like the medical condition that a Federal or Postal employee suffers from — the one (or many such ones) that begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  Can the medical condition itself ever be separated from the life that one lives?

Others talk about “it” as if the “it” (the medical condition) is some other entity or stranger, but for the suffering Federal or Postal employee, the “it” is part and parcel of the life itself.  That is why, for a Federal employee under FERS, CSRS or CSRS Offset, it is important to be clear, elucidating and coherent in writing up one’s Statement of Disability on SF 3112A when making one’s “case” for the U.S. Office of Personnel Management to approve a Federal Disability Retirement Application — for, when the Federal or Postal employee is suffering from a medical condition and is in need of filing for Federal Disability Retirement benefits, the warmth of a thought is the same as the suffering felt and the anxiety one is left with for a future yet uncertain.

Sincerely,

Robert R. McGill, Esquire