OPM Disability Retirement Attorney: Incremental Destruction

It is the slow, destructive force of incrementalism which presents the greater danger in life.  Most people can respond to a full-blown crisis; those are events where the human chemistry of adrenaline flow and reactive thoughtlessness results in heroic acts as told in epic narratives.  But what of the slow and deliberate acts of daily sniping?  How well do we respond, and in civil discourse where physical challenge to such cowardly encounters is no longer acceptable, what does one do?

For the Federal employee and the U.S. Postal worker who must contend daily with supervisors, co-workers, managers, etc., in the deliberative incrementalism of destructive criticism, heightened hostility, and the slow churning of pressure by the drip-drip method of administrative sanctions, actions and reprimands, the cost of remaining in an atmosphere of toxicity is high, indeed.

When the medical condition begins to impact the capacity and ability to perform one or more of the essential elements of one’s positional duties, the Federal agency and the U.S. Postal Service engages in a fairly routine manner of acting — of ostracizing, impeding and obstructing.

One would think that, with all of the laws and public awareness concerning disability discrimination, that society — and especially the Federal sector — would be sensitive in the treatment of Federal and Postal employees who suffer from a medical condition; but, alas, civilization rarely progresses in response to genteel laws reflecting intellectual advancement; rather, they remain within the constraints of the origin of one’s species (hint:  the reference is to the Darwinian paradigm of evolutionary determinism).

Filing for Federal or Postal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the best choice remaining for Federal or Postal workers who must contend with the incrementalism of sure destruction.  For, in the end, one must always reflect upon the priority of values — of health, continuation in a toxic environment, and whether it is worth it in the end.

It may be years before the adverse effects surface, or mere months; but that is the legend of the age-old torture methods which are most effective; the ones who administer the pain have all the time in the world; it is the victim who must live with the consequences.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Catharsis

Medically, it is the process of purgation; in experiential moments of truth and recognition, it is the causal impetus to sudden change or need of change.

For Federal employees and U.S. Postal workers who suffer from a medical condition, there comes a time when recognition of the linkage between the medical condition and the mandate for change conjoins to create a cathartic moment of realization.

We can fight against it; one can ignore, disregard, suppress or otherwise pretend; but whether one’s imagination and creative cognitive dismissal can continue a fantasy of make-believe, the objective world around us remains steadfast in reminding one that Kant’s bifurcation of the world we live in, like cocoons in a protective shell of discontent, cannot alter the reality of the noumenal reality beyond the cognitive constructs of our own making.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often the first step in recognizing the need for change; and waiting upon a true catharsis will often only result in the self-immolation of destructive purgation — for, by waiting for a crisis-point of that moment where change is necessary, the shock of coalescence where circumstances, the medical condition, and the sudden realization of the true state of affairs come to the fore, may be greater than was ever necessary.

Waiting by ignoring is never a wise decision; procrastination of the inevitable is merely an artificial extension of the coming moment of realization; and in the end, disregarding that which everyone else has implicitly recognized, will only allow for the fate of cathartic gods to send down that bolt of lightening when one least expects it.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Anonymity of the Routine

Most people prefer anonymity; although, in more recent years, the hunt for one’s five minutes of fame by “hook or by crook”, whether to impose, intrude, push through, etc., and wave in front of a camera, or to perform some demeaning act to attract a byline in the Guinness Book of Records, has become a prevalence beyond mere happenstance exception.  Perhaps it is the age of Youtube, of selfie images and the need to see one’s portrait, name or reference reflected in the public domain, which belies the common quest for the mundane.

There was once upon a time when discretion and the desire for privacy pervaded; now, the anonymity of the routine is mere boredom, and the eternal quest for admiration, recognition, even ignoble acknowledgment, is preferable and actively sought.

For bureaucratic purposes, however, attempting to define by deliberate exceptionality, can be a two-edged sword.  For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, of course one wants to submit an OPM Disability application which “stands out” beyond the mere routine.  But that depends upon how one characterizes and defines that which is “routine”.

Medical conditions are unique by inherent definitional standards; and to “stand out” can take on multiple connotations. Certainly, excellence of preparation and formulation should be the overarching standard in the compilation and presentation of one’s Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management.   But if by “being out of the mainstream”, one attempts to bring in irrelevant or immaterial facts or allegations which shock or otherwise disrupt merely for the sake of “standing out”, then the preferable methodology is to remain with the anonymity of the routine.

Federal Disability Retirement is a compensatory benefit which must be proven with medical facts, criteria-based argumentation, and a solid compendium of legal bridges established through coherence of information.

While the rest of the world may seek attention and approval, for the Federal or Postal employee preparing to submit an effective Federal Disability Retirement application through OPM, it is the anonymity of the routine, prepared through excellence of information and cogency of argumentation, which is preferable to the publicity stunts of last year’s forgotten tirades.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from the U.S. Postal Service and other Federal Agencies: The State of Solitude

Having a medical condition necessarily results in a state of solitude.  While others can empathize, no one else can fully comprehend the totality of the experiential turmoil and trauma, the emotional, physical and psychological toll upon the diminished personhood and the daily struggle endured.  It is a solitary state of existence, and all the more so when individuals, agencies, friends, family and acquaintances fail to take the time to understand.

For Federal employees and U.S. Postal workers who must, on top of the medical condition itself and the residual impact and consequential symptomatologies which pervade and cling, like dust mites slowly feeding upon the progressive trail of human deterioration, continue to contend with the exacerbating and exasperating reaction of one’s own agency, supervisors, managers and coworkers who engage in daily pettifoggery of irritating acts of hostility and unpleasantness, the dual contention of dealing with the medical condition while concurrently responding to adverse actions by the agency or the Postal Service, only serves to exponentially increase the tension and turmoil.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is not (and should not be) an issue of surrendering to the slings and arrows of the agency or the U.S. Postal Service; rather, it is a recognition and acknowledgement as to the greater priorities of one’s life:  to continue with an agency or organization that clearly no longer wants or needs you, and thereby complicate properly and adequately attending to the medical condition itself; or to affirmatively choose to forego the unnecessary stresses of an increasingly hostile work environment, and to take the required steps to prove, by a preponderance of the evidence, eligibility for medical retirement through the U.S. Office of Personnel Management.

There again, such a decision must be made within the contextual state of solitude; for, in the end, it is only the person experiencing the trauma of the medical condition who understands the need to lessen the solicitous state of existence, in order to escape the solitude of a soul’s anguish.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Causality

Worker’s Comp requires it; Social Security disregards it; and OPM Disability Retirement shifts the issue into a different arena.  “Causality” encapsulates the relationship between two or more events, where one is thought to result from another, or put a different way, where “responsibility” for a given effect is attributed to a prior conditional occurrence fulfilled as sufficient to warrant as being the “cause” of that event.

In a Federal OWCP case, administered through the Department of Labor, one must prove that the injury or medical condition was “caused” as a workplace incident or occurrence, such that the “event” occurred or was somehow connected to the employment itself.

For Social Security Disability cases, causation is normally not an issue, since the basis for eligibility is not concerned with any singular event, but rather, whether the person filing for Social Security Disability benefits meets a standard definition of being “totally disabled” from gainful employment.

For Federal OPM Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the issue is not one of causation, but rather, the relationship between one’s medical condition and the attributable impact upon one or more of the essential elements of one’s job.

Thus, there is, in a different sense, a case of causality to be made, but the relationship between A and B has shifted, where it matters not “how” it occurred, but rather, “whether” the medical condition prevents (causes) one from performing one or more of the essential elements of one’s job.

In the end, causation in a Federal/Postal Disability Retirement application is irrelevant in the traditional sense that one normally accepts, but the shifting focus of causality is important to keep in mind in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Quiet Subtlety of Excellence

Failure blares like a discordant trumpet in a confined space with no exit; success flows like the quiet stream on the other side of the mountain, barely noticed.  In law, it is the appeal, and the written order issued therefrom, which receives the attention of the daily press.  Yet, if one pauses to consider:  The reason for the appeal, is the lack of success at the trial court level.

For Federal employees and U.S. Postal workers who suddenly find themselves the target of workplace hostility because of a medical condition which now prevents them from performing one or more of the essential elements of their job, it is often a surprise that they have become a focal point of interest.  The quietude enjoyed for so many years, in relative anonymity, is actually a reflection of one’s outstanding performance throughout the years.  It is because of the threat of departure — of the “failure” to continue to support the agency, or to provide ongoing efficient contribution to the U.S. Postal Service — that results in the sudden and unwanted attention.

Filing for OPM Disability Retirement benefits for the Federal employee or U.S. Postal worker who cannot perform all of the essential elements of one’s job anymore, is an option which must be considered precisely because of the limited alternatives offered or provided by the Federal agency or the U.S. Postal Service.  Health should always be the primary concern; maintenance of one’s health, the focal point of endeavor.

And just as importantly, to maintain that quiet subtlety of excellence in the next important step of one’s life — to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

All these many years, the Federal or Postal worker has dedicated him or herself to the excellence of combining career, family and personal relationships; when the time comes to attend to one’s own medical difficulties, it is important to maintain and continue that standard-setting record of accomplishments, by ensuring that one’s Federal OPM Disability Retirement claim reflects what has always been known all along, but has only received the murmurings of a muffled fanfare — that quiet subtlety of excellence.

Sincerely,

Robert R. McGill, Esquire

 

Expanding the Significance of Individual Federal Employee Disability Cases

Lawyers daily engage in it; courts are sometimes receptive to it; the public is rarely approving of it.  Expanding the literal language of a statute by reading meaning into words, phrases and conceptual paradigms not otherwise manifested or obvious in the words enacted, is a language game which some call intellectual brilliance, while others deem to be disingenuous or otherwise dishonest, to be blunt about it.  The “it”, of course, is the compendium of the expanded impact and relevance of consequences resulting from statutory language, some intended, others unintended.

Does it all result from the poor crafting of a statute?  Sometimes.  Is it expected in all statutory construction?  Mostly.  Can constriction, as the antithesis and corollary of an expanded interpretation, ever come about?  Rarely.  It is in the very nature and intuitive construct of a legal statute and inherent principle that expansion of that principle to include avenues and influences not otherwise originally intended is to be expected.  That is the very nature of a law.

Sometimes, legislators knowingly write a statute with intended wiggle-room precisely for the lawyers and judges to wrangle over.  What the general public fails to understand, however, is that each individual can be a singular guardian of the principle of expansion, in each case, with purposive intent and influences beyond, like tentacles on an octopus of fate and fleeting fairytales of justice.

Like the guardian standing at an entranceway, who hears a strange noise or movement emanating from beyond the periphery of his granted authority; how far should he venture?  To what extent should he be curious?  What parameters should preclude his investigation?

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, the subtle reverberations and almost imperceptible ripples from each case can never be underestimated.  The character of a case can only be properly compared by taking quantum leaps to cases from years ago; but clearly the benefits derived from prior cases, and precedents set from prior expansions of legal principles, cannot be denied.

The general thought is that individual cases represent merely a single raindrop in the expansive oceans of legal turbulence; but it is the individual case which can influence the compendium of legal principles through the unique argumentation of a previously unthought issue, brought in a light untold; viewed at an angle unstated.

Federal Disability Retirement is a parcel of law in a patchwork of quilts still being sewn; and each Federal or Postal employee who seeks to enter into the universe of laws, legal criteria and evidentiary significance, unintentionally walks into a cauldron of Federal Disability Retirement authorities which engulf and encapsulate statutes, regulations, case-laws and underlying legal principles.

How one uses them; to what extent one responds to the Standard Forms, which includes SF 3107 (for FERS) and SF 2801 (for CSRS and CSRS-Offset); and SF 3112 (for all three, FERS, CSRS and CSRS Offset); which evidentiary compendium is utilized; and the extent of legal argumentation and tools assuaged; all make a difference in expanding the significance of an individual case upon the greater universe of the feudal castle originally surrounded by a moat for protection, but where the guardian lowers the drawbridge and enters into territories hitherto uninhabited.

Sincerely,

Robert R. McGill, Esquire