OPM Medical Retirement Legal Representation: Simplicity

There is certainly something to be said about it.  But, then, by adding to the very word itself, there is always a danger of complicating the very concept implied from the singular word that stands alone as a paradigm of striving, a goal to attain, an end to achieve.

“Simplicity” is a state of being, a characteristic of existence and the pinnacle of wishes in dreams fantasized.  Yet, nowhere in the historical archives of any fairytales of yore, in whatever form and differences of versions presented — you know, the one that involves a genie who allows for 3 wishes to be granted to the lucky one — do you find the individual request: Simplicity.

No, instead, it is the complex which is always wished for: More wealth; the key to the universe; eternal youth; to be the “greatest X”; or any other of a number of states of being or accumulation of stuff that will only further complicate one’s life.  Never, ever, does one wish for: Simplicity.  Yes, that is what everyone all over the world always claims to be striving for, while at the same time doing everything in order to undermine it.  Does one think that acquiring greater wealth, being granted eternal immortality or an extended childhood of innocence will result in the attainment of simplicity?

And of the world that promises anything but delivers short on everything, the empty palms begin to echo hollow: This new technological gadget X will be a greater time-saver and will “simplify” your life; and that shortcut invention Y will allow you to “spend more time doing the things you want to do”…  If we could bottle up all of the minutes promised to have been saved for every gadget offered, we should all be living the life of simplicity in a stress-free universe.

What becomes apparent is that simplicity is a malleable concept that cannot so easily be defined, and is bundled up with a conundrum of complexities depending upon one’s perspective and viewpoint.  For example, for the Federal or Postal employee who suffers from a medical condition and who needs to file a Federal Disability Retirement application — is the process of presenting proof to the U.S. Office of Personnel Management a matter of administrative simplicity such that completing SF 3112A, Applicant’s Statement of Disability, can be accomplished without proper legal guidance?

The form itself looks simple enough; the questions posed, an artwork of simplicity; and the space in the boxes provide, a simple couple of inches of allowances; so how can such simplicity present a complexity of legal entanglements?

Until, of course, one realizes that simplicity is often the trap for the unweary: look upon that pinnacle of simplicity wrapped in the morning sunlight where the dew forms upon a spider’s web — ah, such simplicity in nature, awaiting the unweary to be trapped and irreversibly enmeshed.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: The time of purpose

Does purpose always guide?  Or do we sometimes work on automatic pilot — without thought, working our way through a morass of repetition merely because that is the way we have always done things and it is more comfortable to continue on that same path?  What does it mean to live without a purpose, or even to live with one?  Are we more motivated; does initiative power the inertness within, like steroids or extra fuel added where the flickering flame is about to be extinguished but suddenly someone pours a cupful of gasoline upon the embers of a dying bonfire and “poof!” — purpose places us back on track?

Are there “times of purpose” as opposed to a lack thereof — like seasons that come and go in repetitive rhythms that we are quite familiar with — and during those times when we know the “why” for which we live, it makes it that much easier to get though the day?

Seasons come and go; the rhythm of a life is often impacted by the circumstances that we find ourselves in; and whether we “have” a purpose — as in possessing a clear path or vision forward, or retaining a certain goal or perspective on the “why” of what we are doing — or not, there are those who believe in a higher order of teleological framework where there is an objective reality that guides the course of all human activities and events.

Whether there is such a higher order or not is the Question of the Ages; of theological debates and one’s place in the wider universe; these are all great issues and questions pondered by greater minds, but when the voices of certitude and preaching become silent and the conversation wanes into the late evening, it is only the lonely voice of the individual and the soliloquy of quiet thoughtfulness that remains — and it then comes down to:  What is this time of purpose for me?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is likely that the very consideration that one’s career and livelihood may be lost, will begin to drive the time of purpose.

Before the medical condition, the time of purpose involved one’s career and work; with the onset of the medical condition, the time of purpose encompassed getting back one’s health; and now, where it becomes clear that the medical condition and the Federal or Postal job are no longer consistent or compatible, the time of purpose must involve preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, the time of purpose is driven by the circumstances that change and surround us, and one’s health is a significant life-event to compel that time of purpose.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: On a tenuous ridge

How do you know whether to proceed; whether it is safe to proceed; whether the roads or pathways are safe enough? What constitutes success? Is it known before it is anticipated, or is it just a self-delusional sense of confidence that sometimes deceives and at others, proves us wrong?

To be on a tenuous ridge combines the two negative aspects of objectivity and subjectivity: Of a physical place that is sharp and often dangerous (the “objective” world) and the mental determination that encompasses a sense of weakness and lack of confidence (the “subjective” perception of a situation); and the combination of the two provides a compounding of a conceptual negation that places one is a precarious state of being.

To be on a tenuous ridge can be a metaphor for proceeding in life, in whatever endeavor or misadventure, without the benefit of experience, hindsight, wisdom or knowledge.  That is the sense and feeling that the Federal or Postal employee possesses when a medical condition begins to impact one’s ability and capacity to continue in one’s chosen Federal or Postal career — to be walking on a tenuous ridge.

For Federal employees or U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the approach that must be taken should be to get off of the proverbial ridge of tenuousness, and instead to walk upon firm ground with a sense of confidence entering into a future.

Although the future may remain somewhat uncertain during the complex process of maneuvering through a Federal Disability Retirement application, nevertheless, the knowledge that one’s case is the best one that has been put together, goes a long way in avoiding the pitfalls of a tenuous ridge.  Consult with an experienced attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application; for, there is another adage similar to “being on a tenuous ridge” that you also might want to avoid — of “jumping from the frying pan into the fire”.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Insular worries

How much time is spent on worries constantly engaged in conversations never spoken but hidden within the insular universe of the private mind?  The walking person who appears to be “carefree” with an impassive face or even a flashing grin; of that person, can one detect the trembling child within, the shuddering fears hidden and the angst-driven force behind?

So much time is often spent on battling against the monsters that loom so large within the insular world of one’s mind that productivity is diminished, creativity is dashed and the relishing of valuable moments become forever a memory that could have been, might have occurred and only fleetingly felt.

How does one counter the obsessive characteristics that most of us are beset with — of anticipating doom and disaster where none has yet occurred; of predicting that failure is just around the corner without having seen any indicators of either the bend around the next block nor the sunshine that foreshadows success; or of simply worrying because there is too much calm, or an overabundance of happiness, joy and the saltiness of success?

Is it always the “quiet one” whom we should all watch for?  Why is it that, after a tragic incident, the neighbor always points to the perpetrator of the crime and says, “He/she was such a nice, quiet person”?  Is it because the insular worries that are never spoken, but remain silent throughout, grow and fester like the mold behind the cellar door or the pus within the bubble of hidden flesh?

For Federal employees and U.S. Postal workers who walk about with a medical condition that must be “kept private” and “hidden” for fear that the Federal Agency or the U.S. Postal Service might begin to “take actions” to restrict the use of Sick Leave, or refuse to allow for extended LWOP or, worse yet, to place one on a “Performance Improvement Plan” with the full knowledge that the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job duties — preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, might be the logical next step beyond walking about with the insular worries of an anticipated future event.

Worrying is an integral and inseparable part of modernity; the world is complex, and the complexities themselves create a surreal universe of worries and anxieties; how we “deal” with them, however, is the key to successfully tackling them.  Consulting with an experienced attorney who specializes in handling Federal Disability Retirement issues will likely be the necessary first step in preparing an effective Federal Disability Retirement application, and perhaps the unburdening of those insular worries that are bundle up with questions that need some answers.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Expertise

What constitutes it, and who determines the status of when it is achieved?  We hear about people who are “experts” in this or that, referring to either experience, association or credentials, and based upon that, we accept their status of being an “expert” in the field.  Can that be undermined by personal experience?

Say a person has a Ph.D. in a given field, has worked in the capacity of that field for 30 years, and everyone in the field refers to him as the “resident expert” or “the best of the best” in the field; and yet, in a given situation calling for his or her expertise, he or she fails, is wrong, or otherwise falls short of having provided any competent input.  Does that undermine the expert’s status as an expert, or does one shrug one’s shoulders and say, “Well, you can’t be right all of the time”?  Say a “non-expert”, during the gathering of expertise and amassing of various opinions in making a critical decision, suddenly pipes up and says something contrary to what Dr. X – with-the-Ph.D-with-30-years-of-experience believes and has stated, but in the end he turns out to be right — does that make him or her the new resident expert?

There are, of course, the various logical fallacies — like the fallacy of “association by reputation” or of presumed certitude based upon past experiences (refer to David Hume, for example); but the ultimate question may come down to a simple grammatical one: is the concept used as a noun, an adjective or an adverb?  How does one “gain” expertise, or attain the status of an “expert”, and can it be by experience alone, a credential earned, or by reputation gained — or a combination of all three?

How did Bernie Madoff swindle so many people for so many years?  Was he considered an “expert” in financial matters, and what combination of the tripartite status-making byline (i.e., reputation, experience and credentialing) did he possess to persuade so many to be drawn to him?  Or, is it sometimes merely greed and a proclivity of vulnerability to a good storyteller enough to persuade one that a certain-X is an “expert”?

For Federal employees and U.S. Postal workers who have come to a point in their lives and careers where a medical condition has begun to impact one’s ability and capacity to perform one or more of the critical or “essential” elements of one’s Federal or Postal job, a certain level of expertise may be necessary before preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Ultimately, it is not “expertise” or some prior reputation that is important, but the accuracy of information received and the truth of the knowledge relied upon — and for that, one should do due diligence in researching not merely the “credentials” of those who declare some “expertise” in the area of Federal Disability Retirement Law, and not even self-puffery of self-promoting success, but in addition, an instinct as to the truth of what is stated.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: “Starting”

It is always “new beginnings”, “new births”, “turning over a new leaf” and so many other faddish starts, stops, putters and “reset buttons”.  The “New Year” brings about a calendric initiation based upon geometrical calculations as to what constitutes the inception of a repetition we fail to understand.

Does nature care whether or not we impose upon it the cycle of restarting from the first day of the year, or does the natural world simply move on, year after year, impervious to the artifice of counting by a calendar that says that it is now a “new” year?  What does it mean to start something, to initiate, to begin to formulate and to prepare?  What is it about human beings the world over that beginning something “new”, of initiating based upon a calendar that tells us that the cycle of days will now repeat itself from the first square of life – why do we find that attractive?  Why is it considered “noble” and befitting of good character?

Resolutions to improve; changes for the new year; modifications to things previously performed “just because” it has “always been done that way” – starting something new, initiating a different approach, etc. – are they not an indicator that we can recognize mistakes and shortcomings and to realize the need for change?

Starting a Federal Disability Retirement application is like formulating a New Year’s resolution: It is first and foremost a recognition that change is warranted, and second, that unless the change comes about, the future will only deteriorate based upon the medical condition that progressively worsens.

Preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the first step in a realization that there is an incommensurate anomaly between the ongoing medical condition experienced and the type of work required by one’s Federal or Postal position, and it is therefore time to start considering a change in one’s present circumstances so that the future will accommodate the deteriorating medical condition.

“Starting” – that is what is needed, and the prompt of a “new year” based upon the reset button of health concerns is certainly as good a reason as any other to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Why we endure

Why, indeed?  We have all come to a point where we have just had it, and want to “chuck it all” in – into what, we often only have an obscure sense, or none at all, but it is the feeling of having reached a pinnacle of despair and those proverbial depths of despondency.  There is, fortunately or unfortunately, no hidden corner or secret room to which we can scurry away to, never to be seen again, remain unnoticed and left without the troubles of the day.

Why do we endure? Because others depend upon us; because to do otherwise would disappoint those we care for; by duty and obligations which compel our actions and form our thoughts; to avoid a sense of guilt; because life isn’t all those doldrums we sometimes complain of, but can sometimes have a spark of sunshine that makes it worthwhile; and for a host of multiple other reasons that we may not think of at this moment, but know to exist because we have continued to endure in the face of challenges and tumults of life that, for some, would constitute that breaking point, but for those still “in the race” and fighting “in the thick” of things (whatever those pithy and inane sayings of trite trollops really mean), we just continue to trudge along.

For some, perhaps the question of “why” never comes up – and like dullards who are happy to remain in the sullenness of life’s garbage pits, ignorant bliss is the best state to be in, while those who constantly complain about the minor irritants of life’s misgivings never stop to smell the roses along the way (there, we have managed to state the penultimate triteness of linguistic pithiness).

For Federal employees and U.S. Postal workers who ask the same question in the face of medical conditions experienced and suffered, it takes on a new meaning when workplace harassment begins to intensify, especially because the benefit of filing for Federal Disability Retirement is there precisely in those circumstances such that the “why” is answered when a Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal job.  It is precisely so that the Federal or Postal employee would not have to endure the pain, suffering or the cognitive decline in direct connection and nexus to the essential elements of a Federal or Postal employee’s official position in the Federal or Postal sector, that OPM Disability Retirement benefits are offered and able to be secured.

While filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is a long and arduous bureaucratic process, nevertheless, filing a Federal Disability Retirement application is that avenue and course of action that answers the very question we sometimes must ponder and posit: Why we endure?

Sincerely,

Robert R. McGill, Esquire