FERS Disability Retirement: Beyond the weekend respite

It is always something to look forward to: Whether the regular rhythm of the 2-day, the “extra” delight of the 3-day, and the deliciously unexpected 4-day weekend when the time of rest is doubled and by the end of it, you’d almost forgotten about the frenzy of your day-to-day work schedule.

Do we “make up” for sleep?  Those so-called experts who claim that loss of sleep, once lost, can never be redeemed, clearly don’t know what they’re talking about.  A couple of naps; an extra hour of dozing; of coming to a profound realization that the sun can actually rise while a person is still asleep, and that consciousness need not precede the earthly rotation that allows for a peek of dawn — these are all revelations that can come on the weekend.  But then there is Monday; or the day after the 3-day weekend; and the day after that.

Years ago, in the idealism of one’s youth, one resolved never to live like this: As each day is a gift from God, one should not lack the relish of living during the week any more than on the weekends.  Yet, that is the cycle that most of us accept — of a bifurcation of leisure/work, enjoyment/dread.  And, in the end, there is nothing wrong with such a distinction; except when there is a despised exaggeration between the two.

The weekend is meant to be the respite away; but when the respite engenders a greater fear and dread of the following Monday, where restorative sleep cannot be attained no matter how much slumber is embraced, and when pain and recovery can never attain a level of coherent balance, then it is time to reconsider: Is this how life is meant to be lived?

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 — and, just as importantly and concurrently, where beyond the weekend respite there never seems to be an end to the race for recovery — it is time to consider filing for OPM Disability Retirement benefits under FERS.

When leisure is merely a time of suspension in the dreaded Mondays of work’s cycle; and where the treadmill of life’s spectrum between work and time-off is so out of balance that one cannot distinguish between the waking moment and sleep, or work and play because the medical condition is all-consuming; then, it is time to consult with an attorney who can guide you through the complex process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: These Holidays

Do We dread, or welcome them?  Is it a season to which we look forward, or hope that they will quickly fade into memories best left forgotten?  Is it to endure, tolerate, give a plastic smile to, or do we guffaw uproariously where our hearts flutter with sincere flushes of joyful tears?

On the other hand, must our emotions always be bifurcated into extremes of disjunctives?  Must it be “Either/Or” (to borrow Kierkegaard’s Title to his opus magnum)?  Can it not be some compromised “middle ground” where we enjoy certain parts of it, tolerate with indifference others, and leave the rest to the ash heaps of eternal drawers shuttering away in memories unrevealed?

The “Holidays” are a time of bustle; and though we complain of the “commercialism” of the modern era, we refrain and restrain ourselves because we know that, to do so is to be tagged a “Scrooge”; and so we quietly acquiesce, “go with the flow” and smile wanly as the world decorates itself in preparation for a single day in a time of multiple troubles.

But in the end, isn’t it nice to “make-believe?”  For, there are always the tomorrows and the day after; the day before, and other times of mundane and common occurrences, and to celebrate one out of all of those “others”, even if tomorrow brings back the reality of tumults and memories of better yesterdays — still, through it all, it is nice to gather around and sing a Christmas carol, to light a candle, to bow in prayer for thanks and wishes.

In the end, it is — after all — these Holidays that matter not because the world says so, but because we have an excuse to be with family, friends, hug and laugh, if only for a day in remembrance of these holidays.

Merry Christmas, Happy Holidays, and have a Happy New Year.

Sincerely,

Robert R. McGill, Esquire

 

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