Federal Employment Disability Retirement Benefits: At Least…

At least I have my dog; at least we all have each other; at least it wasn’t a complete loss; at least I have my health….  Is it because of the base-line of life’s fortunes that we may maintain our sanity and allow for hope to thrive?  And if we were to ever lose the “at least” — is that when life becomes too unbearable to withstand, or will we simply find another replacement “at least”?

Take the following hypothetical: A tornado or other natural disaster destroys a home; everything is lost; the person who survived stands with his or her dog and says to the reporter, “At least I survived”.  The next moment, the survivor suffers a heart attack and is bedridden for the rest of his remaining days.  Once the “at least” was taken away, was there a replacement?  Is the final “at least” the one which goes thus: “At least I am still alive”?  And when that is taken away and silence follows, is that the answer to the question: Is there anything beyond the last “at least”?

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 job, the question of “at least” is an important one.  For, when the medical condition strikes, the “at least” question is not: “At least I still have my health”, but might rather be, “At least I still have my job”.

It is the latter concern — when the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s job — that may lead to consideration in filing for Federal Disability Retirement benefits, ultimately leading to the further “at least” declaration: “At least I have my Federal Disability Retirement annuity.”

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

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, the issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The charade

We have all enjoyed playing the game – of the silent act in order for our team to come up with the name of the book, a famous saying, identification of a country or place; and with some inebriation as a helpful assistant to even greater pathways of outrageous laughter, the game is enjoyed in homes and neighborhoods when gatherings aggregate in times of holidays or special occasions.

It is the silent opera for the actor; the guessing laughter and thoughtful pose for the other members of one’s team.  How did that game come about?  Is it because games reflect a reality of a slice of life?  It reminds one of the “perfect lie” – you know, the one that always retains a kernel of truth, and thus is believable.

The imperfect lie is the one that is made up out of whole cloth – the one’s that a kid who is not yet a master of the believable lie tells to the parents, thinking that a make-believe world is distinguishable from the objective universe of reality, but that you can simply insert an imaginary event into the day-to-day workings of this parallel universe.

No, the perfect lie is like the charade of life – it is acting, but always retaining and containing a slice of reality and truth.  And of other games – of monopoly, cross-word puzzles, trivial pursuit, etc.; are they merely distractions to escape the harshness of life, or do they contain a sufficient amount of that slice to make it all the more interesting?

And of the charade of life – to what extent do we engage it daily, and if someone catches you in the act, can you simply respond with, “Well, I will just playing charades with you all.”  To which the audience (or the police) might say, “But no one else was playing, and you have no team.”  To which the Shakespearean actor would say, “Ah, but all the world is a stage!”

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one or more of the essential elements of one’s Federal or Postal job, it often seems like you have been playing at the game of charades for quite some time.  The only problem is, your own “team members” haven’t been trying to guess at what is wrong, but rather, have been trying to ignore or otherwise act as if they don’t know.  Or, perhaps you, too, have been trying to hide the medical condition, in somewhat of a “reverse charades play”.

But the time ultimately comes, where you have to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  At that point, the game of charades is over – for you have been finally realized and recognized as “the man who is filing for Federal Disability Retirement” and the Federal or Postal employee who suffers from a medical condition.

Yes, real life is a reflection of the games we play, and charades is truly a mirror of who we are.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from USPS or other Federal Agencies: Solomon’s choice

Even in this age of millennial ignorance of ancients, literary or biblical references to arcane metaphors (while taking delight in such useless information as the minutiae of Sanskrit grammar), the general view that King Solomon’s judgment was profoundly wise, is accepted without argument.  Yet, were his assumptions correct, and do they apply today?  Is it presumptively reasonable that love of child would rise above the other emotions felt – of jealousy, perhaps, or envy of the other mother – and declare the truth of the hidden motive?  Is there a priority or order of sequence that necessarily mandates truth to manifest itself, when the choice is one of death, loss, sacrifice and the horror of splitting a baby into two?

Of course, beyond the significance of the epic story itself, is the metaphor we are left with in living our daily lives – of making a choice between honor and its opposite, or of Truth and Falsity; of enduring for the sake of X as opposed to sacrificing in the light of Y.  To embrace a Solomon’s choice is to accept that there is a binary presentation in life’s offerings, and while that is often the appearance of a case, it is the stark reality of the limitations of alternatives available, that makes a decision to be made difficult and unenviable.

For Federal employees and U.S. Postal workers who must endure and “deal with” a medical condition, such that the medical condition has come to a point of interference with many of life’s major activities, including employment and performing the essential elements of one’s Federal or Postal position, the options presented are often binary, and sometimes adding another to create a trinity of choices.

The Federal or Postal employee can remain and endure; or, if the Federal or Postal employee has met the minimum eligibility requirements (18 months of creditable Federal Service and an evidentiary basis of showing that a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job), consideration should be given to preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

The “other” choice, of course, is to walk away and do nothing; but that is, in effect, no choice at all, for the time invested and accrued in one’s Federal or Postal career should never be discarded and forgotten, especially when the second option is there to be accessed.

In the end, perhaps Solomon’s choice was, likewise, parallel to that “third” option which resulted in the decisions made, and as a consequence, bore the fruits for the future Trinity.  To split the baby in half could never have been a serious consideration, just like walking away without trying should rarely be considered by a Federal or Postal employee who suffers from a medical condition which prevents him or her from performing one or more of the essential elements of one’s Federal or Postal job.  Solomon’s offer was, of course, a wise one; for, in the end, he knew that such a choice was an untenable one, just as the Federal or Postal employee knows that filing for Federal Disability Retirement benefits is the one which will ultimately be the wise one.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The change is in us

We wake up each morning expecting the world to have remained unaltered during the night; yet, as Hume’s argument concerning causality would have us believe, there is no necessary connection we have identified or conceptually ascertained, but merely our imagination anticipating and projecting into the future, such that stability of the universe around us pervades in a constancy of regularity.

The surroundings remain familiar; the coffee machine is of the same make as when we left it the night before; even the dogs appear unchanged, ready to obey and begin the day in the fashion that canines are accustomed to.  Perhaps you bump into an object before turning on the lights, and you find that someone in the household has shifted it from where you last saw it.  You resolve to inquire about it later in the day, or are immediately satisfied that “X must have left it” and therefore the “mystery” is solved.  Never does it enter your mind that the world, in its own power of intended shifting, moved without direct causal intervention.  You step into the bathroom and look in the mirror, where the same features stare back.

Yet, what may be different, what results in a subtle but perceivable alteration, is not the world reflected on the wall behind, but the compendium of complex emotions, memories, thought-processes and cognitive intuitions having rested through the night, and now are awakened to perceive, judge, analyze and evaluate in the wakefulness of the moment.

It is us that changes.

As Kant pointed out, we bring human structures of perceptual constructs to the inert world which pervades and surrounds.  The universe we invade and occupy often remains constant, and in that rhythm of regularity, we find solace in a methodological quietude.  Yes, cars whiz by and honk their horns, and birds chirp in the early morning dawn, but such movement has already been anticipated and entered into the equation of our consciousness.  It is only if buildings move, like earthquakes responding to the tectonic shifts of unseen caverns, when we panic within the world of regularity we have created.

But then, sometimes, the outside force touches upon us directly, and that is when the peace and quiet of constancy becomes disturbed.

Medical conditions tend to do that — for they have a duality of existence.  It is a change “out there”, somewhere whether visible, as in a physical injury of open wounds, or “in there”, whether as an unseen pain correlated by a diagnostic test, or even a psychiatric condition which pervades and progressively debilitates.  But the duality exists precisely because the “there” is also part of the self which recognizes the change.

The change is not only “in us”, it is us.

And it is often that very duality of alteration which thus requires a further change in abutting against the unchanging and impervious universe around us.

For Federal and Postal employees who suffer from a medical condition, this realization that one’s own Federal agency or the U.S. Postal Service is unwilling to change, to accommodate or to transform in response to the medical condition, is a knowledge which is gained often through the harsh reality of confrontation and harassment.  For such Federal employees and U.S. Postal workers who come to this realization, the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a consideration which must be seriously entertained.

It is, for many, a realization likened to “growing up” in a world which is often cold, uncaring and unconcerned.

As agencies are behemoths which reflect the character of a society, so it should not be surprising that Federal agencies and the U.S. Postal Service are not entities which respond well to change.  For, in the end, we must always recognize that the most significant change in the history of shifting burdens does not occur in the textbooks of time, but closer to the heart of every individual, and it is not change in the “other” which calls forth the earthquakes resulting in tsunamis, but it is the change in us, as it is change which is us.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Faking it

We often judge the complexity and sophistication of a species by evaluating the extent of negative capacities.  Thus are humans considered to be advanced creatures because of the capability of lying, subterfuge, dissimulation, pretense of behavior, and other such undesirable characteristics. But other species can “lie” as well, if one accepts faking matters and circumstances as constituting that sort of advancement of evolutionary behavior.

Predators can “act like” they are asleep, or even dead or noticeably unaware, in order to lure the prey into a somnolence of cautionary approach.  Birds can mimicry others; and chameleons can adapt and change in order to engage in subterfuge.  But the true test of sophisticated advancement is the ability to defy an inevitable reaction to a cause, and to simultaneously suppress it.  As pain is a natural alarm system which the body necessitates a reaction to, so the act of concurrently concealing it requires an enormity of self-discipline rarely found in species other than in humans.

Federal employees and U.S. Postal workers who suffer from a medical condition engage in such subterfuge on a regular basis.  Whether in attempting to extend one’s career for a period greater than self-interest, or of necessity to survive among the pack of hyenas comprised of Federal agencies, their cohorts and co-conspirators, the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, faking it becomes a daily routine requiring self-containment and discipline of an extraordinary capacity.

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, is an avenue of relief where the threshold and intersection between concealment and level of pain can no longer be tolerated.  It is the exit by which Federal and Postal employees find where once there was none.  For, in the end, the predator wounded and laying in wait for the injurious cause to approach with lesser caution, in order for the prey to become the aggressor, the danger is that one may wait too long and bleed to death, and unknowingly reverse the intended fortunes of the day.

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