OPM Disability Retirement: 2 countervailing rules

Here are 2: If you have an idea late at night, unless you write it down, you will never remember what it was in the morning.  The other half of the countervailing rule?  In the morning, it won’t seem as profound a thought as it first appeared late the previous night.  Or: Forgiveness can come easily when once you admit to your fault; and the counter to that — if it is your spouse or close relation, don’t think that you won’t be reminded of your need for forgiveness when once the first sign of trouble appears.  And another: Time will heal; yet, the countervailing reality: others rarely care to sacrifice their time in order to allow for the time needed to heal.

And for Federal and Postal employees 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 first “rule” of the 2-part countervailing rules of life is often: “Oh, I have been such a good employee all of these years, I am sure that my Agency or the Postal Facility will be understanding while I prepare a Federal Disability Retirement application — for, doesn’t all of those years of good service count towards a good-will well deserved?” And the countervailing rule to that is: “Buddy, you’re no longer going to be a part of this team, and what you did yesterday counts only until this morning, and no more. Let us give you a freshly-minted medallion that you can pin on your lapel, and boot you out the door the moment we discover that you are planning to file for Federal Disability Retirement benefits — even though you are doing only that which you have a perfectly reasonable right to”.

And thus do the countervailing rules always come in a duality of balancing coordinates; and, unfortunately, the behemoth of a Federal Agency or the U.S. Postal Service always seems to have the upper, dominant hand, which is why you may want to first consult with an attorney who specializes in dealing with such countervailing rules of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: The effective legal argument

What makes for an effective legal argument?  It is a question often asked, and pondered by many.  For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, the issue is often preceded by another question:  What makes for an effective Federal Disability Retirement application?  Must legal arguments be made at the outset, or will the mere gathering of relevant medical documentation itself suffice, without the burdensome addition of legal argumentation?

Is the introduction of law and reference to legal citation necessary, and does such necessity enhance efficacy and chances of success at every stage, or just in the later stages – i.e., before an Administrative Judge at the U.S. Merit Systems Protection Board, or before a panel of Judges in a Petition for Full Review (often referred to as a “PFR”), as well as before a panel of 3 Judges at the highest level of the process, the Court of Appeals for the Federal Circuit?

Certainly, the process itself does not “mandate” a legal requirement for argumentation of law; yet, inherent in the system itself – or, because there are multiple legal opinions, precedents and statutory foundations which form the core of every Federal Disability Retirement application – it is a “good thing” to include legal precedents and foundational arguments in preparing and formulating one’s Federal Disability Retirement application.  Is it necessary?  Is it “absolutely” necessary?  Just as the insertion of more adjectives and adverbs do not enhance clarity of answers, so the question itself must be judged by the relative importance of omitting that which may not be required, but which may be helpful in increasing the statistical correlation to a successful outcome.

Law cannot ultimately be avoided, either in filing a Federal Disability Retirement application or other venues of justice and conflicts, anymore than one can drive down to the corner mart without having some nascent knowledge of the legal workings intermingled and intersecting with modern society.  For, in this complex society of compounding difficulties and systems of comingled conundrums, that which is not known or otherwise ignored, can indeed harm us.  Not being aware of the speed limit in traversing the short distance to the store can result in being stopped.  Not being aware of laws governing carrying or transporting of weapons can have even greater and dire consequences.

And, as all forms required to be filed in every Federal Disability Retirement application was and remains based upon statutes, regulations and precedent-setting opinions rendered by the Federal Courts or the Merit Systems Protection Board, so it is important in preparing an effective Federal Disability Retirement application to have some elementary awareness of the relevant laws impacting upon the criteria governing Federal Disability Retirements.

Few things in life exist in a vacuum, and preparing an effective Federal Disability Retirement application is no different.  In any arena of law, laws matter.  That may sound somewhat like a trite opinion, and an irrelevant repetition of a self-evident truth, but it is meant to merely be a reminder, that as in all other areas of life and living, in the venue of legal matters, providing an effective legal argument is an essential factor in winning a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Benefits: Reality T.V.

That we would have the imaginative capacity to invent such a medium and attract countless millions to sit and passively view the saga on a picture screen tells much about our species.  To be persuaded to suspend disbelief and discuss it as if it reflects a reality and can be designated as such, unmasks the myth of representing the pinnacle of the highest order.

Perhaps it is pure escapism which propagates the widespread popularity of such shows; or our desire to believe, which is that essence of being that caricature encapsulated by the quote often misattributed to P.T. Barnum, the greatest “showman” that ever was, who allegedly said that there is “a sucker born every minute.”  That the quote itself is associated to a fellow showman — a precursor to the television shows of modernity purportedly engaging in the make-up world of a reality no one has ever witnessed nor seen but through the dumbing influence of the idiot box, is appropriate and predictable.

What countless hours of wasteful time spent voluntarily barraged by datum destructive of digitally devoid dalliances; and yet we continue to add to their popularity.  No other species has the time, inclination or patience to sit for hours each day, tens of hours each week, in engaging an activity where the prerequisite is to suspend disbelief and become inert objects in a universe alive with activity.

Environmentalists often argue that the food we consume no longer provides the nutritional value once inherent, precisely because the biological dynamism once part of the soil of the earth no longer contains the living contingencies now depleted.

Inertness is everywhere around, and like the dystopian stories which have more recently become popular, the deadening of souls has been but a reflection of our own actions.  We invite most harmful things voluntarily — even reality which is unreal.  The one element we never “invite” into our lives, of course, is a medical condition; yet, when it appears and attacks, it often leaves us unable to face the very real reality of its debilitating and progressively deteriorating effects.

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 positional duties, the need to file 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, requires a suspension of disbelief, as well.  For, there is often that period of not quite believing that “you” will not be able to return to work, continue on in the career, or overcome this “temporary” setback.

Real reality is often rather uninteresting, especially in a world which provides entertainment that excites a deadened soul; but when that real reality becomes a reality such that the inertness of life’s reality must contend against the entertainment of Reality T.V., then it is time to push the “off” button of that technology which invades the hurting soul, and begin the hard road of real reality by preparing, formulating and filing an effective Federal Disability Retirement application through OPM, in order to save some semblance of a future reality hopefully not dystopian in its surreal reality.

Sincerely,

Robert R. McGill, Esquire