OPM Disability Retirement under FERS: The Long Slog

Whether impatience is a uniquely American characteristic (a flawed one?) or is merely something inherently inseparable from the human species generally is a debate for anthropologists and similar academic theoreticians to engage; but in any event, it does appear to pervade the American character in pervasive plenitude.

We are impatient about almost everything — and appear to be willing to abandon all “old ways” in favor of the “new”.  This leads to some disastrous results — as in our impatience for conflicts that last too long and our quick willingness to abandon our efforts because our goals were neither quickly nor easily achieved.

The Long Slog is always problematic for the impatient — for, it means that we must commit time and resources for periods beyond a murky, endless timeframe.  How long something takes cannot always be clearly quantified, and often the anticipated length must be ignored and, instead, achievement must be measured not in terms of time, but in light of merely remaining and showing a steadfast commitment to honoring a timeless commitment.

This is often difficult because other thoughts begin to intrude during the endless lull — Are we wasting our time?  What if we are throwing away good money after bad (a very common thought);  What if we never achieve our goal?  And many more such concerns, besides.  How do we counter the natural concerns of the Long Slog?

First, by clarifying at the outset one’s commitment to a process, and recognizing that the stated goal can only be achieved without regard to time, and Secondly, to accept that any timeframe anticipated should be multiplied by a factor of 10.

Commitment is a difficult value to uphold, and that is why a marriage covenant is so often broken — for, who can even conceive of honoring a promise “Till death do us part” without knowing the particulars of what a lifetime will entail?  All that goes into a “lifetime” — of joys and sorrows, of happiness, suddenly overshadowed by sickness and tragedies unforeseen — in short, the normal history of all of mankind.

Thus do so many people end in divorce and, similarly do long-term commitments become abandoned and forgotten human detritus.

Likewise, when a Federal or a Postal employee decides to engage in the process of preparing, formulating, and filing a Federal Disability Retirement under FERS through the U.S. Office of Personnel Management (OPM), one must mentally prepare for the Long Slog.  It is a long and arduous, complicated bureaucratic process involving potentially 3 stages, and with an “almost certainty” of an initial denial from OPM no matter how well-crafted and fully documented the initial filing is composed.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and begin to prepare for The Long Slog.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Retirement: Soundness of Sleep

Whether and to what degree we attain it depends upon so many factors.  Some contend that it has to do with a clear “conscience”, but one doubts that, as there are plenty of horrible people whose consciences should be bothered, yet who enjoy the soundness of sleep.  As “sin” is now considered by many an outmoded and antiquated concept, few are bothered enough to have an interruption in such soundness.

But then, goes the argument — Why are so many people unable to have soundness of sleep?

Diagnosed “sleep disorders” appear to be on the rise — of Obstructive Sleep Apnea; of interrupted sleep cycles such that the affected individual in unable to attain the restorative slumber necessary for the next day’s activities.  All sorts of medical “cures” are being offered: From sleep medications to CPAP machines and equipment; advice on what to do and not to do in the hour before sleep; and many other medical applications, all in order to assist in achieving that pinnacle of slumber’s bliss: The Soundness of Sleep.

For Federal employees and U.S. Postal workers who suffer from a medical condition — of Obstructive Sleep Apnea; Profound Fatigue; Excessive Daytime Somnolence, etc. — the impact upon one’s inability to perform the essential elements of one’s Federal or Postal job can be a primary basis in qualifying for Federal Employee Disability Retirement benefits.

Contact a FERS disability expert who specializes in Federal Disability Retirement Law, filed under the current retirement system for Federal employees, FERS, which is processed through the U.S. Office of Personnel Management, and see whether or not the lack of Soundness of Sleep may be a basis for your future Federal Disability Retirement benefits.

Sincerely
Robert R. McGill, Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Attorney Representation: Just…

We, all of us, are never “just”, as pigeonholed by nameless and countless others.  “Oh, he’s just…”.  “Oh, her?  She just….”

We fight against such restrictive categories; for, to be “just” is to be minimized, cast into perpetual irrelevancies, and forever “just” that which we just cannot be relegated to.  To just be the doorman, the janitor, the Project Manager, the Civil Engineer, the top-ranked Electrical Engineer — it is the narrowing designation of the “just” which underlines the injustice of it all.

There are, of course, exceptions — as when your son or daughter is overhead to say, “Oh, he’s just Dad” or “Nah, she’s just Mom”.  Then, of course, the “just” can bring a smile and the warmth of love; for, to be “just” a parent to one’s child is the rare time in life when reduction strips away all complications of life and reveals the straightforward, unfettered nature of a special relationship.  But in all other contexts, the “just” of reduction fails to encapsulate the greater complexities of the uniqueness of an individual.

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 position, the “just” label has likely become somewhat akin to: “He’s (or She’s) just someone who constantly fails to…”.

Such a reduction doesn’t even begin to scratch the surface of who you are.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, so that you can move on to the next productive phase of your life and leave behind those who reduce you to the “just” category.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Application: Denials

They come in various forms; of self-denials representing a sacrifice in order to allow loved ones to reap the benefits; of denials meant to avoid the ugliness of reality; or of denials which prevent a person from entering a premises, advancing in a career or progressing in an endeavor.  Of whatever form or content, they leave the denied applicant a sense of disappointment, a temporary state of suspension and often a profound feeling of uncertainty.

Does one “give up” when a denial occurs?  Or, does one find an alternate route, a way to rebut and with a reenergized sense of purpose?

To be denied is to be defeated for a time; to be defeated is to give up entirely; but to avoid the finality of defeat, one must regroup and counterattack, in whatever form that may take.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who have been forced to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management by necessity of an unwanted medical condition — a denial from the U.S. Office of Personnel Management is not the proverbial “end of the road”.  Rather, it is simply the beginning of the fight.  Who said that life’s pathways are easy?

Although OPM often makes it sound “as if” you never stood a chance, that your case was flawed to begin with or that there was never any validity to the claims you have made, that is simply their opinion on the matter.  What matters is whether your case has merit, and the merit of a case depends upon the laws governing FERS Disability Retirement Law.

Consult with an attorney who specializes in Federal Disability Retirement Law, and don’t let a denial automatically lead to a defeat; for, there is a reason why Federal Disability Retirement allows for various stages of appeals — precisely because a denial by OPM is not the end of the matter, but merely a beginning to the fight which must ensue.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The Forced Choice

One may, of course, counter that a choice which is “forced” is actually no choice at all, and such a rebuttal possesses some merit.  However, the rebuttal to the rebuttal is to say that it all depends upon what one means by “forced” — as in, was one’s liberty to choose otherwise restricted, or is it used in a looser sense, as in, “I just felt that I didn’t have any other choice, so I did X”?

Thus, if a person walks into an ice cream shop and there is only one flavor of the creamy product, one may say dejectedly, “I didn’t have any other choice, so I bought a gallon of ice cream.”  There was, of course, the silent other option — of not buying any at all — to which a person might respond, “Yes, if the original contingency was encapsulated by the thought that ‘I want some ice cream’, then based upon that paradigm, the narrow choice-making was limited to purchasing whatever ice cream that is available.”

Further, can one argue that the “sub-choice” was the amount of ice cream purchased — for, was there not a choice of a greater or lesser amount, as in a pint instead of a gallon, or 5 gallons instead of one?

Countering that issue, of course, is to go back to the “primary” paradigm of the choice — for, if the contingency was the issue of having-X or Not-X, then the secondary choice-making of the quantity or volume of the purchase is a collateral, inconsequential matter.  Thus, what is important to glean from such a discussion is to recognize and identify what remains as the essential contingency of a choice-making process before one complains that a person was “forced” into a choice.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, it is important to begin the process of considering whether or not to prepare, formulate and file a Federal Employee Disability Retirement application.

What are my choices?  Can I continue to work while I await the long process of a FERS Disability Retirement application?  Must I resign from the Federal Agency or the Postal Service?  Must I accept any and all reassignments offered, if offered at all?

These, and many other questions should be considered before one concludes that there were no options at all and that the only choice was a “forced” choice, which is no choice at all.  For, in the end, even the person who had no choice but to buy a gallon of vanilla ice cream had other options — like traveling to the next block or another town to go to another ice cream store.

For the Federal employee or Postal worker considering Federal Disability Retirement, consult with an attorney who specializes in Federal Disability Retirement Law to understand the options available.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Favoritism

There was an interesting article the other day, where certain public schools were attempting to banish the use of the term “best friend” from the ordinary and daily usage by students.  Now, the immediate reaction by some would be:  Uh-oh, here comes another “politically correct” movement that is based upon the foolish idea that social engineering can be attained merely by manipulating language’s daily discourse by simply expunging the vocabulary we engage.

That is what Orwell’s point was, isn’t it — in that part in his novel, 1984, when there is the discussion of the New-speak dictionary that would be coming out in the fictionalized society of Oceania — of a dystopian world that determines thought by controlling the available words we use?  By expunging and extracting, diminishing and destroying certain words, phrases, concepts, etc., we then limit the ability of an individual to engage in certain thoughts — thereby restricting and ultimately erasing any capacity to discuss and communicate such conceptual constructs.

Some positive idealists would believe that human creativity would somehow remain victorious over such totalitarian methods, and find ways to communicate, then create “new” ideas — newer than the anomaly and counter-insurgency of New-speak — and still come up with alternative words and phrases to replace any such attempt at erasure and extinguishment.  But even Orwell doubted the success of such an endeavor, no matter how hard we try; and thus the dark ending to the novel, 1984.

But back to “outlawing” the references made on the playgrounds all across the country or, likely, across the spectrum of the world — would two or more children still engage in the behavior of “best friends” regardless of the expungement of the language identifying it as such; and if so, what would be the purpose of extinguishing the language if the underlying act itself continues to remain?  Won’t children on playgrounds the world over engage in favoritism and concomitant exclusion because unexplainable attraction is the natural order of the universe?

Of course, social engineering initiated at an early age has a purposive direction which can be seen in later life — as in the Federal employee and U.S. Postal worker, where favoritism prevails no matter how many laws, statutes, regulations etc. are imposed and upheld.  Fiefdoms of every kind will always exist, and totalitarianism will often prevail.

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, the concept of “favoritism” — growing out of the tender years of “best friends” but taking on another name and form — begins to take on greater meaning.  For, its opposite — disfavor — begins to be applied for the Federal employee or U.S. Postal worker who is no longer “as productive”, not fully a “member of the team”, and shows signs of slowing down; and then the harassment begins, just like when we were children and the pecking order always favored the bully and disfavored the weakling runts of the world.

At that point, it may be time to consult with an experienced attorney and begin the process of initiating a 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 — sort of like going and “telling” on that bully.  Maybe so — but it is a necessary next step.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: In the end…

What is it about a phrase that predictably tells us about the mood, content or direction of the mindset?  If a person begins with, “Well, it all began when…” — we will often stifle a yawn, try to make excuses and begin heading for the exits.  Self-aggrandizing, prefatory remarks that set the stage for a narrative delineation that includes private details of individual lives often bore the pants off of most people, and yet many will “tell all”, as if such intimate details trigger a prurient interest within each of us.

Then, of course, there is the opposite, as in: “In the end…”.  What fills in the ellipses?  In the end…the world will all go to the trash bin of history’s footnotes; In the end…we all die, anyway?  Such opening phrases and closing remarks leave out the vast chasm of filling in “the middle”, of course.  How does a story begin, tell the narrative in an interesting manner in “the middle” and end with a bang?  That is the problem, isn’t it?  Most of us don’t have a clue as to how to tell an interesting tale.

And what about non-fiction — of a historical narrative or of a biography?  What makes for an interesting “telling” of it — of what details of a person’s life; what incidents should be included?  What peripheral, tangential details will make for an interesting and engaging read?  Is a biography incomplete if the author leaves out certain details, or does it matter?  What “events” are presumed and should therefore be excluded, and can it really be said that certain excluded moments are considered to be excluded at all?

For example, it is presumed that a person goes to the bathroom a few times a day, at least — but what if, during the narrative of a biography or a historical period, such activities are never mentioned?  Can we call up the author and demand to know why such historical “facts” were excluded from the biography of, say, an important figure?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may be necessary to begin to formulate 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.

As part of that “administrative process”, it is necessary to complete SF 3112A, Applicant’s Statement of Disability.

In preparing the narrative story of one’s medical condition, it is important to convey the essential “story” — a historical account; a prefatory introduction; a “middle”; and an “In the end…”.

What details to include; the choice of words; whether in the first-person or 3rd-person narrative; of what legal arguments to include; whether to “exclude” certain details without being charged with “falsifying” a claim, etc. — these are all important considerations in the proper, complete and sufficient preparation, formulation and filing of an effective Federal Disability Retirement application, and it is vitally important to do it “the right way” when preparing SF 3112A — the core and essence of a FERS Disability Retirement claim — which, in the end, is the story of your tale that needs to be told.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Reversal of Fortune

Life itself rarely reflects a steady, linear progression on a graph; the zig-zagging representing times of economic turmoil more accurately profiles a person’s span of existence.  Moreover, one’s career is not necessarily the essence or paradigm of a given life’s experience; there are multiple factors, including emotional, births and deaths, marriages and medical conditions.  How does one quantify an experience?

The methodology we seek is often purely in monetary parallelism:  if one receives pay raises and cash rewards, then one’s career is considered to be on an upward trajectory; if one gets a reduction in salary (with or without a concomitant demotion in position), then the loss of linear progression is deemed a failure of sorts.  But like marriages, and life itself, careers never merely reveal a positive path of progressive purity; ask Elizabeth Taylor, who skews every statistical analysis of marriages and divorces.  And then, of course, there is the interruptive influence of a medical condition.

For Federal employees and U.S. Postal workers, the daunting doldrums of a medical disability reveals many things not reflected on a graph of life:  the bother; the interruption of a career; the fear imposed; the dealings with coworkers; the reaction of the agency or Postal Service; the need for surgical and other procedures; a whole host of activities not previously contemplated.

For the Federal and Postal employee who finds that a medical condition begins to prevent one from performing one or more of the essential elements of one’s job, consideration then needs to be given for filing with the U.S. Office of Personnel Management, whether one is under FERS or CSRS, or CSRS Offset, of an effective Federal Disability Retirement application.

Yes, unfairness is a characteristic of life not reflected in the graph of microeconomics; yes, sometimes experience teaches us that the proverbial cards are stacked against us; and yes, reversals of fortune constitute a reality rarely taught in classroom social studies.  But as life’s experience is never accurately or fully represented by mere lines and numerical paradigms, so a biography of a historical figure can never be captured, as fortunes and reversals thereof can never embrace the complexity of human folly.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Value of Consistency

Consistency establishes validity; validation results in enhancement of credibility; and credibility prevails over minor errors and unintended oversights.  In analyzing a narrative, or engaging in a comparative analysis of two or more documents, it is the factual and historical consistency which allows for a conclusion of validated credibility. When a pattern of inconsistencies arise, suspicions of intentional misdirection beyond mere minor error, begins to tinge.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, or even CSRS Offset, the question of sequential order of documentary preparation is important.  Such relevance on this matter can be gleaned if the preparation is looked at retrospectively — not from the beginning of the process, but rather, from the perspective of OPM and how they review and determine cases.

With that perspective in mind, it is important to prepare and formulate one’s Federal Disability Retirement application based upon the appreciated value of consistency, and as consistency of statements, purpose, coordination of documentary support and delineated narrative of one’s disability and its impact upon one’s inability to perform the essential elements of one’s positional duties is recognized, an effective Federal Disability Retirement application will be formulated with deliberative efficacy, and where retrospection through introspection will result in increasing the prospective chances of success.

Sincerely,
Robert R. McGill, Esquire