Federal Employee Disability Retirement: The Focus of Things

Paintings, photographs, artwork of any kind — the author, artist, poet or photographer often wants you to focus upon certain things.  The background, the context, the foreground left unfocused; or, of a certain object, person, entity or subject which is the primary point of the display before you — was it deliberately intended, or was it an accident?

Sometimes, by mistake, an accidental capture of an unintended incident or subject which was not originally the focus of things to become prominent, is suddenly recognized as being more important or relevant than first thought.  But that is a rarity.  The focus of things is normally an intended act.

Thus, in a Federal OPM Disability Retirement case, the U.S. Office of Personnel Management will deliberately focus upon certain issues.  Why is that?  To try and defeat and deny a FERS Disability Retirement application based upon what they believe is the “winning” issue for them.

From the Applicant’s perspective and viewpoint, the focus is often quite different.  And, of course, there is a difference in focus between being a “patient” of a medical condition trying to get better, and being an applicant for a FERS Disability Retirement annuity.

It is, in the end, the focus of things which can make a difference, and the reason why you need a lawyer in order to obtain Federal Disability Retirement benefits is precisely because the focus of things is quite different — as in, an advocate for your Federal Disability Retirement application can make the difference between a focused approach and an unfocused one.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

OPM Medical Disability Retirement: The Swing of Things

How do you explain such an idiom to a foreigner?  How do you explain it to yourself, or to a friend or family member?

It is a phrase which is often used, rarely considered, and never questioned.  We say such things without thought and, if it fits the context, no one ever pauses or stops to question its applicability.

The Holidays are over; people have been on a somewhat extended break; and in returning to work, someone says, “It’ll take some time to get back into the swing of things”.  Others smile, nod in agreement, or utter supportive addendums.

Someone comes back from maternity leave; an elder person enters as a Freshman/Woman in college; a young novice begins a job; to all, someone declares, “It may take some time to get into the swing of things.”  All appropriate applications?

A person has been working at a job for over 2 decades.  Someone says audibly in the middle of the day, “It takes time to get into the swing of things.”  People look up quizzically.  An inappropriate application?  But why?

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, is the idiom, “It is difficult to get back into the swing of things” appropriate?

If not — both because there are no potentialities for ever “getting back” what has been lost, and because the medical condition has gone beyond the ‘difficult’ and into the ‘disabling’ stage — it is time to consult with an OPM Disability Attorney who specializes in Federal Disability Retirement.

The “swing of things” must now be something different from your current Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The chasm

It is that expanse between fantasy and reality; of the indentation after the existential encounter with the world deflates the puffery that enlivened us in the first place and compelled one to test his or her mettle against the greater world; and it is the test that withstands, as opposed to mere words that fail when pushed against the substance of the universe.

Virtue is great in a vacuum; it is only when it is tested against real temptations that one can decide upon its existence, or likely not.

One can say of a husband and wife who live on an island, secluded from the rest of civilization, that they are such a “faithful” people; but if not tests arise as to the faith of their fidelity, what good is virtue in a vacuum of an untested existence?  Or of the principled individual who enters into politics — you know, the allegorical “Mr. Smith who goes to Washington” — with innocence and an unstained character; of him or her, we begin with, “Oh, such a principled person!  So unspoiled!  So unable to be corrupted!” But the test of a person is not at the beginning; it is when the chasm between concept and the wide expanse towards reality is finally bridged; then, and only then, can we make any judgments about virtue, truth, reality and one’s character.

For the Federal employee and U.S. Postal worker who suffers from a medical condition where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it is the reality of the current situation and the realization that one’s Federal Agency or the Postal Service, and the people who one worked/works with, that comes to the fore in realizing that, NO, the world is not such a nice and accommodating place.

Others begin to whisper; you begin to feel shunned; you are no longer the star that shines upon the face of an otherwise incompetent universe.  Filing for Federal Disability Retirement is often the best option available, if only because the Federal Agency or the Postal Service is unwilling to “work with you”.

The chasm between dreams unrealized and the ugly truth of others may finally be bridged; but in the end, the bridge that needs to be crossed is the health that is deteriorating, and that is why preparing, formulating and filing for Federal Disability Retirement benefits, whether you are under FERS, CSRS or CSRS Offset, is an important next step in closing the chasm between what you would like to have happen, and what must occur in order to secure a stable future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Chaldean and Pythagorean Numerology

Is it a submission to determinism, or is there some hint of validity other than a self-fulfilling prophesy?  Can names, dates and events be translated into a numerical construct such that predictability of one’s future can be ascertained?

The differences between the two are apparently substantive; the algorithms and numbered “personalities” are altered when the spectrum of equations (1 through 8 under the Chaldean system, and the addition of the next number in sequence under the Pythagorean methodology); and under the Pythagorean Numerology, the system pays greater attention to the full name at birth rather than to the nickname daily used by an individual, where weighted significance is granted upon an emphasis of letters included.

Historically, the Chaldean system has remained staid since the times of Babylon, whereas the Pythagorean Numerology has evolved into modernity, with minor changes and methodological alterations utilized to adapt to modern day applicability.  Both are forms of ancient Astrology and Palmistry, where the interaction between the novice who approaches for foretelling encounters a “system” utilizing numerical alignment, predestined aura and the wisdom of the one who is schooled in the ancient cosmos of rational defiance.

Is it all puff and nonsense?  Perhaps; but of what percentage of our own beliefs constitute a similar system of mystical ambivalence?  Do we read the horoscope?  Are some days more hapless than others?  Do dogs bay at the full moon, and do wolves and horses run wild in their full light of darkness?  Or, when Mars is aligned with the satellites unseen, when the reflection of a full moon’s embrace upon a pond’s quietude in twilight’s shadow, are there greater crimes of the soul committed?  Why are streets filled with rows upon rows of Palmists where long lines of anticipatory trembling and drops of sweat tickle down the side of the armpit while awaiting the foretelling of our soul’s destination?

Yes, for some, it is mere fun after a night of drinking to dare one another to have the inner essence searched and revealed; and yet we live still within the confines of our own mystical abandonments, do we not?  Do we curse the universe for the bad day we experience, or buy a lottery ticket despite the numerical odds of wasting that dollar?  Is science the pinnacle of human achievement that squeezes out the possibility of gnomes, hobbits and angels who fly in the midst of foggy mornings to garner the sins of fallen souls?

Yes, Chaldean and Pythagorean numerology are systems largely outdated and unmasked as unscientific, largely because we have replaced them with paradigms that are acceptable to modernity.  But mysteries still abound.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits because of a medical condition which impacts or otherwise prevents the Federal or Postal employee from continuing in one’s chosen career, the question with the background of Chaldean and Pythagorean Numerology is the following:  What methodology are you going to adopt and apply in preparing, formulating and filing for Federal disability Retirement benefits?  Is it thoughtful, methodological, sequential?  Is it based upon current legal precedents?  Do you understand the pitfalls and the underlying import by the cunning questions asked on Standard Form 3112A?  Or, is it tantamount to Palmistry and a reliance upon an outmoded mystical aura of Chaldean or Pythagorean Numerology?

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The wrong target

What if you are involved in the highest levels of competitive marksmanship – say, target shooting by a rifle, or crossbow, or bow and arrow, or even by a pistol.  You shot throughout the morning, and hit the bulls eye every time; your opponents try to keep up with you, but at each level of competition, there is a slight deviation here, a centimeter there, and systematically, the competition is “eliminated”, and you are left standing at the podium of the “winner”.

As the trophy is brought out, the Chief Judge who is about to present the awards and ceremonial crown, pauses, reflects for a moment, and declares:  “Sorry, but it turns out that you were shooting at the wrong target each time.”  They then present the accolades to the “runner up”, who was shooting on the same range, aiming at each turn at the target set up in his or her respective lane of sightings, and seemed to follow the protocol as set up by the competition and the committee of judges.

You go and question the judgment of the judges, and especially address the Chief Judge, protesting:  “What do you mean?  I shot at the target that was set up.”  “But you shot at the wrong target.  Your target was the one in the lane next to you.  You shot in Lane A; you were supposed to be in Lane B”.  And you argue:  “But that is irrelevant.  Lane A is the same as Lane B, and there is no difference between the two.”  And the Chief Judge says:  “Look at your designated Card Assignment:  It states without question, ‘Assigned to Lane A’.  Yet, you shot all targets in Lane B”.  You persist in arguing:  “But what difference does it make?  It is the same target whether I am in Lane A or Lane B?”  And the kicker from the Chief Judge:  “In life, you can’t just do what you want; you have to obey the rules.”

Who is right?  Would it matter which lane one is assigned to, and whether obedience to the protocol and adherence to the “letter of the law” is followed, when the substantive point of the whole process – hitting the target – is clearly accomplished beyond the competence of all others?  We often encounter that anomaly in life – of the seeming conflict between the technicality of the issue (the “minutiae” otherwise unnoticed by the rest of the population) and the general adherence based upon common knowledge and boredom of repetitive protocol.  It may well be a trite redundancy, but when a “technicality” is involved, then a technician is the one to call.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of the “wrong target” and the “technical violation” of the rules is appropriate to recognize and consider:  For, in Federal Disability Retirement Law, as in many other facets of legal wrangling, making sure that the larger compass of hitting the “right” target, as well as keeping within the proper lane of technical legal issues, are both equally important in preparing, formulating and filing an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management.

The “wrong target” is the agency; the “right target” is the U.S. Office of Personnel Management.  The “technicalities” encompass the statutes, laws, regulations and legal opinions as rendered by the U.S. Merit Systems Protection Board and the Federal Circuit Courts on issues pertaining to Federal Disability Laws litigated as precedents.  And, who is the proper “technician” to call?  An attorney who is experienced in fighting the cause for Federal and Postal employees, to obtain Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for Federal and Postal Employees: Like the Wind-Up Toys of Childhood Yore

They were innovative creations, precursors of the digital age and battery-powered contraptions.  The disadvantage, of course, was in the limitations imposed by the length of the coils allowing for winding, releasing, then causing the movement; and so the appearance of independent animation lasted merely for the duration of the internal mechanisms and the capacity allowed by delimited space, time and mechanical release.  Like the belief in the invisible thread gently pulled by gods and angels designated to protect, the mechanism of innovation in propelling wind-up toys lasted in limited form.

For Federal employees and U.S. Postal workers who feel as if they are mere pawns and wind-up toys, the sense of limitation is self-imposed through continuing in an environment which fails to foster or  remain intrigued.  The child who spent hours winding up the fascination of one’s imagination, watched the toy engage in its repetitive movements, but never lost the focus and concentration and ongoing relishing of delight in a simple contraption, is like the agency who once catered with loyalty and encouragement to the needs of the Federal or Postal employee.  But the medical condition which begins to prevent the Federal or Postal employee from performing all of the essential elements of one’s positional duties, or requires greater time and effort, is like the reaction of that same child who loses interest because of the broken toy which fails to provide the pleasurable interests engendered and fails to give thought of repair or redemption, but merely of replacement.

When the commonality of childhood dismay and adulthood crisis converge as parallel universes of clashing calamities, then it is time to consider preparing, formulating and 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.

Filing for FERS or CSRS disability benefits, for the Federal or Postal employee, is a time of reckoning; of understanding what one’s medical condition has portended; how it has impacted one’s place in the Federal agency or the U.S. Postal Service; and where events and circumstances have lead one to.  And the time to file for Federal and Postal Disability Retirement benefits is not when the coils of the wind-up toy gives out, but long before, when the fascination of childhood innocence still tickles the glory of inventive interest in the world around, lest the spark of humanity be stamped out forever like the brokenness experienced with the stoppage of inner workings of the wind-up toy of childhood yore.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Laws: Confirmation and Affirmation

The former is both a religious sacrament in Church doctrine, as well as a state of establishing that something is true or correct; the latter, an act or statement of support for that which was previously thought to be so.  Both imply a previous state of foreknowledge, or at least an indication of some prior existence of validity; it merely needed a further stamp of approval or attestation of verification.  And that is how most opinions are sought, aren’t they?  In our own minds, we already know the answer; the search for counsel is not for new revelation, but merely a confirmation of that which we know, and the affirmation of what is needed to be done.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts the capacity and ability of being able to perform the essential elements of one’s positional duties, the recognition for the need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is determined far in advance of any phone call to an attorney for guidance and counsel.

The search for “advice”, as the term is loosely presented, is often to merely confirm that which is already known, and to affirm the process which has already been discovered.  For, the medical condition itself already tells the Federal or Postal employee of the necessity of filing for Federal Disability Retirement benefits through OPM, and the agency’s unfriendly and often hostile response has established the harbinger of one’s future.

Like secrets between nations and skeletons in one’s proverbial closet, the preparation, formulation and filing of Federal Disability Retirement benefits through OPM is somewhat of a formality; it was known already for quite some time, but the Federal and Postal employee just needed to confirm and affirm the inevitability of necessity already revealed, but wanting of declaration.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Adrenal Fatigue

One need not be officially diagnosed with Addison’s Disease in order to incur the wrath and ravages of adrenal insufficiency.

Life’s multiplicity of compounding and complex stresses; exhaustion beyond merely feeling “run down” or otherwise out of synchronized balance from everyday feelings of adequacy; a sense of profound fatigue, where cognitive dysfunctions develop, and where symptoms of falling asleep at meetings, where the world appears at times to become a distant echo chamber and what others view as a normal pace appear in dizzying fashion of incomprehensible clatter of distractions; and where visual disturbances occur systematically as one attempts to view the computer screen and perform work which, in previous times, was merely mundane and monotonous, but now requires an effort beyond sheer force of will.

Does modernity and technological stress contribute to medical conditions which may have no name, and often defies pigeonholing because of the mysteries of the human body and psyche?  A broken arm is easy to identify, and normally just as correctable; a cervical or lumbar disc degeneration, perhaps a bit more complex, but often manageable; chronic pain, but for a parallelism between objective testing and pain points, sometimes an anomaly; psychiatric conditions, of greater mystery which has become too often a pharmacological corridor for treatment modalities; but where profound and intractable fatigue more often than not is beyond the capacity to be diagnosed.

However one characterizes it — of adrenal fatigue, insufficiency, chronic fatigue syndrome, or other designations of type; it is ultimately the reality of the daily toil and turmoil with which the patient must contend.  For Federal employees and U.S. Postal workers who experience such a state of physical and psychiatric condition, 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, may be the best and only alternative available.

In the end, adrenal fatigue may be more than an endocrine imbalance; there is often a complex component where multiple medical conditions ravage the body and mind, and as with so many issues in law and life, there is a vast chasm between having a medical condition, being properly treated for the condition, and proving one’s medical condition in law such that one can be found eligible for Federal & Postal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fatigue, whether of the adrenal kind or of resulting impact from a lifetime of stresses, is a basis for Federal OPM Disability Retirement; attending to the condition should always be the first order of business; proving it, the second and subsequent thereafter.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Chasm Between Sanity and Twilight

Sometimes, there are moments of clarity where one is left with wonderment at the behavioral folly of individuals, organizations, and groups of collective consciousnesses (what an untenable word — the pluralization of that which ends in what appears to be the plural form of the noun).  Whether one agrees with the Supreme Court’s holding that corporations should be treated as “persons”, the fact is that organizations act in collective aggregates in similar manners as individuals and amoebas.

Group-think, herd mentality and symbiotic consciousness of behavior is not unfamiliar to us all; for Federal and Postal employees who suffer from a medical condition, and where the medical condition leads the Federal employee or the U.S. Postal worker to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether that Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is a fairly routine matter that engagement with one’s agency can be characterized as one of hostility, unpleasantness or unfriendly separation.

Why this is so; what bonds of loyalty become severed merely because the Federal or Postal employee expresses an intent to terminate the employment relationship as a consequence of the onset and intervention of a medical condition; and how the contextual animosity develops into a flashpoint where the Federal agency or the U.S. Postal Service believes that it must initiate adverse actions or punitive measures; these are all wrapped up within the conundrum of complexities which characterize the human condition, and that is why organizations and organic aggregates of individuals comprise a compendium of human behavior.

It is, in the end, an unexplained and incomprehensible phenomena; what it is; how it can be explained; where one goes to for enlightenment; these questions must be relegated to the dark corners of behavioral recesses within those chasms between sanity and twilight.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Stages

Life brings about natural “stages” — paralleling certain age requirements, with subsets and parenthetical footnotes as to each.  As the queried riddle posed by the Sphinx (“What has four legs in the morning, two legs in the afternoon, three legs in the evening, and no legs at night?”) brings about clarity of identity, so the stages of life provide a glimpse into the inherent complexity of man’s psyche.

It is, in part, an inevitability; but to say that all such epochs of behavioral vicissitudes are pre-determined or otherwise inevitable, is to ignore man’s free will, and the capacity to adapt, change and recognize the surrounding environment and realign accordingly. Do artificial stages reflect or parallel man’s natural stages?  One wonders.  For, as man is the creator and inventor of such artifices, do we recognize the inevitable parallelism between that which we mold, and from which we conform the substratum of life?

For Federal employees and U.S. Postal workers preparing, formulating and filing for Federal Service Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the administrative process identified as “Federal Disability Retirement” presents itself in multiple potential stages, also.

There is the initial application stage; then, if it is denied by OPM, one has the second Stage to have it “Reconsidered” (and thus the name, the “Reconsideration Stage”); if denied a second time by OPM, then one can appeal the Federal Disability Retirement case to the U.S. Merit Systems Protection Board; and further, if the Administrative Judge at the MSPB rules against the Federal or Postal employee in a Federal Disability Retirement case, one has the further appellate right to file a Petition for Full Review, then an additional appeal to the U.S. Court of Appeals for the Federal Circuit, or to bypass the Petition for Full Review and go directly to the U.S. Court of Appeals for the Federal Circuit.

Somewhat like the Riddle of the Sphinx, there are normally 4 (sometimes 5) stages to most administrative processes, and Federal Disability Retirement is no different.  The difference is found in the fact that, unlike those complex stages in natural life, we have the capacity and opportunity in engaging the artificial stages presented, to add, make corrections, and supplement the mistakes made previously.  But that we could do more of that in our natural lives!

Sincerely,

Robert R. McGill, Esquire