Federal Government Employee Disability Retirement Help: The Lengthy Process

The wheels of justice churn slowly — a statement, with all of its variances, which we are quite familiar with.  Those who have participated in the judicial system — whether in criminal law, civil litigation or administrative law (which is what filing an OPM Federal Disability Retirement / Medical Retirement applications falls under) — have experienced the reality of the metaphor.

It is often a burdensome endeavor, and one which encompasses, entails and encapsulates a deliberative body of a bureaucratic morass.

Can it be more efficient?  Can the “wheels of justice” be made to proceed faster?  No matter what the venue or forum — unless, perhaps, a case is filed in some sleepy midwestern town with a population of less than 100 — the volume of cases filed often dictates the efficiency of any legal venue entered.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits under FERS, with the U.S. Office of Personnel Management, expect that it will remain a lengthy process.  Within the confines of a lengthy process, however, to make the most of an inefficient system, contact a Federal Retirement Lawyer who specializes in OPM Disability Retirement Law, as an expert in the field will be able to make the most out of an otherwise inefficient system.

Sincerely,

Robert R. McGill, Lawyer

 

Applying for FERS Disability Retirement: Thinking Alone

It is, for the most part, a solitary act.  Yes, yes — there are “asides” and soliloquies that allow for intermingling of thought and statements propounded; but it is the insularity of the act, the privacy of the moment and the continuum of confined deliberation that makes for thinking to be an “alone” activity.

Thus is it a tautology to place the two words side by side: “Thinking” and “Alone”; for, to think is almost always to do it alone, and when one is alone, there is often nothing else to do but to engage in the act of thinking (although, one might quip, looking at most people with their vacant stares, one might substantively dispute such an assumption).

There are, of course, attempts at changing human nature:  Of group therapy; of collectivization of “brain-storming”; and of communal gatherings in order to think out-loud the cooperative interests of intermingling thought-processes; but nevertheless, by and large, thinking alone is an activity of solitary insularity, like Shakespeare’s characters reflecting upon one’s fate and future.

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, thinking alone may not be the best course of action. Consult with a Federal Disability Retirement Attorney in coming to a decision concerning one’s best course of action.

For, while the activity of “thinking” may be one that is normally performed “alone”, it is always important to remember that the process of gathering the relevant information in order to do that very activity of “thinking” should never be “alone”, but should include sound advice and counsel from an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

 

Disability Retirement for Federal Employees: The direction of life

We are told from a very early age that we must have one; like winds that carry seasonal warmth and jet streams that bring unseasonable temperatures, we are ingrained to be purposive, teleological and focused upon the goal in mind.

Wisdom-filled proverbs echo beyond the history of instructional transference from parent to child, community to individual and generation to modernity: aiming for the target; sticking to a task; seeing things to their completion; being patient in everything you do; treating others fairly; 5-step, 10-step or multi-step plans for one’s life; we are admonished throughout of the importance of having a direction in our lives, as if the destination has been predetermined and arriving is merely being pointed in the right direction, traveling some distance and getting there without thought.

Some people clearly follow such a linear route – like the proverbial straight line from point A to destination B; then, there are others who never seem to get a handle on such a concept, while most of the rest of us meander through a confounding maze and are stuck somewhere “in-between”, like those kids in the middle of a brood of accomplishments lost in anonymity between the oldest who is the star of the family, the first born and who gets the greatest amount of attention, and the last one who is the “baby” whom everyone fawns over.  But what if a community, a society, the nation as a whole, no longer embraces a cogency of purposive goals?

It is like that “cause” we all live and die for; where modernity scoffs to expunge such lofty ideals, the residue of the populace must abide by its dire consequences, where echoes of past vestiges haunt in cave dwellings of paintings now faded and meaningless, lost forever to the history of silent voices.

Once, there were causes to fight for – of man’s manifest destiny; of fascism to defeat; of the great “Red Scare”; of the domino theory occluding freedom and resulting in totalitarianism; of patriotism and the flag upon a hill; and other images, all the while where the fighting and dying is accomplished not by the sons or daughters of the wealthy and privileged, anymore, but by sons of southern belles and minorities who die or get blown to bits.

Of what door does one knock upon to get one’s direction of life?  Where, in life, do we get a free pass to obtain the map in order to even know where we are, where we are going, and how to get there?

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 positional duties, the direction of one’s life becomes fairly linear whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

There are three “pathways” to steer upon: Stay in the job and suffer; Resign and walk away with nothing; or, the best direction in such a life, is to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  And, even as to the second of the three roads taken (Resigning) – remember, you have up until one (1) year from the date of separation from Federal Service to file a Federal Disability Retirement application with OPM.

It is, in the end, good to have a compass in order to lead onwards in the right direction of life, wherever that may be, however one may obtain it, and whenever it is finally achieved.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Organizing the apocalypse

The apocalypse, by definition, has no future.  Whether by biblical reference, or in a generic sense where the foreseen event entails such proportions of catastrophic immensity, the concept itself is beyond the grasp of human comprehension.  It is where Being becomes non-existent, and the existential contrast of the conceptual puzzle encompassing Nothingness is somehow attempted to be understood, if only within the limited means of linguistic expression.

Poetry cannot abide the meaning; prose can barely describe its repose; and human thought is unable to grapple with the vicious circularity of its conundrum:  to comprehend it is to consider its very converse; to think upon the inversion is to extinguish all conceptual paradigms.  It is an act of self-immolation, where the devouring of one’s own flesh must by necessity occur in order to stave off the pangs of starvation, but where each bite merely ensures the death of the guarantor of life.

That is what Malraux touches upon when his characters discuss the self-contradiction of revolutionary movements; the very people who initiate such explosions can never be the ones who continue the implosions following; for, it is the breed itself which cannot remain in order to build.  By their very nature, the destructive forces must themselves disappear, lest the cannibalization of such extinguishment is the intended goal, which is never considered unless anarchy and dystopia are the ends sought.

We often think that those who are compelled by causes which history, in its visionary retrospective insights, can remain to maintain stability and administration of the revolutionary idea; but Mao proved otherwise, and the haunting bones of Cuba’s leaders where poverty, desecration of abandoned ideas and fading combat khakis declare to us that we wish Mick Jagger never came out of retirement.

There is, in every epic of historical proportions, a loss of meaning whenever the cause has been attained, and that is the natural course of life.  The question thus becomes:  Once the pinnacle is reached, what does one do?  In microcosms of life and smallness of living within the spectacle of the common man, the issue that remains and looms amidst is, How to organize the apocalypse.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents one from continuing in one’s chosen Federal or Postal career or vocation of financial stability, the fact that one must end one’s Federal or Postal career early is akin to an apocalypse, where hope is no longer a goal to endure.  That being a fact of irrefutable and irreversible content which arrives at a point of incontrovertible reality, the issue remaining which must be considered is, How do I rationally organize this apocalypse?

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the first step in ensuring that the metaphorical “revolution” which brings about a change uncalled for, like the wave of a historical sweep in epic battles of mankind’s folly, comes about in a rational, organized and steadfast manner, such that we are not left behind like the haunting whispers of Mao’s Cultural Revolutions or the stale cigar smoke from Castro’s toothless grin, where history laughs in the dark corridors of forgotten tombstones overrun with the swallowing of earth’s grief.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Avoiding the anarchy of thoughtless acts

Life requires acting; successful living demands thoughtful acts.  Every good stage manager recognizes the signs; there are those who float through the script, with nary a cognitive engagement; others who involve themselves with an exhaustive turmoil of stipends unpaid; and still, those who think that talent alone will carry one through, despite the mediocrity which has surfaced unabashed, and where fingerprints left behind of tattered devastation betraying the lack of success.

Do we ever really “get over” our own ignorance or arrogance?  It is said that the two go hand-in-hand, like cousins who dress identically, or twins who hide their natural jealousies by inventing figments of unborn siblings.  It is because we need to compensate for our ignorance that our arrogant character traits surface; and by our arrogant personalities, we reveal the depths of our vacuity.

In history, there never has been a successful civilization based upon anarchical designs; despots and totalitarian conduits aside, such an institutionalization of disarray would never work.  We already have that in supposedly “organized” governments: bureaucracies of mammoth proportions that continue to thrive on indolence and disrepair.

In a state of anarchy, there isn’t even the semblance of competence; as everything is allowed to work without rules, principles or vicarious rationalizations for perpetual existence, so the inherent despair of personal destruction would prevail over any healthy ego or psyche which attempted to reassemble and reorganize.

But what of individual acts?  Does cruelty originate from an anarchy of thoughtless acts, or do they appear from a deliberative consciousness of knowing resolve?  Must institutions reflect the disarray of individual minds, or does a collective anarchy somehow transcend the singularity of thoughtful vacuity, and translate by pure osmosis a secularization of bifurcated consciousness?  Since when was cruelty excused because of lack of thought, when all throughout history it was precisely that principled requirement which mandated good manners and decorum of proper living?

We have come to a point in history where we have accepted a degraded standard, an institutionalization of mediocrity, and thus the faceless shame of inhumanity.  In the end, we will pay a price for such a state of concession, with a thousand cuts inflicted daily.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of his or her positional duties, the daily harassment, hostile environment and constant bludgeoning of the fatigued workforce is but a microcosmic reflection of the greater macro-indicia of a world gone mad. One may take some consolation in the dismissive aside that, “It is nothing personal” – but that is indeed some minor conciliatory excuse.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the best option available, but it is that which attempts to preserve a scintilla of dignity, as a safeguard away from the daily imputation of cruelty designed, and a means to avoid the anarchy of thoughtless acts.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: On the spectrum between fear and overconfidence

The “what ifs” of life tend to predominate; then, from the deep recesses of brute carnality, where evolutionary Darwinism remains wired in the DNA of a time when civilizations were yet to flourish, and where tea cups were merely in the imaginations of more genteel souls, a sense of uprightness, fortitude and strength of inner character dawns, and we walk out the door refreshed with a sense of deliberative purpose.  But it turns out that such fleeting flourishes of fortuitous firmness lasts but for a twilight, and then we desire to crawl back into the womb of our former skeletal selves.

Fear is how most of us live, despite the outward face of bravado and confidence.  We fear what others might do to us; how the economy is a mysterious force over which we have no control; of deteriorating health; of life itself.

Then, there are days when a calm sense of overconfidence prevails; without any reason or rationale, or perhaps we watched a movie or television show where a certain character manifested a bright and hopeful sunshine of unperturbed calm; but that was yesterday, and lasted but for a fortnight of winks and nods.  For the remaining days, we recognize that it was all an act; and so we live in trembling and fear.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s Federal or Postal position, that placement on the spectrum between fear and overconfidence is well know, recognized, and familiar as the warmth of a mother’s caress.

What the agency will do; what coworkers conspire; what the next news of the deteriorating medical condition; these all fall in favor of the “fear” side of the spectrum.  Those “other” things which call for confidence in the future over and beyond — they come in a spatter of popping grease, and make us wince with the momentary pause of a tap of reality, and then disappear.

How does one escape that spectrum of unrelenting reminders?  For the Federal employee and U.S. Postal worker, there is always the option of filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.  Obtaining a Federal Disability Retirement annuity is not merely a benefit to be gained; rather, it is an opportunity to take the next step in life, to a beyond where future career and vocation choices may allow for productivity outside of the Federal Sector.

Thus, for the Federal or Postal worker who is under FERS, CSRS or even CSRS Offset, preparing, formulating and filing for an effective OPM Disability Retirement application is the first step towards taking a turn away from the treadmill of that dreaded pinpoint of our lives, where we are stuck in the middle of the spectrum between fear and overconfidence.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Attorney: The Social Security factor

For Federal and Postal employees under FERS, who now comprise the majority of the workforce in the Federal government, the issue of when to file for Social Security Disability benefits (SSDI) while concurrently filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often a recurring question.

On SF 3112A, at the very bottom of the standard form, there are two boxes to check with respect to whether (A) Social Security disability benefits have been applied for, and (B) whether the receipt has been attached and included with one’s Federal Disability Retirement application.

Since most FERS Disability Retirement applicants are still on the agency’s rolls as either active employees, on Sick Leave, Annual Leave or Leave without Pay, the filing for Social Security disability benefits becomes an anomaly, a puzzle and a conundrum, precisely because of the following: Ultimately, the reason why Social Security disability benefits must be applied for, is to see whether or not a coordinating “offset” between FERS Disability Retirement benefits and Social Security disability benefits will be appropriately imposed (a 100% offset in the first year of concurrent receipt of benefits where the annuity rate for the FERS Disability Retirement annuitant is set at 60% of the average of one’s highest-3 consecutive years of service; then, every year thereafter, a 60% offset during each year of concurrent receipt of Federal Disability Retirement benefits at the Federal Disability Retirement annuity rate of 40% of the average of one’s highest-3 consecutive years of service); but presumably such an analysis leading to an offset would occur if an approval by the Social Security Administration is based upon information concerning the severity and extent of the medical condition and disability, and not because a denial of Social Security disability benefits is based upon one’s status of employment.

But here is the “rub”:  Human Resource Offices often will demand and insist that Social Security disability benefits must be filed for, before the Federal Disability Retirement application can be forwarded to OPM.  Nothing could be further from the truth; but then, as gods, dictators and other power-wielding fiefdoms comprise the vast expanse of authoritative sources in the universe, it is often a good idea to go with the flow, file (with minimal effort expended), obtain a receipt which shows that one has filed, and be asked at a later date to duplicate the effort, if needed.

Sincerely,

Robert R. McGill, Esquire