FERS Disability Retirement Law: In Anticipation of…

Why do we chop and stack wood months before winter’s first blade of frost?  Why are drunk drivers arrested before they have committed any crime?  Why do we purchase life or health insurance before the contingent event has occurred, potentially throwing away hundreds of thousands of dollars on a bet which we will likely never win?

Are such actions engaged out of fear, or out of anticipatory logic based upon a rational thought process of, “What if?”  Do species aside from our own engage in anticipatory actions?

The dog who anticipates his master’s return home at the same time each day; the birds who come each season to the gardener who fills the feeder in the springtime of bursting growth; the geese who fly south; the butterflies that travel the seasonal changes — are they any less “logical” than our supposed “higher-level” reasonings?

For Federal employees and U.S. Postal workers who are beginning to prepare an effective OPM Disability Retirement application in anticipation of what will ultimately result from an ongoing, deteriorating medical condition, the arguments proffered by the U.S. Office of Personnel Management are often along the lines of: But you aren’t there, yet.  Your agency says that you have been doing a great job — look at your past performance ratings!  Yes, but….

Contact an OPM Disability Retirement Lawyer to discuss how to rebut those argument which OPM makes in anticipation of…

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: Inconsistencies

Selective extrapolation is the preferred method by which they justify a denial; a notation taken out of context from this particular day, or an offhand comment in response to a nurse’s question on a differentiated day where you may be feeling slightly better, etc.

Inconsistencies remain the harbinger of a denial of a FERS Medical Retirement application from the U.S. Office of Personnel Management.  Yet, life is full of inconsistencies, and one can even argue that inconsistencies are the stamp of reality — that sincerity of life’s events are replete with contradictions and spectrums of bumps; that perfection is often a greater indication of artifice, instead of life’s reality that is actually lived.

That is the anomaly and the inconsistency itself: Perfection of circumstances is the real artifice; lack of perfection, the reality of living life.  Yet, the U.S. Office of Personnel Management reviews a Federal Disability Retirement application in the very opposite way; they search out the inconsistencies, then allege that those inconsistencies somehow rise to the level of artifice, when all along they merely reflect the reality of life itself, replete with inconsistencies that betray the lack of perfection which truth itself brings.

Thus, beware when the doctor or nurse writes in a note, “Feeling much better today” — for, although you still hobble about because of a broken body or are unable to focus or concentrate because of a psychiatric condition, the inconsistency between a singular notation and the reality reflected in one’s medical condition is the weaponized methodology of a Federal Agency which seeks out such inconsistencies as a basis for a denial.

As such, a Federal employee or U.S. Postal Service worker who seeks to file for Federal Disability Retirement benefits should turn for advice and counsel to an experienced Attorney who specializes in FERS Disability Retirement Law to make sure that the inconsistencies may be minimized in the impact upon a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Beyond the apex

Few of us want to think of ourselves as past that point.  For, the “apex” is the top of it all; it is the place which is reached, and then there follows a downward trajectory such that what had been reached cannot be repeated; and from there forward, there are only memories, regrets, and echoes of past glories stated in hollow monotones that betray and failures of lives lived.

Mountain climbers persist in reaching new ones; it is the ever-pervasive “high” of the challenge faced, to be able to conquer new heights and reach for cliff faces never before overcome.  To try and reach the apex is to constantly grow; to have reached the apex, a completed task; and to have gone beyond the apex — the direction can only be of degradation in comparison to what was before.

We — none of us — want to think of our lives as in the past, or of slow and steady deterioration.  While our bodies become decrepit, we cling to an image of ourselves as being…25, 30, perhaps a little older?  Or even of immortality do we embrace; and of trading in secret pacts in order to retain our youth. Medical conditions tend to be reminders that the apex has been reached and we are on a journey beyond — though we often fail to realize that the “beyond” can be just as rewarding as the climb before.

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 will often “feel” as if such a move means that you are now beyond the apex — a “has been”, a “failure”, a person who is no longer a member of “the team”, etc.

Yet — though your Federal career or Postal job may become something in the past, beyond the apex should be seen not as the end of something, but the beginning of the next phase of your life.  Yes, beyond the apex is often a frightening thought, but it is also an opportunity to refocus and reorient your life upon the priorities that matter: Health, relationships, and what all of those politicians say when they leave office: In order to spend more time with my family.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The power of words

The extraordinary nature of such conceptual constructs cannot be long or seriously refuted.  Whatever the anthropological origins of them; of the efficacy based upon quantity as opposed to quality; of whether some societies that lack the nuance of inflection, meaning or inherent force; and however they developed over time, incrementally building into greater heights of tenor, tone or tempestuous triggers of emotional upheavals —one cannot deny the power of words.

Words convey meaning, direction, instruction; touch emotions when utilized with sensitivity and care; and trigger images so powerful that they can break down the most stoic among us, and convey persuasion such that minds can be changed, actions can be reversed and lives can be altered.

One cannot say of them, “Oh, they’re just a bunch of words” and believe them without recognizing the times when a 911 call helped to save a life because of the calm “words” of the dispatcher, or of the marriage vow that cemented and elevated the mere utterances into a lifetime of fidelity; or of the baby’s first formations beyond the gurgling sounds emitted that identifies comprehension beyond an appetitive nature.

The power of words can uplift, denounce, alter the course of history and damage a young psyche beyond repair.  The power of words can persuade, explain, instruct and describe, of the beauty of a sunrise beyond the meadows where butterflies float and flowers begin to disclose the radiance of the morning dew-droplets in the chasm of a waking mind, or of the sunset where sunlight is replaced by shadows within the hearts of young lovers projecting what the future might yet bring, yet contented in the embrace of warmth and merriment.

It is by words that civilizations rise and fall, and by which man is elevated above the apes, but yet remain just below the angels; and it is the power of words that brought us Shakespeare, Milton, Faulkner and Hemingway, and the quiet subtlety of F. Scott Fitzgerald’s politeness of society.  Then, by contrast, there is life itself.

For Federal employees and U.S. Postal workers who suffer from a medical condition, this contrast is known and appreciated.  Medical conditions betray the limitations of words; for, how can “pain” be adequately described?  What good is a “diagnosis” beyond that which cannot be cured?  How can one utilize the “power of words” to describe the despondency of Major Depression?  And more to the point: How can one adequately convey by the power of words, the impact perpetrated by the medical condition upon the essential elements of one’s job?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, remember always that there is a wide chasm between “having a medical condition” and being able to persuade OPM that the medical condition prevents you from performing one or more of the essential elements of your job.

And such persuasion, ultimately, is accomplished through the power of words.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The inchoate life

The problem is often the perspective, and not the reality.  Somehow, human beings walk about this earth with the expectation that fulfillment is in the “now” and development is merely something ascribed to babies, yogurt and African nations on a far away continent of timeless immaturity.  Potentiality; the consistency of growth; and, even in old age, despite the deterioration and degeneration of cellular expansion, our lives represent an inchoate and rudimentary structure such that we have to constantly strive to grow.

Yet, somehow, we mistakenly believe in so many fictions; that the senior prom is the fulfillment of all things important; that graduation from college represents the pinnacle of our education except for those few who go on to graduate schools (which is now more common than even a decade before because of the intense economic challenges and competition); that the present job is the treadmill upon which success or failure reflects; and that, in old age, decrepitude and endless agony awaits us all.

All of us, in the end, are imperfectly formed and in the constant process of becoming formulated; yet, by our impatience and desire for fulfillment, we deny the very existence of the part-existence of our very Being.  And so we cry out in protest when a medical condition hits us and prevents us from being or doing that which we believe we were destined for; and like the shrill screams of hungry coyote in the wind-swept plains of a desolate landscape, we dream in solitude as the howls of time obscure the pain of suffering.

What dreams we once held; the journey from form to content; the need to accomplish, excel and fulfill; these are all human characteristics which bring out the best in us.  But reality is also a discourse where interruptions and interludes occur, and the reality is that most of us never fulfill the potential of our lives, and that is okay, especially when the circumstances intervening are beyond that which we have the ability or capacity to control. The inchoate life is seen throughout the many unmarked graves and tombstones lying in quietude of silent anonymity.

For Federal employees and U.S. Postal workers who realize that careers chosen, dreams yet unfulfilled and goals unachieved, the medical conditions that interrupt are merely reminders to us all that the inchoate life cannot be avoided.  Priorities must be set; a different path may be required.

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, is merely another step in the many steps of a Chinese proverb, and the inchoate life is just another movement, a stir and a wrinkle in so many lives yet to reach the completeness of a destiny still to call in the wilds of a lone wolf speaking to the full moon of purposeful lives.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Fodder for our own folly

We often collect that which we know we need not; and of fodder for other’s play, who but the foolish gather the refuse of one’s own folly?  Why does youth engage in a greater percentage of folly, and why do old men insist upon driving uncomfortable cars which make them look foolish once they park and struggle to get out from a position of near-supine discomfort so debilitating that you can almost see the decrepit arches of an arthritic back?  Foolishness, of course, is not the reserve of the young only, as middle-aged men with youthful grins and old men with conniving friends whose sole purpose in remaining a soul-mate is contingent upon peeking at the bank account of retirees, reveal and manifest daily.

In the end, the test that has always worked for this writer, is twofold:  First, that sincerity is never defined by more words piled upon a previous set of words, but action which follows to concretize the empty promises of uttered speech; and Second, that everyone in the world can do whatever he or she wants, so long as you are willing the pay the price.  Thus, as to the latter, it is all well and good to say you want to do this or that, but the problem occurs when consequences unfold, and you expect others to pay the fine, complete the obligation, satisfy the debt or expend efforts to extricate from the difficulties created.

For children, there is always an excuse:  Parental obligation and the minor’s claim of not having the maturity to “know better”, compels a feeling of empathy, a reminiscence of remorse, and a hint of guilt for not having spent that extra hour coaching youth baseball or embracing that “quality time” which forever harmed that fragile psyche of that young underling who – by all other measures of objectivity – is described as merely a “brat”.  Of the former, one must simply admit that the American folklore of a fool being born every minute – or was it every second? – is reinforced by our own inability to consecrate the condoning cadence of our corrugated cacophonies of constancy; sorry, but once alliteration becomes engaged, it is like putting a finger on the trigger of an automatic weapon and losing control.

More to the point:  Most arguments are non-substantive.  By that is meant the following:  there is rarely a “real” issue of disagreement, but rather, a mere necessity to renegotiate the words used in order to fit into a puzzle where two or more people interact.  That being the case, most issues that arise, are resolved with more words imparted, which is simply a further negotiation of words upon words in a language game of meaning, reinterpretation and declaration of purpose.

But as being foolish has a price to pay (refer to the Second Rule stated herein), so the need to follow up with a concrete action, instead of more words (i.e., the First Rule stated above) is necessitated when real issues that have an impact and consequence effect upon lives of others.  Most problems in life are self-creations; those who have a greater ability to justify by blaming others, simply get away with it without blemish or repercussions.

For Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from continuing on in the career of his or her choice, the exception to the above applies:  Medical conditions are never the fault of one’s own, and so Rule One and Rule Two should never be considered.  It is, instead, Rule Three (heretofore unstated) which should rule:  Prepare the most effective Federal Disability Retirement application you can, and file it as soon as practicable, as the wait before the U.S. Office of Personnel Management is long and arduous, but always keep in mind the fodder for our own folly applies to everyone individually, including those within a massive bureaucracy as that of OPM.

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