Legal Representation on Federal Disability Retirement Claims: “As if”

Why are OPM’s denials of a Federal Disability Retirement application written “as if” it is an “all of nothing” proposition?  Conversely, why does an approval of a Federal Disability Retirement application (with the exception of the single sentence which identifies the medical conditions upon which the approval is based) reflect a regurgitation of a template used on countless occasions dating back decades?

Wouldn’t a more “honest” approach be for both the denial and an approval to have a touch of: “Well, okay, evidence X does clearly show that you likely couldn’t do essential element Y” and “Yes, all and all, despite having a good performance review in the past year, your absences aggregated to establish evidence that you weren’t able to maintain a satisfactory attendance, and therefore, even if it is a ‘close call’, we have decided that you have met the preponderance of the evidence criteria and grant you your disability retirement request” — or, “Therefore, even though it was a close call, we believe you have NOT met the preponderance of the evidence standard, and therefore deny your application for Federal Disability Retirement.”

In other words, why is the “as if” standard applied as a one-way street, where every Denial invokes a disparaging and often scoffing-tone as to every bit of evidence presented, and seems to selectively diminish even the most compelling of evidence submitted?  Is it because of the very human need for self-justification, or are there other, more nefarious reasons girding the foundation of every denial?

Certainly, when a “no” is presented, one is taught to make it worse than it actually is in order to justify the negation; sort of like when you really do feel deathly ill, but by all appearances, you don’t sound it, and may not even look it, so when you call in sick or you tell your mom you can’t make it to school, you put it on “as if” you are on the verge of mortality’s early calling.

But don’t be fooled.  OPM’s denials are presented “as if” you never stood a chance; “as if” there was never any basis for even making an effort to file; and “as if” you have wasted your time even bothering to file — is meant to discourage, if not dissuade, any further effort of fighting onward.  But that is not the reality of a Federal Disability Retirement case, whether you are under FERS, CSRS or CSRS Offset — for, the reason why you have multiple stages in which to fight on is precisely the reason why you must: “As if” you have a chance, and not “as if” you never did.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Of fortunes unattained

Here, of the story untold:

“He woke up and went into the bathroom, and there found an old man staring at him.  There was no voice that called; no utterance of a salutation so early in the morning.  The corrugated skin of this stranger was pulled back, revealing deep cuts in the rivulets of age where time had taken its toll.  His hair was unkempt; thinning and grey, with speckles of white reaching deep within the roots of timeless agony.

Where had time robbed this pathetic creature, where a lifetime was given as a gift in order to make his fortune, to find his love and to gather his friendships?

It seemed only yesterday that the toddler reached for his parents’ loving arms, and they who looked upon him with kindly affection and whispering, ‘There, there, you have a whole life ahead of you to dream your dreams and reach your goals’, and then the fading summers where life seemed but a dream where oceans divided and manhood arose from the depths of a sea that swallowed me whole.  And when the stranger in the bathroom finally spoke, it had the voice of one who stared back from a mirror that reflected the insanity of myself, old and lost, voicing a soliloquy of loneliness where once my children laughed within a wilderness of a future yet unseen.”

And so it is with many of us; time seems to creep ever so slowly during troubled waters of despair; and then, one morning, we wake up and decades have passed us by.  Did we do all that we wanted to do?  Did we find that love we yearned for?  Did we make that fortune we promised ourselves we would attain, remembering the poverty of our youth and the promises whispered in huddled caves beneath the conscience of our lonely hearts?

Of fortunes unattained, we can always justify by telling another tale: Life is too short to search only for abandoned treasures and, besides, what truly is a ‘fortune’?  Is love of lesser worth than gold in reserve, and does not friendship value greater than a penny saved?  And when compared with one’s health, is fortune amassed of any value if the former is sacrificed for the latter?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, 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, is an important step towards reaching those goals yet reconsidered.

Of fortunes unattained — perhaps so; but when one’s health is at stake, all else must become secondary, and for the Federal or Postal worker who can no longer continue in a career which is only exacerbating the deterioration of one’s health, those thoughts of fortunes unattained must by necessity be temporarily set aside and replaced by the wisdom of a more valued existence.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: Hypocrisy

What is it about carrying about one’s state of existence with the knowledge that there is a dichotomy between that which we declare and what we secretly harbor, or between the words we convey and the actions we engage?  Is it likened to the adage of, Do as I say, not as I do?  Why do we so relish with a sneer when failure of moral dimensions become exposed — of a priest who is “caught in the act”, the preacher who is seen to embrace episodes of moral turpitude; a moralist who denies the obvious inclinations of human desire, or the purist who pounces when the mere tinge of impurity spreads its imperfect wings?

Hypocrisy abounds, and has always throughout history, and the louder the volume of protestations, the harder the fall as the chasm between reality and the theoretical purity of ivory towers only reveals the baseness of human frailty.

For Federal employees and U.S. Postal workers who feel like hypocrites because of a medical condition that continues to be denied, hidden and overcome by sheer will of concealment, there often comes a time where fatigue simply catches up to the fear of being “found out”.  No, it is not quite the same as your run-of-the-mill hypocrisy, like the preacher who falls from grace; but the tension is still there, nevertheless, and it is just as real as if your moral failings suddenly become unconcealed.

Federal employees and U.S. Postal workers who have to “hide” their medical conditions and act “as if” everything is fine and dandy, ultimate pay the same or similar price as the hypocritical moralist who walks about with a puffery undeserved: the anxiety that continues to grow and fester remains so and grows beyond a bearable state of concealment.

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, is often the first step in an admission of “failure” — but more importantly, of turning that failure into a success, by shedding the cloak of hypocrisy and facing the reality of a medical condition that needs priority of attending, in order to regain that balance that should be first, foremost and in the front of the proverbial line: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Perilous times

It can refer to the particular or the general, interchangeably almost without thought.  To refer to these “perilous times” is to ascribe to a particular period, an epoch or an era, an acknowledgment that the surrounding days and months are unique from all other timeframes of perceived dangers and tumultuous upheavals.  Or, it can be quite personal — where one describes specific circumstances concerning one’s own life, one’s situation and the peculiarities of a life otherwise undisturbed by circumstances that stand out.

There is that expansive “we” form that can distinguish between the particular and the general, as in, “We live in perilous times.”  Or, one can personalize it and declare to a friend in confidence, “I live in a state of peril” or “My life reflects these perilous times.”  The latter, of course, implies both the particular and the general by including not only the personal aspect of one’s upheaval but the generality of the historical context within which we all walk about.  Perilous times, indeed.

Medical conditions tend to specifically impact individuals in this way — for, in the particular, it hits upon us as a crisis of quality.  How we have lived; the lifestyle we have chosen; the priorities of what constitutes “worthiness”; all of these are challenged by a medical condition that begins to insidiously eat away at our body, our mind, our spirit.

Whether by intrusion of pain or something within us that no longer “works” normally; of private functions that have become worn out, or perhaps it is the memory, mental capacity or ability to cope with daily stresses; but of whatever origin or outcome, we look about for cures and comfort and often find none but some palliative form in a pill or a surgery that fails to correct.  Times become perilous because of circumstances beyond our control.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, perilous times often require perilous choices, and preparing, formulating and filing 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, becomes a necessary next step in attempting to forestall the inevitable results of these very times that we deem to be perilous, whether in a particular sense or in a more generalized historical context.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: As life passes by

It seems to come and go imperceptibly; we barely notice; then, one day, we wake up and life has passed by; the past is now an elongated prism through which we judge the remainder of our lives; the present is but the despair we feel because of wasted time allowed to blur beyond into a vestige of forgotten winds; and the future remains as the uncertainty we quivered about before we grew up.

As life passes by, we try and justify; for, language is the means by which we can validate ourselves.  Now, more than ever, it is the gymnast in linguistic contortions that seems to get the most attention, gain the greatest advantage and squeeze out the momentous timelessness.  Look at Facebook, Twitter, and all other social media forums; objectively, it is merely a blank screen where the one-dimensional universe of words and grammatical outbursts are annotated; yet, that is how the self-esteem of the greater society determines worth, relevance and significance.

All the while, however, there are real people with genuine problems, feelings quashed, personalities unnoticed and greatness tethered, that sit in corners of the world awaiting for recognition of singular episodes of kindness and accomplishments.  We can focus too much on ourselves; attend to updating Facebook too often; engage the limited characters of Twitter and worry unceasingly around circles of our own self-importance, and all the while, as life passes by, we remain ensconced in the limited subjectivity of the universe within our own minds.

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 the Federal or Postal job, the danger is that you can continue struggling as life passes by, and not attend to your medical conditions in the very “doing” of daily activities as life passes by, worrying about tomorrow and the next day as life “passes by”, and wasting the time left as the elongated past disappears into the lost memories, like those graveyards that litter the countryside forgotten and overgrown with ivy and sagebrush that obscures the memories of the dead and dying.

Filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, may not be the answer to all of life’s problems, but for the Federal or Postal employee who must get beyond the impact of the medical condition upon the ability and capacity to extend one’s Federal career, it is nevertheless an important component in now allowing important moments – like properly attending to one’s health – as life passes by.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation OPM Disability Retirement: Perspective versus reality

One may counter that the contrast is no different than that which we encounter daily, especially in this universe of millennials and post-millennial era – of opinion versus fact, or truth versus falsehood (and now the new one, of “news” versus “fake news” or “facts” versus “alternative facts”).  But “perspective” versus “reality” has some subtle nuances that need to be explicated.  For one thing, one’s perspective may be identical to the reality one possesses a perspective upon; or, more likely, it is merely an interpretation that may differ from someone else’s.

One could, of course, argue that all of reality is merely a perspective, and this would comport with the Kantian view that our phenomenological experiences can never depict the “noumenal” universe (Kant’s verbiage) that is outside of the categorical impositions of our human make-up, and that therefore the human perspective is something that cannot be avoided, anymore than a dog’s perspective can be assumed or challenged, or a bat’s perspective (refer to Thomas Nagel on that) would be understood or comprehended by a human’s perspective.

In other words, we can never completely disown the perspective imposed by the innate structures of our own “kind”, and thus it may be an error to ever represent a contrast between “perspective” and “reality” (thus the misnomer of the title above, “Perspective versus reality”), but should always encompass and embrace a commensurate connection of “Perspective of reality” (a consonance of the two) or “Perspective and reality” (a conjoining compatibility of both).

Yet, we know that certain people interpret things differently from what we believe constitutes an accurate portrayal of “reality”.  However, so long as we stay within certain confines of accepted normative interpretations, we rarely contest or openly disagree with alternative depictions, unless it is to obtain a consensus that somehow disproves the validity of the other’s portrayal (i.e., “Yes, but John, Joe and May agree with me”, as if quantification of perspectives somehow diminishes the accuracy of another’s; as opposed to saying, “Well, Copernicus thought otherwise while the rest of the world continued to maintain a geocentric perspective of the universe” – unless, of course, you are ignoring the “rest of the world” to include China, Japan, etc.),

Yet, there are factors that have to be considered when discussing the distinction between “perspective” and “reality”, and one of them often involves medical conditions – an element of reality that often skewers perspective.  That is why, for a Federal or Postal employee who is considering 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, the importance of relying upon accurate information, good and sound legal advice, and a straight and narrow path towards a successful outcome with the U.S. Office of Personnel Management (no matter the length of time it may take these days), is important.

For, medical conditions will often alter the perspective of an individual as to the reality of one’s situation, and so it is an “outside” source (the medical condition itself) which needs a counterbalancing force (otherwise referred to as an “objective” advocate, i.e., a lawyer) in order to present an effective, objective, persuasive representative in order to “re-present” the perspective of the Federal Disability Retirement applicant.  Thus, in short, it is a perspective versus reality issue, and thus not entirely a misnomer as previously stated.

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