Federal & Postal Disability Retirement: Case Development

Are all cases at the same stage of the process?  Isn’t this the same question as: Are all people at the parallel stage of maturity?

As life reflects reality in varying aspects of their sliced proportions, so every case is not at the same stage of the process.  Many Federal employees and U.S. Postal workers find themselves at a critical juncture in their careers, where filing for Federal Disability Retirement benefits has become a necessity and a step which can no longer be delayed.

Is every case ready for filing?  Likely not.  Should every case be filed, ready or not?  Only if the Statute of Limitations looms and necessitates it.  Is there anything nefarious in “developing” a case?  No.  However, there can be a slight distinction, subtle as it may be, in engaging a trail of medical documentation expressly for the singular purpose of establishing a Federal Disability Retirement claim, as opposed to doing it in order to seek medical attention.

Taking care of one’s medical condition, going to doctor’s appointments and establishing a consistency of compliance with a treatment regimen — these should all, first and foremost, be engaged in with the primary purpose of obtaining the proper medical care.

From that consistency of care, case development will follow; and for Federal and Postal employees seeking to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, the proper time for filing an effective Federal Disability Retirement application will come naturally as the case develops, which often needs the guidance and counsel of a FERS attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Spam

If you remember eating it as a kid, it “dates” you — for, who in this day and age eats something that is singularly unhealthy, contains high levels of fats, calories and sodium, as well as unnamed preservatives?  On the other hand, the younger generation doesn’t blink an eye, and instead sees the word as a forgotten acronym for “junk email”, or otherwise known as “unsolicited commercial email”.

Are the two related?  Can there be a coincidence between a word which has two meanings or more, but contains some similarities and parallels?

Spam as a commercial yummy — oh, but of those memories when the can is first opened, of using that metal “key” where you insert the “thingie” and roll back the metal strip; and upon opening the can, the thick fat that surrounds in globs of hibernating hews of highlights hidden amidst the green shadows of delectable delights.  Spam as unsolicited commercial email — oh, but how that folder fills up so quickly, and yet do we nevertheless obsessively check each one “just in case” it was mistakenly misidentified and sent to the wrong folder?

For Federal employees and U.S. Postal workers who cross over generational lines — of whether you remember the word as the delectable blob of pork making its popularity entrance sometime after WWII, or of the “new” generation who makes the connection to unsolicited commercial emails — if a medical condition begins to prevent you from performing one or more of the essential elements of your job, you may want to consider filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Spam is a reality of life; medical conditions, too, occur and become an unavoidable reality; and whether of either reality that uninvitedly intrudes upon your life, it the next step beyond that a person takes which is the important moment of actionable directions.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal & Postal Employees: Seeking

Isn’t that the condition for life?  That we continually engage in the very human act of seeking, whether for personal growth or professional aptitude; but it is always that constant need to know, to expand, to cross borders and extend beyond the invisible ceiling or barrier that is placed from our birthright to explore and to seek.

Seeking is a hallmark of human behavior; it is the constant seeking that keeps us reinvigorated, alive, instilled with hope and painted with the colors of future dreams. Without seeking, we become staid, unadventurous, static and timid; the world becomes threatening because we have stopped and stunted our own growth potential.  Seeking is always coupled with hope; hope, often seen with future aspirations; and when the seeking stops, it is normally a symptom of a disease which destroys hopes and aspirations.

Medical conditions often undermine the human desire to seek; for, the disease that destroys and disrupts is the same which diminishes one’s hopes and aspirations.

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, filing for Federal Disability Retirement benefits becomes an important next step in order to regain that human desire for seeking — for one’s future and one’s hopes and aspirations.

Contact an attorney who specializes in Federal Disability Retirement Law in order to move beyond the morass of struggling daily to maintain a Federal position when it has become clear that one’s future is no longer compatible with the Federal or Postal job one holds.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Disability Retirement: The messes we make

We observe the facade and conclude too quickly: Others live perfect lives; mine?  What a mess it is.

Have we evaluated all circumstances in an objective, rational fashion?  Isn’t the corollary and natural next question to be: That “other” person — what does he or she see when observing me?  Does the same conclusion follow: The facade which reveals calm and competence — It is a life nearer to perfection than my own; mine?

And so the cycle of discordant irrationality continues to feed upon itself.  And, of course, the Internet only further enhances and exacerbates such folly — of Facebook and Instagram, where “perfect” lives are lived in a 1-dimensional existence; of selectively chosen photographs of perfect couples, perfect meals, perfect vacations and perfect existences are somehow depicted in appearances of perfect lives.  Then, the truth somehow leaks out — this person just got a divorce; that person committed a crime; the other “perfect” person was publicly doing this or that, etc.

It is funny, that phrase — of truth “leaking” out, like a cracked glass that slowly seeps with agonizing revelations or a pipe that drips until the flooded basement overflows with a deluge of falsity.

The messes we make are often mere minor anomalies; they become messes when we try and contain them, hide them and act as if ours is the only mess in the world because comparing messes never reveals anything; everyone hides well their own messes; we just think that everyone else is perfect.

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, the messes we make are often a result of failing to act.  The Agency is no fool — they see the excessive use of SL and request for LWOP; or the loss of performance acceptability; or the loss of attendance continuity, etc.

Filing for Federal Disability Retirement benefits under FERS is not an admission of the messes we make; it is, instead, the truth behind the reality of the medical condition, and the real need to attend to one’s health, which should never be concealed, but openly acknowledged in order to move beyond.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The Bully and the Beast

Yes, yes, the title is all wrong; but that “other one” is for fairytales and childhood memories, and not for the ugly reality that is faced by grownups with the cynical perspective that, by age 30, has come to overwhelm and dominate.

“C’mon”, the refrain comes back, “let’s at least enjoy the childhood fantasies that still delight and enrapture the imagination, and quit being a spoil-sport!”  Yet, just as the idealistic twenty-something becomes a crotchety-old fifty-something, so the reality of the Beauty and the Beast — of the traditional story told in so many variations involving the beast that is of beauty beneath; of the nature of appearances as opposed to the substantive reality; of pithy sayings by parents who want to spare the feelings of their unattractive children that beauty is “only skin deep”; of higher academia where such childish notions then get transformed into “Platonic Forms” or the Aristotelian “substratum” — is the cold world that we all come to know.

Somewhere in one’s mid-thirties, the conclusion is reached that, No, the world is not reflected in the fairytale as recalled, but rather, the universe is occupied by the Bully and the Beast, and we are too often caught and trapped in the middle between the two.

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 — the “Bully” is too often represented by the Federal Agency or the Postal Service and its manner of treating a sick employee; and the “Beast” is the alternative — of the constant harassment; the reprimands; the adverse actions threatened or proposed; and perhaps even represented as the U.S. Office of Personnel Management and the entire administrative nightmare known as “Federal Disability Retirement”.

For, once upon a time we were all children and dreamed about fairytales and fantasies; but somewhere along the way as we “grew up”, we came to realize that the world was not occupied by gnomes, goblins and cute hobbits scurrying about in the wild forests of our own imaginations, but by the ugly reality that the world is populated by people who are not very nice, and that sickness does sometimes hit the nicest of us, and oftentimes filing for Federal Disability Retirement is the best choice to make between the Bully and the Beast because the Beauty and the Beast had faded long ago into the warmth of childhood memories forever faded.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The perfect person

By all accounts, he or she doesn’t exist, except perhaps in theoretical constructs of theological paradigms; and of academia, where one may argue some alternate version of Anselm’s argument by positing that, because the concept of perfection could not be thought of without the reality of a Being constituting perfection, ergo a perfect Being – God – must by necessity exist.

Yet, we live “as if” the perfect person exists – either imposing such a standard unknowingly, unwittingly and unwillingly upon our own selves, or by thinking that movie characters actually exist somewhere in the ephemeral world of Hollywood, Instagram and Facebook concoctions that only put forward to the public’s eye the image of perfection.

We overlook the distorted concept of perfection when we say of a movie character, “Oh, he’s not perfect; he drinks too much, cheats on his spouse and is violent.”  Yet, the make-believe character still solves the mystery, is philosophically coherent when drunk, and somehow remains an attractive character despite all such character flaws.  In other words, despite the appearance of flaws, we make gods of characters we create.

It is the same on the Internet – despite the knowledge by all that there does not exist the perfect person, nevertheless, we allow for Facebook postings and Instagram photographs of meals, dogs, kids, families, selves and neighborhoods as the perfect depiction of unblemished lives.  And of ourselves, perhaps the greatest of culprits alive – for perpetuating the mythological depiction by engaging in the flim-flam of projecting the existence of the perfect person.

Yet, what is the alternative?  No one wants to hear the perpetual whining of the constant apologist – that person who points out his own failures and shortcomings at the drop of the proverbial hat; of he who apologizes for the slightest of errors, the scent of a mistake and a hint of failure to reach perfection.  Name a movie character or a movie, excepting a comedy, where the character is merely a bundle of imperfections and unattractive to boot.  Even Inspector Clouseau in the Pink Panther series, played long ago by Peter Sellers and by others more recently, captured the culprit in the end, despite all of the blunders and pitfalls.

In the end, we all participate in the grand larceny of perpetuating the existence of the perfect person – until we are hit with a medical condition, and the façade then suddenly falls apart.  Yet, everyone else continues in the charade.

For Federal employees and U.S. Postal workers who can no longer keep up with the make-believe world of the perfect person because of a medical condition, where the medical condition prevents the appearance of the perfect person to perform all of the essential elements of the Federal or Postal job, it may be time to admit imperfection by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the imperfect Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, it is the perfect person who embraces the imperfection of this world, and that is at least a beginning for the Federal or Postal employee who must continue to face the Federal Agency or the Postal Service in facing the reality of living imperfectly in this all too perfect universe.

Sincerely,

Robert R. McGill, Esquire