U.S. Merit Systems Protection Board & Disability Retirement: The Quiet Case

There are a significant amount — of the one’s without a fanfare, no formal MSPB opinion, but nevertheless, a “win”.

Many Federal and Postal employees get to that Stage — Stage 3 — an appeal to the U.S. Merit Systems Protection Board.  At this Stage, all reasonable attempts to persuade the medical specialists at the U.S. Office of Personnel Management have failed.

At the First Stage of the process, you filed your best shot and provided the utmost of medical documentation, but they denied you, anyway.  Perhaps it was because your previous year’s performance ratings were excellent, and you may have even received a cash award.  Or, maybe the medical opinions of your doctors were not sufficient.  Maybe OPM wasn’t persuaded that your condition would last at least 12 months.

Whatever the reasons, you had to go through the Second Stage of the process — the Reconsideration Stage.  You gathered whatever else you could, and submitted it within the timeframe allotted.  You hoped for the best.  When the denial came — the Second Denial — you knew you were in trouble.  The MSPB?  How are you going to maneuver through that complex maze before an Administrative Judge?

And this is essentially the “last stop” — for, if you don’t win it here, you will likely not prevail at a Petition for Review, and going to the Federal Circuit Court of Appeals is prohibitively expensive, and likely not winnable.  Yet, the MSPB opens up a great opportunity — for, what most people don’t realize, is that it is an opportunity for “the Quiet Win”.

Before you ever go to a Hearing on the case; before you have to prepare your Pre-Hearing Submissions — it is an opportunity to listen carefully to the OPM Representative assigned to your case.  If you listen carefully, you will have the opportunity to quietly and behind the scenes, submit additional evidence which could result in that 2.5 Stage of the process — between the Denial of the Reconsideration Stage and the Hearing before an Administrative Judge at the MSPB.

Of course, it will help if you also have an experienced FERS Disability Retirement Attorney involved, who can help you through the “Quiet Case.”

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.

 

OPM Disability Retirement Application: Beliefs

They have become overly magnified in this day and age of incessant contentiousness; but as to what they are, from whence they are derived, and why some are valid while others are inconsequential, remain somewhat of a mystery.  People believe in all sorts of things.  Moreover, in recent years, discretion and modesty seem to have been lost, and the art of expression is no longer a predicate to expressing them loudly and vociferously.

Is it important for people to possess beliefs?  Should they be based upon factual predicates?  Moreover, are some beliefs more valid than others? Should logic play a role in them, or is mere passion and extreme emotion enough to validate?

It is all well and good to hold insulated beliefs on social media, so long as the circularity of such beliefs need not be tested in the objective world.  Thus, if X believes in Y, and A believes in Y also, and it is never expressed outside of the context between the insulated linguistic exchanges between X and A, no harm comes about.  But if belief-Y is that “oncoming buses traveling at Z-miles per hour cannot harm you”, and either X or A goes out and tests such a belief in the objective, “real” world outside of social media — well, you know the real-world consequences which will result.

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, your belief in whether you can prepare and formulate an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, depends a great deal upon your factual knowledge of the laws governing Federal Disability Retirement.

Don’t take the chance that the legal knowledge which must be relied upon is enough to prepare a strong enough Federal Disability Retirement case. Instead, it might behoove you to contact a disability attorney who specializes in Federal Disability Law, thereby preventing a disastrous result, such as the belief that an oncoming bus going at 50 miles per hour is a harmless entity in the objective world.

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.

 

FERS Disability Retirement: Square peg in a round hole

You know the old adage; it is when a person is trying to do something that is frustratingly obvious that it cannot be done, yet persists in it despite the reality of resistance.  The truism itself by necessity requires one of three courses of action: You either cut off the edges of the square peg in order to shape it into a form where it can fit into the hole, or you smooth the edges of the circular hole and widen it such that the square peg can fit into it.  The third option is: You continue to try and force the issue.  And the fourth way is: You give up and walk away with obvious discontentment and frustration.

You want to remain friends with X, but X is a cad and no matter how much you try to change X, X will not change; and so you try and ignore X’s idiosyncrasies in an effort to extend the friendship, and remain frustrated at your attempts to change reality.  Or, you try and please everyone but end up angering all — you cannot shape the square peg or widen the hole, because there is simply too much resistance from both to alter its shape, size or essence of being.

Reality has its limits; that’s the beauty of the life we lead: virtual reality can be altered with a click of the button, but the reality of the real is that the quirkiness of life defies fullness of understanding, and the mystery of each individual denies total control.

For Federal employees and U.S. Postal workers who continue to struggle with a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal job, the choices are clear: Stay and suffer; walk away and lose everything; or file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management. In such a case, this third option is tantamount to shaving the edges of the square peg in order to fit into the hole, as opposed to trying to stay when it is no longer medically advisable, or to walk away and abandon everything in frustration.

Old adages remain relevant for a reason; the truth behind the words is retained and, indeed, there is still a recognition that truth prevails.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Capturing youth

Advertising agencies know well their targeted audience; one need only sit and watch the news, flip through the various channels and recognize that yes, someone has more information about one’s particular household than one would like to share; otherwise, why does the age-group, the likely medical conditions being suffered and the problems statistically encountered seem to fit you?

Then, you search on the computer for a specific product, and suddenly ads appear throughout in the margins of the screen trying to entice you to similar genres of product lines.

Someone is “watching” you; information is being gathered throughout; and all along, it never was the onerous manner in which Orwell’s depiction in his famous novel, 1984 tried to describe and delineate.  No, in that novel, the totalitarian nature of the State imposed and prescribed television screens that had a 2-way capacity to watch and observe, and there were microphones planted in strategically-placed areas to listen in on conversations.  No such events were needed in modernity.

Instead, we go out and voluntarily buy the devices and bring them into our homes without any State or Regime ordering us to do so.  And all in the name of capturing youth.  Youth, by the looks of television and Internet ads, seems to be the prevailing impetus for all that everyone does in life.  Even the old people look young, younger, or seem to only want to be so.  Dating websites are no longer for the young and hopeful; no, they are for the old and retired, and capturing youth is the mainstay of today’s cultural focus.

Perhaps there is nothing wrong with the compulsion of striving towards capturing youth; and whether the cosmetic products advertised or the need to “stay young” in order to enjoy life to its “fullest” (whatever that means), capturing youth is the favorite pastime of everyone everywhere nowadays.

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 one’s Federal or Postal job, the desire to “capture youth” has a slight twist – for, it is not just the want or motivation to harken back to a “time before” when one was young and carefree; rather, it is a need to capture those days when health was taken for granted and movement free of pain or inner turmoil was the daily routine that needed no greater thought.

Health is a blessing, but we don’t know it until it deteriorates; and medical conditions are a curse, and we just don’t think about it until the time is upon us to consider the future.

Filing an effective Federal Disability Retirement application, through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not ultimately accomplish the goal of capturing youth, and thus may not be of much concern to those “watching you”, but for the unique individual that is the “you” in the privacy of your home and inner reflections, it may be a first step towards securing a future that has become the darker secrets of fear and loathing.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Witnessing the residue

Most of us merely witness the residue; the process itself, the events leading up to the conclusion, and “during” as opposed to the “after”, and all of the miniscule details that make up “in between” are invisible, ignored, unimportant or simply not thought of.  We see the “end product”, only, and that is how it should be.  We don’t have time to watch the apple tree grow from a seedling; for sausages to be made; for politics to be compromised; and for other people’s problems to fester.  And even if we did, what difference would it really make?

We assume much – that characters we see in movies made from “based on a true story” (whatever that means – and how much artistic liberty was taken with the details of such a “true story”, and what part is true and what is not?) productions went to the bathroom in between shooting at each other and becoming heroes; or that when children are seen, there was once love between the couple (although, that can turn out to be a wrong assumption where adoption or other arrangements have been made) even if the residue we witness shows only acrimony, bickering and constant arguing.

For Federal employees and U.S. Postal workers preparing to file 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, “both sides” witness the residue – from the Federal Agency or Postal Service’s side, they witness the residue of a filing for a disability retirement, without knowing the long and arduous struggle that the employee had with the medical condition prior to coming to such a decision.  Or, for that matter, from the viewpoint of the supervisor or co-worker, such a decision may come as a complete surprise.

Conversely, from the viewpoint of the Federal or Postal employee who is filing for Federal Disability Retirement benefits, witnessing the residue of the Federal Agency’s reaction or the co-workers and supervisors who make comments, or say anything at all, is often an interesting phenomenon for its complete lack of understanding or empathy.  They simply didn’t know, didn’t care or didn’t take the time (or all three) in showing any concern during the long struggle with the medical condition.

The key, however, in witnessing the residue, is with respect to the U.S. Office of Personnel Management – the Federal Agency that reviews and makes a determination on all Federal Disability Retirement applications.  For OPM, it is important to formulate a concise narrative in answering the questions on SF 3112A, Applicant’s Statement of Disability.  How much of the history; to what extent the minutiae and details of the past; and the precision of establishing the nexus between the medical condition and the job duties – these are all important in the proper preparation, formulation and filing of an effective Federal Disability Retirement application, where witnessing the residue may be a void too important to neglect.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: Conspiracy of life

Tabloids lead us to suspect it; odd coincidences force us to confront it; and the amassed aggregate of life experiences allow us to consider seriously the implications of it.  Are there such deliberative interconnections that make seeming chance encounters more than the arbitrary clashes of random events, such that they are planned, coordinated and precipitated by human activity beyond mere statistical anomalies?

If the creation of the natural world can be acceptably explained by evolutionary forces without a grand designer of some relevant intelligence quotient, and if randomness can be explicated by instinctive forces based upon a genetic predisposition for survival, then certainly the conspiracy of life can be readily accepted.

Often, we dismiss and refute sequential events that “could only happen” with some modality of deliberative intent, with a dismissive declaration of, “Naw…it just couldn’t be…”   Yet, we believe in those inane, proverbial truisms, like – “When it rains, it pours”, as events seem to come in bunches, bad luck follows upon acts violating superstitious conduct defying the supernatural, and we still try and avoid making major life decisions when the stars become misaligned during a winter solstice.

And so we remain careful when coming upon the path of a black cat, or refrain from making major life decisions on those Fridays which fall upon an unlucky number; and, beyond, believe that a conspiracy of life may yet manage to subvert, pervert and preemptively undermine the dreams we dream, the fantasies we pursue and the follies we hope for.

For the Federal employee and U.S. Postal worker who suffers 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 the Federal or Postal position, it is not a far stretch to conceive of, believe in and otherwise suspect a conspiracy of life – precisely because Federal fiefdoms and Postal power-centers are replete with bands of marauding rogues whose sole purpose in life is to harass, intimidate, make life miserable and force the issue of “who is boss”.

Little people with evil souls tend to congregate in places where the frustrations of a personal life spill over into the professional arena of employment contexts.  Always remember, however, the singular focus in preparing an effective Federal Disability Retirement application:  To have it approved by the U.S. Office of Personnel Management.

Thus, if you get “drawn in” to the tangents by invitation of the conspiracy of life, you may regret the wayward course and the detour compelled by losing your way, direction and compass-driven focus that should guide you to ignore those unverified and arbitrary chance events as depicted in superimposed photographs besides outlandish editorial exclamations seen and surreptitiously viewed while standing in line at the grocery store.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The pleasantry of paper’s caress

Will the electronic tablet ever replace paper’s longstanding sovereignty?  The invention, dissemination and widespread availability of paper was a notable mark in human progression — if only for what it allowed in establishing communication, transfusion of knowledge and conveyance of data.  Like Gutenberg’s movable type printing press, the cotton gin, the Model T Ford and the computer chip of modernity, such inventions became, in retrospect, tumultuous benchmarks of human advancement.  If advertising images reflect a hope of an industry, it is clear that paper’s replacement is a target of that sector.

The image to be replaced — of a carefree summer’s day, lost within the creative imaginings enchanted by a book in hand, is replaced in a meditative surrounding of a monastery of quietude, with a solitary figure with tablet in hand.  Is this a clash of non-conforming imagery, an oxymoron of the tactile senses — or an acceptable intrusion of an outdated perspective now carefully designed to allow for a transcendence beyond sensory inconsistency?

Is it too “weird” to claim that there is a synergy created by the connective tissues, perhaps invisible, in the sensation of bonds reinvigorated when the human organ — the skin which covers one’s hands and fingers — makes contact with the organic product once living in the forest of endless time before becoming transformed and processed into a breathing product of man-made paper?  As opposed to:  holding an electronic device encased in plastic — that dreaded construct of human creation that poisons the environment and resists natural disintegration for eons of man’s extinguished presence on civilization’s watch?

It is precisely that pleasantry of a tactile event — that moment unnoticed when lost in an author’s universe, when the hand feels for the edge of the paper, separates the singular from the aggregation of sequential binding, slides down and in a conjunctive movement of coordinated silence, turns the page.  And from that, idioms of meaningful adages — another page in history turned, entering a new chapter in one’s life, and closing the book on a forgettable chapter in the experiential history of a person; or even of throwing a book at or “booking” someone.  How will that tablet replace such evolutions of linguistic goldmines in the future?

What we unintentionally lose by careless neglect in the rush towards embracing newfangled inventions for monetary gain and lining of pockets in corporate boardrooms, we rarely pause to reflect upon, except in the incremental erasures of history’s richness in human interactions taken for granted but never spoken of.  There is, in rushing towards replacement with thoughtless disregard, a propensity to bury that which is seemingly irrelevant but for the empty chair we suddenly miss, but too late in showing our love and care.  We can regret things that are gone, but remain impotent to despair and unable to replace, once discarded into the ashes, with but a hope for the rise of Phoenix, if only in the timeless mythologies forever extinguished.

For the present, however, paper remains king; and whether by paper or in forms of electronic transmission, Federal employees and U.S. Postal workers who need to prepare an effective Federal Disability Retirement application, must formulate a proper strategy and file the proper forms and “paperwork” in order to become eligible for Federal Disability Retirement benefits.  Such a submission must be accomplished within a specified statutory constraint, and the rise of electronic methodologies should not detract from the goal identified:  preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.

For, whether by the tactile pleasantry of paper’s caress, or via an electronic transmission, in this particular mode of presentation and submission, it is always the content which matters, and not the means of conveyance.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Life’s Fathomless Diatribe

We tend to personify and project upon lifeless, inorganic and inert entities, not to mention the extrapolation of generalized and universal conceptual forms, and inject them with personalities, characteristics and living imprints.  Did Plato make this fatal mistake, or was he beyond our intellectual capacity, and perhaps like the mischievous character he provided in his dialogues, was he merely the siamese twin of Socrates and inextricably conjoined in body, mind and philosophical spirit, with that glint of the knowing jokester?

“Life”, as we like to make of the stuff which confounds us, is like the half-crazed homeless person who stands on the street corner and yells at us as we pass by.  Sometimes, we even get hit by a bombardment of spittle, and an unexpected whack on the head, leaving us stunned and helpless, faint with outrage and anxious that Mr. Life may follow us home.  And, indeed, he sometimes does.

Life is like that fathomless diatribe; and we are merely an audience of one, isolated, watchful, spectators who can only observe, sometimes shout back, and in a feeble attempt at altering destiny, weep in a heap of self-pity and trembling repose.  That is how the Federal employee and the U.S. Postal worker feels, in confronting the mammoth of the Federal Bureaucracy and the U.S. Postal Service, especially when the Federal employee and U.S. Postal worker are enmeshed in the weakened state of fighting a 3-front battle:  One’s own Federal agency or the U.S. Postal Service; a medical condition that has begun to impact the ability and capacity to perform all of the essential elements of one’s positional requirements; and the battle against “life” and all of its multitudinous facets of complexities.

Is “life” just another metaphorical voice in the darkness of time?  For the Federal or Postal worker, the time to file 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, must often be determined by the harkening voice of life’s trials and travails.  As OPM is just another behemoth to confront, in addition to one’s own agency or the U.S. Postal Service, so the preparation to “do battle” must include the tools of engagement:  the facts, the law, and the will to proceed.  And like life’s fathomless diatribe, the will to win must first and foremost be the amour of protection in preparing, formulating and filing for OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Lore of Yesteryear

The past is often the attraction of selective memories, the passion of antiseptically expunged yearnings, and represent less about factual accuracy than emotions bound to images.

With modern technology, mixed with the relative value of truth and the abandonment of universal principles transcending beyond time and cultural norms, the obsession with oral tradition and a clinging to unnamed tombs of yesteryear, when causes were worth fighting for, a handshake meant the seal of a deal without a follow-up fax or an email confirmation; and when people didn’t check the labels of food ingredients to verify MSG, GMO or other terrifying acronyms which undermine the palate and appetite; those were the days gone by, and the yearning that defines the embellishment of heroism as each day marches in the timelessness of forgotten marshes of mindful embrace.

Time was…but then, we pause, and realize that it is the “now” and the “today” which must be faced.  Reminiscences are good for the soul, but rarely profitable for the pocketbook.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition (whether physical, psychiatric, or an intersecting compilation and aggregate of both) prevents the Federal or Postal employee under FERS or CSRS from performing one or more of the essential elements of one’s Federal or Postal positional duties, the attraction of the lore of yesteryear will often grow exponentially in parallel form as the medical condition progressively deteriorates.

That is because the convergence of present pain and the increasingly selective memories of past freedom from pain, extends to a future yearning for a time of quietude and peace where the medical condition has resolved itself and the body, mind and spirit can be free of the confinement of the debilitating medical condition.  That is a natural reaction of the human essence to be free.  But in order to do that, affirmative steps must be taken.  Life just doesn’t happen.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is just such an affirmative step.  One cannot continue to cling to a fading past, and expect that the present will get any better, or that the future will result in greater peace and tranquility.  The future is now; the present is something to be acted upon; and the Lore of Yesteryear must be replaced with a growing sense of urgency to embrace memories not of fading photographs of unidentified tombstones of yore, but of living and vibrant experiences today encountered, to be savored for future generations.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: McKenna’s Pass

It was an old mining town, once boasting of a bustling main street, filled with commotion, commerce and conversation, where expectations of future success and advancement were brimming with hope and activity.  People said that it would always be the bellwether of the country; as McKenna’s Pass went, so goes the nation.

The origin of its name was somewhat in dispute.  Old Timers who harkened of past days of glory tried to inject their hoarse voices over the din of youth to get their two cents in, that the origination of the town’s name came from when the days of ore traders would pass through to cities of greater significance, and McKenna just happened to pause for a few days longer than most, and thus the designation.

Others of a more youthful persuasion attributed the misnomer and thought it concealed the darker side of the town’s council, where “Past” was grammatically mispronounced in their minds despite the prominent sign at the north entryway of the town; but then, who among those who live in a place ever notice the signs coming in?  Growth, future prospects and the promise of unceasing expectations would outpace even the greatest of cities.  “They’ll see,” was always the reply when doubts surfaced; always, there was a glint of mischief pervading, as if the “insiders” knew something beyond what the rest of the nation didn’t.

Somewhere along the line, something happened.  No one knows what, or how, or even when.  The first sign was the grocery store that closed; the owner’s wife suddenly died, and it was like the oxygen was sucked out of a vibrant life, and without warning an implosion left a devastation beyond repair.  Then, graffiti appeared; people never suspected the kids from their own neighborhoods, as the pride of McKenna’s Pass was beyond such acts of hooliganism.  Other towns and cities may have been ashamed of their residents and nefarious neighbors who engaged in untold acts in the dead of night; this town never had to look away, or so the thought was.  Then a gas explosion ripped through the Southwestern end of Main Street; rumors began to surface; the Town Council’s senior member resigned with charges of kickbacks.

Change was in the air; inevitably, future expectations once anticipated by youthful folly was butting heads with the reality of present circumstances.  People could smell the aroma of death or, if not such a dramatic and sudden cessation, certainly decay around the edges.

Medical conditions and changes in one’s future plans have a tendency to do just that.  For Federal employees and U.S. Postal workers who find that one’s invincible plans of latter years of youthful enthusiasm are now requiring the tinkering of repair and replacement, the view towards change can be merely a picture window needing an alteration of interior design.  Medical conditions can prompt the necessity for change; and while change is often difficult to accept and undertake, one cannot fight against those forces beyond one’s control.

When the Federal employee or the U.S. Postal worker begins to experience an inability to perform one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, it may be 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.

For, as the townspeople in McKenna’s Pass may have thought that the future would always be one of growth, advancement and greater achievement, the reality is that contraction often follows expansion, and the certitude that life never remains static is a truth where youth’s folly ignores the wisdom of ages, as the empty buildings and hollow passageways echoing of silent plans left unfulfilled reverberate through the once-promising days of a town we knew as “McKenna’s Pass”.

Sincerely,

Robert R. McGill, Esquire