FERS Disability Retirement: The “I” of Tomorrow

The “I” of yesterday is not the same “I” of today, and the “I” of today is vastly different from the “I” which will walk about tomorrow. Of course, “vastly different” is a relative concept; others may not perceive the differences, and thus might say to a friend after an encounter, “Oh, that Harry — he’s always the same, isn’t he?” And yet, the cellular structures have altered; a full day’s experiences have been encountered; and in a person’s personal life, how and what do we know of the traumas incurred?

We judge based upon appearances; and it is appearances which Plato, Aristotle and the entire line of Western Philosophical approach has fought against, in order to get to the “essence” of things and “first principles” of all matters. Unless we see person in a cast or bandaged throughout, we presume that “good old Harry” is the same today as he was yesterday, the day before, and the day before that. Yet, the “I” — that insular self who engages in soliloquies unheard and asides undetected — is the only one who, beyond appearances to others, may have undergone transformational changes. Perhaps of a death in the family; of a love forsaken; of financial ruin or challenges; of a personal loss so traumatic that one wonders — upon learning about the tragedy — how “Harry could possible endure it”.

Medical conditions, as well, have a way of imposing alterations. Perhaps you hide it; you avoid it; you try and simply endure through it — until it comes to a point where you can no longer conceal the impact and effect of the medical condition itself.

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 all of the essential elements of one’s Federal or Postal job, it may be time to consider filing for FERS Disability Retirement benefits.

Consult with an attorney who specializes in FERS Disability Retirement Law and begin to learn about the complexity of the process in order to try and regain some of that “I” who used to be you before the medical condition began to overwhelm you, so that the “I” of tomorrow is a recognizable semblance of the “I” of today and yesterday.

Sincerely,

Robert R. McGill, Esquire

FERS Medical Disability Benefits: King for a Day

There are times when you simply “feel” different; of having greater confidence; of sensing that you can accomplish things in life beyond the negative reality that circumstances have imposed; and that had you been born in the days of feudal lords and castle moats surrounding the dungeons of the human heart, you would have been knighted on this day of days where reckonings don’t matter and the callous universe around fails to dent the optimism abounding.

Is it all a surreal mirage?  Is being King for a Day enough for most of us, when reality checks the fantasies and daydreams with impervious ineptitude but with an efficiency far beyond what most of us require?

Contrast such a day to so many others: the daily grind of mortality’s unforgiving nature, where we feel less than the day’s wages will allow for. Medical conditions have a pernicious way of beating us down; and on those days when we feel that we are the King for a Day, it turns out that it was all a figment, a filament of unproven discourse echoing down chambers that we never knew.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition makes for continuation in one’s Federal or Postal job an incompatibility which cannot be sustained, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is an option to consider.  Chronic medical conditions sometimes allow for a moment’s respite, where you might feel that you are “King for a Day”; but that is not enough to sustain or justify the unendurable.

OPM Disability Retirement is a benefit which all Federal and Postal employees have a right to, so long as the medical condition impacts one’s ability and capacity to perform one or more of the essential elements of one’s job, and it can be shown to last for a minimum of 12 months.

Consult with a lawyer who specializes in Federal Disability Retirement Law, lest being King for Day is not enough to sustain the remainder of the days when you merely feel like the pawn isolated and abandoned within the Court of Human Misery.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Truth and Credibility

One normally presumes that the two go hand-in-hand: That if something is true, then it is credible.  But doesn’t the origin and source of it, at least in a subjective sense, matter?  If a known lier makes a truthful statement, could we assert that, “While the statement made by X is true, the fact that X made it results in my questioning its credibility.”  Does that even make sense?

How about a person who is a known philanderer who has had multiple affairs and has married and divorced multiple times — but then travels around the country lecturing at public schools on the subject entitled, “The Importance of Marital Fidelity”?

Let’s assume that everything contained in his lectures rings true: That marriage vows are important to uphold; that happiness comes from remaining faithful; that the temptations of society should be avoided — etc., etc., etc.  Everyone, including all of the elementary, middle and high school students and their parents all agree and are in complete consonance with the lectures and their content; and yet…. Somebody, during one of the lectures, stands up and points out that the “personal life and behavior” of the person giving the lecture is somewhat — ahem — “questionable”.

The “opinion camps” form into a bifurcated line of argumentation: Camp A argues: “The man has no credibility and is just giving us a bunch of bull.”  Camp B argues: “It doesn’t matter who says it — truth is truth, and what the guy is saying is true.”  Who is right?  Can truth and credibility be bifurcated?

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 job, preparing, formulating and filing a credible disability retirement application with the U.S. Office of Personnel Management may become necessary.

Will it have to be “truthful?”  Yes.  But “Truth” and “Credibility” are two distinct concepts, and while every Federal Disability Retirement application must be based upon the truth of a medical condition, the issue of credibility — of compelling OPM to view your FERS Disability Retirement application seriously — is a separate matter, and one that may really need an experienced attorney to represent you in filing a credible and truthful Federal Disability Retirement application with OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Lawyers Strategy: What If My OPM Disability Claim Is Denied?

Doubting can become infectious.  Once the confidence wanes, the seeds of doubt have been planted; once the seeds begin to sprout, further fears of shaken self-confidence begin to appear, and the shattering of a once-certain sense of calm begins to pervade insidiously within the soul of a questioning mind.

A denial from the U.S. Office of Personnel Management in a Federal Disability Retirement case is intended to do exactly that: Doubt the strength of your case.  It may quote directly from the office notes of your medical providers, and even selectively extrapolate statements that you once thought were “supportive” of your case, and the OPM “Medical Specialist” will yet conclude: “This does not meet the eligibility standards for Federal Disability Retirement, and it is insufficient and lacks objective and subjective evidence.  Therefore, you have not proven your case.”

Perhaps you believe you have given your “best shot”, and even with that, OPM has stated in rendering its denial that you do not meet the criteria to be eligible for Federal Disability Retirement benefits.  You have started down the pathway of “doubts”, and your confidence has been shaken.

The natural reaction?  Why even request reconsideration?

Of course, that is precisely what OPM wants you to think — that your Federal Disability Retirement case is so “weak” and unsubstantiated that you might as well give up and not pursue this, anymore.  Do NOT get trapped and deceived by the denial letter of OPM; the intent is to sow the seeds of doubt, so that a certain percentage of cases will simply give up without filing for Reconsideration of the OPM Denial Letter.

Time is of the essence in filing a Request for Reconsideration in every denial issued by the U.S. Office of Personnel Management, and while the selective extrapolation of evidence submitted is intended to sow those seeds of doubt, one must forge forward with confidence in the same manner that originally prompted the Federal or Postal employee into preparing and submitting the OPM Disability Retirement application in the first place: that one’s medical condition prevents one from continuing in the line of one’s chosen career, and thus does one become eligible for Federal Disability Retirement benefits.

It is simply a matter of proving it, and consulting with an attorney who specializes in preparing, formulating and filing for Federal Disability Retirement benefits under FERS is the next step in reinstating that self-confidence and setting aside the seeds of doubt that OPM has so deviously sown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: The way we live

Did we ever have a voice in it?  Was there a consensus of voices, a roll call of votes cast, or a participatory democracy in action that allowed for a resolution that resulted in it?  Or, as in authoritarian countries (and some would include ours in that category), was there a “Master Planner” who decided that this way we live was the best for all, with likely a minority of few living somewhat separately, and of course we can all be given some breadcrumbs of hope, as in, “If you work hard enough, you too can achieve this…”

We are told that modern technology has lessened the stresses of living; and, to some extent, there is a compelling argument to be made.  Medicine is no longer a barbaric torture chamber (unless you are subjected to its treatments – although, nothing in comparison to surgery without anesthesia or bloodletting by leeches or lacerations in order keep the humors in balance); workplace safety rules, forced labor circumscribed by laws that restrict hours and extent; mandated breaks and general recognition that employer-employee relationships should be honored with a synergistic approach (yes, this is more of a meaningless euphemism than not) – one can argue that modernity of living is far more preferable than the life Hobbes described of being “solitary, poor, nasty, brutish, and short.”

Must we conclude, then, that all the grumblings about life’s stresses and shortcomings are merely a result of our state of being spoiled?  That there is no true complaint to be made because of our ignorance of history and from whence we came, in comparison to where we are today?

There is, of course, another side to this argument:  In modernity, there no longer exists any “community”, anymore.  The fast pace we live by; the transient nature of the economy forcing mass migration to wherever the jobs appear; the paradigm we ascribe to of being “independent” at a young age; the cult of youth that places an emphasis upon a generation separated from parents, grandparents and family relationships; the freedom and liberty enjoyed for pleasure, without value, normative values or a shared sense of what we believe in, who we are, and where we are going.  Yes, perhaps there was a master planner, but whether of good or evil intent, one must question.

For the Federal or Postal employee, the question of the way we live comes down to a medical concern that leads one to prepare an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  The way we live and the work that is being done comes to an incommensurate clash for the Federal or Postal employee, and that is when a Federal Disability Retirement application must be properly prepared.  The philosophical musing of the way we live are somewhat of an aside; it is, in the end, the pragmatic steps in preparing, formulating and filing an effective Federal Disability Retirement application that can make all of the difference.

Pondering upon the roots and causes of the problems regarding the way we live can be set aside for the time being, until an OPM Disability Retirement has been approved.  Once it is approved, we are then presented with some choices; and that, in the end, is worth everything in being able to have the freedom in choosing the way we live.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Selling one’s soul

During the Holiday Season, there are always thoughts pervading concerning redemption, salvation, the “true meaning” of X, and whether we are living by the principles of which we espouse.  It is a natural phenomena, precisely because the rush and exhilaration of preparatory work suddenly subsides, and in a flash, the day of reckoning dawns upon us, and the quietude reverberates, resulting in untenable moments of reflective profundity.

The narrative of the kindly old man who drops presents for souls yearning for something more; or of redemptive confessions and regenerative promises declared on faith; these all make up the essence of Western Civilization’s essence of pride, prosperity and the progressive paucity of philosophical punditry.  They are the historical metaphors of past meanings, present meanderings and future outpourings.  Throughout, it is the essence of one’s soul which we are avoiding, and the vestibules of our reaching out to the future promises we have kept hidden.

Can a person sell his or her soul?  There are ways beyond mere transactions which transfer money for goods and services; there is compromise, submission, the word not spoken, and the moment forsaken.

For Federal employees and U.S. Postal workers who feel lost in such a downtrodden negation of heart, it is often understandable when a medical condition interrupts the delicate flow of life and living.  Federal and Postal employees 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 positional duties, will often feel that their life has been put on pause, and that others are progressing forward while theirs is but a lapse in time.

To file for Federal Disability Retirement (they feel, or are implicitly told) through the U.S. Office of Personnel Management is likened to “selling one’s soul” because, by doing so, one is abandoning one’s duty and fealty to the idea of the “good of the mission”.

Beware, however, to always clarify whose soul one is speaking about.  For, filing for Federal Disability Retirement benefits through OPM, for the Federal or Postal worker who is under FERS or CSRS, is to merely govern one’s own life, and to look out for the best interests of one’s own future.  It may be that when agencies, coworkers, or even one’s own family talks persuasively about how having that “good” job is more important than one’s health and well-being, that the soul that is being compromised is for the sake of another, and not your own.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Employee Disability Retirement: The Horizon of the “Other”

The horizon is that demarcation between earth and the heavens; in days of yore, it was the navigational calculus extracted from the curvature of the visible sea in determining distance, time, and the impending cliff over which the ship’s captain would fathom monsters of devouring delights.  It is where appearance emerges.

What is shown; what becomes visible to the naked eye; that which is unconcealed and revealed; what the “other” allows for, and manifests, is the horizon of personhood.  For some, the superficiality of one’s persona becomes evident quickly and early; others, boredom sets in after a few encounters; for a rare few, the horizon fails to unfold despite a lifetime of inquisitive hunting.

For Federal employees and U.S. Postal workers who are 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 question often entangles the time to judge the other’s horizon, when to emerge from the curvature of anonymity; and the timing of dissemination of information to the agency or the U.S.Postal Service.

In Naval warfare of days gone, it was the ability to view through the powerful monocular from the vantage point of the crow’s nest, which gave the strategic advantage when first sight of the enemy’s position and direction appeared at the horizon.

The revelation of one’s medical condition is likely to already have been a subject of whispered discussions at the workplace; but actually declaring to the Federal agency, its managers and supervisors, of the intent to file for Federal Disability Retirement benefits, is nevertheless somewhat of a “cat-and-mouse” play, where the bifurcating moment of significance is somehow delineated in that very admission of submission.

Preparing and formulating an effective Federal Disability Retirement application under FERS, CSRS or CSRS Offset takes time and care; the filing of it, a timing to take care.  Whether and when to inform the Federal agency or the U.S. Postal Service; obviously the filing itself will inform them; but as to whether to declare to the horizon of the other before appearing at that dividing line where earth and the heavens meet, is something which should be done with sage advice and a view towards legal implications.

Sincerely,

Robert R. McGill, Esquire