OPM Disability Retirement: Ascent and descent

It is the “high” of reaching it and the satisfaction of proceeding down and away.  The ascent is focused upon attaining a goal; the descent, a time of reflection in the satisfaction of knowing that the goal has been achieved.  What next?  That is what the challenge is, isn’t it?  Of knowing what to do next after something has been achieved and accomplished?

There are, of course, “voluntary” goals achieved, and those that are placed before us as obstacles through no choice of our own; of mountain climbers who search for the impossible — like the North Face of the Eiger where the tombs of countless attempts whisper in the arctic winds of time; or of Everest, where the icicles of history betray the foolishness of human attempts at immortality.  Then, there are obstacles that one must bear because of accidents or nature’s imperfection — of a condition one is born with, or one gets later in life.

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, the ascent to achieve has already been surpassed — you need no longer “prove” yourself; it is the fear of the descent that makes you pause.

Perhaps you do not see the descent as a challenge, but more of an obstacle.  Yet, obstacles present a challenge, as well, and the medical condition itself is one such challenge.  What would you say about the mountain climber who was concurrently playing a video game on his or her Smart Phone?  Or reading a book on Kindle while trying to conquer Everest?  “Foolhardy” would come to mind; “Not focused” upon the task, would be another.

So it is with the Federal or Postal employee who continues to try and struggle with the medical condition while concurrently trying to work; and that is what a FERS Disability Retirement allows for — an annuity which then gives the opportunity to focus upon one’s health instead of always being distracted by the demands of work.  The ascent has already been achieved; filing for Federal Disability Retirement benefits is the descent afterwards, in order to focus upon one’s health and well-being.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Ledger of Life

The Ledger was once that oversized binder which recorded the economic transactions for various purposes — of maintaining income and outlays; of keeping an accounting of various details in one’s life, whether of activities in business or even of one’s habits and patterns of existence.  Somehow, it doesn’t seem the same as typing such information into a computer, or of buying a software that categorizes and makes everything neat and simple.

That old Ledger that had to be lugged from one place to another reflected the weight of seriousness just in the act of lifting it; and when you opened the front cover and turned the pages where the latest entry still emitted the scent of ink still drying, one sensed the permanency of recordation as a trait of relevance that could never be erased.

And what of the metaphor — of one’s “Ledger of Life” — a recordation of the transactions that one has engaged; of the weightiness of that placed on one side of the ledger as compared to the negative notations appearing on the opposite side; of the image of St. Peter as the gatekeeper reviewing the annotated columns to determine if you “made it” — all because “The Ledger” reflects the value of your actions during the course of a lifetime?

Do we even think in those terms, anymore?  Or, while the dusty old books that used to be kept beneath the wooden grains of counters in dark and dank workshops were left behind when first the technology of modernity made for obsolescence of such anachronistic record keeping, did we then just revert to making mental notes for the things we did or did not do?

Most of us, if asked if we are “eligible” to pass through St. Peter’s exclusive club, would respond thus: “Oh, all in all, I have been a pretty good person and so, Yes, I believe I would qualify.”  And so we approach most things in a similar vein: We give ourselves a “pass” and believe that the Ledger of Life would favor our eligibility status.

And so it is with Federal employees and U.S. Postal workers who suffer form a medical condition and need to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management: Because you suffer from the medical condition and believe that the medical condition cannot but be proof of eligibility, so you believe OPM cannot but see what you see.  But filing for Federal Disability Retirement benefits is a paper-presentation to the U.S. Office of Personnel Management, and must be proven by a preponderance of the evidence.

It is very rare that any Federal Disability Retirement application is a “slam-dunk” case, or even an “easy” one; and like the Ledger of Life that we have left behind in the dusty heaps of bookshelves long forgotten, preparing an effective FERS Disability Retirement application is not just a simple transaction to be annotated into columns of neat book keeping, but a bureaucratic process that must be proven and argued for — somewhat like the Ledger of Life that must be submitted to St. Peter at the Pearly Gates of Heaven.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Lost…

One’s age can be revealed as to whether, in the privacy of one’s thoughts, the ellipses is replaced with — “Lost in Space”, or even The Swiss Family Robinson.  The former is a television series that ran between 1965 and 1968; the latter, a novel by Johann David Wyss published in 1812 that few of us read anymore.  Another television series recalled from the dustbin of history’s classics; another novel and writer no longer read, remembered or studied.

They are stories about lost colonies, lost people, lost souls — lost individuals.  The fact that they are “lost” is a phenomena that society finds interesting enough to retell the story about which we would never know, except that they were somehow “found” and were able to convey their experiences.

As a child, one remembers the self-contradiction of that very issue: the young, fertile mind queried (and never could get a satisfactory answer from anyone ):  How come, if they are really lost, we’re able to watch them on television, or read about them?  If they were found, then they aren’t lost, anymore, are they, and if so, why is it interesting or even relevant?  Or, is it just of historical interest that we enjoy hearing about the experiences during the time of “being lost”?

The world today, of course, is different from the yesteryears of a bygone era; the world is all “connected”, such that there are no places in the world where we haven’t seen National Geographic photographs depicting of untraveled areas where the “lost peoples” of the universe reside and continue to survive.  The Amazonian forests are being depleted through mindless mining and destruction; the Himalayan monks who once medicated in silence wear jeans and sandals while selling trinkets to wandering tourists; and the polar bears that once roamed the northern glaciers wander beneath the pipelines that stretch amidst the wilds once dominated by the wolves that sniffed with suspicion.

Today, we live amidst civilization’s constant drum of progress and technological connectivity; instead of being lost in the wilds of a universe still undiscovered, we remain lost amidst the communities in which we live.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition must by necessity lead one to consider filing for Federal Disability Retirement benefits under FERS, there is a sense of “loss” and “being lost” in at least 2 ways: The “loss” of a career once held promising; and of being “lost” in the complex, administrative process in preparing, formulating and filing for Federal Disability Retirement benefits.  In either sense of being lost, it is a good idea to consult with an attorney who specializes in Federal Disability Retirement Law — if only to get a roadmap to help one find one’s bearings.

Being “lost” does not mean simply that one does not know where one is geographically; in fact, most people are lost even in the midst of being surrounded by the daily din of civilization; and that is why consulting with an attorney in preparing, formulating and filing for Federal Disability Retirement is an important aspect in finding one’s way out of the morass of being lost.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Hypotheticals

Why do lawyers, above most other professions, utilize the tool of hypotheticals?  What is their evidentiary value, and in what way does it help to advance the cause of one’s case?

Say, for instance, you need an architect or an engineer (yes, yes, the humor here is that in speaking about hypotheticals, we are preparing to present one), would you be at all impressed if, after describing with precision the type of product you desire to have built, or in requesting a blueprint of a model house you are interested in, the architect or the engineer presents you with a hypothetical?

What, first of all, is a ‘hypothetical’?  It is, first and foremost, a proposition of non-existence, but with components of reality that may or may not have occurred or existed except in partial or disparate forms, delineated in an attempt to make or prove a point.  It is the tool of the attorney, just as the pencil and the blueprint are the resources of the architect, and the mathematical calculations the reliance of the engineer.  Often, it is used by means of analogical content to prove a point and to enhance the evidence gathered.

Take, for example, the lawyer who defended a bank robber.  He meets his client for the first time, and the criminal defense lawyer puts up a hand in order to stop his client from speaking, and says the following: “Now, take the following hypothetical, Mr. Dillinger: A man walks into a bank and hands a note to the teller that says, ‘Give me everything in your drawers.’  Now, that man was subsequently arrested.  No cash was ever exchanged; no weapon was ever found.  The question, then, is: What was meant by the words?  Only you know.  If, by way of a hypothetical, the man meant to obtain the contents of the teller’s drawer, it might mean 10 years in prison.  If, on the other hand, the note meant to be a lewd proposal about the teller’s anatomy beneath her undergarments, it would likely be a misdemeanor offense.  Now, Mr. Dillinger, which is it?”

Now, aside from some who would view such a presentation as somewhat unethical for “suggesting”, on the part of the lawyer, which intended “meaning” the defendant possessed at the time the note was passed, such a hypothetical is intended to denote the importance of hypotheticals within the purview of “the law”.  Hypotheticals allow for individuals to see the differences in paradigms or examples; it allows for options by way of analogy.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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, hypotheticals have quite likely become like unicorns and gnomes: no longer a figment of one’s imagination, but a reality that must be faced within a surreal universe of a Federal Agency or the Postal Service that fails to possess the humanity necessary in dealing with a person with failing health.

Words of platitudes are often spoken; and, perhaps, here and there, you come across someone at your agency that actually cares.  But for the most part, such “caring” amounts to no more of a reality than mere hypotheticals; and when that realization comes about that the clash between hypotheticals and reality must be confronted, it is time to get down to the “nuts and bolts” and prepare, formulate and file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

And, as an aside, you may be asking, What was Mr. Dillinger’s response to the lawyer’s hypothetical? He punched the lawyer in the mouth, stood up and said, “Jeez, I ain’t no pervert!  Of course I wanted the money!”

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Retirement Layer: Cartoons & Carnivals

In exclusively representing Federal employees and Postal workers to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the stories that are shared, the frustrations felt, and the tales left untold, collectively boggles the fragile mind.

Yes, by now, perhaps it is a truism that nothing under the sun can further be revealed that is of a surprising nature; but it is often just the sheer cumulative absurdity which, in their aggregate compendium of events, could only have occurred in cartoons and carnivals.  By contrast, there is the seriousness of the medical condition itself.

That is always the starting point, and the essence of why Federal and Postal workers contact an attorney who handles OPM Disability Retirements, based upon whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset.  Eligibility rules must first be met; then, the issue of entitlement must be proven by a preponderance of the evidence.

The comical relief and the sense of a carnival atmosphere, where cartoonish characters collide with the sobering reality of one’s medical condition and the potential end to one’s career in the Federal sector, arises inevitably through the actions of the agency, and their complete lack of empathy or concern.

Yes, agencies must continue to remain efficient; and yes, they must continue in their mission and course of work; but in the end, all we have left is family, community, values and vestiges of human interaction, and the littered graveyards of silent skeletons where marked graves and unmarked cemeteries speak not of efficiency, meanness and uncaring residues, but only where fresh flowers and wreathes of caring surround the frozen ground of time; yes, only in cartoons and at carnivals do people act with the absurdity of loss of humanity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Long Goodbye

The relegation to the basement office; the loss of niceties with coworkers; the negation of superlatives from higher ups; the clues become overt, blatant and uninviting.  Long goodbyes are often fertile ground for the souring of relationships forged over decades, and human interactions which reveal a perversity once thought uncommon.  Does the past count for anything, anymore?

Medical conditions and their impact are meant to evoke empathetic responses; instead, they often bring out the worst in humanity.  For Federal agencies and the U.S. Postal Service, they portend of headaches and interruption of efficiency; they are a bother.  For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the growing absences, the need to attend to one’s medical conditions — all become the priority of life and living.

From the agency’s viewpoint, it is a malignancy of logistical magnitude; another problem to be solved; and the longer the goodbye, the greater the extenuating interruption.  It is this clash of interests which calls for resolution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an indicator to the agency that there is an end in sight, and once filed, it is merely a waiting game before finality of decisions is reached.  Often, the mere filing relieves the increasing pressure felt, like the encasement of boiling water which needs an outlet.

Medical conditions often require a long journey of sorts; it is the long goodbye which makes it all the more evident.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from the U.S. Office of Personnel Management: Continuity of Care

Most things in life require a continuity of care.  Yes, projects will often have an inception date, and termination point where, once completed, no further maintenance of effort is required.  But other concerns require further and elaborative engagements beyond the linear horizon of attendance, including:  teeth, dogs, children, marriages, and Federal Disability Retirement benefits.

When a Federal employee or U.S. Postal worker obtains that vaunted and desirable letter of Approval from the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the tendency is to think that one may then fade into the proverbial sunset, ever to receive a Federal Disability Retirement annuity and focus upon one’s health, medical conditions and the medical care required.

But then there comes additional contacts from OPM — perhaps not for a few years; perhaps not for a decade.  But the potentiality of the contact is there, and one must lay down the framework of preparatory care in order to respond appropriately.  If not, what will happen is this:  A fairly innocuous request for employment information can result in a termination of the disability annuity, based upon a “finding” that you have been deemed medically recovered.

That “Final Notice” from the Office of Personnel Management does, fortunately, allow for Reconsideration rights, as well as further rights of appeal to the U.S. Merit Systems Protection Board.  Additionally, there is a proper methodology for responding to OPM, to enhance and greatly ensure the continuation of one’s Federal OPM Disability Retirement benefits.

Wrong steps can lead to negative results; unresponsive panic without proper legal argumentation can have the unwanted consequences of an unnecessary loss of one’s Federal Disability Retirement annuity.  The best approach is always to respond with the legal armaments and arsenal one is provided with, and to maintain a continuity of care for preserving one’s Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire