Tag Archives: idiopathic hypersomnia disability approval by opm

Federal Medical Retirement Law: Impotent Perplexities

We live in a time of perplexities, and where we stare paralyzed with inaction, unable to move, incapable of solving, impotent to act.  “It is too complex”; “It’s not my problem”; “It’s outside of my department”; “Let those who created the problem be responsible for the solution”, etc.

We have come to think that words alone can move the world; and so people spend hours upon countless hours on computers, Smartphones, social media, etc., and stare at a blank slate and believe that by pushing buttons, some modicum of differences can be implemented.

Then, when nothing happens, nothing changes, nothing moves — in a word, perplexities abound and impotence dominates — we become paralyzed with a question mark: Why did nothing happen?  And so we become ensconced within the insularity of our linguistic conundrums, forever impotent in our perplexities, eternally paralyzed by our own inability to find our way out from the maze of our own making.

Medical conditions can result in the paralysis of impotent perplexities; for, in the end, many medical conditions remain as perplexities themselves within the very medical community which declares science as the pinnacle of human achievement.

Furthermore, for Federal employees and Postal Service workers, here is another perplexity which may confound you: How do you maneuver through the Leviathan of bureaucracies like that of the U.S. Office of Personnel Management?

Consider hiring an attorney who specializes in Federal Disability Retirement Law, and have an advocate who knows the ins and outs of maneuvering through the impotent perplexities of a confounding bureaucracy in preparing, formulating, filing and getting an approval of a Federal Disability Retirement application under FERS.

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 Attorney Help: The Paralysis of Indecision

There is, on the one hand, an approach of charging forth with a decision; on the other, a more contemplative manner of considering the options, letting various arguments be heard, then taking into account the pros and cons and coming to a deliberative conclusion and decision.

Such differing approaches often reflect the personality of the decision-maker; and, of course, between the two extremes on a spectrum of decision-making approaches, there are various “middle-ground” ways.

One often hears about the need for “decisive” action, where such an approach is often viewed as more effective and enveloped with great confidence.  Military responses are often characterized by the “charge forth” approach, whereas political expediency is too often reflected in the long and tiresome “consideration of all sides” approach.

In the end, whether one takes a lengthy, deliberative approach in making a decision, or immediately issues a definitive command to perform a deed, it is the paralysis of indecision which fails to abide.

For Federal employees and U.S. Postal Service 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 paralysis of indecision often comes about because of the hope for recovery of one’s health.

And that is often a good thing.  Hope springs eternal, but when the reality of one’s medical condition becomes chronic and never-ending, the paralysis of indecision merely exacerbates and worsens.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and do not allow the paralysis of indecision to keep you stuck in the quicksand of your medical condition.

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 for Federal & Postal Workers: Loneliness

The human condition is an entanglement with various emotions and encounters with stimuli responding to complex sets of reactive and involuntary states.  We create words to try and describe them, but are they adequate in representing such conditions?

Once overused, words tend to lose their efficacy.  We see it in news cycles where certain phrases, concepts, emotive words are repeated throughout a crisis or particular circumstance, and over time we become numb and immune to them.  “Loneliness” is a word/concept which is strange and foreign to many people.  This is supposedly a brave new world which has witnessed an explosion in social contexts through new technologies.  We are allegedly more “connected” with the “greater world” such that we have become a “global community”; and yet….

Medical conditions are often associated with loneliness.  It is an encounter which only the person impacted can fully understand.  When a Federal employee or U.S. Postal worker needs to file a Federal Disability Retirement application with the U.S. Office of Personnel Management, the impact of a medical condition must be presented to OPM in a proper, effective manner, in order to potentially obtain an approval.

It is, indeed, a lonely process — because it is beyond the grasp and comprehension of all others, no matter how “connected” they may be.  Loneliness in the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS is a natural part of the process, and to counter that, you may want to consult with a Federal Disability Retirement Lawyer to blunt the loneliness part of the long, arduous and complex process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Perfect Day

For those with a literary bent, the natural inclination is to complete the title with, “for banana fish” — the erstwhile J.D. Salinger short story.  For the rest of us, it may be defined in other ways, different manners and varying definitions: Perhaps it is a day where one’s favorite football team wins; or, a quiet day of reading beside the fireplace, where snow drifts slowly upon the world outside, but not so much as to need shoveling or snow blowing, just enough to provide a picturesque scenery of calm and repose.

Or, perhaps it is one of negation: No work; no present worries; no children clamoring for attention; no arguments; no in-laws visiting without invitation.  Different definitions depend upon different perspectives of differentiated debacles; for some, “perfection” is what we will settle for less than the official dictionary definition; for others, the high standards we demand do not allow for anything less than.  If one of positive accomplishment, the taskmaster is never satisfied; but if it is based upon mere negation, then we may accept something less.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the perfect day may be just an ordinary one — where one’s medical conditions are temporarily tolerable.  But such a standard cannot last forever, and yet one can hope that — with the worry of work behind you, the concern for the future still before you — if a Federal Disability Retirement annuity can be obtained, at least the stress of work can be set aside so that you can focus upon regaining your health.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider the perfect day that may yet be achievable: Of a day where your health may be somewhat restored, perhaps not even reaching a level of perfection but merely of acceptability.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: Who we are

That is a rather presumptuous title, one might declare; for, it is always the “we” that others presume to know, as opposed to limiting the declarative within the restrictive confines of one’s self, family and surrounding community.

What is the great equalizer that allows for the collective plural pronoun?  Is it television (i.e., do “we” all watch the same shows and thus form a conglomerate of a universal consciousness)?  There was once a time when one could argue that a unity of convention existed — especially harkening back to the days when there were essentially 3 networks to choose from, and where all three were similar in content, thought and approach.

In modernity, is it the Internet?  But the worldwide “web’ is too diverse to narrowly formulate a cumulative effect of similar normative beliefs.

Perhaps that is why society in general is so diverse and fractured; where even a simple consensus amidst a small community cannot be reached, and how geographic differences have become exponentially and irreversibly altered and separated from one another.

Who are we?  Yes, the inversion substitution of the second word with the third makes the declarative into a query, and changes the entire subject matter.  It is, perhaps, both a statement and a question, and neither make sense, anymore.  And so we are left with a singular voice — of a monologue and an aside, or as in a play, a soliloquy, where the character asks the universal question, Who am I?  Am I the collective consciousness of my direct descendent, and does that have meaningfulness, anymore?  Why do we seek answers by purchasing and sending away “DNA kits”, as if the spiral spectrum of cellular anomalies would be able to answer the question which haunts us all?

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 potential loss of one’s identity within the community of Federal and Postal workers is often the step that is difficult to take.

One’s identity, purpose, drive and dreams are often bundled up into an inseparable conglomeration of work and identity, and to separate from that self-identification is often a difficult venture to undertake.  But the danger, of course, is that you may be forcibly separated if you do not take the steps necessary to protect your identity.

The Agency will ultimately terminate you, and the harassment because you have taken too much Sick Leave, Annual Leave, FMLA or LWOP is inevitable.  Better that you file for FERS Disability Retirement benefits and retain a semblance of who you are, lest the Federal Agency or the Postal Service does that to you unilaterally, leaving you with the question, Who do they think they are?

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Universal Specialization

The world didn’t just become bifurcated over-night; it then shattered into a thousand universal parts, and each required a specialization where subsections of the primary subject became sliced into lesser wholes, the parts of smaller parts, until no one now knows how to do anything without the specialized aid of the specialist in the department of specialization.

The fractured world has become one of micro-competence, where once the jack-of-all-trades individual was needed in order to run a farm, feed a family, be a doctor to the animals, as well as work as a carpenter, plumber (oh, we forgot — outhouses were used back then, with nary a trace of indoor plumbing, so strike that), and the all-around “MacGyver” guy from the 1980s series where ordinary items were easily transformed into extraordinary problem-solving implements.

Overspecialization of a society leads to alienation; taken to the extreme, it makes into each of us incompetents to even turn on the faucet.  Marx would have been aghast — for, no longer is the assembly-line factory worker alienated from the work he or she works upon by not feeling the accomplishment of the “finished” product, but moreover, doesn’t even know the purpose beyond the 4 screws that are drilled into the monstrosity because of overspecialization.

Is the world a better place because we comprehend less of the pie that constitutes the whole, and is our knowledge of it any greater merely because dissemination of information is available via the Internet?  The two are somehow connected, are they not?

Somehow, there must be some mathematical formula involved, something akin to: The Greater the X, the Lesser the Y, when factors 1, 2 & 3 interface with exponential diminution of T minus Z. Complexity, in the end, often induces greater specialization, and unfortunately that is true in the field of Federal Disability Retirement Law.  “Local Lawyers” are rarely knowledgeable enough to represent Federal or Postal employees in an OPM Disability Retirement application.

The various Stages in the process of Federal Disability Retirement Law require precise and targeted responses; and for the Federal or Postal employee preparing to “put together” a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management under FERS, it is not the right time to be the “MacGyver” type of guy; it is best to consult with a Specialist in Federal Medical Retirement Law, and prepare well for the fractured road ahead where universal specialization is a necessity in a world where horse and buggy are no longer existent except on faraway farms in Pennsylvania or other scattered places where the Amish retain the “old ways”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Application: The tumescent narrative

The pendulum between a swollen ego and a timid conscience can be wide and vast; or of the difference between panicked shyness amounting to a hermit’s refuge, and arrogance in man that betrays the smallness of one’s heart.  Being “puffed up” is one thing; demanding one’s rights without persuasive argumentation, quite another.

In formulating one’s “story” in preparing an effective Federal Disability Retirement application, specifically on SF 3112A, Applicant’s Statement of Disability, the undersigned lawyer has seen – when a person has tried this on his or her own at the First Stage of the process, been rejected, and has come for assistance and legal guidance at the Second Stage of the Process (called the “Reconsideration Stage” before the U.S. Office of Personnel Management) – an underlying tinge of what may be deemed a tumescent narrative:  A delineation of demanding, as opposed to persuading, of asserting, in contrast to revealing, and one of puffing up, in contradistinction to allowing the facts to speak for themselves.

Fear is often the explanation for engaging in a tumescent narrative; for, to cover that fear, arrogance and puffing up is thought to conceal the stench of fright.  What should be the voice, tone and approach in a narrative statement to the U.S. Office of Personnel Management?

Certainly, every story has a tonality that undergirds the telling of it, and even if the voice is absent, the speaker not present, the written delineation will still spill over with a cadence of unmistakable clarity.

Should the voice reveal humility, a begging for an approval?  Should it be demanding, overreaching, iconoclastic in its compelling movement?  Would it be better to be neutral, state the facts and respectfully request a fair review?  What of the references to legal precedents – is there an appropriate tone and gesture to the argumentation and methodological road-map presented to guide and persuade?

Every written narrative – even a few sentences – can reveal a “voice” behind the static nature of the written words.  In preparing an effective Federal Disability Retirement application, the Applicant’s Statement of Disability will be a central component of the application packet; and, if an attorney is involved, a legal memorandum should always accompany it by providing a statutory roadmap to the U.S. Office of Personnel Management.

What most people do not understand is that the tone and voice of a Federal Disability Retirement packet – with the compendium of medical reports, narrative statements on SF 3112A, legal memorandum and argumentation for persuasion to an approval – can have a shifting tone depending upon what is being addressed.

The tumescent narrative is one which is likened to a mono-tone, and therefore, to a great extent, tone-deaf.  Circumstances should dictate the voice of the narrator; where facts are stated, neutrality is called for; when persuasive argumentation is encompassed, a bold and confident assertiveness.

The effective Federal Disability Retirement packet must embrace a variety of voices, and never allowed to be relegated to the quivering reaction of a tumescent narrative, where fear becomes the guiding principle for an ineffective voice.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Law: The mish-mash approach

Do you have a linear, sequential methodology?  Is the legal argumentation systematically constructed?  Or, is the mish-mash approach consigned – of a hodgepodge of thousands of hands at needlepoint in creating a colorful quilt for the Fall Festival of creative designs?

Is the Bruner Presumption invoked as an afterthought, and the Bracey-argument concerning accommodations defined in an obfuscated manner, such that the argument reveals more about what you do not know and understand, than of a pin-point accuracy as to the sharpening and attacking of the issues preemptively recognized?  Have, indeed, the knives been sharpened for the battle ahead, or have you revealed the dullness of the edges such that the U.S. Office of Personnel Management will likely scoff with disdain and deny the case at the First Stage of this process?

There is a substantive distinction to be made between making an argument in a non-systematic way, as in a proverbial “shot-gun” approach or of throwing what substance you believe will stick and subsequently splattering it against the wall in hopes of increasing a statistically deficient implementation of the process; that, as opposed to a streamlined, methodological approach of sequentially addressing each issue in a preemptive, categorical manner, as well as recognizing what not to touch at this initial stage of the Federal Disability Retirement process, and in realizing what should be addressed.

For Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, basing one’s approach upon a “hope and a prayer” that things will turn out well, is probably not the most effective nor efficient engagement of behavior.

First, the initial process and stage itself is a bureaucratically lengthy procedure, such that if the Federal Disability Retirement applicant does not enhance the chances of success at the First Stage, time is “lost” in that a denial will simply quantify by exponential multiplication the time taken at the Second, Reconsideration Stage; and further, another catastrophic delay if an appeal is needed to be taken to the U.S. Merit Systems Protection Board.

In the end, the mish-mash approach is what most of us do in life, and often is the very reason why we ended up where we are.  But in the preparation, formulation and filing of an effective Federal Disability Retirement application, it may well be time to abandon the mish-mash approach, and consider consulting with a Federal Disability Retirement lawyer who specializes in a different approach – one reflecting a systematic, methodological and sequentially logical engagement, refined through many years of experience and encounters with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire