FERS Medical Retirement from the OPM: The Strategy

Is it always necessary to possess one?  Must one always have to be able to articulate it before moving forward?

How would you respond and react if, say, you were in the military and about to embark on a major mission, and your platoon leader turns and says to you, “Now, this is a dangerous mission and we have to do it, even though we don’t really have a strategy as to how we will go about accomplishing the mission.”  Would such a statement empower you with confidence?

Or, would you smirk quietly and whisper to the person next to you, “Wow, that’s a confidence builder!”

Or to a child who one day declares, “I’m going to be a billionaire!”  Would you suppose that such a declaration is without a strategy because of the age and youthful exuberance exhibiting folly?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, it is important to have a strategy — a thoughtful, sequential plan of how to go about preparing the application; what legal arguments to formulate; when to file.

Contact a Federal Disability Lawyer to discuss the further particulars of your case — one who specializes in Federal Disability Retirement Law exclusively.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: The Unexpected

It can be exciting, yet disconcerting; a pleasant surprise, but moreover an unwelcome event; and perhaps even a pleasurable moment but with an uncomfortable edge.

We live by routines but thrive through tumults.  The “unexpected” is what jolts us out of the doldrums of daily repetitiveness, and is sometimes that which is needed in order to bring us out of the complacency of comfort and monotony.  Some thrive on it so much that they seek the adrenaline that accompanies, and attempt to make it as the mainstay of life — like the high of addicts which is constantly needed in greater doses in order to return to the baseline of euphoric feeling itself.

Some forms of the unexpected are unwanted; others, tolerable and endurable; and still others, perhaps gleefully embraced with open arms.  Much of the unexpected, or course, was fully expected; it is just that procrastination and disregard allowed it to remain out of our consciousness for a time such that, when the unexpected finally arrived, we forgot that it was to be expected but wanted it not to be so.

Isn’t old age expected?  Aren’t the chances of an automobile accident to be expected if you commute 100+ miles every day?  And aren’t medical conditions to be expected over a lifetime of stressful living?

For Federal employees and U.S. Postal workers who encounter the unexpected — a medical condition — which begins to impact you in an unexpected way — of preventing you from performing one or more of the essential elements of your Federal or Postal job — it may be time to consider the unexpected: Of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the unexpected bureaucratic complexities involved in filing a Federal Disability Retirement application with OPM should further complicate the unexpected, and so that the unexpected can be exposed to reveal the greater expectations of a future yet unexpected.

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 Disability Retirement: Those intersecting connections

We hear all the time about the shrinking world, the smaller universe, the global village – all metaphors to help and understand, to comprehend and be able to withstand within the insanity of a world that continues to intrude, intersect and impose itself upon every corner and aspect of lives lived and daily interrupted.  It is a way for people to cope with the fact that we can no longer avoid the reality of those intersecting connections from worlds, cultures and universes that make up the daily reality of our walking lives.

The newspapers globalize each and every issue; the television and cable news outlets care little for local news unless it, too has some national consequences; and so we live with the anomaly that the only time you might hear about your own hometown is if some horrific event occurs that other people in other towns might care about.  And, even when a story is reported about an event that occurs just around the corner from the news station, headquarters or whatever manner of identifying the central place where all of the equipment, studios and personnel gather to emit their airwaves of newsfeeds, they act as if it is occurring in some distant county or country, with perhaps a bit of weeping as an afterthought with a statement like, “And it makes it all the worse because it happened just in our own neighborhood!”

The world is indeed one comprised of intersecting connections, and we voluntarily allow for those connections to make our own perspectives molded into “theirs” by inviting various cable channels into our living rooms.  Do we really have a choice?  Can we just remain ignorant and ignore the reality of the global economy, the extended village and the universal concerns of the day?  How do we live with the complexities of intersecting connections, when we can barely deal with the local problems that beset us within the cocoon of our own lives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the daily ability and capacity to perform all of the essential elements of the Federal or Postal job, the microcosm of intersecting connections may well be magnified to a level where it competes with what is occurring on a more global scale.

Suddenly, the Federal Agency is moving to put pressure on you – like those competing foreign companies you hear about in the world economy.  Or, the Supervisor is no longer being cordial – somewhat like the world leader who doesn’t return calls to the President.  Coworkers no longer treat you as an equal – like nations that suddenly go rogue without explanation.  You have to file a complaint – like submitting to a U.N. vote for sanctions.

We have all been groomed and prepared to think in terms of intersecting connections, but for the Federal and Postal employee who suffers from a medical condition such that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity, it all comes back to a more local and personal connection: one’s health, and the need to focus upon one’s personal life.

No matter how global the world has become, never forget that it is the personal life of close connections that really only matters in the end.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Meaningful turns

How many turns do we make on any given day?  Not just actual ones, like those turns while driving a car, but figurative ones, as well.  If a person approaches you and asks, “Did you make the right turn?” — what is the response?  Is there a “right” answer?  Is there a relationship in the English language between the terms “right”, “left” and the physical attributes we possess?

If a person tells of another, “He’s way out in left field,” is that because we attribute the term “left” with residues of the negative?  And, how did the terms “left” and “right”, when referred to in politics, come to have a meaning of equivalency?  Was the fact that right-hand dominance was historically preferred to left-handedness, to the extent that teachers once used to punish those students who naturally attempted to utilize their left hands in handwriting, drawing, etc., account for the linguistic dominance and preference given to the term “right” as opposed to “left”.

Do we understand the concept with greater presumption when a person says, “He made a left turn and got lost,” even if the person actually made a right turn and found himself in an unfamiliar neighborhood?  And what of “meaningful” turns – are there such things, as opposed to spurious and meaningless ones?  How often we confuse and conflate language with figurative speech and objective facts; and then we wonder why most people wander through life with confusion, puzzlement and an inability to cope.

Russell and the entire contingent of British linguistic philosophers, of course, attempted to relegate all of the problems of philosophy to a confusion with language – and, of course, only the British, with their history of Shakespeare and the sophistication of language, its proper usage and correctness of applicability could possess the arrogance of making such an argument.

But back to “meaningful turns” – in one sense, in the “real world”, every turn is meaningful to the extent that we turn and proceed towards a destination of intended resolve.  But in the figurative sense, it refers to the steps we take in mapping out consequential decisions.

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 worker from performing one or more of the essential elements of the Federal or Postal worker’s position and duties, the “meaningful turn” that one must consider should by necessity ask many questions:  How long can I continue in this job?  What are the consequences of my staying, both to my health as well as from the Agency’s perspective?  How long before my agency realizes that I am not capable of doing all of the essential elements of my job?  Will my excessive use of SL, AL or LWOP become a problem with the agency?  And what about my health?

These are just a series of beginning questions on the long road towards making one of the meaningful turns that confront the Federal or Postal employee in the quest for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Of other’s misery

It may give one a sense of short-term satisfaction; sort of like Chinese carry-out, it satisfies for an hour or so, then seems to lose its efficacy for fulfillment.  Whereas, there are other foods that tend to last for greater time; and so it is with receiving news or information of other’s misery.  It certainly allows for a comparison of sorts; of tilting balances imagined, or even for contrasting accomplishments forsaken, dreams yet unfulfilled or misery unabated.

Of other’s misery – we condescend, conceal our delight and contend that we care and “feel terribly”; in other words, we sit and do nothing about it, even if we were able to.  Oh, we give the proper lip-service, of course: “How terrible”; “What a shame”; “What can one do?”  But all the while, inside, we whisper in soliloquys that harbor those feelings of secretive annoyances that say, “Thank goodness it is the other guy,” and begin to take an inventory of relief and comparative analysis of how best to take advantage of the situation.

Is that too cynical a viewpoint?  Does Machiavelli live within all of us?  Perhaps not to the extent described.  Then, what of other’s misery?  At a minimum, it provides a contrast and places us in a state of reality that says, Maybe our situation is not so bad after all.  Contentment by contrast of balancing the misery of others, however, is no way to live.

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, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to preparing a successful and effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management is not by comparing the content of other’s misery, but by a direct creation of a nexus between one’s own medical condition and the essential elements of one’s position description.

Forget the instinctively wrong-headed approach of asking, “Well, does X-medical condition qualify if so-and-so had the same condition and was still able to work?” Or: “There are others more bad off than I am, so…”  So what?  Federal Disability Retirement is a specific legal basis that requires specificity as to individual circumstances.  It is irrelevant as to issues of other’s misery; it is one’s own that one must focus upon.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Disability Retirement: Regarding dogs and books

They are the two default positions to happiness, loneliness and sorrowful days that can only be solved along with a cup of hot chocolate.  What is amazing and somewhat perplexing is that, as to the former, the very fact that one species of life can have such a close and interacting relationship with another existent species is an incomprehensible truism steeped in beauty.

History has established that people and dogs maintain a unique synchronism that goes beyond mere parallel existence.  We can walk among birds and hear them chirping; jog past a rabbit that freezes, then scurries away; and even have a suspicious but interactive peace accord with squirrels, cats and gerbils; but of a dog that awaits your every move and watches with loyal love, there is a special relationship and bond that can never be described by words alone.

As to the other elements in the twin concepts of the title above, what can one say?  Books are the products created by the uniqueness of language; the compendium of complexities amalgamated by first a letter, then a word, then words within sentences that elongate into paragraphs; then, slowly, page by page, they form to create a work – of fiction, non-fiction, a mixture of both, either or neither as in crime novels, “true life” extracts and the admixtures of imagination, images, memory and reminiscences.

Books allow for loneliness to dissipate when betrayal and disloyalty have reared their ugly heads; when backstabbers and plain meanness whips the urns of ashes deadened with ancestral grief upon a rainy night of groans and tears wept upon what could have been; and then we can get lost in a good book and feel the air being disturbed by the wagging tail of a dog so loyal.

Regarding dogs and books – there is no replacement for such a duality of life’s mystery.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may necessitate 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, the feeling that the “world” has betrayed because the Federal agency or Postal Service is unwilling to accommodate and “work with” your medical condition is a true enough fact; but don’t let that fact of disloyalty dissuade you from recognizing that there are still entities out there who remain loyal – like your dog (if you own one; and if you don’t, you should get one).

And also remember that the goal of getting OPM Disability Retirement benefits is tantamount to reading a good book – it allows you to reorient yourself and regain the proper perspective by allowing you to focus upon the priorities of life – of your own health.

People often think that life is complex beyond endurance these days; but in the end, a loyal dog and a good book are about all that one needs to attain happiness – and, of course, one’s health, which is the primary reason why fighting for one’s Federal Disability Retirement is important, so that you can focus upon maintaining your health, so that you can sit with a good book beside a loyal dog: the key ingredients to ecstatic joy itself.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Life’s Repertoire

It is one thing to have a stock of memorized pieces or performances from which one can reach back and employ, like an inventory of dusty artifacts which can be brought out for display upon request; quite another, however, to reveal it, dust off the residue, begin to showcase it, then be interrupted and, without missing a beat, to ad lib above and beyond the prepared piece.  The tape recorder (does anyone even remember what that contraption is or was, in this digital age?), the CD, the digital device; once set, it can only be altered by enforced remixing.

The human being, however, can adapt and respond according to the vicissitudes of changing and demanding circumstances.  The best jazz musicians are the ones who can go with the flow, and change from the vast spectrum of rising keys and notes in the flash of a feeling; as the blare of the trumpet, the sax or the flugelhorn rhythmically calls upon the beat of the drummer.  It is, in the end, the repertoire which we carry, from which we can wander; without the inventory left in reserve, we would have nothing to start with.  In life, we rely upon that repertoire to carry us forward each day.

For the Federal employee or the U.S. Postal worker who becomes beset with a medical condition, such that the medical condition begins to interrupt one’s stock of daily routines, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, becomes an important part of that inventory.  Yes, it is an inventory of change, a repertoire of alterations; and some ad libbing must be engaged; but much of life’s repertoire has been unusable, anyway, and the forced alterations may stretch one’s limitations, but rarely break.  Procrastination, avoidance, neglect and suppression of the inevitable — they are never the stock and trade of the best of jazz musicians.

Rare is the Federal or Postal employee who is also an accomplished jazz musician; but in the privacy of one’s home, the Federal or Postal employee who is forced to consider preparing, formulating and filing for Federal Disability Retirement benefits through OPM because of an interruption from a medical condition, is one who must ultimately toot his own horn, in his own time, and in his own unique way, whether forced or not, and to reach back from the vast repertoire of life in facing the challenges in confronting a medical condition both unexpected and unwanted, but there anyway, as another obstacle to overcome in this thing we call a journey of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability: Demythologization of the Process

Beyond being an ugly word, Spinoza attempted it, but closer to the heart of a flawed hermeneutical approach, the theologian, Rudolf Bultmann spent his career attempting to separate the conceptually inseparable narratives encapsulating historical content, context and the meaning behind miracles and metaphor.

All processes are mysterious, until detachedly analyzed, devalued or debunked.  Some merely throw up their hands and reject a subject in its entirety; others spend a lifetime in trying to understand it, and thus do cottage industries emerge.  The peril of pursuing a discipline of futility is that, in the end, the process of one’s own actions may be just as inexorably a conundrum as that which one attempts to unravel; read a single, random paragraph from Heidegger, and one immediately understands such a declaration of frustration.

Often, for Federal employees and U.S. Postal workers, the prefatory statements of confusion abound:  ” I’ve heard that…”; “OPM always …”; “Is it even worth it to…”  But there is indeed a practical difference between the bureaucracy itself, and the bureaucratic process; the former is merely a juggernaut of an agency which is impenetrable because of the nature of the Federal system; the latter is an administrative process replete with multiple layers of statutory and regulatory devices which are complex in their compendium of requirements.

Filing for Federal Disability Retirement benefits by the lay person, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a complex, puzzling and often overwhelming process.  It can be likened to handing a complex transactional law case involving multiple Fortune 500 companies attempting to merge for purposes of avoiding specific legal entanglements to a first-year associate; mistakes are bound to be made, as one fails to recognize the inherent complexities or the need to draft preventative safeguards.

Further, when a medical condition already weakens the physical stamina of the Federal or Postal employee, and tests the limits of one’s cognitive acuity, the ability and capacity to engage a large and complex bureaucracy can be, at best, a challenge.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is analogous to the hermeneutical approach of attempt to demythologize a sacrosanct text of unyielding historical import; the difference from theology, however, is in the pragmatic need and practical residual consequences foretelling; and as they say in the fine-print warning of some advertisements, you should probably not try this on your own.

Sincerely,

Robert R. McGill, Esquire

The Devaluation of the Federal Employee with Disabilities

Countries engage it deliberately with its currencies; economic circumstances force it based upon fluctuating market volatility; and the basic principles in capitalism of supply and demand will often expect it.

Currencies are never stable indexes despite the best attempts by countries to manage and control their economies; the fact is, in this interconnected world of global economic entanglement, devaluation of worth can occur overnight, just after the soft breathing of nightfall overtakes, but before the dawn of first light when the halls of stock markets in faraway colonnades lined in symmetrical facades open their doors for the business of commodity markets.

Fortunes can be made, and lost, overnight; but the devaluation of that which implicates worth, can just as easily fall upon the human soul.  Medical conditions tend to do that.  We exchange, trade, value and appraise based upon a commodity’s supply, demand, desire and greed of want; but when it comes to human beings, though we deny such callous approaches, the encounter with such baseness still prevails.

For the Federal employee or the U.S. Postal worker, facing devaluation is nothing out of the ordinary when a medical condition hits.  Once the Federal or Postal worker suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the avenue of choices becomes starkly clear:  One can try to hang on; one can walk away with nothing to show for those many years of dedicated and loyal service; or one can file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

It is the last of the tripartite alternatives which is the best option, and one which can secure a future for the Federal or Postal employee.  For, ultimately, the whole point of devaluation in paradigms of economic theory, is to stabilize the currency for future years; it is the experience of short-term suffering to attain long-term calm.  Economics is merely a microcosmic reflection of a macro-global perspective, and application of parallel principles are relevant to situations which might otherwise appear foreign.

Federal agencies and the U.S. Postal Service engage in devaluation, just as governments do, when the worth of the Federal employee or the U.S. Postal worker is seen in terms of productivity for the moment, and not for the long-term benefit gained for the future.

We live in a world of short selling trades; everything is seen for the immediacy of gain; but fortunately for the Federal or Postal worker who must contend with the attitude and approach of a Federal agency or the U.S. Postal Service in viewing the devaluation of the worker based upon productivity, the option of filing for Federal Disability Retirement benefits through OPM is one which is available, attractive, and allowable for those who are eligible to prepare, formulate and file for the benefit.

Sincerely,

Robert R. McGill, Esquire