FERS Medical Retirement: Abandonment of Methodology

Modernity denounces methodology.  Suspicions abound when it comes to traditional invocations of previously-tried methods.  The young denounce method; “on the fly” is considered the nouveau appetite in “basement-beginning” internet start-ups; of young geniuses who can do no wrong.  Systematized business models; the way things have always been; the need to know one’s place and to wait for one’s turn; these, and many more, are considered  the antiquated detritus of past misgivings.

While no one needs to invent the wheel each time, the trend has been to celebrate creativity and innovation, and in the process, to abandon tradition, old ways, and thus old people.  This is a culture of youth, and so the plastic surgery industry and cosmetic do-over trends have exploded into successful business ventures.  Even “rational thought” is being abandoned — of the outmoded logical structures in proper argumentation, the Aristotelian model of symbolic logic:  Out the Metaphorical Window!

Yet, in some corners of rational discourse, methodology must remain essential.  For, the “law” depends upon methodology; of a logical, linear manner of argumentation.

For Federal employees and U.S. Postal workers who suffer from a medical condition where initiation of the Federal Disability Retirement process must be engaged, do not think that merely gathering up one’s medical records and submitting them with the SF 3107 and SF 3112 series of forms will get you by the eagle-eyes of the U.S. Office of Personnel Management.

Yes, the rest of culture may have accepted the abandonment of methodology, but in the Federal bureaucracy, a sound legal approach steeped in methodological minutiae is still the successful articulation needed to win a Federal Disability Retirement case under the FERS retirement system.

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.

 

Lawyer Representation for OPM Disability Retirement Cases: The Weekend Worrier

Yes, there are those, as well — of “weekend warriors” who appear to be fearless, play various war games or otherwise engage in strenuous physical activities to “keep in shape”.  Then, there is the “Weekend Worrier” — that person who exhaustively spends the weekend and other days off worrying about one’s future, the coming week, the inevitable Monday, and the consequences of things left undone the previous week.

When a medical condition becomes a further factor of impediment to reaching goals decided or projects to be completed, the Weekend Worrier obsesses on such issues.  Worrying is exhausting; and it merely further complicates the medical conditions suffered.

There comes a point when the pace of worrying overtakes the symptoms of the underlying medical condition, and when the two form a symbiotic relationship leading to insomnia, profound fatigue, inability to focus or concentrate — it may be time for the Federal or Postal employee to contact a disability lawyer to consider filing for Federal Disability Retirement benefits under FERS.

Worrying is a part of modern living, but where the weekend is no longer a respite from the stresses of daily life, but instead becomes a hellhole of further aggravation, something needs to change, and considering the alternative of a Federal Disability Retirement may be the answer to the solution sought.

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.

 

Disability Retirement from The Office of Personnel Management (OPM): Competence

Its opposite is what we encounter too often in the normal course of a day.  Competence is in short supply; instead, what often masks for it is mere experience — of a person having done a task multiple times, and continues to do it in a mechanical, thoughtless and uninspired manner.

When a new wrinkle to the old way of doing things enters the picture — i.e., a somewhat different circumstance; a unique set of facts; a slight alteration to the way things have been, etc. — then, the mask of experience and repetition is suddenly revealed, and the test of competence is applied.

Most people fail such a test, because competence requires not only the knowledge of “how to”, but just as importantly, the ability to adapt and response to changing circumstances by using one’s knowledge about a subject, applying that knowledge, while at the same time considering new information, different set of circumstances and unique factual scenarios.

Sit at any Motor Vehicle Administration office and watch as the clerks attempt to resolve each person’s problems.  Are the problems addressed and resolved through competence — or experience?

For a Federal or Postal employee who suffers 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, you want to hire a disability lawyer who is both experienced and competent.

Contact a retirement attorney who specializes in Federal Disability Retirement Law and begin the process of restoring that competent individual who was you, but whose medical condition has undercut the ability and capacity to apply that competence in your Federal or Postal job, and begin the process of securing your future by filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in FERS Disability Retirement Law, both competent and experienced

 

Postal & Federal Employee Disability Retirement: The Social Security Requirement

There is often confusion.  In fact, some Federal and Postal employees think that the “Prerequisite requirement” of filing for Social Security Disability benefits means that you have to wait to get it approved before you can file for Federal Disability Retirement benefits.

The unforeseen consequences resulting from such a misunderstanding is that some Federal or Postal employees wait, and wait, and become separated, and continue to wait and allow for the 1-year rule (of having to file for Federal Disability Retirement benefits within 1 year of being separated from Federal Service) to expire, then try and file for Federal Disability Retirement benefits.  Or, others confuse the two and somehow believe that filing for Social Security Disability benefits is the same as filing for Federal Disability Retirement benefits.

Such confusion is often based upon either misinformation or misinterpretation; either way, the consequences of acting upon, or failing to act as a result of, can result in irreversible damage.

If you are considering filing for Federal Disability Retirement benefits, consult with a FERS Disability Attorney who specializes in OPM Disability Retirement Law before trying to maneuver through the maze of confusing requirements, prerequisites and bureaucratic language.

Federal Disability Retirement is a benefit earned; to obtain it, however, it must be fought for and granted, and in order to do that, representation by an experienced attorney is often the best in making your way through the legal maze of confusion.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The “uh-oh” moment

They come in various shapes and sizes; sometimes, the “moment” is just after something is said and regret begins to insidiously creep into one’s conscience, knowing that the statement made will come back to haunt.  At other times, it is an event, perhaps beyond one’s control, and the seismic shift of tectonic undercurrents cannot be avoided or ignored.

The calamity comes in sizes and shapes — not necessarily of geometric proportions or dimensions — but of the “shape” of the mistake and the “size” of the mishap, and in comparison to whether or not damage-control can actually be effectuated.

Perhaps it is a simple walk in the forest and you become lost in thought; you look up and realize that you have wandered off from the rest of the group and you have no idea where you are.  You look up at the sun and try to remember whether, as a Tenderfoot or some level of a past Boy Scout, you can recall the position of the sun —or was it the stars?  With no compass and no inkling of what to do, with the grumbling groans of a stomach beginning to fester with hunger, you say to yourself under your breath,”uh-oh.”

Or, you are at some gathering and your boss is standing within earshot and a woman is speaking rudely and obnoxiously at some servers and you say, without thinking, “Who is that obnoxious person speaking so rudely?”  There is silence.  It turns out to be the boss’s wife.  The boss looks at you, and you know that any future promotions, any chance of any advancement of any sort with this company will be obstructed by this person who has sworn to be your enemy forever — even though, in the silence bespoken of everyone standing around, what you said was true and irrefutable.  You mutter to yourself, “uh-oh” — for, even though truth may be a shield against most ills in life, the one time it will not protect you is against a boss who must defend his maiden’s honor.

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 job or position, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It is a complex process and one where — if attempted without the guidance of an attorney who specializes in Federal Disability Retirement Law — may be replete with multiple “uh-oh” moments of various shapes and sizes.  Perhaps such “uh-oh” moments will not be like the seismic calamities of being lost in the forest, or even of offending the boss into becoming an enemy-for-life; but as OPM is known to nit-pick and try everything to deny one’s Federal Disability Retirement application, it is best to try and minimize every “uh-oh” moment so that the “uh-oh” is instead replaced with its corollary: “uh-huh”.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Retirement: Thinking

What constitutes it?  What is the evidence that it was engaged in?  When a person is charged with “premeditation” in the perpetration of a crime, and therefore ascription of full responsibility is used to convict and assign a greater length of incarceration, what methodological intricacies are involved?

Take the following hypothetical:  A man walks into a candy store and grabs a Snicker’s Bar, and runs out of the store without paying for it.  He is nabbed.  At the trial of the matter, the prosecutor gives the following summation to the judge:  “Your honor, this man clearly thought about it.  He entered the store, looked about, and deliberately took the Snicker’s Bar and ran out without paying, knowing that he did not pay it — otherwise, why would be have run?  Indeed, when the police caught him, he yelled, “I was hungry!”  That statement alone shows that the man knew he had not paid for it, for it was an admission of a motive, and thus, it is a clear indication that he thought about stealing it, walked into the store and with criminal intent stole the candy bar.  Only the death penalty would be appropriate for one with such premeditative intent, as he is a danger to society!”

Now, contrast this with the following:  The Candy Store’s automatic door opens, and an animal — a neighborhood dog — saunters in, sniffs about, and no one really notices.  The dog grabs a Snicker’s Bar, gobbles it.  Passersby watch.  The store’s owner notices, laughs, shoos the dog out the door.  Why do we not think that the dog “thought” about it?  Why is “thinking” ascribed to the human being, but not to the animal?  What is it about the actions of the two species that differentiates them?  Does the mere fact that we able able to speak, formulate words and convey thoughts, whether pre-or-post action confirm that any extent of reflective processes occurred?  Is the process of “thinking” always productive — i.e., leads to actions that are fruitful, or is much of it simply an insular activity that results in no great consequence?

For Federal employees and U.S. Postal workers who are “thinking” about filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “thinking” about it is to take the next step and act upon the thought.  People often think that thinking is a productive activity, so long as it remains active and continuous.  But thought can also negate and prevent, and too much thinking, or not enough, can often become an obstacle to the necessary next step.

In order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the key to productive thinking is not merely to engage in it as an insular, solitary activity, but to have the consultation and advice of an attorney who specializes in Federal Disability Retirement, lest merely thinking about it leads to an unthoughtful act that leads one to believe that the very thinking itself was thoughtless.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: That wretched attachment to life

The theoretical construct proposed by Darwin has proven itself many times over, according to evolutionists, since his initial dawn of delineating the “origins” of our existence; the urge towards existence, of remaining, of “being” as an instinctive component that cannot be denied, has become merely an accepted and acceptable normative paradigm of modernity.

In many ways, the inherent attachment to life itself is the basis of a wretchedness that leads to self-destructive behavior; many of us hate ourselves and do things that hurt and harm – a mode of self-immolation and Western-style seppuku that results in self-medicating devices encapsulating the spectrum from overeating, alcoholism, multiple partners and spreading of diseases untold; or, on the other end of the extreme, of become vegetarian, vegan, health-fitness-exercise-cosmetic-surgery and everything else to stay young and vibrant.

That wretched attachment to life cannot be avoided; it is who we are and the essence of our very being.  Is there such a thing as an “unhealthy” attachment to life?  It is all well and good for Camus to write about the Myth of Sisyphus and the need to turn away from self-annihilation before being able to live an “authentic” life; he was handsome, a pretty good writer, and French (or, actually, Algerian) to boot, and his only competition was a near-blind ally who was close to incoherent in philosophical discourse (i.e., referring to Sartre, of course).

But back to the idea at hand – of that wretched attachment to life.  We see it in old people attached to mechanical apparatus to prolong it; of humanism and even religiosity that remains suspicious as to whether there is truly anything else in the great “beyond” after death; and so we cling to life at all costs.  What would be the alternative?  To live a quality-filled, balanced existence? We sometimes forget why we became what we are today, and become steeped too deeply in the troubles of everyday existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition becomes the focal point of existence itself, there is a double whammy: Of the chronic and often debilitating medical condition itself, as well as worrying about and contending against the daily harassment and adversarial threats initiated by the Federal agency or the Postal facility, and it often becomes so burdensome that one wonders as to that wretched attachment to life.

But always go back to basics, to the foundation of Darwinian essence: Life is, indeed precious, and sometimes it takes a different sort of step in order to regain the balance in life that is needed.  Filing for Federal Disability Retirement is merely that step in order to reorient one’s self for a future course of life.  It is a means to an end, where a Federal Disability Retirement allows for the Federal or Postal employee to separate and retire with an annuity, then to consider one’s future after attending first to the medical conditions one is suffering from.

In that sense, that wretched attachment to life is more akin to the Hindu concept of reincarnation, where obtaining a Federal Disability Retirement through OPM is like returning to this life in a different form, and becoming resurrected from the ashes of the metaphorical Phoenix to live another day.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Disability Retirement: The Happy Warrior

The linguistic implications are multiple and rich in historical nuances, derived not merely from the combination of words but because of images from the past and residual connotations not always agreed upon but nevertheless trailing like appendages holding on for dear life to a departing conveyor of thoughts, ideas and characters.

It evokes caricatures of contrasting conditions of smiling in the face of adversity; of taking on opponents on the proverbial field of battle despite unwinnable odds, yet with an optimism unable to be undermined; and evocative shadows of withdrawn faces, like the peek behind the kabuki painted cosmetics and the space between the flesh and the Noh mask, that moment when doubt is surely to surface and a moment of realization comes about.  Behind closed doors, does “The Happy Warrior” truly smile, or is there hesitation resurfacing, but not for public consumption?

We honor and value that smiling face in the contest of adversities not our own, and disdain and discard upon the garbage heap of history those who disappoint and destroy our carefully crafted image of the warrior who reveals the felt pain and the loss of control of fear and doubt.  Perhaps it is because we ourselves can only maintain one-half of the equation, and the perfect balance between the “happy” side of yin-yang combination, in contrast to the “warrior” component, leaves us empty and without courage.

For Federal employees and U.S. Postal workers who must daily put on the impassive Noh mask in order to counter the Federal agency or the U.S. Postal Service in contending with adversity because of a medical condition, the recognition that in Noh theatre it is expected that as shadows change and perspectives alter, the expression of the Noh mask adapts and reveals character and substance beyond the original intent, may be of some comfort.

The legend of the happy warrior is just that — a residue of days past when history with its feeble memory forgot the tears shed when the transference of the reality of blood and guts to the paper description of battle and fury became lost in the mediocrity of words and wordsmiths.  Life is sometimes too real for even reality to bear.

For the Federal or Postal employee who suffers from a medical condition, whether psychiatric, physical, or a combination of both, the daily requirement of showing “happiness” despite pain and deteriorating health, and to maintain that armor of a “warrior”, can and does come to a point of irrefutable untenability.

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, is never a surrender to one side or the other of the unfair equation beset by a societal image of who we are, what we are supposed to be, or where we are meant to go.  Instead, the simple formula for the first half of the combination is:  Take care of one’s health first, and let the rest and residue scatter to cubbyholes in faraway places.

And once that has been taken care of, the second half:  Prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, precisely because one’s health is paramount in this progressively uncaring universe, and attaining a level of restorative health can only become a reality when once the armor which protected begins to show the chinks of time and deterioration, and where the component of “happy” can no longer stand alongside the “warrior” within, and it is time to move on to another day, a greater battle, and a more winnable war.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Seasonal Rhythms

We are completely disconnected from the imposition of nature’s imperatives; through artificial means, we extend the light of day in the name of productivity, and prevent and shut it out for the sake of lengthier restorative sleep; we defy slumber and seasons of cocoon-like hibernation with unnatural heat, and resist the middle of the day where scorching temperatures and required siestas in other countries are ignored and scoffed at.

The rhythmic beat of breathing and hearts, like the seasons of change or vicissitudes of weather, are mere obstacles to be overcome; and whether successful or not, we forge onward in any event, ignoring the cost of defiance and neglecting the reality that once, we were sons and daughters of a primordial world, part and parcel of the natural order, but like the two figurines who left and traveled east of eden, the past we abandoned behind became a burden quickly forgotten for the price of ransoming the ransacking of the world we rejected.  But the rhythm still remains, despite our best efforts to control and command.

For the Federal employee and the U.S. Postal worker who begins to suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal position, the disruption from the artificially-created confines of the work environment is likened to the rejection and resulting turmoil from the natural rhythm of life.

In abandoning and becoming disconnected, we have created a different rhythm of living; and when that manufactured one is interrupted, where does one return to?  Medical conditions are often considered as mere irritants to our goals and teleological make-up; when, in fact, they are precursors and warnings foreboding nature’s tap on one’s shoulder.

Filing for Federal Disability Retirement benefits may appear to be another artificial means of escaping, sort of like leaving the proverbial frying pan into the fire; but once we left behind the mythological state of nature, and into the social contract of a burdensome bureaucracy, the necessity in engaging the administrative process itself becomes our inevitable fate.

Federal Disability Retirement, for the Federal and Postal worker, whether under FERS, CSRS or CSRS Offset, is a benefit accessible precisely for those whose rhythmic entourage has been interrupted by the self-immolation of a disease or injury; and as rhythms go, the beat of the drummer which leads one away from the discordant band which plays upon the deterioration of one’s body, should provide the pathway towards preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to head west back to the garden of eden one left behind, once upon a time.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Causality

Worker’s Comp requires it; Social Security disregards it; and OPM Disability Retirement shifts the issue into a different arena.  “Causality” encapsulates the relationship between two or more events, where one is thought to result from another, or put a different way, where “responsibility” for a given effect is attributed to a prior conditional occurrence fulfilled as sufficient to warrant as being the “cause” of that event.

In a Federal OWCP case, administered through the Department of Labor, one must prove that the injury or medical condition was “caused” as a workplace incident or occurrence, such that the “event” occurred or was somehow connected to the employment itself.

For Social Security Disability cases, causation is normally not an issue, since the basis for eligibility is not concerned with any singular event, but rather, whether the person filing for Social Security Disability benefits meets a standard definition of being “totally disabled” from gainful employment.

For Federal OPM Disability Retirement benefits, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the issue is not one of causation, but rather, the relationship between one’s medical condition and the attributable impact upon one or more of the essential elements of one’s job.

Thus, there is, in a different sense, a case of causality to be made, but the relationship between A and B has shifted, where it matters not “how” it occurred, but rather, “whether” the medical condition prevents (causes) one from performing one or more of the essential elements of one’s job.

In the end, causation in a Federal/Postal Disability Retirement application is irrelevant in the traditional sense that one normally accepts, but the shifting focus of causality is important to keep in mind in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire