OPM Disability Retirement: Problem of the Lowest Common Denominator

What is wrong with going to the essence of the matter, skipping the process, and reducing everything to its lowest common denominator? Doesn’t efficiency demand such an approach? Isn’t the most effective method of attaining an end, to identify the units of measurement which determine the outcome of a potential formula, then to focus upon developing such units and discarding the ancillary components?

The problem with such an approach, of course, should be self-evident: it ignores the meticulous procedural steps which comprise the importance of process. “Process” is often ignored by the second and subsequent generational leaders. It is likened to doing away with the social courtesies and rituals surrounding an activity.

In religious contexts, it represents the sacred steps which one must embrace in order to complete the ritual itself; and, in some societies, the process itself is of greater importance than the completion and attainment of the objective for which it is engaged. To ignore the process and merely piece together the lowest common denominators, is to undermine the relevance of the activity itself. Sequence of ritualistic application is important; how one does it, is often of greater relevance than what one does.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the time for consideration in filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, has come to a critical point of fruition. But filing for Federal Disability Retirement benefits is not merely a matter of filling out forms (SF 3107 series for FERS, along with SF 3112 series; SF 2801 series for CSRS, along with SF 3112); for, if that were the case, one should simply do so post-haste.

But that would be a self-defeating proposition; and once the U.S. Office of Personnel Management receives that Federal Disability Retirement application based upon the approach of the lowest common denominator, they may well respond with a similar unit of division: one which takes into account merely the numerical efficiency of a denial, and not the human reality of one’s medical condition.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Where Once, the Mirror Reflected

Communities are sensitive organisms; what constitutes one, how and when it is identified as such, and whether there exist any such entities, anymore, is of valid concern.

Is a suburb comprised of mansions constructed in the middle of an outlying tract of land, formerly occupied by a farm house, but where none of the neighbors know each other, seldom say hello, and never socialize, a community?  Does there have to be some interaction between neighbors, of showing and evidencing some concern or interest in one another’s lives, hobbies, common interests and attractions, before we can point to an aggregation of homes and declare that it is a “community”?

The origin of the word itself implies a “with”-ness among and between two or more people; and, in order to call a group of people a “community”, does not the identification of a group refer to an entity separate and unique from the rest of those surrounding the identifiably distinct group?

Furthermore, communities reflected a uniques set of social characteristics; like a mirror which reflects a recognizable face, so a community manifested a pattern of social characteristics distinct from a separate group.

Once upon a time, perhaps there existed a Federal community; or, perhaps, a particular agency or department revealed a cohesive set of principles and goals which set it apart from others.  For the Federal and Postal employee who suffers from a medical condition, and who finds him or herself no longer able to perform all of the essential elements of one’s job to full capacity, the harsh realization that one may no longer be able to continue with the agency — a community of sorts — is often a macrocosmic reflection of the micro-identifier of a mirror reflecting the future of one’s path.

Filing for Federal Disability Retirement benefits, whether under FERS or CSRS, identifies the individual as somehow separate and apart; and what one saw previously in the mirror becomes a reflection upon the greater community one was once a part of, and no longer will be, like the disappearance of a social phenomena diffusely evident throughout the world.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: The Maverick

It is sometimes referred to as an unbranded animal, often a calf or yearling; the fact that it is unbranded, implies that it doesn’t belong to a particular stock; ownership is not established; and secondary meanings include an inference of being unorthodox or different.  One assumes that the maverick acts differently by choice; but without knowing the history of one’s life, such an assumption may be betrayed by an opposite set of facts:  that the “others” shunned and excluded, resulting in the unavoidable choice of being the loner.

Medical conditions seem to do that to groups.  Human empathy is supposed to, by myth and self-serving accolades, bring people together for support and community; but the opposite is more often true than not; that a change in the stock spreads rumors of a plague, making nervous the healthy components.  Or perhaps it is merely that strangeness cannot be dealt with, and the reactive response in general is to shun, isolate, and act as if the difference did not exist.

For Federal and Postal Workers who suffer from a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the sense that one has become a maverick among others is nothing new.  Whether because of the medical condition, or because of the reaction by one’s agency or Postal Service, being unorthodox or tagged as no longer part of the identifiable herd, is part of everyday life.

Filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is merely the natural next step in being tagged as a maverick; for, having already been deemed different, it is time to step outside of the orthodoxy of one’s agency or the U.S. Postal Service, and set out for one’s future by creating a path hitherto untraveled.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Not Every Case

Not every case can be won.  Attorneys often like to present a positive face for each case, and should when there are clear merits to the unique set of facts and legal criteria applicable to any particular case; but the fact is, one can read of countless trials in newspapers, legal periodicals and electronic media, and realize that not all cases result in a verdict, settlement or conclusion favorable to the initiating litigant (one could, of course, argue that as there are always two or more parties to any legal controversy, that there is always a “winner” — just not you).

Whether because of unforeseen factual turns and twists; witnesses who blurted out something harmful without necessarily being true; an unsympathetic judge assigned; or, in a Federal Disability Retirement case, a doctor who turns out to be less than supportive than one first imagined; whatever the ultimate cause or reason, the plain fact is that there is no attorney in the universe who can offer an unmitigated guarantee to the outcome of any given case.

The best which can be done is to provide an objective assessment; an explanation of the law; a sound description of the legal process; and an effort which rises above the level of mere competency.

For Federal and Postal employees contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, selection of an attorney to represent one’s interests may be a critical factor for one’s future.

Ultimately, however, it is the Federal or Postal employee who, in his or her “heart of hearts”, will know the strength, validity and merits of one’s own case; and while not every case is meant to be won, it is nevertheless a truism in Federal Disability Retirement law that the majority of cases truly have merit, and that truth will prevail in the end.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

   

Federal and Postal Disability Retirement: Tendencies and First Impressions

First impressions are funny animals; while potentially misguided and fraught with errors, they are difficult to shake off because of our natural inclination to form them.  Tendencies, on the other hand, are established over time, and tend (sic) to reliably reflect a routine of repetitive behavior.  In both cases, they are difficult traits to get rid of, sort of like a nagging cold or a hairball in one’s throat.

For the Federal and Postal employee contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, both traits are important to recognize.

First impressions — and from knowledge gained over time:  one’s agency; how will one’s supervisor act or react; one’s treating doctor; the extent of support one will receive; they will be the initiating basis and foundation in determining whether to go forward or not.

Tendencies — one’s own; is procrastination a problem?  Is avoidance an issue, such that it is best to jump into the process, knowing that delay is an identified enemy of one’s own best interests?

One’s formed personality and characteristic traits are established early in life; it is the remainder of our lives where we work to understand them, and to undo, supplement, or learn from those early first impressions and tendencies molded into our very being.

Sincerely,

Robert R. McGill, Esquire

Early Medical Retirement for Disabled Federal Workers: A Human Odyssey

Kubrick’s classic movie involved space and the human challenges of technological interaction with an amoral intelligence of the highest order, within the context of time, space and the future of mankind.  But such challenges are met daily by ordinary human beings, in contexts not quite so lofty as space stations and artificial intelligence.

For the Federal and Postal employee, the coming year will encounter multiple challenges involving budgetary constraints and demands for streamlining, as the economy continues to struggle to revive and public funds become arenas for competing interests.

For the Federal and Postal employee who faces the further challenges of a medical condition, such that the medical condition impacts one’s ability to perform one or more of the essential elements of one’s job, the contemplation of filing for Federal Disability Retirement benefits, whether under FERS or CSRS, will be a continuing benefit to consider.

May 2014 bring prosperity and joy to all, and some semblance of security to those who require the benefit of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Expectations

Puppies are special creatures.  They give their loyalty and love unconditionally, and only ask to explore the world we present within the constraints we define.  They are expected to grow old with us; and when they die young, it is a tragedy beyond comprehension.  To cease before one’s time is difficult to bear, precisely because one’s expectation is that the next generation will carry forth where the previous one left off; and so we view the world in this logical, sequential manner of linear progression.

The puppy grows; he may not live as long in terms of human dimensional existence, but we expect our companion to accompany our linear presence.

Careers are formed that way.  We expect incremental progression; for the Federal and Postal Worker, step increases and annual recognition through monetary incentives for the valuable work which is performed.  But life has a way of interrupting our expectations; and just as the life of a puppy may suddenly and without reason end through an accident or illness, so a career may be cut short because of reasons beyond one’s control.  When life’s harshness intersects with human expectations, a change of one’s linear thought processes must occur.

Federal Disability Retirement is a benefit which is available for all Federal and Postal employees who have met the minimum eligibility rules of 18 months of Federal Service (for FERS) and 5 years (for CSRS employees).  It is that benefit which must be filed with the U.S. Office of Personnel Management, for those whose expectations have been cut short because of a medical condition which prevents one from performing one or more of the essential elements of one’s job.

As the precious life of a puppy may unexpectedly encounter the harshness of the world in which we live, so the Federal or Postal employee may face the same hardships; however much we may try to cushion and protect, both for the Federal and Postal employee, as well as for that special creature.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Dependence of Meaning

Wittgenstein believe that it was not possible to have a private language held by an individual alone; for, as language by definition is a means to communicate, any language which is kept in private from everyone else would be a meaningless tool.

Private, insular worlds are dependent upon their functioning upon the receipt by third parties to impart meaning and interaction; otherwise, left within the void and chasm of pure privacy, they remain nothing more than the slow drip of a distant echo of spring water deep within the hollows of an undiscovered cave.  For those of the rest of us who live and interact within a world of words, writings, and regulatory compendium of laws and statutes, the ability to convey meaning in a meaningful way is paramount for the successful progression of our every day lives.

For the Civilian Federal or Postal Worker who suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of his or her Federal or Postal duties, conveying what one means becomes a critical exercise:  putting together an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether under FERS or CSRS, in a manner which persuades and entitles, is the penultimate goal which must be accomplished.

How one gets from point A to point B; what material and evidence to compile and include; what legal arguments to bring up and point out; these are all elements which must be considered. Concurrently, the privacy of one’s medical conditions must be protected to the fullest; but that is where the compromise must be attained, between the private and insular world of necessity, and the public world of reality which must be encountered and engaged.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Approaching a Reconsideration

The proverbial definition of insanity is to engage in the same repetitive activity with the expectation of receiving a different result.  While such a definition may not provide a clinically accurate or legally acceptable formulation, it does implicate the chaotic character and the futile act of responding in a particularly fruitless manner.

For Federal and Postal employees who have attempted to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS, and have received an initial denial, the process of having OPM reconsider one’s case must be approached in a 2-tier manner:  First, one must meet the “deadline” of filing for Reconsideration with OPM within thirty (30) days of the denial, or upon receipt of the denial (although, to be on the safe side, it is best to use the former date as opposed to the latter);  next, with the box checked to indicate submission of additional medical documentation, to then gather, prepare, compile and submit additional medical evidence within thirty (30) days thereafter, unless a further extension is needed and requested.

However, one should also understand that in an OPM Reconsideration case, it will not be the same Case Worker who will review the case, but it will be reviewed thoroughly by someone else as if it had never been previously reviewed. As such, there is the confounding conundrum of a dual anomaly: The First Case Worker who issued the denial based the denial upon certain specific points; yet, what the First Case Worker denied the case upon, may have no bearing upon what the Second, Reconsideration Case Worker will evaluate the case upon.

What does one do? Whatever one’s answer is to this complex conundrum, do not engage in the proverbial act of insanity; better to get some legal guidance than to spin one’s wheels in an insane world of futility.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Indicators

The technology of automobiles has changed radically in the past 2 decades.  No longer do we rely upon intuition, the automotive “ear” for that strange sound which, when talking to the service department, we attempt with futility to reenact with absurd pitches and tones in an attempt to accurately depict that which fails to occur when brought to the attention of the mechanic.  Instead, there are electronic warning lights and the computer sensors which specifically and with great detail indicate a past occurrence, a present problem, or a needed future course of action.

If the human body is the ultimate composite of neuro-sensors and complexities of the physical, the psychological, and the coalescence of mind, body and soul (including the philosophical “ghost in the machine“), then pain must be the warning indicator for past transgressions, current anomalies, and future need for servicing.  Those who ignore automotive warning signs do so at their peril; similarly, to ignore such signs emitted by the human body and transcribed in no uncertain terms via the daily chronicity of pain, do so with a singular certainty of progressive deterioration and decline.

Ultimately, the decision for the Federal or Postal Worker to file for Federal Disability Retirement benefits, whether under FERS or CSRS, through the U.S. Office of Personnel Management, must be accomplished once warning signs are heeded, and a blunt discussion with doctors, family and friends are engaged; but it is the pure and unadulterated ignoring of all signs which results in crisis and disaster.

The warning signs are there to heed; the future course of action is still left up to the recipient of such indicators.

Sincerely,

Robert R. McGill, Esquire