FERS Disability Retirement: Patterns of existence

If you live long enough, you begin to see the patterns of existence; and, perhaps, that is why cynicism begins to creep into the lives of the older generation.  When you have “seen it all”, does the shadow which looms upon the radiance of a midday smile begin to fade with the vestiges of dark clouds approaching?

The repetition of vacuous words emitted from the caverns of a politician’s mouth; the crime waves that never seem to relent no matter the spectrum of punishment versus economic investment; the inflationary impact upon the valuation of monetary policy; and the general rule that, for the most part, tomorrow will be no different than today, and today is the measure to determine the memories of yesterday.

Is there really a “pattern” that comes about every 50, 70, or 100 years?  Many of us may live to witness such patterns if it is the first in the tripartite sequence of numbers — but does twice in witnessing constitute a “pattern”, per se?

Say you saw that X happened when first you became aware of your surroundings after birth; and 50 years later, you saw the same, or “similar” occurrence; does that constitute a “pattern”, or is it merely what Hume contended, that the mere fact of B following upon A does not constitute causality, but merely a coincidence of happenstance of one occurring after the other because there is no “necessary connection” between A and B.  Or, is it that we attribute patterns of existence because we ourselves reside in such repetitive monotony based upon expectations that the room we exited from will still exist in fairly the same way as we left it upon returning to it — vestiges of Berkeley’s idealism and definition of “existence” wedded to perceptual departure?

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 his or her position with the Federal Government or U.S. Postal Service, FERS Disability Retirement should be an option to consider.

Just remember, however, the “rules” governing the patterns of existence: Don’t ever think that such a bureaucratic procedure can be easily maneuvered through; don’t presume that your case is an “easy” one; and don’t believe everything that your Human Resource Office, your Supervisor or even your “best friend at work” is going to tell you everything you need to know.  To do so would be to violate the first rule in the patterns of existence: Things are always more complicated than they seem.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement Claims: Hanging on a contingency

The metaphorical image representing such a phrase allows one to pause and reflect: the dichotomy between the physical world and the conceptual one — of a person “hanging”, as from a cliff, with his fingers turning white from gripping the tenuous life-line of a flimsy branch, a loose boulder or an outstretched hand of another; and of the technical term that possesses meaningful discourse only in a purely theoretical universe of conceptual constructs — denoting the idea of a future event or circumstance that cannot be relied upon with certainty, but may trigger a series of consequential future contingencies or further occurrences, etc.

Thus does the physical and the conceptual come together in an aggregation of a compound conceptual construct that may connote thus: You are in a tenuous situation where your physical well-being is dependent upon a future uncertainty that may result in events that may or may not yet happen.

Such a conditional circumstance is often how the Federal or Postal employee feels, who suffers from a medical condition, such that the medical condition may result in the necessity of 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.  For, it is indeed the “physical” part of the entire event — the medical condition itself — which makes one feel “as if” one is dangling from the edge of a cliff.

And it is the “contingency” — the uncertain triggering mechanism, such as the anticipated adverse reaction of the Federal Agency or the U.S. Postal Service; the tenuous reliance upon a doctor’s diagnosis and treatment; the growing inability to perform one or more of the essential elements of one’s positional duties — that makes the medical condition all the more magnified in its exponentially-exacerbated conditions of anticipated calamities.

Life is often an unfortunate series of having to hang on to a contingency, but when a medical condition enters into the fray, it makes it doubly more tenuous, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is at least a concrete step that allows one to grip the reality of one’s situation, and perhaps leave all future contingencies, tenuously anticipated, aside.

Sincerely,

Robert R.McGill, Esquire

 

FERS & CSRS Medical Retirement: Enduring, surviving or achieving victory

The first two in the tripartite of conceptual constructs are similar in meaning; the third and last, an extension beyond where it may include a historical background of the first two but emerge with a separateness of conclusion from them.  To endure is similar to surviving; to survive, to endure the difficulties and maintain a semblance of remaining intact.

One can “endure” a traumatic event and survive it; similarly, one can survive such an event and, in retrospect, realize that to have endured the experience was the very key to such a conclusion.  One can endure and survive, however, and yet fail to achieve any victory.  For, victory is the conclusion and outcome of how one has endured and survived; the first two are thus necessary condition precedents, in one sense, in order for the third to occur.

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 the Federal job, the necessity in filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management may become a reality.

For the time being, perhaps the medical condition has not gotten “too bad”, and the Federal or Postal employee may be able to endure the difficulties, go into work and maintain a level of productivity such that no adverse actions from the Federal Agency or Postal Service may result.  Or, the medical condition may be tolerable such that the Federal or Postal employee may be able to survive for the next year, or even the following few years, and be able to endure the turmoil of balancing work, family, progressively deteriorating medical conditions and the essential elements that the Federal or Postal employee must be able to endure.

If and when the time comes, however, for the Federal or Postal employee to consider preparing, formulating and filing an effective Federal Disability Retirement application, the test at that point will not be whether or not the Federal or Postal employee can endure or survive the lengthy administrative process of a Federal Disability Retirement application, but rather, whether one can come out at the “other end” by achieving victory.

In order for that to happen, knowledge of the legal basis to be argued, the necessary connection between the medical condition and the essential elements of one’s Federal or Postal job – all must be effectively compiled, argued and persuasively presented.  For that to happen, you will need to consult with an attorney who specializes in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Service: By what right?

It is a question often posed in the dead of night by those who would undermine an assertion based upon an instinctive sense of fairness, but perhaps not able to be articulated in comprehensible form.  By what right do you enter these premises?  By what right do you express that opinion?  By what right do you think you can do that?

It is, as with many questions, one that has a sadly contextual background of a negative past – for, whenever a person, a populace or a segment of a greater society begins to assert a “right”, it was generally preceded by a breakdown of community and caring.  For example: A violation of another’s property where a fence has not yet been placed should be resolved by two neighbors discussing the infraction or infringement without resorting to a higher authority.  If that “neighborliness” cannot resolve the conflict, then a fence may be built and the right to build such a fence can be asserted by the fence-building-neighbor as a “right” of property ownership.  No one would, or could, dispute such a right to do so, but the mere fact that a fence had to be built is evidence of a preceding breakdown of the unspoken rules of a community, where resolution of a conflict could not be accomplished by discussing, caring, understanding and compromising for the sake of a community’s greater good, but instead results in a declarative reference to one’s “right” to do X, Y or Z.

Rights should have the insipid connotation of negativity to the extent that asserting them is something of a last resort and the last bastion of scoundrels and suspicious individuals seen in an unfavorable communal light; but in modernity, shouting out one’s “right” to do this or that, or standing on a soapbox and pontificating about how we (why does everyone assume that he or she has a “right” to speak on behalf of that undefined “we” in the first place?) have every “right” to be here, do this or that or be “in your face” because of the proverbial “catch-all” – the “Bill of Rights”.  By what right?

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, it may well be that asserting one’s right to file for Federal Disability Retirement benefits was preceded by a context of negativity – of the Federal agency or the U.S. Postal facility failing to, refusing to, or otherwise not showing effort for, accommodating one’s medical condition, illness or disability, and that is when the assertion of declaring one’s “right” to file for Federal Disability Retirement benefits becomes the inviolable pathway to an exit out of an untenable workplace situation.

To that extent, preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat akin to building that “fence” between your property and the next-door neighbor’s, whose dog keeps coming into your yard, digging up the freshly-planted bushes and vegetables, pooping all over the place and attacking your cat, and cares not a twit to try and resolve the issue; that, in many ways, is the Federal agency or the Postal facility you work for.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Unrehearsed Spontaneity

In the absence of a coherent plan, one is left with the ad hoc approach of a sometimes delicious unfolding of unrehearsed spontaneity.  Dinner conversations; an unplanned visit; a sudden windfall; an inheritance from a long-lost relative; these are all desirable circumstances to suddenly befall; but most things in life require some extent of planning, and to expect positive results in the same manner as a string of lucky draws, is to ask for failure in the face of unrealistic anticipatory happenstance.

Medical conditions fall into the category of unexpected events; how one responds to it, what steps are taken, and where one goes from the discovery of the information — these are determinable follow-ups.  We often confuse and bundle together causation with effects.

Hume’s bifurcation via use of billiard balls as an example, illustrates the point of recognizing the importance of identifying that “necessary connection” which is lacking when discussing the universe of inception and result.  Some things happen without rational basis or knowable justification; but where we have the capacity to engage an active hand in a matter, the consequences we perceive from our affirmative participation can be defined and comprehensive.

For Federal employees and U.S. Postal workers who find that a medical condition has impacted his or her ability and capacity to continue in the Federal or Postal job, it is important to recognize that unrehearsed spontaneity is fine for a time, but not for planning the course of one’s future.

Preparing, formulating and 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, requires the cogent and deliberative gathering of relevant medical documentation; the capacity to compile the compendium of proof in order to qualify; and the application of legal argumentation in combining medical information with legal significance, in order to persuasively submit an effective Federal Disability Retirement packet.

Approvals are not won by mere happenstance; luck in a Federal Disability Retirement application is not based upon a lottery ticket purchased, forgotten, and suddenly viewed for statistical improbabilities; rather, it is a focused approach upon a bureaucratic process where the coalescence of facts, law, and preponderance of the evidence are compiled with a deliberative approach.

Leave the delicious moment of unrehearsed spontaneity to a dance under a sudden cloudburst; to prepare an OPM Disability Retirement application of efficacy and success, a wider approach of planning is necessary.

Sincerely,

Robert R. McGill, Esquire