Attorney Representation for OPM Disability Claims: The futile treadmill

If an alien from another universe came to visit the world of Humans and somehow landed within sight of a gym or some semblance of a physical fitness facility, and remained invisible to the watchful eye, the single contraption that would puzzle and befuddle would be the treadmill.

For, ambulation upon the mechanical device would surely be observed; and upon a certain amount of time, the alien visitor would reflect that the person who remained upon the contraption would suddenly depart and actually go from Point A to Destination B, and so the puzzling conundrum of query might be: What in the world (or universe) was this person doing walking upon a revolving platform without going anywhere, then leaving it behind to then go somewhere?

All geared up with wires and headphones, with digital monitors that made beeping noises and flashing signals — but going nowhere; whereas the alien, who is dependent upon sophisticated time-warp technology in travel and transport, would consider the exertion of physical ambulation to be a primitive form of an inconvenience to reach a destination point, but would be quite enthralled by this act of futility upon a treadmill.

It is, indeed, an absurdity when one pauses and reflects: of a contraption that moves as if one is traveling, but without an individual who has any intent of reaching any particular destination point.  Or, what if the alien visitor were to view a randomly selected community from above — comfortably watching from its invisible spaceship hovering with telescopic devices — and sees the hundreds, nay, thousands of joggers and runners who begin from destination Point-A and…returns to destination Point-A.  Would that not similarly confound, confuse and befuddle?

From the perspective of the outsider, the futile treadmill has no purpose, no rationale, and certainly no cogent explanation that would account for the manner in which many of the human species behave.

For Federal employees and U.S. Postal workers who are on a similarly futile treadmill — that of attempting to continue to work despite having a medical condition that tells you otherwise — it may be time to begin contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Federal Disability Retirement is precisely that benefit that is meant to get you off of the futile treadmill, and to begin to allow you to secure your future, as well as focus upon your health.  Getting off of the futile treadmill is the difficult part — of your dedication to your work and career; of the comfortable salary or wage that is being earned; and of the sense that, so long as you remain on the treadmill, somehow it will get you somewhere beyond the point of your medical condition.

Sometimes, however, the alien’s perspective is the more objective one, and remaining on the futile treadmill will continue to go nowhere or, worse, it may speed up and knock you off of the treadmill itself; then, what will you be left with?

Filing a 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, is a daunting bureaucratic process, and the time is likely ripe to begin it now by consulting with a seasoned attorney specializing in Federal Disability Retirement law, lest the futile treadmill begins to leave you behind.


Robert R. McGill, Esquire


Disability Retirement under FERS & CSRS: The worthwhile life

Is that what we are all striving for?  Is the myth that never occurs the one that urges us on?  There are multiple idioms and pithy sayings by which “wisdom” is extracted and thought to be a solid foundation for acting and reacting in certain ways.  “No one ever says at the end of one’s life, ‘I spent too much time with my kid’”.  “Live for tomorrow and you will regret a month of Sundays”.  “Time spent at work is time away from family.”

Yes, yes, all of that is true, but one must still make a living, be productive, “make something of one’s self”.  That last saying – of essentially having one’s 15-minute moment of fame (that was Andy Warhol’s generation, wasn’t it?  Today, it has been shortened by microchips and technological speeds into the milliseconds, so it is no longer applicable) – is what people do, work for, strive to attain and act without shame to achieve; and if so, does that make it all “the worthwhile life”?

What ever happened to those who made it on to some morning show or other, who were interviewed for some act of insanity, some bold moment of fame that captured someone’s imagination somewhere in some unknown sector of a now-forgotten universe?

Recently, there was a “lower-tiered” author who died, who shall remain nameless to maintain a sense of decorum for the dead; and a certain number of books of this now-dead author was obtained, which had been signed and inscribed.  Now, the inscriptions were clearly to her children, and were written with a fondness and private display of affection.  The question that is naturally posed, however, is as follows: Why were the books, inscribed by a “somewhat known” author to the author’s children with such love shown, sold to a used bookstore?  How did they end up there?

From a reader’s perspective, the author may have been deemed a person with a “worthwhile life” – for, to be published, to be well-enough-known, and to produce books that were enjoyed and read; these would, in the eyes of the world, be considered “making a mark upon the world” and deemed to have had a “successful” life.  And, yet – the sad fact of the sale of a book, inscribed to the author’s children, sold for a pittance; it harkens back the pithy saying, in whatever form, that “no one ever said on his deathbed, ‘I didn’t work too much’, but there are more than a few who have said with a last gasp, ‘I didn’t spend enough time with my kid’”.

For Federal employees and U.S. Postal workers who are considering 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, that is the point, isn’t it – that to “hold on to” one’s job despite the increasingly debilitating medical condition because one considers the Federal or Postal job to define one’s identity as a “worthwhile” person, is mere folly in the scheme of life’s gifts.

Health, and maintaining one’s health, should be fame enough in pursuance of a Federal Disability Retirement case.  Let the others in posterity of hope determine whether the worthwhile life has been lived, and by whom, but more importantly, for whom.


Robert R. McGill, Esquire


Federal Disability Retirement Benefits: Of good humor

Can it last, and for how long?  Are there such people in this world, who wander about and retain a sense of good humor no matter what egregious worldly circumstances devastate and make destitute the trying soul?

Or, like that chime that attracts little children to run with abandon into the streets upon hearing the approach of the good humor truck – you know, the company that was sued for creating an attractive nuisance, because children respond like cats and dogs to sounds associated with tasty ice cream (come to think of it, not just children, but all of us as well) – are there people as well who are like the memories of lazy summer days just waiting with that nickel to spend upon to soothe the saliva that drips with the heat of bygone days?

Of good humor – is it merely a human trait, or do dogs, cats and even undomesticated animals possess it, as well?  Have you ever met an individual of whom we say, “Oh, he is the guy possessed with an unalterable and unique advantage in life – of good humor”?  There is something attractive, is there not – to be able to smile despite tragedy, to find the satirical side to every turn of a trial, and even to consider a chuckle in the midst of a painful encounter?  The person who can smile throughout the tides of life is one who can withstand the tsunamis of unbearable pain and tragedy.

Certainly, for Federal employees and U.S. Postal workers who must contend with the lengthy bureaucratic trials in waiting upon a Federal Disability Retirement application filed with the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERS, CSRS or CSRS Offset, possessing a sprinkling of good humor is somewhat of a “must” in order to endure the administrative procedures involved.

For, the choice is somewhat clear – of being the good humor truck that brings satisfaction to mouth-watering children running for relief from the heat of summer, or being that child who gets run over by the good humor truck.  In the end, the goal of getting an OPM Disability Retirement annuity is not for the purposes of good humor, but to be able to ring the chimes of life in order to step into a brighter future and a better tomorrow, no matter what flavors of ice cream may be hidden behind the panels of the good humor truck.


Robert R. McGill, Esquire


Medical Retirement from Federal Government Employment: The Wonder of Functioning

The complexity of the human condition makes one wonder about the capacity, endurance and ability of this animal who has created such a dysfunctional, technologically sophisticated universe.

From genetic predetermination of uncontrollable susceptibility to behavior patterns, diseases and addictive personalities, to environmental factors which condition and influence; what we eat; the wide spectrum of tolerance (or intolerance) to stress; medication regimens which would otherwise knock out an elephant, to modern prosthetic devices which makes the Six Million Dollar Man of the 70s a mere skeleton of technological innovation; and where this post-information age of constant data and stimuli bombardment is a never-ending stream of stresses; through it all, it is a wonder that Man is able to function at all.

But functionality is a paradigm which possesses subtle distinctions despite the concealment of appearances; it is always the irony of life that, after the havoc of a murderous rampage, the little old lady next door always responds to the query of the reporter and says, “And he was such a nice young man…”

The veil of appearances; the brave face we put on; like the Noh Mask which alters expression depending upon the angle, perspective, light and vantage point of the viewer, the inner reality of turmoil in every man passing on a single street, betrays the reality of cosmetic surfaces.  And, too, that is the problem for the Federal employee and the U.S. Postal worker who wants to — nay, needs to — file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset.

Through it all, the “others” have been playing the same “game” of enduring through concealment.  Bizarre behaviors sometimes betray; or, perhaps, it is some rumors of over-drinking; or the unexplained and unexplainable cuts and the bald spot from pulling and scratching; whatever the evidence, they can all be glossed over with a smile and a furtive glance to other and parallel universes.  But for the Federal and Postal worker who truly suffers from a medical condition, such that the medical condition impacts and prevents one from performing one or more of the essential elements of one’s positional duties, the time has come when wonderment and reality clash in an intergalactic battle of proportionality and justice, where mind, body and spirit can no longer lie to the inner soul of one’s essence.  For, ultimately, it is that “soul” which hurts and suffers.

When we lie to others, it merely allows for the medical condition to fester and progressively deteriorate; when we lie to ourselves, it damages and destroys the inner character of one’s essence.  That is the epic tragedy of reality in a universe concocted with virtual devices, and therein lies the true lie of that which we desire, and it is indeed a wonder that we are able to function at all in that unending maze of cacophonous laughter we deem to be the madness of society.


Robert R. McGill, Esquire


OPM Disability Retirement: The Netherworld between Sleep and Wakefulness

There is that moment of haziness, where sleep has not yet overtaken and consciousness has not yet been fully lost, where the philosophical abyss of Kierkegaard’s Either/Or stands in relation to knowledge, truth, insight and puzzlement, and where questions abound concerning the relationship between words and the objective reality of constellations clashing amidst bursting stars and black holes.

Sleep is a realm sought after; restorative sleep, a state of being which, without explanation or cause, we accept as a necessity of life’s conundrums.  Without it, or because of a lack thereof, functionality deteriorates, awareness becomes overwhelming, and the capacity to tolerate a normal level of life’s stresses becomes an issue of sensitivity and tearful breakdowns.  Sleep brings us to the other side of darkness; wakefulness, this side of paradise.

Whether because our genetic code has not yet adapted fully through the evolutionary process of survivability, or that technology outpaces the capacity of human intelligence to withstand the constant bombardment of stimuli upon organic receptors devised merely for hunting or gathering, we may never figure out.  Regardless, many are like the sleeping dead, where the netherworld between sleep and wakefulness remain unchanged, and profound fatigue, daily exhaustion and untenable mental fogginess and loss of intellectual acuity impacts one’s daily ability and capacity to make a living.

For Federal employees and U.S. Postal workers who must contend with such an exacerbating and complex state of health, the reality of going through the day, of coming home exhausted and forlorn, yet unable to turn that profound fatigue into a period of respite and restorative sleep, is a reality faced with the concerns of being able to continue in one’s Federal or Postal career.

Sleep disorders are often secondary medical and health issues, following upon primary physical and psychiatric disabilities; but they can also be a primary basis for 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.

Whether diagnosed as Sleep Apnea, Insomnia, or a more generalized diagnosis of Sleep Dysfunction or Sleep Disorder, the impact upon one’s cognitive acuity as well as the physical exhaustion felt, which can lead to creating a hazardous workplace phenomena, the Federal or Postal employee who finds that the impact prevents him or her from performing one or more of the essential elements of one’s Federal or Postal positional duties, should consider that the health issue itself is a valid one, and a firm basis for preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

One may, here and there, experience the phenomenon of entering that netherworld between the dark chasm of sleep and the full orientation of wakefulness, and know that drifting between one and the other is likened to the necromancy of human complexity; but when such a condition remains a constancy in one’s life, then it may be time to consider filing for a Federal Disability Retirement annuity, lest the sorcery of life’s dreamworld waves the wand which withers the soul.


Robert R. McGill, Esquire


Federal Disability Retirement: Medical conditions and the “to-do” list

We often approach everything in life in a repetitive, systematic manner; of a routine which engenders habituation of comfort, and of identity harkening to obsession of similitude.  It is said of Kant that his neighbors set and corrected their watches and clocks according to the regularity of his walks, as his life maintained a predictability of precision so reliable that error could only be ascribed to a mechanical defect, and never to his human constancy.

It is as if there is an internal “checklist” in order to attain a progression of human development, and in an effort to achieve that advancement, both of thought and of physical growth, we must be assured of completion and fulfillment.  But medical conditions are never like that; we cannot “do something about it” and expect to “check it off” of our “to-do” list, only to move on to the next item on the itinerary.  A pastor once quipped, “Where there are people, there are problems.”  True enough; although, there could have been an addendum:  “And where there are problems, you can always find impure motives.”

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 problem is one of duality of purpose:  For the Federal or Postal employee suffering from a medical condition, the approach of attempting to “check off” the medical condition as another item on a “to-do” list is always rebutted by the stark reality of the medical condition itself; and from the Federal agency’s perspective (or the Postal Service’s), the thought-process of “when will it go away” simply avoids the issue, and fails to address the problem of the conflict which arises.

Thus, the benefit of OPM Disability Retirement is there for the Federal or Postal employee, precisely to allow for those circumstances in which (A) the medical condition no longer allows the Federal or Postal employee to be able to perform all of the essential elements of one’s positional duties, (B) the medical condition will last a minimum of 12 months — not that one must wait for 12 months, but rather, that the prognosis by a doctor or medical provider is willing to state that the medical condition will, within reasonable medical probability, last for that long, and (C) accommodation of the medical condition is not possible, and reassignment to a position at the same pay or grade will not ameliorate the situation.

In the end, medical conditions defy the human attempt to treat it as merely another obstacle to overcome, or an irritant to set aside.  It is a condition of human existence which represents a trial for a linear life we attempt to manage, when in fact a change of course is often the remedy, and not the repetition of comfort found in the thoughtless quietude of habit.


Robert R. McGill, Esquire


OPM Disability Retirement: Explicit versus Implicit

The former leaves no room for confusion or doubt; the latter, a bit of “wiggle room” where insinuations, hints and suggestive openings are characteristic invitations of open regards.  They are not mutually exclusive within a paragraph or even a sentence; they are, however, antonyms, and should be used with context-defined relevance.

For Federal employees and U.S. Postal workers who are filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the choice of either can determine the future viability of one’s Federal Disability Retirement application.

Certainly, there are times in life when one chooses the latter methodology, for various reasons — perhaps being forthright and blunt is not the “right” approach; perhaps there is fear of offending, or mere laziness and sludge of confrontation prevents one from being straightforward.  In the legal arena, the former approach is preferable, if only to squeeze out the light of linguistic malleability and flexibility in supercilious argumentation.  But in the context of an OPM Disability Retirement packet, there will often contain multiple usages.

One’s Supervisor, in completing SF 3112B (Supervisor’s Statement), may present contradictory information by checking a box which is relatively unequivocal (is that an oxymoron — to use the terms “relatively” and “unequivocal” in the same breadth of a sentence?) but placing remarks implying the exact opposite in response to “explanatory” and more expansive questions.  Or, for the Federal Disability Retirement applicant, in completing SF 3112A, the “Applicant’s Statement of Disability”, there may be a strategy in mixing both explicit statements and providing for implicit openings for meanings and connections.

Certainly, the “law” of Federal Disability Retirement allows for it; but one must always take care in addressing the nature, extent and susceptibility of statutory interpretation in formulating one’s Federal Disability Retirement application.  Ultimately, as in most things in life, the former is preferable to the latter; though, wiggle room and the dictates social conventions may sometimes require one to be explicitly implicit in order to be inefficiently efficacious.


Robert R. McGill, Esquire