Federal & Postal Disability Retirement: The Dam Thumber

We are all that; we just don’t know it, and sometimes when a moment of joy or tidbit of happiness comes along, we forget our duties as the Dam Thumber and actually enjoy our lives.  The Dam Thumber’s job is to do just that — to stop the leaks by putting one’s thumbs into the holes which appear — and, of course, not just the thumbs, but every other finger which may be stretched in order to barricade against the open fissures which occur during the course of a lifetime.

Isn’t that how most of us view life?  Either too busy preventing disasters from occurring, or trying to repair and cover up the cracks and holes which seem to open up just when we are trying to sit down and relax for a moment.  We are far too busy to “smell the roses”, and by the time we actually have a moment to reflectively consider the beauty around us, our bodies begin to fail us and the fear of our own mortality overwhelms.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact and prevent the performance of one or more of the essential elements of one’s Federal or Postal job, being a Dam Thumber becomes more of a full-time occupation.

If your quality of life is deteriorating because you don’t have enough thumbs to be an effective Dam Thumber, anymore, consult with an attorney who specializes in Federal Disability Retirement Law, and consider preparing, formulating and filing an effective Federal Disability Retirement application in order to relieve yourself of the primary duties of being a Dam Thumber, and instead to focus upon your health and well-being.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Arbitrary Denial

A denial from the U.S. Office of Personnel Management of a Federal Disability Retirement application is disappointing enough.  For, after waiting for countless and seemingly endless months, exhausting one’s resources and relying upon the reality of one’s medical conditions and limitations thereby imposed in persuading OPM to draw and infer the conclusion that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, it is understandable how overwhelmingly dispiriting a denial can be.

Denials of a Federal Disability Retirement application often appear to be “arbitrary”.  Yes, there may be multiple paragraphs in a “Discussion” Section of the Denial Letter delineating a “reason”, but such explanatory posits are often non sequiturs where conclusions fail to follow upon selective extrapolations from medical reports submitted.

Clearly, “something” did not satisfy the reviewing “medical specialist” who came to the conclusion of a denial, and whether the Federal or Postal applicant believes that the denial is both unfounded and unjustified, it is an irrefutable fact that OPM possesses both the power and the authority to approve or deny a Federal Disability Retirement application, and whether a denial appears “arbitrary” or convincingly persuasive in delineating reasons for the denial, the process itself must be seen as an “adversarial” one.

Arbitrariness can only be countered by rational discourse, and the power to deny must be refuted by a reasoned rebuttal supported by convincing medical documentation.  Don’t fume over unfair, selective extrapolations that are intellectually disingenuous; instead, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of countering the arbitrary denial by mapping out a reasoned rebuttal.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Lost…

One’s age can be revealed as to whether, in the privacy of one’s thoughts, the ellipses is replaced with — “Lost in Space”, or even The Swiss Family Robinson.  The former is a television series that ran between 1965 and 1968; the latter, a novel by Johann David Wyss published in 1812 that few of us read anymore.  Another television series recalled from the dustbin of history’s classics; another novel and writer no longer read, remembered or studied.

They are stories about lost colonies, lost people, lost souls — lost individuals.  The fact that they are “lost” is a phenomena that society finds interesting enough to retell the story about which we would never know, except that they were somehow “found” and were able to convey their experiences.

As a child, one remembers the self-contradiction of that very issue: the young, fertile mind queried (and never could get a satisfactory answer from anyone ):  How come, if they are really lost, we’re able to watch them on television, or read about them?  If they were found, then they aren’t lost, anymore, are they, and if so, why is it interesting or even relevant?  Or, is it just of historical interest that we enjoy hearing about the experiences during the time of “being lost”?

The world today, of course, is different from the yesteryears of a bygone era; the world is all “connected”, such that there are no places in the world where we haven’t seen National Geographic photographs depicting of untraveled areas where the “lost peoples” of the universe reside and continue to survive.  The Amazonian forests are being depleted through mindless mining and destruction; the Himalayan monks who once medicated in silence wear jeans and sandals while selling trinkets to wandering tourists; and the polar bears that once roamed the northern glaciers wander beneath the pipelines that stretch amidst the wilds once dominated by the wolves that sniffed with suspicion.

Today, we live amidst civilization’s constant drum of progress and technological connectivity; instead of being lost in the wilds of a universe still undiscovered, we remain lost amidst the communities in which we live.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition must by necessity lead one to consider filing for Federal Disability Retirement benefits under FERS, there is a sense of “loss” and “being lost” in at least 2 ways: The “loss” of a career once held promising; and of being “lost” in the complex, administrative process in preparing, formulating and filing for Federal Disability Retirement benefits.  In either sense of being lost, it is a good idea to consult with an attorney who specializes in Federal Disability Retirement Law — if only to get a roadmap to help one find one’s bearings.

Being “lost” does not mean simply that one does not know where one is geographically; in fact, most people are lost even in the midst of being surrounded by the daily din of civilization; and that is why consulting with an attorney in preparing, formulating and filing for Federal Disability Retirement is an important aspect in finding one’s way out of the morass of being lost.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: The image we hold

It often takes years, and sometimes never; the child that has grown up, lived independently for some time, and has asserted his or her separation and personality still remains a child in the mind of the parent.  The image we hold often far extends beyond the reality that has changed and circumstances have dictated; it is that which remains as the final vestige of what we yearn for, steadfastly refuse to surrender, and allow in our imagination to fester with the desires of fantasies left unrealized.

That is why loss of a parent from the perspective of the child is just as difficult as the loss of a child from the vantage point of a parent; each holds on to the image remaining, like Platonic Forms that transcend the ugly reality of the starkness in broad daylight.  From the child’s perspective, the image we hold is of the omnipotent parent — vibrant, bringing joy and security, always there to reassure.  From the parent’s viewpoint: of the innocence never tarnished, the first gurgle and smile, and that word that bonds the relationship forever and a day.  Yet, each grows; the parent, frail and into senility; the child, into adulthood and loss of innocence.

It is, however, the image we hold that remains, and is the last to exit despite the coffins of despair and the alterations of nature’s cruelty upon the wrinkles of time.

For the Federal employee and U.S. Postal worker who suffers from a medical condition such that the medical condition no longer allows the Federal or Postal worker to remain in the same job, career and agency of one’s chosen career, there comes a time when Federal Disability Retirement should be a consideration, and the image we hold of a long-lasting tenure as a Federal employee in a particular line of work must, by medical necessity, change.

The image we hold is a figment of one’s stubbornness to remain steadfastly upon a course of immortality; we all have to submit to the winds of change, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is that very change that must go beyond the image we hold — of one’s self.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: “But…”

What is it about a certain voice inflection that forewarns us of that conjunction?  A long explanation is given; a reason for “why” a person is about to do something is adroitly conveyed; a detailed and rational discourse is provided; and yet something tells us that the inevitable “but” is about to be inserted, making of the independent clause just spoken merely a precursor for the real reason that the lengthy discourse was given in the first place.

It is also a metaphor for life itself, isn’t it? “Things were just great, and it was the happiest of times, but then…”.  It is like the metaphorical dark cloud that dampens the spirit, or the sudden gust of wind that topples the tower when one was just about to reach the apex; the “but” in our lives comes at the most inopportune of times.

Then, there is the causal intervention “but” in law, as in, “But for X, Y would have not been liable because X becomes the primary intervening cause that subverted Y and all other causal determinants.” But for this job, my life would be perfect; but for this minor incident in my otherwise stellar career, I would have been unstoppable; but for X, Y and Z, I would have reached olympian heights; and on and on.  Isn’t that what Bing Crosby said of Frank Sinatra (for those who are young enough to even remember such icons of yesteryears, that “But for Sinatra, I would have been the most popular singer of my time”)?

Medical conditions tend to insert that conjunctive into a life, don’t they?  For Federal and Postal employees who consider the “but” of a life to be that medical condition that has come to a critical juncture — not merely of a grammatical appendage, but of a true intervening cause that disrupts — because it prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal career, it may be time to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The “buts” of life are merely conjunctives that forecast the darker clouds that rain upon an otherwise stellar experience; to alter the “but” and instead turn it into a mere “and” is what preparing, formulating and filing an effective Federal Disability Retirement application can do, and thereby avert the “but” word that makes the remainder of the paragraph simply an extension of an otherwise joyful phenomena called “life”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Reality and poetry

A woman sits on a park bench surrounded by the concrete giants of looming buildings and antiseptic structures overhanging and overshadowing all but the remnants of nature’s detritus, with the cooing pigeons that bob their heads back and forth as they meander about in the contrast between reality and poetry.

And she has a book in her hands.  It is a book of poetry.  Who the author is; what the verses metaphorically narrate; how the images impact the quiet reader; these are not so important as the oxymoron of life’s misgivings:  A city; the overwhelming coercion of modernity’s dominance and encroachment into nature’s receding and dying reserve; and what we hang on to is a book of poetry that reminds us that beauty is now relegated to printed pages of verses that attempt to remind of beauty now forever lost.

No, let us not romanticize the allegory of a past life never existent, such as Rousseau’s “state of nature” where man in a skimpy loincloth walks about communing with nature’s resolve; instead, the reality that man has lost any connection to his surroundings, and is now lost forever in the virtual world of smartphones, computers, Facebook, Instagram, Twitter and Texting.

The tactile experiences of our individual encounters with the objective world is now merely the touch of a screen, and feel of glass, metal and plastic, and the pigeons we feed with such joy and excitement from park-benches manufactured with recycled materials so that we can “feel good” about the environment that we have abandoned.  And so we are left with the reality of our lives, and the poetry that we always try and bring into it, if not merely to remind us that there is more to it all than work, weekends and fleeting thoughts of wayward moments.

For Federal employees and U.S. Postal workers who suffer from an additional reality – of a medical condition that impacts his or her life in significant ways – the third component is not a mere irrelevancy that complicates, but often becomes the focal point of joining both reality and poetry.  Medical conditions have the disturbing element of reminding us of priorities in life.  Reality, as we often experience it, is to merely live, make a living, survive and continue in the repetitive monotony of somehow reaching the proverbial “end” – retirement, nursing home, sickness and death.

Poetry is what allows for the suffering of reality to be manageable and somehow tolerable; it is not just a verse in a book or a line that rhymes, but the enjoyment of moments with loved ones and those times when everything else becomes “worthwhile” because of it.  But then, there is the complication of a medical condition – that which jolts us into wakefulness of a reality that makes it painful and unacceptable.  What is the road forth?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition now makes even work at the Federal agency or Postal facility intolerable, preparing an effective Federal Disability Retirement application is at least a path to be considered.  It is a long, arduous and difficult road that must wind its way through the U.S. Office or Personnel Management, but the choices are limited, and surely, you never want to abandon the poetry of life, and be left with only the reality of the medical condition?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Calculus of Change

The title itself is somewhat of a tautology, for the branch of mathematics is defined as a study of change, divided into differential calculus and integral calculus; both, concerning the function and limits of mathematical constancy and potential quantum leaps for purposes of analyzing quantitative future applications.

We all assume some amount of change; if there is a differential to be considered, the rate of such change can be significant over an extended period of time, whereas the initial analysis can be a minimal irrelevancy.  It is the exponential rate of change applied over a lengthy period, which can produce change significant enough to enter into the calculus of future indicators.

Change is a recognized inevitability, though human expectation is often one of dependency upon the constancy of habituation and permanence.  We expect, when we open a door into a familiar room, for the interior decoration to have remained the same as the last time we entered; but who is to say that a spouse or family member did not, in the meantime, rearrange the furniture or put up new curtains?

Change has an inherent character of disquietude; it is the constancy of repetitive permanence which allows for solitary reflection and comfort.

Thus, for Federal employees and U.S. Postal workers who are contemplating 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, the disruption posed by the change in one’s circumstances — of fiscal, professional, social, cognitive and physical (i.e., the mere act of going to work each day, etc.) — can be tremendous and traumatic.

In preparing and formulating one’s Federal Disability Retirement application, it is always a positive engagement of efforts to consider the calculus of change, and to not leave the alterations in one’s life in dismissive form as mere statistical irrelevance.

For, in the end, the biggest change of all has already occurred, in the form of an impacting medical condition which has prevented the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties in the Federal or Postal sector; the rest is mere window dressing to the very essence of a changed life.

Sincerely,

Robert R. McGill, Esquire