Attorney for Federal Disability Retirement Claims: Next Steps

It is the previous step that determines the following one, and the one before that which closes the alternatives for multiple other pathways; in the end, sequence matters, protocol can make a difference, and how one takes the steps, in what direction, by what methodology — these are all important considerations to contemplate.  What the endeavor is; by what means one is attempting to achieve the end-result; and the manner in which the goal is reached; the attempt the take a short-cut will often result in only a short-lived gain, but often with long-term consequences that, upon reflection, made the short-cut pay a price greater than the worth of the gain.

Next steps are important; each step, whether previously taken or subsequently considered, are also obviously of significance, but one could argue that those already taken cannot be reversed or, if reversed or retraced, may complicate matters more, whereas the “next step” yet to be taken may impact all previous ones already established and thus must be considered in light of the consequences likely to ensue.

Whatever has already occurred in the past cannot be undone or, if it can, must be retracted with care such that any retrospective refashioning of previous actions taken will do no greater harm than that which has already been consummated.  It is always the “next steps” that are the crucial ones, for they will determine not only the efficacy of all previous ones, but further, will either validate or undermine all previous ones heretofore taken.

For Federal employees and U.S. Postal workers who are considering 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, the next steps you take may be the critical ones that determine the success or failure of the entire complex, administrative and bureaucratic process you are attempting to undertake.

What statements are made as reflected on SF 3112A, the Applicant’s Statement of Disability; the sufficiency of the medical reports and records gathered, to be submitted as Attachments to your Federal Disability Retirement application; whether you answer and address the issues concerning accommodations in the workplace sufficiently or in what manner; whether you have an adequate understanding and comprehension of your rights with regard to Federal Disability Retirement Law; these and many other “next steps” may well determine the future course of actions previously taken, ignored or otherwise not initiated.

Perhaps the “next step” should be to consult with an attorney who is knowledgeable about Federal Disability Retirement Law, lest the “next step” be the one that leads to an unforeseen stumble, where that next step leads to a misstep or the following next step after that cannot occur.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Gatherings

What is it about human beings that compel and necessitate it?  Unlike the wandering Cheetah or the lone wolf, human gatherings have been the imprint of psycho-social requirements since the dawn of day.  The tribal gatherings around the campfire; the Thanksgiving feast that celebrates survival and the new season; the corporate board, the large-scale concerts and the network of social media; and then, of course, that which is all but forgotten, and yet always yearned for: the private gathering of “just the family”.

Somehow, we lie to ourselves and soothe our own egos, suppress the truth by – again, “gathering” – the number of “friends”, “likes”, etc., and it has now become a quantitative game as opposed to a qualitative reality that determines how “happy” one is.  In modernity, we have lost the whole purpose and underlying foundation for what gatherings are meant to be – of the interchange between neighbor and neighbor, the opportunity to listen to elders and the basis for which a society survives.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position, does the Agency, the immediate supervisor or fellow coworkers even “know” about the medical condition, or even show any concern or care?

Each day, we “gather” together for a common purpose – for work, for the Agency’s “mission” and the “work-for-paycheck” agreement between employer and employee.  And, yes, there is a distinction to be made between a “social gathering” and a gathering intended for purposes of work and productivity.  Yet, there is something inherently amiss when one’s humanity is lost in the process of this thing called “employment gathering” – where no one seems to care about the next person, and when once the clock ticks to the closing hour, everyone departs to their own private gatherings, whatever that may be and wherever it may end up.  Of course, to invite a coworker to a home meal may constitute some form of harassment, and any gatherings to “pray” for another – regardless of what religion or denomination of belief it may originate from – is automatically excluded because of the offensive connotations of such an act; and so we are left with going home, each of us, and gather from a distance through the technology of Facebook, Instagram, Twitter and email.

And yet, the Federal or Postal employee who has all along suffered from a medical condition, suffers still, and the only option left is to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, just because the “gathering” at work didn’t care enough to try and find a suitable accommodation for that Federal or Postal employee.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Working to preclude

Aren’t most of us perennially, incessantly, constantly and by chronic despair in that “emergency mode” of operating through life?

We are working to preclude: Some imagined disaster; some trouble just around the corner; some depth of a hole we cannot dig ourselves out of; and some problem that we are thinking about that is developing that we are not yet aware of.  Few of us actually work with a positive attitude to build; fewer still with a confidence that tomorrow will bring some answers; and rarely, of that person who does not work to preclude.  Caution is the mainstay of a troubled past that left a child anxious, uncertain, self-conscious and entirely lacking of self-confidence.

That is why that wide arc of “self-esteem” training that began to spread about in the classrooms and throughout communities took hold – in the false belief if we just kept saying to a child, “You are worthy” or poured accolades and trophies just for showing up, that somehow we would counteract the deep imprints left upon the cuts and scars that were perpetrated by homes of divorce, emotional devastation and incompetent parents.

Working to preclude is often a form of sickness; it is the constant scrambling to try and play prevent defense, and how often have we seen an NFL game where the team that scores first and many times ends up losing because they spent the rest of the game working to preclude?

For Federal employees and U.S. Postal workers who are suffering 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 constant effort in working to preclude the Federal Agency from putting you on a Performance Improvement Plan (acronym “PIP”), issuing a letter of warning, or proposing a removal based upon excessive absenteeism, being on LWOP for too long, or for poor performance, leaves a hollow feeling of an uphill battle that can never ultimately be won.

Filing a 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, is a step away from working to preclude – it is, instead, a positive first step towards securing a future that is otherwise as uncertain as one’s efforts in working to preclude.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Agency’s Options Letter

Options presented in life often depend upon the preparatory avenues previously correlated over months and years in reaching such a point and destination; alternatives and the plenitude of opportunities rarely “just happen”, and like the football team which seemingly seamlessly executes its game plan, the practiced work left unseen behind the scenes is what allows for the openings to occur, both in sports jargon as well as in business life.

Whether the limits of available alternatives are constrained by the apparently known universe, or continue without knowledge, matters little; for, in choosing from a list of openings, one must know the menu before placing an order.  Thus, can a person choose a sixth option when presented with only five?  Or does lack of knowledge and negation of foresight delimit the available resources untapped and unencumbered?

For Federal employees and U.S. Postal workers, there is often that dreaded “options letter” which the Federal agency or the Postal Service issues, as if the universe of actions to be considered is restrained by the content of the issuance serving the needs of self-interest, and not with concern for the Federal or Postal employee.  Such options presented by the Federal agency or the U.S. Postal Service are often 3:  Come back to work; seek accommodations; or resign.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition has resulted in exhaustion of Sick Leave, Annual Leave, and all FMLA benefits, the refusal by the agency or the U.S.P.S. to extend the granting of LWOP is often accompanied by the threat of sanctions, punitive actions and placement of the Federal or Postal employee upon AWOL status.

The options presented are thus onerous and unreasonable; for, as Option 1 is untenable (the medical condition prevents the Federal or Postal employee from coming back, and the agency and the U.S. Postal services knows this, as otherwise Sick Leave, Annual Leave and FMLA would not have been unnecessarily exhausted), and Option 2 (seek accommodations) is somewhat of a “given”, it is Option 3 (resignation) which the Federal agency and the U.S. Postal Service hope and expect the Federal or Postal employee to initiate.

Such an option allows for the least amount of thought and effort by the Federal agency, and it is this expectation, along with the threat of placing the Federal or Postal employee with imposition of AWOL status, that often wins.  But are there other options besides the ones presented by the Federal agency or the U.S. Postal Service? Perhaps.  But as life’s choices are revealed only through knowledge and wisdom, it is the one who seeks the avenues of counsel who discovers that universes besides the insular one within the parameters of the Milky Way portend of other life on planets yet undiscovered.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Palate of Human Living

It is both an identifier of a specific part of the human body, as well as a noun used to describe a sophisticated and discriminating characteristic of the human animal.  Used in the former manner, it merely describes nothing more than the biological component in common with all other animals; as presented in the latter form, it distinguishes from the greater commonplace testament of a refinement not otherwise found.

That, then, is the uniqueness of the human being; the capacity to be part of the world around, yet able to be distinctively different and to progressively advance (as opposed to regressively retreat) on the spectrum and scale of achievement.  But in the objective world of reality and pragmatic concerns, there are “equalizers”.  One such factor which levels us all, is an unexpected medical condition.

For Federal employees and U.S. Postal workers who have striven to personally and professionally advance on a career path with the Federal Government or the U.S. Postal Service, but who now find that the unpalatable future orientation belies one’s capacity to continue because of a medical condition, serious consideration must be granted to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The decision itself is not what impacts the palate; rather, it is the cessation of progression on one’s career scale which makes for the unpalatable idea.  But that is where the pragmatics of life, and the dream-like quality of ambition, willfulness and the human spirit of positive-thinking, all come together in a clash of titanic proportions, and serves to undermine the reality-oriented universe of necessity and practicality.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not a reflection upon the capacity of the creative drive of the individual; it is merely a necessary step in response to a biological requirement in order to advance to the next stage of one’s life.  And just as the palate is not merely a body part, but a refinement of distinguishing taste, so the Federal or Postal employee who cannot see the distinction between moving forward into the next and future achievement from a biological condition which cannot be avoided, is merely of the lower animals, and not the angel whom the gods entrusted as the caretaker of a universe gone astray.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: The X Factor

In algebraic equations, it is that unknown variable which remains elusive and concealed, and which must be figured out in order to arrive at the conclusion.  We love those teachers who inform us that “credit” will be “given” for work shown, and that it is not so important to come up with the answer as opposed to the methodology manifested in reaching it.

And so we devised a complex network of signs and symbols, hoping that they concealed the ignorance of our unlearned lack of wisdom.  But the fact remains that leaving the factor unexplained and unfulfilled is like turning one’s back upon a helpless puppy abandoned in the middle of a busy freeway; somehow, the hollowness of leaving behind haunts one with a sense of incompleteness, like the puzzle with a missing piece.

These vestiges of psychological appendages, like damaging mollusks on the underbelly of a drifting boat, remain long after the effort to solve the equation is abandoned; for, in life, we think that all variables have an answer, if only we had listened carefully in the classes we skipped or during which we daydreamed and slept.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to seriously impact one’s ability and capacity to fulfill the positional requirements (or “essential elements”) described, the thought of abandonment through resignation or termination leaves that same taste of dismay and fear, like the residue of pine-goo on the palm of one’s hand.

The “other” option — which constitutes the solution of the X-factor — is to file 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.   While not widely advertised, OPM Disability Retirement is a benefit which is offered when a Federal or Postal employee is no longer able to, because of a medical condition, perform one or more of the essential elements of one’s positional duties within the Federal government or the U.S. Postal Service.

Thus, instead of remaining static in a state of utter frustration, attempting like those childhood years of yore when scratching one’s head, peeking over surreptitiously at the blank paper on the next desk, or looking with wonderment at the ceiling above as if the gods of information will reveal the answer through the illuminating fluorescence of those linear tubes, the Federal or Postal employee has the ultimate solution for the X-factor within grasp:  preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire