Lawyer Representation for OPM Disability Claims: Cat’s Cradle

It is the complex game of strings wrapped around the small fingers and thumbs of each hand (or a modification of that contorted vestibule of human appendages), and where each player turns the cradle of the strings into greater complexity with each move by the other.

When children play it, the ease with which each turn of transforming the cradle of strings is a fascinating experience to witness.  When grown-ups do it — or, more accurately described, mess it up royally and invert the design into a an ugly bundle of irreversible entanglements that can no longer be played — the “overthinking” begins, the hesitation blockades and the uncertainty overwhelms.

It is always the grownups who mess up the beauty of the world’s designs, while children play it effortlessly, without conscious thought and with an innocence of proceeding that reveals much about what happens to an individual when you “grow up”.

Of course, we all have to grow up.  It is a sad inevitability.  That is why when the stunted individual who never quite got over his or her high school years, and still to this day talks about that grand finale of his senior year where the glory days of football, parties and friendships that were promised to last forever — that these frozen images yet remain so many years later as the pinnacle of one’s life and achievements — we shake our heads sadly and wonder at the fragile nature of man’s folly.

Cat’s cradle is the metaphor for much of life itself — of how simple childhood is, and yet so complex like the strings that bind the hands that create.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal job, the time to “think” about the next move — like the overthinking grownup who is asked to take the next step in the game of Cat’s Cradle — may seem complex because of its very simplicity.

There is the future to think about, and all that comes with it.  One’s career, health and future security are all entangled within the strings that wrap around and throughout one’s life, but the question that remains is similar to the conundrum of a Cat’s Cradle — is it you who will make sure that the next design of strings will turn out “right”, or will you leave it up to the Federal Agency or the Postal Service to determine your future course of actions?

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is a complex administrative process —much like the tangle of strings in a Cat’s Cradle —but it is the simplicity of deciding that will make all the difference as to whether the next move will be a successful one.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Gov. Employment: Degree versus knowledge

Does a degree hold as much worth, if everyone possesses one?  Why are the economics of supply and demand not attached to degrees conferred by so-called institutions of “higher learning”?  Is the degree conferred of value because of the opportunities granted by the elevated status, or by the knowledge gained and imparted?  Or is the disjunctive bifurcation into universes of counterparts, between diploma represented as opposed to a jewelry box of wisdom, an offer of false alternatives, when some may indeed gain knowledge as well as certification in completion of courses advanced?

If everything is nothing, and nothing constitutes the combined aggregate of everything, can a distinction with a difference be proffered?  So, if everyone has gone to college, and the conferring of a degree is disseminated to all, has nothing been gained by the accessibility to everything?  It is, of course, best represented by Cordelia in Shakespeare’s Tragedy, King Lear, where he responds to the hesitant daughter, “Nothing will come of nothing”, and entreats her to further to expound by extravagant and flowery profusion of meaningless trope; or would it have been meaningless?

The silence which ensues between the cacophony of emotions in the short scene is painful and agonizing.  The old king whose feelings have been devastated; the insincere showering of expressed flattery by his other daughters; the pauses and elongated silences between entreaty and loss of words; for, it is ultimately that wide expanse and abyss between the words fabricated and the intent revealed, which formalizes the fate of a person’s soul and destined catastrophe.

It is the identical nature of a degree versus knowledge, and there are multiple parallels and counterparts of such contending artifices of conceptual constructs enamored; of silence versus quietude; of peace which merely poses as a veil for a ceasefire.  Knowledge is what is lacking in a society that promotes glitter, padded resume and degrees dispensed with abandon and devalued wisdom.

There are exceptions, however, and the pragmatic cynic will counter with:  Would you allow an individual without a medical degree to perform surgery upon a vital organ?  The answer, of course, is an unqualified “no”.  And that is why, in a Federal Disability Retirement application, the case-law conferred and rendered by Administrative Law Judges at the U.S. Merit Systems Protection Board have consistently held that a treating doctor possesses the greater credibility in formulating an effective Federal Disability Retirement application in a Federal Disability Retirement case, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, like the issue surrounding the distinction between “degree” versus “knowledge”, the medical doctor who has never treated a particular patient, but who certifies that the Federal or Postal worker is unable to perform one or more of the essential elements of the Federal or Postal employee’s positional duties, is likened to a person who wears the formalities of credentials, but lacks the individualized knowledge elevated to the heightened ascendency to wisdom, representing the doctor who has had multiple clinical encounters and can determine the capacity and capabilities of the Federal Disability Retirement applicant with confidence paralleling the man of knowledge who may lack a degree, but never fails to notice the pitfalls present on the pathway to an unlit gaze upon the heavenly stars of folly.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Reversal of Fortune

Life itself rarely reflects a steady, linear progression on a graph; the zig-zagging representing times of economic turmoil more accurately profiles a person’s span of existence.  Moreover, one’s career is not necessarily the essence or paradigm of a given life’s experience; there are multiple factors, including emotional, births and deaths, marriages and medical conditions.  How does one quantify an experience?

The methodology we seek is often purely in monetary parallelism:  if one receives pay raises and cash rewards, then one’s career is considered to be on an upward trajectory; if one gets a reduction in salary (with or without a concomitant demotion in position), then the loss of linear progression is deemed a failure of sorts.  But like marriages, and life itself, careers never merely reveal a positive path of progressive purity; ask Elizabeth Taylor, who skews every statistical analysis of marriages and divorces.  And then, of course, there is the interruptive influence of a medical condition.

For Federal employees and U.S. Postal workers, the daunting doldrums of a medical disability reveals many things not reflected on a graph of life:  the bother; the interruption of a career; the fear imposed; the dealings with coworkers; the reaction of the agency or Postal Service; the need for surgical and other procedures; a whole host of activities not previously contemplated.

For the Federal and Postal employee who finds that a medical condition begins to prevent one from performing one or more of the essential elements of one’s job, consideration then needs to be given for filing with the U.S. Office of Personnel Management, whether one is under FERS or CSRS, or CSRS Offset, of an effective Federal Disability Retirement application.

Yes, unfairness is a characteristic of life not reflected in the graph of microeconomics; yes, sometimes experience teaches us that the proverbial cards are stacked against us; and yes, reversals of fortune constitute a reality rarely taught in classroom social studies.  But as life’s experience is never accurately or fully represented by mere lines and numerical paradigms, so a biography of a historical figure can never be captured, as fortunes and reversals thereof can never embrace the complexity of human folly.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Attorney: The Second, Reconsideration Stage

It is not a reflection upon the validity of one’s medical condition; a denial from the U.S. Office of Personnel Management can mean multiple things, not the least of which may include:  insufficient proof failing to rise to the level of satisfying the preponderance of the evidence standard.

Federal Disability Retirement applications are compiled in a myriad of manners; yes, the standard forms themselves tend to compel a certain semblance of conformity, but ultimately the strength of a case will depend upon the supportive documentation attached, and here is “the rub”:  there still exists the “human element” in the reviewing analysis of a Federal Disability Retirement application.

Yes, certain sets of legal criteria are applied (but who and how are they interpreted in their application?); and while satisfaction of the legal criteria is supposed to be determined by the general principle of “preponderance of the evidence“, who and what complies with meeting such a standard?  How is such satisfaction determined?  Such questions, of course, imply a human element in the administrative process of an OPM Disability Retirement review, and whether we like it or not, reveals an underlying connection to imperfection and fallibility.

There is no mathematical algorithm of mechanistic applications which will completely correct the underlying problems inherent in human review within the context of a bureaucratic process.  Fortunately, however, the process itself contains a self-corrective device: different stages and levels of review, which allows for the Federal employee or the U.S. Postal worker to provide additional supportive documentation in order to reinforce and strengthen one’s Federal Disability Retirement case.

There are limitations, however, and that is why “corrective action” at the Second, Reconsideration Stage of the administrative process of Federal Disability Retirement is just that — it is to “correct” the mistakes, lapses and inherent lack identified in the original Federal Disability Retirement packet.  The “limitations” are set by law, and are determined by how one characterizes one’s medical conditions in the Statement of Disability as perpetuated on SF 3112A.

Care should always be taken, of course, in the initial preparation of a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and before it is forwarded through one’s agency to the U.S. Office of Personnel Management.  But in the end, one must recognize that the entirety of the administrative process is one which involves multiple stages of a bureaucratic procedure, and the Second, Reconsideration Stage is merely another level of self-regulating refinement to ensure that the human element, including mistakes and misapplication of the law, is expunged to the extent possible, and instead, that the objective application of the law is uniformly dispensed in order to reach a statistically acceptable algorithm of fairness and impartial determination.

Sincerely,

Robert R. McGill, Esquire

Postal and Federal Employee Disability Retirement: Seasons

Breaking the vicious cycle of mental and physical disabilities in the Federal Government workplace and in the U.S. Postal Service

It is a self-evident statement, a tautology of sorts, that seasons come and go; for, by definition (and thus an allegedly a priori statement), a season is that which had something preceding it, changed, and will alter its course into a future one, in a cyclical fashion of interminable regularity.  It is the effects upon individuals which often fail to change, as people are not subject to the universal principles of the physical world in the same way as planetary systems and nature’s repetitive elements.

Thus do we include artificial “seasons”, as in the holiday seasons, and wonder why misery and exacerbation of health conditions become magnified during such times.  One is “supposed” to be merry during this time; peace and joy are offered as salutations throughout, as if they are laws of the physical universe; and somehow, if one’s emotional content does not match with the requirements of the season, the sense of guilt pervades and overwhelms.  It is as if we throw a rock into the air, and expect that it will not fall back down to earth; we expect much, and too much, of ourselves and others.

Federal employees and U.S. Postal workers who suffer from a medical condition, often “feel” the weight of the seasons.  But for them, the change from one into the other is less a difference of degree, and more of substantive loss of rhythmic circularity in a physical world which continues on its rotational axis without caring for the individual.

Federal Disability Retirement is a benefit offered to all Federal and Postal employees who are under FERS, CSRS or CSRS Offset, and allows for the Federal and Postal employee to attain an optional exit from the very circumstances and environment which forces the season of dismay upon the Federal or Postal worker who is beset with a medical condition such that the medical condition prevents one from performing one or more of the essential elements of one’s job.  It is filed through the U.S. Office of Personnel Management.

While it may not release one from the rotational mandates of seasonal imposition, it does allow one to entertain a different future, and one which conveys a sense of hope for the season beyond, and a brighter Spring of one’s life.

Sincerely,

Robert R. McGill, Esquire