Tag Archives: long term injury compensation after ps form 50 usps termination

OPM Disability Retirement: Desperation in a time of crisis

There is the crisis, perhaps born of a lingering problem allowed to fester and froth until the boiling point allowing for a simmering of persistent steam to rise and spill over; and then, of our reaction, our departure point where sanity and coherence become overwhelmed and replaced with a sense of doom.

We have all been through a crisis; it is part and parcel of a life lived; and though we never ask for it, it comes when least expected, when we are most vulnerable, and when we believe that we can no longer withstand the tornado of unbounded fury.

There have been moments where the crisis naturally passes, and we simply must await its presence and ultimate disappearance.  Then, there have been ones where we have the strength to muster, to counter and fight, and to overcome — and those are the ones where preparation in youth in replenishing and fortifying one’s strength of character and resolve allowed for the abundance of that inner reserve to take over, almost as if a transcendent, supernatural force took control and led one to greater heights of one’s capacity to withstand and defeat.

Then, at other times, where human strength alone may not have been enough, and it was the support of others — friends, family members, and even the family dog, who allowed one to survive and to continue on.  But it is the last within the list of responsive capabilities — where the crisis comes, and one’s sense of desperation in a time of crisis becomes apparent, and that is when the danger-point comes to the fore.

Desperation in a time of crisis is when one’s strength has been sapped; when the vulnerabilities are revealed like an open sore inviting infection to spread; and when no amount of support from family or friends can appease the soul of the epiphany of sorrow that will not be comforted and where the heaving sobs of despair cannot be stopped.  It is those times when some glimmer of hope must be shone, for it is desperation in a time of crisis that brings a person to the edge of the proverbial cliff, where the jagged rocks of life below foam with an unwary eye of remorseless undercurrent in dousing the flame of life’s gift.

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, it is important not to allow for the growing medical crisis to become a moment of desperation in the time of crisis.

Consult with an attorney who is experienced in OPM Disability Retirement Law; allow for the door of hope to remain open, and do not allow desperation in a time of crisis to defeat that which may yet have a solution; it’s just that you may not know about the solution, but consulting with a Specialist in the field of FERS Disability Retirement Law may be the pathway out of a misperceived situation of desperation in a time of crisis.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

Federal Employee Disability Retirement: Simplicity revisited

We all yearn for it, though we defy the very thought of it by living in its corollary.  Simplicity is what we preach, that of which we dream and for which we strive; but, in the end, the clutter of life’s misgivings always seems to overwhelm, dominate and ultimately destroy.

Do people still run off in a crazed dash and join a monastery in order to escape the complications of life?  Are there such places, anymore — of a monastic order that welcomes strangers who have “lost it” and receive them as fellow “brothers” who will spend the rest of one’s days tilling a small garden, praying together, shunning material wealth and chanting deep into the night with echoes of lonely voices dripping like so many raindrops pitter-pattering upon clay shingles when once a career of complexity overwhelmed?

Or is simplicity merely a mirage, a dream never to be fulfilled, a yearning in the heart of man that remains forever a hole, a chasm never to be reached and a well of such depths as to never draw water?  Does the desk that reflects clutter represent a mind that is just as diseased?  Does accumulation of “stuff” make us happy, and when the king at the end of his life waves goodbye, is it the golden chalice that he hugs in the bedsheets of decay, or of a wife forlorn and forsaken because of mistresses left weeping?

Life is complicated, and simplicity, whether yearned for or revisited, is something that is sought in the hearts of all men and women.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the complications wrought from a medical condition cannot be denied.  The question is: How can simplicity, revisited, help?

Filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management is not an uncomplicated process; however, it is the end-goal that is sought, which will hopefully simplify the complications abounding, by allowing for a singular focus beyond work and financial insecurity: One’s health.

But that life itself were so unfettered, perhaps some of the stresses that incurably surround us might be lifted; but for the Federal employee or Postal worker who needs to at least untether the nexus between work and worry, preparing, formulating and filing an effective Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, is at least a first step towards simplicity, revisited.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The festering mistake

There are mistakes; then, there is the compounding one where we fail to identify X for what it is, and continue to make excuses by deflecting with Y, excusing with Z or replacing it with XX.  This is called the “festering mistake” – that mistake which, like a wound that could easily have been attended to, is allowed to become infected, then spread, then become so serious as to require further and drastic means to save a life.

Think about it: it may have begun with a minor cut; it is dismissed and ignored; and from there it can develop into a spreading infection, sepsis, incurable and incalculable damage.  That is what often results from ignoring a mistake; failing to recognize the mistake and attending to it; refusing to identify the mistake and attend to the symptoms; avoiding the direct confrontation and culpability of it with unintended consequences of greater reverberations beyond that which was originally the core of it.

We all make mistakes; it is the festering mistake that leaves us devastated – not only for the mistake itself and the growing complexity of trying to make up for lost time in failing to attend to the mistake itself, but further, for the failure of identification.  Just as the seat of wisdom is the recognition of one’s own ignorance, so the engine of success is the identification of mistakes early on.

For Federal employees and U.S. Postal workers who are attempting 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, the key to a successful outcome – no matter how long the process, and regardless of the difficulties to be faced – is to recognize the mistakes potentially there to be made, identify the pitfalls to be avoided, and realize that you cannot put “blinders” on OPM once they have seen that which was neither necessary nor any of their business to review or entertain, and to never allow a festering mistake to occur in the first place.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The script of life

Seeking out the pathways of precognition by consulting with the ancient oracles, was merely that same attempt.  Prediction and foreknowledge were the precursors of script writing; as the former failed to provide an advantageous statistical weighting, so the shift to a more pragmatic approach reflects the recognition that the gods provided no greater insight than mere chance, and so we’d better get on with life and attempt to control fate, destiny and the travesties of life’s lottery by writing the narrative ourselves.

Thus do economic systems of varying control mechanisms arise, where socialism and fascism, state-run artifices constructed to ensure prevention of extremes, thereby comforting us from the worst nightmares and fears born of childhood insecurities.

Virtual reality is safer than real reality; staring into a smartphone and chasing figments of imaginative characters and ghosts that exude cuteness in violent but funny ways, are all preferable to facing the harshness of daily living.  We may not know when we will capture the prize, but the script has been written so that it becomes settled law as to whether.  Reality shows may sometimes surprise, but the unexpected itself is easily anticipated; that is part of the deal, and there is not much art in it after all.

Shakespeare’s quote comes from his play, As You Like It, Act II, Scene VII:  “All the world’s a stage, and all the men and women merely players; they have their exits and entrances, and one man in his time plays many parts, his acts being seven ages.”

Such was the surrender to fate, now replaced by inane self-help books which purportedly boosts one’s self-confidence, makes one look like a Reality T.V. personality, and allegedly creates wealthy patrons of us all.  All throughout, we seek merely to obtain a copy of the script of life so that we can practice our parts, and not have to think about what must be done.  We seek predictability when the world offers chance; beg for mercy, when all there appears is savagery; and fall prey to the oracles of modernity, when even the ancients failed to deliver.

In the sphere of Federal and Postal employees, of course, it is the medical condition itself which was never asked to be included in that script of life.  It is one of those “curve-balls” which happens to the other guy, and never to us; or so we always played our part to live by.  But when it occurs, and life presents the unpredictable in a chaotic universe of harsh reality, we are asked to simply “deal with it”, and so we must.

For the Federal or Postal employee whose medical condition begins to impact and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Postal or Federal positional duties, the script which must be ad-libbed is the part where decisions concerning the future must be engaged.  Should I file for Federal Disability Retirement benefits?  When should the process be started?  Is it ever too late?  Is the Federal Disability Retirement application filed with my agency, or with the U.S. Office of Personnel Management?  Should I consult with an attorney?

These questions, and many more, even the ancient oracles would not have been able to answer.  The undeniable fact is, that the script of life rarely is written to reflect the reality of life’s harshness; it simply “is”, and must be acted upon according to what is given, even when consulting with the high priest or priestess of the ancient oracles provides only silence and an impervious unresponsiveness.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Relative Importance of Minutiae

Triviality is in the eye of the beholder; though, there are some aspects of certain information which almost all can agree upon to be insignificant; but in this universe of informational overload, it is often the small, precise and extended bits which make up for the connecting bridges of relevance.

For the culinary sophisticate, the fact that an octopus has four pairs of arms makes for a greater feast, and if one were to pause and consider that the loss of an arm in its flight from a fisherman’s net might be insignificant from a human standpoint, the capacity to survive in the treachery of the undersea world may depend upon that lost tentacle.

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 overarching focus is usually upon the grand scheme of things — of the relative importance of the key elements which make up for an effective Federal Disability Retirement application.

In the rush to quickly put together a Federal Disability Retirement application, it is easy to fill out and answer the Standard Forms, especially SF 3112A, the Applicant’s Statement of Disability, attach a compendium of medical reports and records, and hope for the best.  But it is often just as much the attention to detail — the minutiae of the little things, the world of microcosmic bits and floating information in the body of office notes and progress reports, like insignificant algae which forms as a film upon the pond’s surface, which results in the basis of a denial by a scrutinizing OPM Specialist.

Like the tentacle found in the fisherman’s net, it is only the keen eye which can tell which of the four pairs of arms it came from, except of course for the octopus, who well knows from the sensation of pain from which it derives.

Sincerely,

Robert R. McGill, Esquire