FERS Disability Retirement Law: The Law-Shield

The Law can be used as either or both: Whether as a “sword” (in prosecuting a case, whether in criminal court or of initiating a lawsuit for money damages) or as a “shield” (as in the Constitutional protection against self-incrimination, or otherwise keeping certain tainted evidence away from the judgment of a jury); or, as often is the case, the use as both shield and sword during the life of a case — it is meant to be both, depending upon the context of a case.

As a Law-Shield in a Federal Disability Retirement case, the benefit of eligibility should be reliably based upon certain “givens” — i.e, given that a person has accrued a minimum of 18 months of Federal Service; given that the medical documentation establishes that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s positional duties; given that the Social Security Disability Insurance (SSDI) has already been approved, etc. — in other words, once certain eligibility criteria have already been established, the Law-as-Shield should already protect the Federal Disability Retirement applicant from a denial by the U.S. Office of Personnel Management.

In reality, of course, the Law-Shield doesn’t work so easily, or automatically, and that is when the Law-as-Shield must be affirmatively applied as a Law-as-Sword, and pointed out aggressively by a Federal Attorney who is experienced in Federal Disability Retirement Law.

Contact a FERS Lawyer who is experienced in Federal Disability Retirement Law and begin the process of using the Law — whether as a Shield or as a Sword — to assert your right as a Federal employee and your entitlement to FERS Disability Retirement benefits.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Medical Disability Retirement: The Crumbling Society

There is often a correlation between one’s personal perspective and how one views the greater society at large — of a personal crisis paralleling a view that the objective world is crumbling or, conversely, of a contented individual seeing the world with a less pessimistic outlook.

Is the world crumbling?  The news abounds with a constant stream of problems and disasters; of “breaking news” 24/7; of buildings suddenly collapsing, weather patterns of constant extremes, of corruption and indictments, and the political process in a perpetual turmoil of bickering and childish displays of retribution.

Medical conditions can influence the perspective of an individual, and such a perspective is often one of a hopeless and dire future.  For a more balanced perspective, it is often necessary to contact an attorney who can give you the straight facts about your legal rights and inform you about the process involved in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

If you are a Federal or Postal employee who suffers from a medical condition and can no longer perform all of the essential elements of your job, contact a disability attorney who specializes in Federal Disability Retirement Law and seek the proper advice on what to do for engagement in the process of a FERS disability retirement, as well as an added perspective on the crumbling society around us.

Sincerely,

Robert R. McGill, Lawyer

 

Early Medical Retirement from Federal Government Employment: Rational Discourse

In the world of academia, whether as a student or a professor, the ivory-tower atmosphere tends to de-couple and de-link reality from perception.  There is, to begin with, “the world” and its events, causations, occurrences and peoples intertwined by engaging in the politics and activities of daily living; and then, there is our “perception” of such events, which — in their aggregate — is comprised of and by our backgrounds, our beliefs, our interpretive faculties and the paradigms from which we operate.

In college, the world within which one operates is a limited, protected, self-contained universe in which ideas, books, deadlines for term papers and testing for knowledge retained are all experienced through the tunnel vision and narrow prism of a fantasy-world created for rational discourse.  The fact is that the universe is comprised of much irrationality and phenomena otherwise unknown or not capable of explanation.

In a Kantian manner (uh-oh, here we go with the rational discourse prism), we bring to the world the belief that everything must have an explanation, all events must be able to be explained by a rational discourse — but reality hits us hard in the face, or upon the backside, whichever metaphor you prefer.  Perhaps that is what is meant by “growing up”.  For the cynic, the universe has become a jumble of irrationality; for the proverbial optimist, everything yet to be explained can simply be set aside for future revelation.  Somewhere in the middle is where most of us belong.

For Federal employees and U.S. Postal workers who suffer form a medical condition, and where that medical condition betrays the fond memories of our youth when health was taken for granted and mortality was never even considered, filing for Federal Disability Retirement benefits may seem like an ugly choice.  In a world where rational discourse should prevail, the irrationality of a chronic medical condition seems to be an unfair event that requires explanation — or, at least a good defense.  We can question and puzzle; we can fret and worry; but in the end, the stark choices are there before us.  Whether, ultimately, there is a rational discourse that can adequately explain the medical conditions by which a person suffers — or not — is often besides the point.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement benefits under FERS and begin the process of obtaining a Federal Disability Retirement annuity, and let the questions concerning rational discourse remain a mystery to be solved in some unknown days ahead.  Life is difficult enough to maneuver without worrying about one’s future, and getting a Federal Disability Retirement annuity at least softens the blow in a universe that often seems impervious to the private hells of individual troubles.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: That promising future

One doesn’t have to have been that “golden boy” to have an inkling of a promising future; there just needed to be some hope, and a taste of success.  Perhaps you came from a background where expectations were low; where higher education was a mere afterthought and nothing beyond an exclamation of gibberish and fantasy.

Was success defined by negation?  That if you didn’t do X, avoided Y and prevented Z, you were considered an anomaly and deemed as one of those who “made it”?

Yet, you exceeded; perhaps night school; whatever the cost, of however the pathway, that promising future that was never guaranteed, rarely spoken of and deliberately left silent but in the fertile imagination of a seeming dream; and the expectation of negation was met and exceeded, precisely because the goal post was never set within sight of grasping, but a mere filament that failed to light any hope of a promising future.

Yet, reality has a tendency to quash the daydreams of even butterflies, and a medical condition can alter forever the course of time and tenacity.

For Federal employees and U.S. Postal workers who once thought that a career under FERS meant a promising future for the duration of one’s life, and who never expected to be saddled with a medical condition that created a circumstance of negation, consider filing for FERS Disability Retirement.  Medical conditions tend to become that negation of hope, when in fact it may merely be an alteration of course.  Perhaps that promising future was too narrow a vision.  Maybe a change of mindset is all that is required.

Federal Disability Retirement is merely a recognition that there is an incompatibility between the medical condition suffered and the type of job one is in.  It does not mean that you cannot work; in fact, you are allowed to make up to 80% of what your former Federal position (“former” because, upon winning an approval of a FERS Disability Retirement claim from OPM, you are then separated from Federal Service) currently pays, and still continue to receive the Federal Disability Retirement annuity.

Just remember that the “promising career” was never defined by naysayers or those who lacked belief; it was always defined by your own drive, and for Federal and Postal employees whose once-promising career became curtailed by a medical condition, the “promising” part of conjunction can still be in the future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Stifling rationalism

Although it may no longer show in modernity, it was the dominant methodology accepted as reflecting the Aristotelian belief that man is essentially a rational animal, and thus the general approach towards reaching conclusions should embrace the perspective that the criterion of truth is based upon not sensory, but intellectual and deductive foundations.

But if the thought process fails to utilize the formal laws governing deductive reasoning, and nobody reads Russell or Quine, anyway, what is the difference?  Is it merely an appendage to the conclusion reached, by declaring, “That’s the only logical way to think about this!” – and if we add the exclamation point, state it with a clear and loud voice, does that make it so? What is the distinction to be made, from a valuation or validation viewpoint, between decisions and judgments rendered based upon empirical evidence, deductive or logical reasoning, a combination of both or all three, and the contrast as against an “emotional” basis for reaching conclusions?

If an individual engages in complex futures trading on the stock market, for example, and bases such transactional activities upon unscientific methodologies, is it not the success of the venture (i.e., a retrospective judgment on the matter) that will ultimately determine the success or failure of each approach?

Take the hypothetical of the following: Securities and futures trading can now be done with a laptop from home, and we have Jim, Nancy and Deborah, each of whom thinks that he or she constitutes the brilliance of Wall Street’s best and brightest (though none have had any prior experience but are engaged in vocations far and distant from anything to do with it).

Jim looks at the relevant newspaper quotations and likes the way the numbers coalesce, and makes the trade based upon that comforting sensory impression.  Nancy, in a different state and unbeknownst to Jim, has been pouring over the numbers, calculating, looking at the history of past performances, and creates an algorithm founded upon a calculus of probabilities, and pushes that computer button to deplete one’s bank account based upon mathematical precision that approaches some semblance of certainty, but never quite.  And Deborah, well, she possesses on this day a certain “instinctive” feeling about a particular futures trade, and proceeds entirely upon this emotional response.  Of the three, whom do we consider as validated, worthy of following or respecting of methodologies?

If Deborah were to increase her portfolio by, say, 500%, and Jim merely breaks even but Nancy loses her proverbial shirt, would we dismiss it by thinking, “Ah, just pure luck”?  On the other hand, if Jim were to make a nominal profit, Nancy were to obtain significant returns, and it was Deborah who lost everything, would it change our attitudes and confirm the notion that rationalism prevailed because it is the only valid approach to life’s complexities?

The acceptance of rationalism is inevitable for the rational animal; elevating it to a status where all other approaches are stifled, however, can ignore the spectrum of other dimensions just as valid in human life.

For the Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, it may be that “rationality” cautions one to remain in the Federal or Postal job because of job security and financial stability.

But there are other considerations, as well, such as an instinctive will to survive; and when stifling rationalism quiets the voice of health’s call to safety, it may well be time to consider 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.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement under FERS & CSRS: Childhood wishes

We had them; some of us still remember and harbor them like sacrosanct relics of priceless value; and still others know of them and recollect some general idea long forgotten, once delighted in, but now rotting in the vestiges of abandoned buildings hollow but for the frame that haunts in the midnight moon.

Wishes remain throughout one’s life, whether in the stage of adulthood or old age; but it is the childhood wishes one remembers that reveal the empty soul of what one has become, may still be, but struggles to abandon with a hope for tomorrow.  Some of them may be set aside as silly thoughts of an immature time; others, a revelatory insight into who we were, what made us become what we are today, and a telling hint of our present-day bitterness of embattled constitution.

Perhaps it was a love thwarted; a Dickensian tale of another Scrooge who foolishly wanted to pursue one pathway at the cost of another; or, maybe the childhood wishes were merely promises of correcting the sorrow of yesteryears, where neglectful parents and inattentive love left one yearning to promise corrective action when one became a parent yourself, but somehow such commitments were waylaid by daily life – of money troubles, relationship squabbles and expectation bubbles bursting by fits and starts.

It used to be that, before the age of Facebook and obsessive hounding for revelatory information about past friends and acquaintances, people would try to “better themselves” when they went away in order to come back and “show them” how successful one had become upon the glorious return and reentry at gatherings such as high school and college reunions – much like the Tom Sawyer effect of coming back from the dead – but not anymore, as everyone already knows everything to know about everyone else before such a re-gathering is effectuated.

At some point in one’s life, the comparison between childhood wishes and the reality of a daunting world magnifies the contrast that leads to an inevitable conclusion: the naïve innocence of those former times either worked as a detriment, in which case cynicism prevailed; or, those childhood dreams allowed for an expansive, healthy and positive outlook such that they provided a foundation for growth and potential for happiness.

For Federal employees and U.S. Postal workers who are struggling with 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 job, perhaps contemplating 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, is the next step beyond for one’s future and security, and thought to be the “end” of something.

The difference between the two approaches may be nominal, or momentous, depending upon how one looks at it.  Is it like the proverbial attitude of the “cup half full” or “half empty”?  Or, is it because childhood wishes were never resolved, and that lonely and unhappy child one remembers never quite grew up, and the debilitating medical conditions now recall the dreams never realized, the hopes barely reached, and the potentiality not quite cultivated to fruition?

Look at it this way: Medical conditions are a part of life and daily struggle; filing for Federal Disability Retirement benefits should not be viewed as either the end-all or the be-all, but a necessary next step with a view towards advancing beyond the childhood wishes one still awaits to fulfill.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Knowing where to stop

In life, it is often just as important in knowing where one is going, as it is to recognizing where to stop.  We all know the individual with “a mission” – always self-confident, never tentative, and rarely pausing to catch one’s breath except to regain one’s composure before blindly forging ahead with uninterrupted fortitude and resolve.  Military men and women are like that; born leaders and megalomaniacs follow suit; and only the timid bear the brunt of being pushed aside and trampled upon.  Overreaching is a problem in a society that knows only excess and limitless pleasure.  In the midst of being human, we forget our own humanity.

In the history of Philosophy, Rationalism has been usurped by Idealism; the latter, superseded by the reality of human depravity, and science the victor in the tension between theology and pragmatism.  In the end, Darwinian declarations of equality among the species have come to prevail, and in the post-Existential era of seeking merely pleasure above purpose, and the more modern parlance of embracing the “Happiness Principle” – where one’s minute-by-second assessment of one’s emotional quotient has trumped obligation, duty, convention and rational essence of an Aristotelian definition of Man – we now have no boundaries, no social conventions of constraints, and so long as we can avoid violating the basic laws that govern our society, we can do what we want.

In such a state, society and civilization, how can we know where to stop?  If everything is okay to do, how do we determine that which may harm ourselves, or otherwise breach the boundaries of decency and what it means to be human?  If all species are of equal value, then what worth is there in having humanity?  How do we know where to stop?  This applies, as well, for Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Often not knowing all the current laws that govern Federal Disability Retirement Law, the initiating applicant will proceed forth and barrel ahead like Military men and women and born leaders, without first consulting a lawyer who is knowledgeable about OPM Disability Retirement Law.  For, never underestimate the underlying principles behind questions posed on a Federal Disability Retirement application – especially as it relates to one’s medical condition and the impact upon one’s ability and capacity to perform the essential elements of one’s official position.

SF 3112A can be a landmine of sorts, and while it is well and good to proceed in a forthright and affirmative manner, it is equally as important in knowing where to stop, as it is in realizing the direction the Federal or Postal employee must go in order to file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Initial Stage

There are multiple stages in a Federal Disability Retirement process.  The term “process” is used here, because it is too often the case that Federal employees and U.S. Postal workers who engage this administrative procedure, fail to realize that there are multiple potential stages to the entire endeavor.  That is a mistake that can come back to haunt.  One should prepare the initial stage “as if” – as if the Second, Reconsideration Stage of the process may need to be anticipated, and further, invoking the rights accorded through an appeal with the U.S. Merit Systems Protection Board.

Why?

Because that is how the Administrative Specialists at the U.S. Office of Personnel Management review each stage – and especially the initial stage of the process – by reviewing the weight of the evidence, conformity to the existing laws concerning Federal Disability Retirement, and considering whether or not an initial denial will involve much resistance at the Reconsideration and subsequent stages of the Administrative Process.

Every Federal Disability Retirement application put together by the Federal employee or U.S. Postal worker  and submitted through one’s own Human Resource Department of one’s Federal Agency or the H.R. Shared Services facility in Greensboro, North Carolina (where all Postal Federal Disability Retirement applications are submitted and processed), whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is considered “valid” and a “slam dunk” – precisely because the person preparing the Federal Disability Retirement application is the same person who daily experiences the medical condition itself.

How can OPM deny my claim?  I cannot do essential elements X, Y and Z, and the doctors who treat me clearly see that I am in constant pain, or that I am unable to do certain things, etc.

But the Federal or Postal employee preparing an effective Federal Disability Retirement application must understand that there is a difference between “having a medical condition” and proving to a separate agency – the U.S. Office of Personnel Management (an entity who will never know you, meet with you or otherwise recognize your existence except in relation to a case number assigned to every Federal Disability Retirement application submitted to Boyers, Pennsylvania) – that such a medical condition no longer allows you to perform all of the essential elements of your official position.

Preparing one’s case for the Initial Stage of the process is important in establishing the foundation for the entire process itself.  It is not merely a matter of “filling out forms”; it is a matter of proving, by a preponderance of the evidence, that one’s medical condition has a clear and unequivocal nexus to the capacity and ability to perform the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Counting coup

It is not always in the outward and very-public display of emotions, in which a battle is fought and won; often, it is the restraining of a capacity and potential to reflexively counter, but held back just at the point of harm, that determines the pinnacle of gaining prestige.

Acts of bravery for a Plains Indian did not necessarily require harm inflicted upon an enemy; counting coup and the subsequent rise in respect and prestige could involve the mere touching of an enemy, while escaping unharmed despite that close encounter with the savage face of danger.  It is not always in the completion of an intended act that the standard by which the success or failure of the act is judged; rather, just at the point of fulfillment, the holding back or the deliberate withdrawal can be the penultimate evidence that one could have, but by sheer will of grace of self-control, did not.

In Western Civilization, perhaps the parallelism can only be embraced with an analogy of sorts; of the subtle remark with a duality of meanings, placed just at the right time in response to an otherwise untamable tongue wagging about with destructive force by its aggressive tone, ugly words and offensive remarks.  Or, of the realization that one is now a prisoner in an “enemy” camp, and the escape out is to stealthily retreat in the quiet of a proverbial night, without harming the members who may once have been counted as friends and colleagues.

This is often the situation the Federal employee or U.S. Postal worker finds him/herself in, when a medical condition arises and 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.  Suddenly, the Federal or Postal employee is treated as an “enemy”, and the initial reaction is to counterattack, as the initial onslaught by one’s coworkers, supervisors, managers, etc., was neither deservedly received no invited by any act or statement by the innocent Federal or Postal worker.

But is the battle – the actually harm inflicted and the legal imbroglio ensuing – worth the hassle?  Or, is it better to prepare, formulate and file an effective Federal Disability Retirement application, submitted (ultimately) to the U.S. Office of Personnel Management, and like the warriors of past in the battles fought in the far-off Plains of the American West, before the white settlers came to decimate and exterminate with the modern technology of weaponry unheard of in its efficiency as a killing machine – is it preferable by counting coup and withdrawing unharmed, in order to secure a future brighter for tomorrow, and less left with the residue of bloodstained wounds harboring lasting pain in the essence of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The mortality reminder

When does mortality become a concern?  Certainly, not during the youthful vigor when the future holds bright concurrent with the cellular construct yet expanding and multiplying.  Is it with the first encounter that reveals vulnerability?  And what is defined as a “healthy” sense of it, as opposed to an obsessive conduit to a dementia of nihilism?  Does a “close shave” necessarily haunt everyone, or does it matter as to the sensitivity of a soul that such karma encounters?  What “reminds” one of a future terminal, as opposed to becoming an all-consuming journey to avoid the ultimate consequence?

Whether for future promises of glorious defiance of it (Christianity and similar belief systems) or of denial of the substantive reality we face by it (Hinduism, Buddhism and similar negation-bases faiths), the treatment of how it is approached, the methodology of embracing or rejecting, and the paradigms constructed in order to answer the underlying metaphysical queries, are “projects” which Heidegger has identified as those very endeavors to avoid the inevitable.

For Federal and Postal employees who suffer from chronic, debilitating, or otherwise delimiting medical conditions, such that the medical conditions prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the brush with the question of mortality becomes a reality precisely because vulnerability from the secure world one has previously taken for granted, becomes threatened with each day passing in the empirical experience of contending with the medical condition itself.

Medical conditions remind us of our mortality.  Certain and specific conditions tend to exponentially magnify it tenfold:  Post Traumatic Stress Disorder (in nightmares, intrusive memories and recalling of traumatic events); Major Depression/Depressive Disorder (by the loss of stamina and the overwhelming sense of despair); Generalized Anxiety Disorder, which may include suicidal ideations and panic attacks (via the heightened sense of intolerance to work-place stresses); and those physical conditions which result in chronic and intractable pain, from multi-level degenerative disc disease, cervicalgia, myofascial pain syndrome; Rheumatoid Arthritis, Fibromyalgia, Chronic Fatigue Syndrome, as well as the ongoing list which every attempt to become “all-inclusive” always fails to mention, precisely because there is never a single right answer to the mortality reminder.

The key is often missed because the focus is misdirected – it is not so much the medical condition itself, but the impact of that medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties:  that is the essence and foundation of a successful Federal Disability Retirement application.  But more importantly, it is that “nexus” which is the key to the mortality reminder, and that which prompts the Federal or Postal employee into a spur to action:  Prepare the Federal Disability Retirement application well; formulate the foundation for Federal Disability Retirement carefully; file the Federal Disability Retirement application in a timely manner.

Sincerely,

Robert R. McGill, Esquire