Lawyer Representation for OPM Disability Claims: Foregone conclusions

There are many; some, within the universe of a greater subset, are perennial by nature, and can never be altered but for some miracle yet to be considered (like the fact that the Baltimore Orioles will have ended its season sometime by early June of each year); others, of a more generic knowledge, assumed and forever predictable, ever to be presumed as a law of nature (as in, somewhere in the world a war will be started within the next year, or that a child will be born, or even that a medical condition will impact someone, somewhere).

Foregone conclusions are tidbits of knowledge gained from experience of life; and where the cynic will declare that they establish the circularity of repetitive reality that cannot be avoided or ignored, the idealist will counter that miracles and exceptions may yet prove otherwise such that what was presumed to be a conclusion is never foregone but merely imagined.

For Federal employees and U.S. Postal workers who harbor thoughts of foregone conclusions based upon the deteriorating health of one’s present circumstances — that you will be “fired”; that the PIP imposed will inevitably lead to termination; that filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset will be defeated by one’s own Agency or the U.S. Postal Service — remember that it is up to the sole determination of the U.S. Office of Personnel Management, and not one’s Agency or the Postmaster of one’s Postal Facility.

All Federal and Postal Disability Retirement applications are submitted to OPM, and one’s own Federal Agency or the Postal Service can only have limited influence upon the viability and persuasive effect of a Federal Disability Retirement application.  Where there is a will to fight and an objective basis in which to file a Federal Disability Retirement application, it is never a foregone conclusion that there is not a chance for a successful outcome.

Now, as for those Orioles’ fans who think that there is hope for next year…well, you must truly be an idealist to avoid the foregone conclusion that, yes, the sun will rise again tomorrow, and set yet again later, but a season’s end that began in early May is not a great indicator of next year’s beginning.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: The unknown

What is it about “the unknown” that terrifies us?  Is it merely from the stories of childhood that kept us up late into the night with limbs and face under the heavy blankets, hoping that those goblins wouldn’t suddenly pounce upon the flesh that remained uncovered, with sweat and suffocation preferable to the gnawing of a hungry predator?

Or from insecurities that remained despite the best efforts from parents who were clueless but wanted a dissimilar approach from their own childhoods; yet, despite those efforts to “never be like my mom and dad”, such exertions were merely untested applications from tentative and unlearned methodologies, leaving the insecurities manifesting through thoughtless hesitations because no one knows what they are doing?

The unknown is always, by definition, an uncertainty, and thus a conundrum that instills fear, prefatory pause and trembling of confidence.

When a medical condition enters into the picture as a factor to contend with, the unknown becomes a depth of fear and loathing, precisely because there can never be concretized stability within a wrapping of the unknown.  Suddenly, with the medical condition present, the unknown becomes an uncertainty; the uncertainty compels anxiety and an angst that cannot be controlled.

People enjoy watching horror shows and movies depicting the supernatural; of monsters and goblins that suddenly pop up from nowhere and frighten; because, once removed as a spectator who can fear and yet know simultaneously that you are merely an observer of the horror and mayhem, the fear of the unknown is recognized in the third person, and therefore separable enough from the reality of the virtual.

When one suffers from a medical condition, however, the observer and the sufferer become one and the same, inseparable, unable to merely act as a dispassionate spectator.

For Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the unknown is the uncertainty of a future undetermined.

Thus, what needs to be focused upon is what is known, and let the unknown unravel — by preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, so that the Federal or Postal worker suffering from a medical condition can focus upon the known quantities of life: One’s health, one’s happiness, and the present circumstances that cannot continue perpetually into the future.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Human & humane activity

Does the dropping of the single vowel make a difference?  Should it?  Or, should the very status of being “human” encompass and naturally include being “humane”, as well?  Should they not be synonyms, or even indistinguishable as an amalgamation of vowels and consonants, as opposed to two distinct words, even if one is considered as a mere extension of the other?

For, it is precisely the unique characteristic and capacity of the former to exhibit the latter, and it is the latter which defines the essence of the former; and so, in many respects, they are identical terms, even if the latter contains a total of 6 letters, comprised of 3 consonants and 3 vowels, whereas the former has one less, with 1 more consonant than a vowel, making it into an uneven number of letters as opposed to a balanced equality of 3 to three, and making it into a ratio of 3:2.

Yet, doesn’t the essence of X require the need for an antonym to exist in order for a contrast to magnify the truth of it?  Thus do opposites enhance each other – does “Being” make any sense without “Nothingness?”  Would “happiness” have an existential sense without “sadness”?  In that logical entrapment, doesn’t the essence of being “human” require, by logical necessity and extension, the capacity to act its opposite – of cruelty, inhumanity, genocidal tendencies and masochistic egoism of the highest order?

That is the unfortunate reflection of reality from the refraction of a word; being “human” does not necessarily compute to being “humane”, although its opposite is apparently not true – if one is “humane”, one necessarily posits that the active agent of such empathy, caring and sensitive treatment is that of a “human”, and not some other species of animal that can exhibit such a trait.  But is this true in all cases?  Do we not witness “humane” treatment by others – by dogs, cats and pigs, perhaps?  Or do we attribute other characteristics to explain away such behavior – such as “loyalty”, “habit” or “trained behaviors”?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, “humane” treatment by other “humans” is often sorely lacking.  What is it about having a medical condition that somehow brings out the worst in others?  Is it a fear that such a condition reflects a future reality that others see and want to avoid, and therefore begin to treat the person who possesses it like a plague of some short?

Agencies are supposed to treat workers with identified medical conditions in a “humane” way and, if they do not, there are laws concerning the requirement to “accommodate” in place; and, if there are no accommodations, then preparing an OPM Disability Retirement application is the next “humane” law that is there for the human being beset with a medical condition.

That is the peculiarity of laws, of course – they are passed by humans with the knowledge that they do not always engage in humane treatment, and that is why laws governing Federal Disability Retirement are there to be applied – for the human who requires being forced to engage in humane treatment of others, precisely because humans have shown a consistency tendency in history to act inhumanely.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: The helpful other perspective

Before going “whole-hog” with anything in life, the greater wisdom often confirms that we should try and obtain a differing perspective on the matter, if only to affirm the correctness of our own, or to consider the fissures and weaknesses we are blind to.  Wise people seek wisdom; fools travel down roads not merely untested, but even unprepared.  Such a tautology is a mere self-evident fact of life, but we nevertheless follow blindly where the blind leads.

If an individual discounts the criticisms of everyone else, then the wisdom one holds is merely the price of one’s own mistakes, and so long as others are not required to pay for them, the pathway to disaster can be easily paved without involving the toil and anguish of others.

One may query:  assuming it is wise to seek the input of another, how does one nevertheless know that such a differing viewpoint is “helpful” at all?  What if that other perspective is even worse of a disaster than my own?  Such a question, of course, is likely asked in a vacuum; for, there are varying indicators that one may discern in seeking advice from others –  reputation; demeanor; knowledge previously revealed; capacity to listen; established specialty in a particular field, etc.

For Federal employees and U.S. Postal workers who are considering 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 –  the need to seek the helpful “other” perspective is often a necessary prerequisite.

Why?

Because, when a medical condition is impacting one’s health – whether singularly physical, or mental or a combination of both – the debilitated state that one experiences often provides a skewered perspective, and that is why garnering and employing the advice of an attorney who is experienced in Federal Disability Retirement Law is often a necessary component of the process.

Yes, there may well be those rare “slam-dunk” cases, whether gathering and submitting the medical records alone will obtain an approval from the U.S. Office of Personnel Management.  But, then, everyone who files a Federal Disability Retirement application believes his or her submission to be just that –  undeniable, unequivocally established, and unassailably confirmed.

Why is that?

Because the person who experiences the medical condition is the same person who is preparing the Federal Disability Retirement application – and he or she who feels the pain, presupposes that everyone else must also be able to comprehend such a state of decline.  Unfortunately, this is not the case – at least, not from the perspective of the U.S. Office of Personnel Management, which is also another one of those “other” perspectives that must be contended with.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Gov. Employment: That sigh of regret

It is released without consciousness of foresight, or random expectation of hope to come.  Often, merely an involuntary deviation from a carefully-guarded appearance, that sigh of regret escapes with a haunting echo of mirthless exhaustion.

Is there a time when past regrets catch up to present dismay, obfuscated by the loss of any future hope to reinvigorate?  What is regret but a deed left undone, a trepidation leading to inaction when flight of carefree abandonment embraced us for a moment, where craziness of freedom from the fetters of caution allowed one to pause and jump without fear of tomorrow?  And the sigh that follows, but a mere refrain denoting the commonality of experiences, withheld, where caution pulled us back because of pragmatic considerations we once beheld to be more important than the liberty of our means.

Rare are those lives whose self-assurance in the meandering days of feckless travels reveals not a morsel of remorse, but a fullness of memories neither unrestored by neglect nor needing any touch-up or photo-shopping imputation.  Some have warranted that to regret is to die a slow death, while others accept it as merely the general populace’s lot in life.

The sigh of regret is emitted during that lapse of unguarded exposure when vulnerability is allowed to reveal, where openness – whether because of insanity, inebriation or a raw moment of “being real” – stands in line behind the impenetrable fortress of layers carefully shielded in order to construct that wall of mystery.  But the other side of regret – like the turn of midnight as the clock strikes its 12th toll – is the knowledge that something else could have been, that better tomorrows might have been, and the “what ifs” of life keep coming back to haunt, each whisper followed by a louder intonation of incessant reminders.

For Federal employees and U.S. Postal workers who having that sensation – of a pause, a consideration or even an inkling – that it is time to begin preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, there are “better times” than others where timing in filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management should be weighed and balanced within the greater context of all other considerations.

What one does not want to happen, is to allow for a later event to emit that sigh of regret, which is what so many people, in so many circumstances, end up doing.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee has already let loose a sigh of regret, is the best pathway forward to ensure that – whatever accumulations of life’s regrets one may already hold within the bosom of one’s soul – future actions will fail to predict the sorrowful din of tomorrow’s hope for a better future, where that sigh of regret may be muffled because an act today was taken in light of yesterday’s remorse.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: Perspective

It is a different species from either judgment or understanding; for, of the former, it is often the basis and foundation to make one; as to the latter, it is the result from the procedural content in order to attain it.  Perspective is an admixture of multiple components:  experience adds to a balance of it; proper facts relate to the accuracy for it; consideration of judgments others proffer enriches it; and the capacity to connect all of the information gathered and provide previously unimagined ties within a historicity of intersection, relevance and significance of balance empowers it.

To possess it is to fail to react merely to a given situation while others around disintegrate in self-pity.  To apply it, is to become uplifted as a paradigm for others to follow, and to integrate the fusion between past, present and projection into future courses of action.  For, in the end, to have a proper “perspective” is nothing more than to realize the “now” in light of past experience and apply it to future predictability.  But what if the human constitution does not always allow for identical natures inherent to all?  Why do some lack it, while others are deemed to be forever secure in wisdom and reliance?  Solomon is reputed to have possessed it; the women who approached him, lacked it; and the audience surrounding had no clue of it.

In law, generally, it is the tactician who can strategize by means of understanding the applicability of precedents relevant to a given case, and if it goes before a Hearing or a Trial, to incite the emotional empathy of jurors and the sense of justice uncommonly deviated from the Judge’s aplomb of impervious fortitude that wins the day.  In Federal Disability Retirement law, perspective is often needed in order to make the right kind of judgments throughout the administrative process of 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.

Having the “wrong” perspective – first, about filing at all, and second, about the administrative process and procedural hurdles itself – can result with inaction leading to detrimental consequences.  Possessing and applying the “right” perspective encompasses a wide range of issues:  whether to file; when to file; how to file; what evidentiary annotations of facts, argumentation and laws should be included in order to implement the most effective pathway to an approval of the Federal Disability Retirement application.

Perspective:  it is something that legal counsel and experience of advice can provide within a framework of a time in one’s life when it is sorely lacking.

Sincerely,

Robert R. McGill, Esquire