Disability Retirement for Federal Employees: The Cadence of Life

We all “have” one, or at least sense it; and when we do not, it means that the tune to which we march is so coordinated that we don’t even realize that there is one; for, it is only when the song is “out of tune” or the marching footsteps are out of sync that it becomes apparent that the cadence of life is left askew.

There are days when the cadence of life is so perfectly attuned that we need not pause to consider it; then, there are other days when everything is out of tune — when the feet trip over one another, the dexterity of hands become all thumbs and nothing seems to work and the cadence of life has been disrupted.  Most days are somewhere in between upon the spectrum of daily living — of being in tune most of the time but with disruptions and pauses; “pregnant pauses”, at that, which make for embarrassment and disjointed agonies of trepidation and concern.

We say things like, “I feel out-of-sorts” or perhaps a slight cold or “bug” has infected us; but whatever the cause, we know that we must get back into the step of things and march along with the rest of the crowd, lest the band leave us and the quietude of isolation engulfs us with a fear of loneliness.

Medical conditions — whether of illness or injury — can likewise disrupt the cadence of life, and 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, filing for FERS Disability Retirement benefits — to be ultimately submitted to the U.S. Office of Personnel Management — is one step towards regaining that step to bring yourself in cadence with the cadence of life once lost, and now to be found.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Universal Specialization

The world didn’t just become bifurcated over-night; it then shattered into a thousand universal parts, and each required a specialization where subsections of the primary subject became sliced into lesser wholes, the parts of smaller parts, until no one now knows how to do anything without the specialized aid of the specialist in the department of specialization.

The fractured world has become one of micro-competence, where once the jack-of-all-trades individual was needed in order to run a farm, feed a family, be a doctor to the animals, as well as work as a carpenter, plumber (oh, we forgot — outhouses were used back then, with nary a trace of indoor plumbing, so strike that), and the all-around “MacGyver” guy from the 1980s series where ordinary items were easily transformed into extraordinary problem-solving implements.

Overspecialization of a society leads to alienation; taken to the extreme, it makes into each of us incompetents to even turn on the faucet.  Marx would have been aghast — for, no longer is the assembly-line factory worker alienated from the work he or she works upon by not feeling the accomplishment of the “finished” product, but moreover, doesn’t even know the purpose beyond the 4 screws that are drilled into the monstrosity because of overspecialization.

Is the world a better place because we comprehend less of the pie that constitutes the whole, and is our knowledge of it any greater merely because dissemination of information is available via the Internet?  The two are somehow connected, are they not?

Somehow, there must be some mathematical formula involved, something akin to: The Greater the X, the Lesser the Y, when factors 1, 2 & 3 interface with exponential diminution of T minus Z. Complexity, in the end, often induces greater specialization, and unfortunately that is true in the field of Federal Disability Retirement Law.  “Local Lawyers” are rarely knowledgeable enough to represent Federal or Postal employees in an OPM Disability Retirement application.

The various Stages in the process of Federal Disability Retirement Law require precise and targeted responses; and for the Federal or Postal employee preparing to “put together” a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management under FERS, it is not the right time to be the “MacGyver” type of guy; it is best to consult with a Specialist in Federal Medical Retirement Law, and prepare well for the fractured road ahead where universal specialization is a necessity in a world where horse and buggy are no longer existent except on faraway farms in Pennsylvania or other scattered places where the Amish retain the “old ways”.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Keep Confidence

There can be a duality of meaning, or perhaps even a tripartite of understanding; for, to “keep confidence” can mean the protective blanket of not sharing information with others and maintaining a “confidentiality” of data; or, it can mean that one maintains a level of confidence — a surety of belief in a successful endeavor.  Or, perhaps even a third meaning which involves both: Maintaining confidentiality while secure in the belief of the endeavor involved, which is to work towards the goals agreed upon and progressing towards that goal, all the while maintaining the confidentiality that is explicitly and implicitly retained.

That is, in a nutshell, what an attorney-client relationship should be and continue to remain.  Thus, from the moment of an initial telephone consultation, the confidence that is kept should be twofold: Security of privacy so that the discussion can be forthright and without reservation; and, if the case is to go forward, the confidence in its eventual success.  Both components are essential for the successful outcome of an endeavor that may, at least initially, have some characteristics of trepidation and uncertainty.

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 the Federal or Postal job, the issue of confidentiality is exponentially magnified because of multiple elements that work against the Federal or Postal employee: An agency’s Human Resource Department that is known to “share” sensitive information; a decidedly weighted bias in favor of “management” or those in superior positions; medical issues that should be divulged only to those in strictly “must know” positions; and an extremely sensitive decision on the part of the Federal or Postal employee on matters of health, employment and one’s future.

Containment of confidences is important; keeping confidence in both senses becomes vital; and one thing that the potential client can be assured of: Anything spoken to or shared with this attorney in preparing, formulating and filing for Federal Disability Retirement benefits, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will always be maintained in order to “keep confidence”, in whatever manner of meaning the phrase may imply or express.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Law: The mish-mash approach

Do you have a linear, sequential methodology?  Is the legal argumentation systematically constructed?  Or, is the mish-mash approach consigned – of a hodgepodge of thousands of hands at needlepoint in creating a colorful quilt for the Fall Festival of creative designs?

Is the Bruner Presumption invoked as an afterthought, and the Bracey-argument concerning accommodations defined in an obfuscated manner, such that the argument reveals more about what you do not know and understand, than of a pin-point accuracy as to the sharpening and attacking of the issues preemptively recognized?  Have, indeed, the knives been sharpened for the battle ahead, or have you revealed the dullness of the edges such that the U.S. Office of Personnel Management will likely scoff with disdain and deny the case at the First Stage of this process?

There is a substantive distinction to be made between making an argument in a non-systematic way, as in a proverbial “shot-gun” approach or of throwing what substance you believe will stick and subsequently splattering it against the wall in hopes of increasing a statistically deficient implementation of the process; that, as opposed to a streamlined, methodological approach of sequentially addressing each issue in a preemptive, categorical manner, as well as recognizing what not to touch at this initial stage of the Federal Disability Retirement process, and in realizing what should be addressed.

For Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, basing one’s approach upon a “hope and a prayer” that things will turn out well, is probably not the most effective nor efficient engagement of behavior.

First, the initial process and stage itself is a bureaucratically lengthy procedure, such that if the Federal Disability Retirement applicant does not enhance the chances of success at the First Stage, time is “lost” in that a denial will simply quantify by exponential multiplication the time taken at the Second, Reconsideration Stage; and further, another catastrophic delay if an appeal is needed to be taken to the U.S. Merit Systems Protection Board.

In the end, the mish-mash approach is what most of us do in life, and often is the very reason why we ended up where we are.  But in the preparation, formulation and filing of an effective Federal Disability Retirement application, it may well be time to abandon the mish-mash approach, and consider consulting with a Federal Disability Retirement lawyer who specializes in a different approach – one reflecting a systematic, methodological and sequentially logical engagement, refined through many years of experience and encounters with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS and CSRS: Doubt

Is certainty its antonym – or is it too rigid and lacking of linguistic elasticity to merit such a position?  For, doubt allows for an openness to both sides, doesn’t it – whether God exists or not; whether, in the end of life’s spectrum, judgment will deem our microscopic deeds worthy or not; and of illnesses, an erupting disability, or one which cravenly lingers beyond mere chronicity of irritation, but continues to periodically debilitate, and progressively annihilate the soul of patience for furtherance to hope.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the Federal or Postal employee must begin to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset – where does doubt end, and certainty begin?

To begin with:  Doubt as to whether one’s medical conditions are severe enough to warrant consideration in filing for Federal Disability Retirement benefits, and certainty as to the strength of one’s own case.  Doubt as to whether the medical evidence gathered is sufficient to meet the preponderance of the evidence test, and certainty as to the relevance and strength of a meritorious compilation of demonstrable material.

Doubt as to whether the U.S. Office of Personnel Management will provide a fair evaluation of one’s Federal Disability Retirement application, and certainty as to the case being a “slam-dunk” venue for Federal Disability Retirement benefits.  Doubt as to whether one’s Human Resource Office will protect the privacy of the medical evidence submitted (if the Federal or Postal employee has not been separated from Federal Service or, if separated, not for more than 31 days), and certainty that any violation of privacy will likely occur, but considering the options available, proceeding anyway.

How healthy is doubt?  How unhealthy is certainty?  Is doubt more akin to uncertainty than being the opposite of certainty, and if so, why would the negation of the root word transform it into a synonym?  Is it a grammatical rule that the test of an antonym is to negate its root, and if it becomes a synonym, then by logical extension, the root was its antonym?  Is that the same with feelings as opposed to beliefs; or of rationality in contradistinction to the Aristotelian appetitive parts of the soul?

In the end, the Federal or Postal employee must contend both with doubts and unrealistic expectations of certainty; for, when dealing with an administrative Juggernaut such as the likes of the U.S. Office of Personnel Management in filing a CSRS or FERS Disability Retirement application, a healthy dose of doubt, combined with an aggressive approach bordering on certainty, is the best mix of medicines one can take or – to put it more quaintly:  go it alone with doubt, take an aspirin, or consult with a lawyer who specializes in Federal Disability Retirement Law so that you can at least arrive at some semblance of doubtful certainty.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: The cruelty of our nature

Note that we are not positing that nature in general is cruel; for, in nature, predatory behaviors and devouring of one another is merely a tautological definition of nature itself, in the constant balance between prey and predator, betwixt overpopulation and dominance of one species over another, etc.  No, the “our” refers to a specific species – of the human kind.

Whether engendered and triggered within our genetic predispositions, or as Rousseau and Locke would have it, spurred on by the artificial constructs evolved from the social contract created for self-preservation, there is little denying that “our” nature is the cruelest of them all.  Little evidence needs to be pointed at in order to establish the case proving such a perspective – of wars, treatment of others, disregard for fellow members, neighbors and even strangers; no, the cruelty of our nature betrays the inherent meanness of our selves.

Yes, yes – there are always sociological and anthropological explanations – of mistreatment by a structural and inherent canopy of defiance; people left without hope for any future; lives destroyed by government regulations and other societal pressures; wars driven by sectarian and genocidal triggers further explained by economic changes and shifts of monetary and global policies; and of the rise of dominance by a few over the general populace.

There is little doubt that we are cruel because of who we are – at the top of the food chain, everyone struggling to merely survive.  Yet, it was always the belief that within us, there was a spark of the angel – of being just above the beast, and slightly below the heavenly orbs where wings of perfection remain yet to strive for.

When medical conditions erupt, necessitating the Federal or Postal employee to prepare, formulate and 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, it is well to keep in mind the cruelty of our nature – not necessarily in ourselves, but in the capacity and human capability of acting upon it by revealing to others the vulnerabilities caught in the web of our own genetic predispositions.

Care needs to be taken in protecting privacy; never underestimate the reactions that might occur by a Federal agency or the U.S. Postal Service; and always bear in mind the wisdom of Shakespeare, who recognized the cruelty of our nature, “As flies to wanton boys, are we to the gods.  They kill us for their sport.” King Lear, Act IV, Scene i.

Sincerely,

Robert R. McGill, Esquire