OPM Disability Retirement Benefits: The Crease of Time

Time is an unnoticed quantity until we fail to abide by it.  The world around us operates within the purview of ticks and tocks — or, more appropriately in this digital age, by the silent advance of illuminated numbers changing by unseen seconds and lengthy days.  If you live in the city for too long, even the trees fail to tell us that the leaves have changed color or have shed themselves of a summer’s forlorn moment.  In the countryside, where farmers battle the seasons and time is measured not in seconds or minutes, but by the months of growth and decay — time becomes a quantity measured by the westerly winds that bring the scent of Spring’s hope.

The crease of time is when the smooth transition from seconds to minutes, from minutes to hours, and from hours to days is interrupted by a fold of life that was unexpected.  Perhaps it occurs by some tragedy; a divorce, a death, an accident or an event of unexpected outcomes; but in any event, the crease of time suddenly awakens us and tells us that change is needed, or is imposed upon us without choice.

Medical conditions bring about a crease of time.  They tell us that not all transitions in life are smooth, and nor are they meant to be.  For Federal employees and U.S. Postal workers who suffer from a medical condition where such a medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the crease in time is a warning sign that the smooth transition of days-to-days and weeks-to-weeks cannot go on as it once was, but must by necessity change in order to accommodate the change itself.

Consult with an OPM Disability Attorney who specializes in Federal Employee Disability Retirement Law and consider the options moving forward; for, the crease in time tells us that it is not merely the seasons that change, but of health and the future of one’s career must abide by the laws of nature that create the crease of time.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Festering Problem

Is that why they came up with that name in the old Addams Family television series?  Of a problem that — over time — becomes a greater issue because it has been left and avoided, leaving the “sore” or other infection to “fester”?  The character in the Addams Family series always seemed to pop up and in out of nowhere — like the crazy uncle left locked in the basement whom no one wanted to speak about and everyone wanted to avoid.

That’s what we allow for in our lives — if not of overtly obvious wounds that we wish would simply go away; then of internal wounds, damaged psyches and anxieties left unresolved.  Things always seem to crop up much later; perhaps of slights in childhood or anxieties, fears and unhealed hurts left to fester; and then, years later, they develop into magnified “issues” which become euphemisms to mask the psychological trauma experienced.  Life is tough.  There is no getting around it.  How we deal with the stresses of daily living, of workplace conflicts, of medical conditions which develop and deteriorate; in the end, each person is left to his or her own devices, with the patience perhaps of family and friends.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the festering problem appears like old Uncle Fester from the Addams Family, it may be time to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management for consideration.  It is a long and arduous bureaucratic process that, if left to the novice, can itself become a festering problem.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the problems which resulted in your current predicament becomes a greater one later on because of the festering problem of avoidance — like that Uncle Fester who will suddenly appear from nowhere to remind you of the problem that remains unavoidable.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The option of nothing

Inertness for a human being is always an option; although normally a default choice, it is nevertheless an alternative one chooses, rather than what we state to ourselves in justifying the negation of doing something: Just disregard it, and it will go away.  The default is embraced once the choice is made to do nothing further.  Governments are great at that, and ours in particular — of kicking the proverbial can “down the road” and letting the next generation of voters decide upon the non-decision of critical goods and services, all the while talking a good game about what “needs to be done” and “should be done.”

The question that remains unanswered throughout is always: Is the option of nothing the best option? And further: Do we always have to take the best option, or is “letting it go” and disregarding the option to affirmatively make a decision on an important matter sometimes “good enough”?

One can always avoid these latter questions by positing the conditional of: “It all depends” upon the particular circumstances, and that may be true to the extent that, in certain situations, the option for nothing is the better option given the other options available.  In general, however, inertness is merely the lazy man’s out, or an avoidance that is emphasized by a desire of negation — of not wanting to make a decision at all.

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 ones’ Federal or Postal job, the option of nothing will normally exacerbate matters.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a long and arduous path through multiple administrative facets which requires expertise and thoughtful planning in maneuvering beyond the bureaucratic morass.  Because of this, the option of nothing is really not an option at all; it is, instead, a self-harming decision that can have dire legal consequences resulting from the inaction.  As such, consulting with an attorney who specializes in preparing, formulating and filing for FERS Disability Retirement benefits becomes a critical step in a Federal or Postal worker’s “next step” in deciding to file for Federal Disability Retirement benefits.

In the end, the option of nothing is no option at all; it is merely the non-option of inertness, which ignores the greater option of doing something about that which needs to be done.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Formulating the argument

How does one formulate “the argument”?  Is it merely a reaction that comes naturally, like the person who has been tagged as one who is “constantly argumentative”?  Do all arguments need to provide a foundation of rational discourse — of coherence within an invective of counter-statements, and structure countermanding a deterioration of civility?

For example, when a person begins to answer the questions posed on SF 3112A, Applicant’s Statement of Disability, in preparing an effective Federal Disability Retirement application under FERS — does one pause, consider the various answers that may be provided, and establish a methodology in proceeding to satisfy the question? Does the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits consider first the consequences of one’s answers, and do you weave throughout a thoughtful argument for an approval?  Or, should the “argument” be filed via a separate Legal Memorandum, pointing out the relevant laws, citing the statues and quoting from various cases that have previously addressed the issues posed?

Most people who file for FERS Medical Retirement through the U.S. Office of Personnel Management fail to consider the preemptive arguments that should be made within the answers to questions posed on SF 3112A, and thus are denied at the First Stage of the process because the applicant thought that a simple question asked required a similarly-simple answer as requested.

Then, of course, when the Initial Denial of a Federal Disability Retirement application is received through the mail, the Second Stage of the process — the “Reconsideration Stage” — merits further formulation of legal arguments.  At whatever “stage” you are at — whether at the First and Initial Stage; the second, “Reconsideration” Stage; or even at the Third Stage, an Appeal with the U.S. Merit Systems Protection Board — formulating a coherent, cogent and rational argument that persuades OPM to approve the Federal Disability Retirement application is an important component in a winning FERS Medical Retirement application.

Remember — to file for Federal Disability Retirement benefits is not like having an argument with a friend or spouse; it is an argument which must be based upon facts, evidence, and legal precedents, and to have the best “shot” at it requires the hand of an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Disability Retirement: This fast-paced world

Even 2 – 3 year olds are seen with Smartphones maneuvering their way through Facebook; and while the old industrial towns where blue collar jobs were once thriving become ghost towns from closure, shut-downs and transference to foreign parts for cheaper wages and greater corporate profits, the once-idyllic panorama of life lived in still-shots of single frames, painted with a single flower wilting in a child’s hands is forever fading into the pastoral beauty of past lives no longer remembered.

This is a fast-paced world; unrelenting; unforgiving; unable to provide a modicum of sympathy.  Those in the thick of it pass everyone by; and while we give lip-service for the need to “reduce stress” and live a more “contemplative” life, the reality is that we have created a machine where no one knows how to turn the switch off, leaving aside trying to slow down the mechanism of this juggernaut called “society”.

Some few thrive on it; most dread the Mondays that follow; and the rest of us merely walk through like zombies and the living dead, mindlessly winding our way through this maze called “life”.  Some few of us are able to laugh it off; fend against the daily stresses; somehow survive the burdens that this fast-paced world places upon us.  We, all of us, are mere beasts of burden, now, caught in the trap of our own making, walking as Camus’ Sisyphus in the unrelenting struggle to push the boulder up the hill only to see it roll back down, and to begin each day anew to push it back up.

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, this fast-paced world may oftentimes appear to have changed gears into hyper-drive.  For, the medical condition merely slows down the individual; the rest of the world, including the Federal Agency or the Postal facility, merely continues on.

No one has time for illness or injury; that is why we must rely upon the available laws that favor one’s particular situation, and filing for OPM Disability Retirement benefits is a pathway towards countering this fast-paced world which leaves so many behind.  Begin by consulting with an attorney who possesses the knowledge to apply the mechanisms already in place to obtain what is by legal right yours — and by doing so, to answer the perennial question of how one slows down in this fast-paced world where even the sick and injured are no longer cared for?

Sincerely,

Robert R. McGill, Esquire

 

FERS Retirement for Mental or Physical Incapacity: When once…

When once the dream was left unfulfilled, and yet the future appeared so boundless and promising; when once the time spent was so precious as to bring memories and tears of joy for the privilege to live; when once the rains came but not to dampen the sorrows of yesteryear, but to wash away the scars of today’s longing; and when once, there was a time forever bottled so that tomorrow would be remembered as a mere passing thought, and the day after a haven for memories yet to be forgotten.

When, once, we took for granted that which we never think about, reflect upon, and youth’s folly continued for a day and a dawn only to be wistfully forgotten when once the call from Mom’s flustered voice shouted at us to come in for dinner, when the crickets were still singing their mournful melodies in the quiet of evening’s end.

Looking back can hold one back, especially if the remorse of what once was makes you pause in a day when even an hour cannot be spent whittling away the time that cannot be recaptured.  There is time enough for remorse and regret; time yet to remember and recall with nostalgic warmth for days of yore; but as the world turns in the “here” and “now”, the daily grind of duty’s call and obligations which cannot be avoided, must first be attended to.

“When, once…” is to be set aside until the last breath when the drifting dreams of yesteryear’s pausing regret begins to foreshadow today’s memories of a bygone time.

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, time remains of the essence, and while sickness and deteriorating health may freeze one into desiring a time of remembrance back, “when once…” — it is not the right time, yet.

This is still the time to fight on; it is the moment to preserve and protect; and while a Federal Agency or a Postal Facility may have dampened your spirits or attempted to make you into a downtrodden employee whose best years are behind you; nevertheless, it is time to assert your rights and carry on the good fight.  Preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset, is a good part of that fight to preserve and protect your rights.

Why should you fight for them?  Because, when that time comes when you say to friends or family that, “When, once…” — the “filler” should be: “When, once…they tried to deny me, I fought and won.”

Sincerely,

Robert R. McGill, Esquire