Attorney for Federal Disability Retirement Claims: Next Steps

It is the previous step that determines the following one, and the one before that which closes the alternatives for multiple other pathways; in the end, sequence matters, protocol can make a difference, and how one takes the steps, in what direction, by what methodology — these are all important considerations to contemplate.  What the endeavor is; by what means one is attempting to achieve the end-result; and the manner in which the goal is reached; the attempt the take a short-cut will often result in only a short-lived gain, but often with long-term consequences that, upon reflection, made the short-cut pay a price greater than the worth of the gain.

Next steps are important; each step, whether previously taken or subsequently considered, are also obviously of significance, but one could argue that those already taken cannot be reversed or, if reversed or retraced, may complicate matters more, whereas the “next step” yet to be taken may impact all previous ones already established and thus must be considered in light of the consequences likely to ensue.

Whatever has already occurred in the past cannot be undone or, if it can, must be retracted with care such that any retrospective refashioning of previous actions taken will do no greater harm than that which has already been consummated.  It is always the “next steps” that are the crucial ones, for they will determine not only the efficacy of all previous ones, but further, will either validate or undermine all previous ones heretofore taken.

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 next steps you take may be the critical ones that determine the success or failure of the entire complex, administrative and bureaucratic process you are attempting to undertake.

What statements are made as reflected on SF 3112A, the Applicant’s Statement of Disability; the sufficiency of the medical reports and records gathered, to be submitted as Attachments to your Federal Disability Retirement application; whether you answer and address the issues concerning accommodations in the workplace sufficiently or in what manner; whether you have an adequate understanding and comprehension of your rights with regard to Federal Disability Retirement Law; these and many other “next steps” may well determine the future course of actions previously taken, ignored or otherwise not initiated.

Perhaps the “next step” should be to consult with an attorney who is knowledgeable about Federal Disability Retirement Law, lest the “next step” be the one that leads to an unforeseen stumble, where that next step leads to a misstep or the following next step after that cannot occur.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Systems: The mindful gargoyle

In architecture, they serve a pragmatic purpose of duality:  they divert unwanted seepage of water by redirecting it away from the side of a structure, but moreover, they serve the equally important spiritual task of keeping evil spirits at bay.

In everyday life, the concept can take on multiple meanings; of a grotesque figure unattractive on the outside, but encompassing an unseen beauty within through his or her thoughts, concerns and conceptual constructs; or of the monster which stays hidden within a tortured soul, where the fantasy of our own imaginations loom larger than the realities we may face; or, further, denoting phantasm from Medieval days where knights and dragons slayed have returned in more subtle forms of windmills left churning in the fields of fear of our own making.

All of them are barely noticed, now; onlookers pass by the structures which jut with such figures of antiquity; of monsters and grotesque figurines, we barely notice in this technological universe of pragmatism where fantasies of spiritual fears are dismissed as mere shams abbreviated from the shamans of yore; and of those looming monsters which haunt us in the nightmares of sleepless hours?

Pharmacology and the innane science of hope have become the masters of our fate, as Darwinian determinism has replaced the Oracles of ponderous paths.  There are no more mindful gargoyles; only materialism and the tactile reality of a virtual universe we have created in repose of empty caverns, where vacuity of thought is mistaken for profound moments of cognitive clarity, when in truth it is the dissonance of our own creation which leaves us trembling in the corners of our own fears, paralyzed with haunting thoughts and haunted imaginings.

But that we could return to the days of Tom and Huck, and win the heart of Becky Thatcher in braided pigtails of forgotten innocence; but, then, we would have to give up all of those “advances” we are lectured about by insistent voices booming in megaphones of self-interested diatribes.

For Federal employees and U.S. Postal workers, of course, the mindful gargoyle is of utmost importance.  For, it is that symbol and pablum of life that interjects and disrupts; the fears which prevent us from progress are precisely those which loom larger in the creativity of our own minds, where such phantoms preventing steps taken to move forward are the ones which need to be slain in mind first, then in the world outside.

That is why, often, the first step in the long bureaucratic 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, is to speak with an Attorney, in order to “objectively” assess one’s chances and develop pragmatic steps towards a potentially successful outcome.

For, in the end, preparing, formulating and filing for Federal Disability Retirement benefits should reflect a pragmatic purpose — somewhat like the architectural utility of the gargoyles seen on structures of Medieval contortions, and not left in the dusty attics of fearful minds and monsters unslain in the deep recesses of cringing thoughts.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Environment

There is pervasive talk about the importance of containing toxic waste dumps, keeping our air and water clean; of limiting the dumping of animal feces into our oceans, rivers, streams, etc.; and, indeed, there are agencies and departments created by State, Federal and Local governments devoted to enforcing laws designed to protect us and preserve the pristine condition of our “environment”.

But what of toxic environments of another sort?  What of the poison inserted through malicious intent?  Of the constant harassment and hostility used to intimidate, cower and attain submissive unraveling of defiance?  For those, there are designated courts, commissions and laws passed to protect, for purposes of prosecution and pursuit of money damages.  Of course, the results from either and both arenas of judicial relief are difficult to quantify; whether and to what extent pollutants were introduced into the environment, and by whom; or of what level of toxicity caused harm and damage to an individual; the qualitative measure of damages is always difficult to ascertain.

It is, ultimately, only from the personal perspective and experience that one can gauge the damaging results.  For the Federal employee and the U.S. Postal Worker who suffers from a medical condition, such that the medical condition begins to impact the capacity to perform one or more of the essential elements of one’s job, there is often a parallel track of pursuing Federal Disability Retirement benefits and concurrently to go after the individuals or organization that discriminated because of the disability acknowledged and recognized.  For the Federal or Postal employee who attempts to secure some semblance of “justice” in the process, the goal of the law has been misdiagnosed:  Justice is not the stated teleological motivation of statutory relief; rather, it is a means to appease.

But at what cost?  To what end?  By whose measure?

Filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, sets a specific goal:  cut one’s losses and move on in one’s life.  By filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the Federal and Postal employee is able to leave the toxic environment which may have even contributed to one’s medical condition or disability, or at the very least, exacerbated it; by fighting it, one must remain within the very environment which one is attempting to escape from.

Like Father Damien of Molokai who helped lepers live with dignity as a separate individual from without, but who later contracted the disease and died as “one of them” within, the Federal or Postal employee who files for Federal Disability Retirement benefits may want to consider the consequences of the dual track of environmental toxicity before taking on a behemoth of mythical proportions, as opposed to preparing, formulating and filing for Federal Disability Retirement in order to exit the poisoning atmosphere.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Ritualistic Behavior

We persuade ourselves that only children play those games; of turning suddenly left, instead of right; of pretending to be asleep, only to unexpectedly open one’s eyes to test the reality of our surroundings; and other discordant acts in an effort to defy the predetermination of fate, as if the karmic principles governing the universe are subject to the vicissitudes of private thoughts.  But the anomaly of the unexpected is that, once a pattern of disjointed behavior itself becomes a monotony of the routine, the corridors of ritualistic behavior become entrenched and often prevents one from taking steps necessary to step outside of the proverbial box.

Conventional thought processes can themselves become ritualistic; thus do we believe that by neglect or avoidance, medical conditions will just “go away”; or that the increasing hostility and initiation of adverse actions by an agency will cease if we just “ignore” them; or if we just continue maintaining a semblance of competency, the incompetents will recognize and acknowledge the superiority of motives, and desist from the constancy of interruptive actions.  Such ritualistic behavior, however, has little to no impact upon the reality of the world, no more than when the child in us attempted to defy fate and the karmic gods which rule the universe.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the route of exit from the madness of the universe is 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 plain fact is, no one cares for one’s health or well-being except the person who suffers from the medical condition, as well (one would hope) one’s family and spouse.

Reflection upon the priorities of life must always be reengaged; and continuing onward with vestiges of child-like ritualistic behavior, against all sanity telling us that things will not change despite our best efforts, will only prolong the agony and the angst of life’s unfairness.

Filing for Federal Disability Retirement benefits through OPM is available for those Federal or Postal employees who can no longer perform one or more of the essential elements of one’s positional duties, and while continuation with one’s agency or the U.S. Postal Service may be a laudatory goal revealing an undying sense of loyalty, it is the dying portion of our better selves which whispers the lie that ritualistic behavior can alter the course of human history within the microcosmic universe of karmic incantations.

Sincerely,

Robert R. McGill, Esquire