Federal Employees Retirement System (FERS) Disability Benefits: Obstacles

There are many in life; whether of financial, physical, intellectual or emotional; whether we are born with certain God-given talents or lack them in excess of explicit ignorance; or whether we are born with that proverbial “silver spoon in our mouths” or not, the burden we carry is like John Bunyan’s heavy knapsack, of the sins we create and carry.

Some obstacles are objectively in existence and have no relationship to the ones we create; others, within ourselves and created by the ghosts of our past deeds.  To what extent are the obstacles which prevent us from advancing merely the emotional difficulties we bring about?

Certainly, this world is an “unfair” one — one in which who one is born to, where one is a citizen of, and to which “class” we belong to plays a large role in who we can become; and in the end, sheer will and determination to succeed may not be enough.  The 5’ 10” young man who is born with spindly legs and lack of coordination will likely never become a professional basketball player no matter how hard he tries; and the individual who lacks a foundation of talent in any given area certainly faces obstacles beyond the reach of dreams or hopes; but is that the definition of “fairness” or “unfairness”?

Early on, it is important to assess one’s circumstances, talents and opportunities, and tailor our goals accordingly.  Should you “shoot for the stars”, nevertheless?  Possibly — but still, with an objective assessment.

How about when you engage in a process like filing for Federal Disability Retirement benefits?  Should you make a similar assessment about the obstacles to be faced?  As in life generally, so should the same rules apply before entering the complex arena of Federal Disability Retirement Law.

As trying to obtain a Federal Disability Retirement annuity presents multiple obstacles, so should the Federal or Postal employee contemplating filing for the benefit of Federal Disability Retirement reach out to a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law and consider the options, the difficulties — the obstacles — before pursuing such a benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The Chosen Word

Words chosen bespeak of the artfulness of the one who chooses them, but the true artist remains anonymous and allows for the words themselves — the “artwork” of the word-meister — to make its quiet impact.  It is the vehicle of communication; it is the goal of the sentence, the “umph” of the connotation and the hyperbole of a paragraph’s ending.

In a universe inundated by words — some would argue that the essence of modernity is people merely spewing out words, because that is all we ever do, now, and can do, is to talk a lot without getting anything accomplished — and thus the importance of the chosen word, or more precisely, the carefully chosen word, becomes all the more significant.

In this post-modern era, the question is no longer about Truth or Falsity; rather, it is about sifting through the maze of overabundance, where the impact of words fail us precisely because we can no longer appreciate the subtlety of connotations, derivations, implications and innuendo.  As brashness blunts the art of derivative meaning, so overabundance of words dilutes the craftsmanship of a well-composed sentence.

It is like the orchestra with one too many violins; the extra becomes an overkill to the sensitive ear that cannot differentiate because the sounds of repetition dulls the distinctiveness of each.  Words await to be chosen, lost in the void and vacuum of unused dictionaries, and in this age of the Internet, forever relegated to the ethereal universe of the vanquished scenery of outcasts and extinguished, waiting to be rescued for an insertion into a sentence, a hyperbole within a parenthetical clause, or a hyphenated relevance amidst a sea of declarative thoughts.

For the Federal employee or Postal worker who must consider preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the thing to remember is that the final Federal Disability Retirement “package” that is filed with the U.S. Office of Personnel Management is a “paper presentation” of a bunch of jumbled words — “jumbled”, unless each has been carefully chosen in order to communicate effectively, well, and persuasively.

It is the untying of the knot of complexity, the smooth and controlled sequence of words that become aggregated into a paragraph, then a full page, and in the end, it is the chosen word precisely crafted, picked like the ripened fruit of ideas that must persuade and win over the thousands of worthless and meaningless other words that will fail the test of an OPM Disability Retirement application — and like that perfectly chosen word, be careful to choose which word-meister you hire to represent you in this most important of endeavors!

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The unknown world

It is that part of the universe that is often seen as the “far side of the moon”, where shadows befall and eyes never perceive, witnesses never survive and documents don’t exist.  Mount Everest was once that world; galaxies outside of our own, despite our best efforts to invent and create greater and stronger telescopes, or ones that float in the nothingness of outer space and send back digital images that are obscure and indistinguishable from inkblots accidently spilled upon a sheet of white paper, but somehow scientists can discern great discoveries by pointing to colors, hue, magnified analogs and complex algorithms that leave the rest of us scratching our heads and declaring, “You got all of that from this picture?”

There was life once on Mars and Jupiter since contained icicles that entrapped microbes billions of years ago, and just through a photograph of a fuzzy specter that the rest of us would have interpreted as Bugs Bunny leaning against a fencepost eating a carrot stick.  But of unknown worlds and the far side of the moon where shadows rest upon and hide the human toil of secrets and conspiracies, the truly mysterious one is the subjective mind of the person sitting next to you.  Yes, yes, it may not appear that way – perhaps each time you ask a question of that individual, he or she merely grunts and states in the same monotone of boredom and unexcitable drone, “Yep. What of it?”

And so when PBS or the National Geographic Society has some show about the complexity of the human brain, the neurons and the micro-conceptual foundations that make up the universe of human circuitry, dreams, images, thought-processes, Freudian and other “-ians” that delve into the human mind of the conscious, subconscious and unconscious and all spectrums in between, you turn, look at that same person and say, “Not.”  Or, that person one day does something completely out of the ordinary and during his lunch break takes out a book – say, Kant’s classic on the foundations of metaphysics, or some such esoteric material, and proceeds to mumble to himself, and you say, “Gee, didn’t know he was into that.”  But then you again try and engage him with, “So, what are you reading?”  And the familiar refrain comes back: “Yep. What of it?”  Beyond disappointments and non-engagements with universes parallel, mysterious and already predicted, there is still that “subjective” universe where pain remains, medical conditions are hidden and plans for the future are yet to be expressed.

That is the netherworld of the Federal or Postal employee who must contemplate preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It is also the world of “cat-and-mouse” – of when to tell the Federal agency or Postal service of your intentions; how much to tell; when to submit the Disability Retirement packet so that it obtains the greatest advantage against the Federal agency or Postal Service; and all of the complexities in between.

Yes, there are still “unknown worlds” and universes; you just became too much a part of it to recognize the wonder of it all, because the guy next to you keeps burping and saying, “Yep. What of it?”

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: What we have to do

In once sense of the phrase, it denotes a duty or obligation; in another, the foundational basis of a practical, pragmatic nature – of that which we do, simply because it needs to be done in order to survive, to maintain a certain standard of living, or because we believe it is the “right” thing to do.  Each individual must decide for him or herself, of course, as to the criteria by which to determine that which we have to do, and the “what” will often be placed on a wide spectrum of moral ends that are meant to justify the means by which to proceed.

What we have to do – it is also a phrase that is said when shaking one’s head, as in the whispering to one’s self in gritting one’s teeth or biting our tongue and engaging in a soliloquy of thoughtful silence, saying, “What we have to do.”

For Federal employees and U.S. Postal workers who suffer from a medical condition, despite the medical condition beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal position, it is a familiar refrain – of working through the pain, of trying to endure the paralyzing panic attacks or the heightened anxiety and depression that pervades, and to try and hide the medical condition and do what we have to do in order to economically survive – until it reaches that crisis point where the medical condition cannot be controlled, cannot be hidden, and comes bursting out like NFL players running through the tunnel from the locker rooms of one’s mind and body.

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 just one of those other things that can be characterized as what we have to do.  For Federal employees and U.S. Postal workers who have a medical condition that begins to impede and prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the filing itself of an effective Federal Disability Retirement application is what we have to do, especially if the alternative is to stay at the job or walk away with nothing, which are actually no choices at all.

What we have to do – a familiar refrain for the Federal or Postal employee, and a necessary next step if you suffer from a medical condition that impedes or prevents you from performing one or more of essential elements of your job.  After all, you’ve been doing what you have to do all of your life, and this is just one more instance of it.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Not the storybook tale

It has been widely commented upon, by naysayers, essayists and various commentators upon life’s winding course of pessimism, cynicism and some rarefied sprinkling of optimism, wherever the “isms” will take us: we are crippled from an early stage of life by being fed Fairytales and Fanciful Fantasies, and then pushed out the door to deal with the reality of the real world, which are NOT like the storybook tale.

Why the disconnect?  Wherefore the disjunctive between what we grant to our children in contrast to the objective world?  Do we witness any of the other species in this Kingdom harm with such aplomb their youngsters – where birds “cruelly” push their young tots out of the nest to force flight even if not quite ready; where predators abandon their herds and hoards to survive on their own – by first saying: “Now, now, kids, I am going to tell you a lie, then have you live in the early phases of your life only to be disappointed by the reality of what you will be facing”?

No, the human species is one of a kind; but then, we have the capacity of linguistic elasticity – a tool that others are (fortunately) not weighted down by.   Isn’t that the story of politics – of saying things that will never come to fruition, promising acts that cannot be accomplished, and declaring facts that are merely alternatives to objective reality – just so that votes can be accumulated and enemies can be identified?

It is well that human beings can fantasize and live in an imaginary world, because otherwise we would all go insane if we had to encounter the reality of the objective universe around us.  What of Marx’s dictum that religion is the opiate for the masses – if true, where are we today, inasmuch as religion is no longer a cohesive foundation in most people’s lives; and, if false, what has replaced it as the dulling effect for survival’s continuation?  Is it the flag, the Constitution, the hope founded upon a Lottery Ticket, or perhaps the greater indication of that which is not an analogy or a metaphor, but the reality of heroin addiction that is a growing menace?

Perhaps, after having tried everything else, the opiate itself is not just some proverbial reality, but the real thing itself, and that is why the problem grows exponentially.  Perhaps, we have come to a point where we realize that the fairytales told and the reality faced cannot be reconciled.

For Federal employees and U.S. Postal workers who have had a long and productive career, but where medical conditions have more recently impeded, debilitated, and ultimately prevented the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, perhaps the realization has come to the fore that the storybook finish line doesn’t quite match up with the reality of one’s present situation.

That’s okay.  You’ve earned the right to view reality “as it is”, as opposed to the fond remembrances of fantasies and fairytales.  Yet, don’t become too entrenched in a negative perspective; for, the objective reality is more likely somewhat involving greater balance, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is not the end of one’s professional career, but merely another beginning.

Many have gone on beyond a Federal Disability Retirement and started new careers, initiated fresh vocations and enjoyed a second or third phase of life. It is somewhat like a marriage, a divorce and then a remarriage. Perhaps it is not the storybook tale written by some, but it can be one that is written by you.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Employment: Pensive Passions

Often, truth is found in contrasting and inherently antithetical concepts; the fact that they may be contradictory in appearance, does not substantively make it so; and, instead, it is often the combined tension between the two which engenders cohesive cooperation, whether forced, mandatory, unhappily or otherwise.  Think of marriage.  Or, the productivity in moments of combative circumstances.

Does voluminous activity in the context of stagnation necessarily follow?  Or qualitative brilliance erupting from sedentary immobilization?  For Federal employees and U.S. Postal workers who suffer from a medical condition, the thought of “moving on” by filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often an anathema which prevents further reflection and thoughtful engagement on the matter.  Then, when it becomes an emergency because of months, perhaps even years, of procrastination and unwillingness, then and only then does the adaptation of one’s thought process begin to coordinate the reality of future orientation.

Filing for Federal Disability Retirement benefits through OPM is not an end, but merely a new beginning; it is not an indication of surrender, but rather an advancement towards a different future; and it is not “letting down” family, friends, coworkers or some unrealistic viewpoint concerning one’s self-image, but instead, is a recognition that priorities matter, and what is important in life must by necessity be prioritized, with health and one’s self-worth being at the top of the list.  Continuing to go to work in the drudgery of one’s medical morass, where the Federal agency and the U.S. Postal Service is no longer supportive of continuation in such a venue, is to remain stuck in an untenable situation.

Being pensive in the matter is to take some time to reflect; to possess passion, is that loss which once was a sense of awe in holding a jewel sparkling in regular moments during a routine of boredom, of getting up each day and looking forward to advancing one’s Federal or Postal career, but now because of a progressively deteriorating medical condition, has ceased and closed the curtain of enthusiasm.

Now, to have pensive passion is important, for it is that combination for the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, which will serve him or her well in the next phase of one’s life, in preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Plan of Attack

Every battle requires a “plan of attack“, and preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is no less an “adversarial” process than a lawsuit filed with the local county court.

One may embellish and deny by describing the process as “nothing more” than an “administrative” procedure, where the deciding agency is merely reviewing the components for “eligibility requirements” and conformance to entitlement regulations, but one needs only to be denied a Federal Disability Retirement application to realize that it is a legal process just like any other.

That is why, when a Federal or Postal employee’s Federal Disability Retirement application is denied at the First Level of the process, the usual response is tantamount to that of an opponent who lacked a plan of attack and quickly disburses in a retreat of panic.

Denials should be expected, and not necessarily because of a lack on the part of the Federal or Postal applicant, but because the “enemy” will counterattack and “win” some “battles”.  The army which never considers a setback is one which advances with such arrogance that the hubris of pride defeats without the enemy ever needing to lift a finger.

For those Federal employees and U.S. Postal workers who filed for OPM Disability Retirement benefits, and who thought that his or her Federal Disability Retirement application was an unconquerable force of inevitability, the good news is that there is another day yet to come for a new battle, and even another beyond that, where a singular defeat means merely a chance to regroup for another day’s skirmish in order to win the ultimate prize:  the war itself.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: The Causal Contingency

If X, then Y; but the problem is that most of us want to skip over the predicated contingency, and move directly to the conclusion without the necessary and sufficient satisfaction of attending to the prerequisite of X.  The consequences of such inaction, or impatience in order to achieve the end-goal, is that when the subversive act of avoidance and disregard results in the inevitable and disastrous compulsion of causal catastrophe, we then attempt to “make up” for “lost time”, and quickly engage in band-aid devices to try and rectify the original misdeed.

Some things in life just don’t work that way; in fact, despite the insistence by millennials that longterm foundations don’t matter (either because the gods are dead, life is absurd, or self-centeredness will get us through the day), it is the artisan and the craftsman who, when the technological innovations and newfangled fads whisper into the fading glow of yesterday’s moonshine, retains the longevity of sustenance and substantive accord.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact and prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the inclination is to panic, to rush around like a chicken with its head lopped off by a prowling owl of the dawn skies, and to quickly formulate a Federal Disability Retirement application and submit it through one’s own Human Resource Office (if still with the Federal agency or the U.S. Postal Service or, if separated but not more than 31 days thereafter) or directly to the U.S. Office of Personnel Management (if separated for more than 31 days but not more than 1 year after the separation or termination date).  But the operative word in such a scenario is ensconced in the term, “prepare”.

To achieve an effective Federal Disability Retirement application outcome, one must prepare, formulate and file for OPM Disability Retirement benefits.  To jump over the “preparation” part, and to merely formulate and file, results in the disastrous outcome foreseeable and foreseen.  Just ask Jack, who still reels from the burn marks as he tried to jump over the candlestick.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Legal Language Game

Wittgenstein’s contribution to Western Philosophy was an extension of a line of English linguistic/analytical approach to unraveling substantive issues of confounding puzzlement.  Leave it to the British to resolve all problems through the correct usage of language — or, in his case, of Austrian-British conversion.

Within every context of societal constructs, there are unique conventions of linguistic acceptance.  Thus, the “language game” when engaging a Rapper will necessarily be different from that of having a polite dinner conversation with the Pope, and discussion with a computer geek will take on a different tone and content than speaking to a 2-year old.

Similarly, there is a specific language game when entering the legal arena — often characterized by aggression, subtle threats, compelling force and the Roman Centurion admixture with troubadourian  characteristics ready to paper-massacre the opponent.  Words like “liability”, “sue”, “court order”, “subpoena”, “deposition”, “money damages” — they comprise the extensive corpus of the language game of lawyersAdministrative law is a sub-facet of that legal route, but involves a bureaucratic maneuver which involves just as a great a level of complexity and specialized knowledge.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is an administrative legal process which asserts the right to, and compels the attainment of, a Federal benefit from OPM for Federal and Postal employees under FERS, CSRS or CSRS Offset.  It is not simply “given away”, and must be secured through proof of a level rising to a preponderance of the evidence.  There are legal precedents to follow, statutory and regulatory components which must be adhered to, and laws both stated and implied which encapsulate the whole of the language game of OPM Disability Retirement.

As a subset of the greater language game of “The Law”, it is a winding route of mazes within precipitous promontories involving a complexity of conundrums — not quite as esoteric as the language game of mathematics or physics, but somewhat akin to computer geekery and macro-economics.  Add to that the sword of yore utilized by a Roman Centurion ready to attack, transformed into the mighty pen (or, in modern linguistic update, the laptop computer).

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Nature’s Purposive Divide

Teleological ascription accounts for the rational foundation behind the activity of an organism, and explains the “why”, but not that it necessarily “is” or how it came to be.  Inertia is the very opposite, or perhaps in Heidegger’s universe, the “nothingness” as opposed to “being”.  When bees swarm in a frenzy, there is a “reason” for their activity; and just as the skittishness of a herd portends a sensing of danger, so the aggregation of ants streaming back and forth from a given point normally means a food source attracting for plunder.

We may speak about these occurrences in academic and esoteric ways, but the underlying foundation to it all is actually quite simple, but not necessarily simplistic:  Nature provides for a purpose to pursue, and that is what divides the living from the inertia which surrounds us.  And the rule of Nature and the idea of teleological impulse is that, when we lose that purposive divide, we become like the non-living substance which everywhere reminds us of the corollary of life:  death, and the loss of one’s soul.

Constancy of deterioration, progressive destruction, systematic downgrading, and persistent harassment can dampen the soul; but it is ultimately the loss of Nature’s purposive divide which finally stamps out the glowing flame within one’s soul.

For the Federal employee or the U.S. Postal worker, unbeknownst because of the flurry of daily activity, it is often the meaningfulness of the work one engages, which provides for that teleological impulse.  When a medical condition begins to pervade, and systematically denigrate and degrade the quality of that aspect of meaningfulness, and further, when the Federal agency or the U.S. Postal Service constantly and persistently acts to exacerbate and rob one’s joy of the projects of life, then it is time to consider 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.

Federal Disability Retirement through OPM allows for a further teleological chance and opportunity, by first securing a lifetime annuity, then allowing for earning income in the private sector and beginning a second career or vocation.  While many may not consider the securing of a Federal Disability Retirement annuity as a meaningful endeavor for one’s financial security, it is precisely the stability of income which allows for the Federal or Postal employee to turn one’s energies upon other and more important things, and to allow for Nature’s purposive divide to propel one forth into the community of men and women who separate themselves from the mass of humanity who see drones and crestfallen vestiges of souls who once rushed where fools had remained and lost that flickering flame of teleological pull.

Sincerely,

Robert R. McGill, Esquire