Federal Disability Retirement Claims: Methodological approach

We hear about the various approaches — of “quantitative analysis”; of systems created for a specific outcome-based determination; of numeric, qualitative, cost-benefits balancing, etc.; and all the while, we presume that there is a “methodological” underpinning that girds the analytical viewpoint, thereby systematizing the approach into a coherent consistency in order to limit and restrict human error.

That is the conundrum, however, is it not?  It is humans attempting to implement a methodological analysis that will expunge the very essence of humanity, by humans engaging in activities to erase that which makes humans for being so human — imperfection.

Analytical approaches without a preordained methodology presumes a flighty, ad hoc approach that fails to rise to the level of a vaunted “science”; yet, if a paradigm of a “methodology” is created and implemented by an imperfect being, how can it ever attain the level of mistake-free perfection that a “methodology” can promise?  The fact is, we are trained to be imperfect, but strive for the vanity of perfection in order to appease the gods of our own fears.

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, it is important to understand that there is, indeed, a “methodological approach” in putting together an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset.

One can enter into the administrative process by an “ad hoc” approach — by means of a proverbial “chicken with its head cut off” engagement and running about filling out this form, asking for that form, and bundling together whatever medical records one can obtain; but the better way is to have a “tried and tested” methodological approach to the entire bureaucratic morass.

Yes, human beings are imperfect; yes, the medical condition itself necessitates the preparation, formulation and filing of a Federal Disability Retirement application, to be submitted to OPM; and, yes, the entire administrative process of such a bureaucratic procedure is maddening, disheartening and often chaotic.

However, from the ashes of such chaos, it is best to engage in the confusion and chaotic morass by sifting through the difficulties with a “methodological approach”, and to do so, consultation with an experienced attorney is likely the first best step — thus revealing the first step in the methodological approach in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Of frauds and believers

Who is the greatest fraud of all time?  Of whom do we consider a “fraud”, and what is the criteria upon which we compare and determine the final judgment?

Certainly, many would include Bernie Madoff in that category; but what of tricksters and hoaxes that will have you believe in magical powers of levitation, bending spoons and non-invasive surgeries?  Is the greater hoax based upon the sheer number of believers, or upon the amount gained and the fervency of trust betrayed?  Do the number of believers following a cult leader count, based upon the quantifiable nature of the fraud itself, or is it the level of unquestioning belief that makes up for the lesser crowds garnered?

And what about the common fraudster — of the smiling face during times of need, but the quick stab once your worth is no longer apparent?  And of the workplace where the smiling backstabber whispers in conspiratorial glee, when once the boss listens and smirks at your every deed, replacing the accolades once passing for sincerity when all that was truly there was a Noh mask that concealed the sneer of disdain?  And what of that believer who persuades all of the others who were doubtful, but because you respected him or her, the fact that the believer lead others into the flock of deception — is that first believer also a fraudster?

And in the lonely quietude of one’s own thoughts and reflections, studies have shown that a great many people believe they themselves are fraudsters — perhaps not on the grand scale of having bilked millions, but merely that you are not whom you appear to be, and thus the empty shell within haunts in the conscience of a sleepless night.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the 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, there is often a sense that a “fraud” is being committed — that having to be forced to “hide” the seriousness of the medical condition at the expense of one’s health; of striving to extend one’s Federal or Postal career beyond that which is medically advisable has been a necessity; and of having that conscience in disrepair because you cannot do everything that you once were able to — these are the characteristics of the Federal employee and Postal worker who possess a high degree of conscience and work ethic.

But do not mistake and confuse the difference between “fraud” and “conscience”; for, the former has no inkling of the latter, and it is because of the latter that the Federal workforce is so effective in administering goods and services in such a wide range of ways, with so little to work with.  But when it comes time to take care of one’s health, the Federal or Postal employee who must consider preparing, formulating and filing an effective Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, must take into account the cost of fraud — of being untrue to one’s self by continuing in a job which is no longer consistent with one’s health.

Now, that is the greatest fraud of all — of lying to yourself and allowing your health to deteriorate.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The wave of unwillingness

Watching waves along a seashore is indicative of the rhythmic cadence of life’s daily encounters; the rolling regularity of repetition, then for some odd reason — or none at all — a sudden rush of an unanticipated surge that changes the expectations relied upon.

Human will is a peculiar characteristic; it is not quite a conceptual principle, nor even a sensation; it is an inner force emanating from deep within one’s psyche, energized at various times, inert and dormant at other.  When does the wave of unwillingness appear?  Like that rhythmic lull which is suddenly overtaken by a surge that is unexpected, it appears in life with a sudden vengeance.

For most of life, we are willing — whether to be helpful, to be generous, kind, passing things by and allowing for things to occur without much resistance.  Then, a medical condition begins to gnaw at one’s health — at first, perhaps just an inkling of troubled waters ahead, then a persistence that fails to abate.  By sheer will do we get through each day, overcoming by power of driven insistence and persistence, until one day the wave of unwillingness makes us stop, ponder and consider: How many more days can the power of one’s will continue like this?

Medical conditions have a way of wearing one’s will down.  For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to overwhelm with the wave of unwillingness — where the body becomes weary and fatigued; the mind begins to lose its clarity of purpose — it is time to prepare, formulate and file 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.

Remember that the wave of unwillingness did not just come about without accompaniment by other waves; it is just that the rhythm of the daily onslaught of stresses, the lack of care for the medical condition that continued to deteriorate, etc., came to a critical point where you could no longer avoid the reality of what the disease, injury or condition was trying to tell you: The human will, while resilient, can withstand only so much, and one’s health often contributes greatly to the ability and capacity to get one to a certain point in life, and when a critical juncture is encountered where the wave of unwillingness begins to overtake and overwhelm, it is time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, so that you may be able to once again enjoy the lull of rhythmic waves that create a symphony of sounds like the lullaby of a childhood’s warm memories.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS & CSRS: Static

It is the lack of movement or change which is the undesirable aspect of anything, and not necessarily the thing itself.  Perhaps there was never anything wrong with the substance or essence of the thing; the person remains, and yet, the lack of progress, the inability to move forward, the unresponsiveness to the contextual alterations and modifications — the world around changes, but the singular resistance is in and of itself that which negates.

Being “static” — of the lack of movement or change — is normally thought of as a negative perspective upon an entity.  It would be one thing if the nature of being static were to be an appraisal upon, say, an Aristotelian type of “god”, where the so-called Unmoved Mover is “static”, but all else constitutes a universal movement, but of a specific kind: movement towards the perfection of the Unmoved Mover.  But that is not what we are referring to when we speak about being “static”.  Instead, most of us ascribe a negative connotation, as in, “the inability to change or adapt when the context and circumstances necessitate it.”

That is often the problem with Federal and Postal employees who suffer from a medical condition, where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position.  For, the person him/herself has not really “changed” — aside from the medical condition itself, the essence of “who” the person is has remained static.  However, the circumstances have altered, in that one’s physical or cognitive capacity and ability have altered, normally in a way that no longer allows for a congruity or consistency with the type of positional duties required of one’s job.

Thus, in such a context, to “remain static” becomes a negative component of life, and requires and necessitates a modification of sorts — and preparing, formulating and filing an effective Federal Disability Retirement application, filed though the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the first step towards breaking away from the negative mold of “being static”, and like the disruptive sounds that crackle like static electricity over a phone line or the sudden shock one feels when wearing a wool sweater, being static can only lead to worsening conditions if one delays in preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The facade

We all do it; but the fact that all engage in it does not mean that the quality of what occurs behind the mask is equal in kind.  What betrays the workings of that which lurks behind the Noh mask?  Does the backstabber ever recognize the evil that is perpetrated any more than the Wizard behind the curtain believed that something untoward was being accomplished?

In architecture, a facade is the outward appearance or frontage that represents the initial encounter, entrance or first impression when approaching or entering; it is a neutral term in that it doesn’t connote or denote anything beyond that which it is — the first impression of the outward appearance.  But when that same term is applied to human beings or other contexts, it takes on a secondary implication of doubt, motive, underlying processes or even evil intent that is deliberately being concealed for the nefarious winds that need cover.

We all wear them; some are more adept at maintaining it in order to conceal and veil; while others can only establish it for a short period, then confess to all that nothing beneath was meant to harm.

For Federal employees and U.S. Postal workers who carry a facade in order to conceal the medical condition that continues to debilitate, deteriorate and prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the strain upon one’s psyche can be enormous and trying.

Over time, the facade must by necessity begin to crumble, to fade, to unravel and reveal; it is the inevitability that is often so fatiguing.  When the critical point of intersection occurs — where the priority of the medical condition surpasses the need to maintain appearances — it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

At some point, we all have to become “real”, and the facade that hides the face of a building does so without concealing anything precisely because there is no “there” behind the face; but the human being that puts on the Noh mask cannot for long maintain the facade that conceals the human suffering within.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Initial Stage

There are multiple stages in a Federal Disability Retirement process.  The term “process” is used here, because it is too often the case that Federal employees and U.S. Postal workers who engage this administrative procedure, fail to realize that there are multiple potential stages to the entire endeavor.  That is a mistake that can come back to haunt.  One should prepare the initial stage “as if” – as if the Second, Reconsideration Stage of the process may need to be anticipated, and further, invoking the rights accorded through an appeal with the U.S. Merit Systems Protection Board.

Why?

Because that is how the Administrative Specialists at the U.S. Office of Personnel Management review each stage – and especially the initial stage of the process – by reviewing the weight of the evidence, conformity to the existing laws concerning Federal Disability Retirement, and considering whether or not an initial denial will involve much resistance at the Reconsideration and subsequent stages of the Administrative Process.

Every Federal Disability Retirement application put together by the Federal employee or U.S. Postal worker  and submitted through one’s own Human Resource Department of one’s Federal Agency or the H.R. Shared Services facility in Greensboro, North Carolina (where all Postal Federal Disability Retirement applications are submitted and processed), whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is considered “valid” and a “slam dunk” – precisely because the person preparing the Federal Disability Retirement application is the same person who daily experiences the medical condition itself.

How can OPM deny my claim?  I cannot do essential elements X, Y and Z, and the doctors who treat me clearly see that I am in constant pain, or that I am unable to do certain things, etc.

But the Federal or Postal employee preparing an effective Federal Disability Retirement application must understand that there is a difference between “having a medical condition” and proving to a separate agency – the U.S. Office of Personnel Management (an entity who will never know you, meet with you or otherwise recognize your existence except in relation to a case number assigned to every Federal Disability Retirement application submitted to Boyers, Pennsylvania) – that such a medical condition no longer allows you to perform all of the essential elements of your official position.

Preparing one’s case for the Initial Stage of the process is important in establishing the foundation for the entire process itself.  It is not merely a matter of “filling out forms”; it is a matter of proving, by a preponderance of the evidence, that one’s medical condition has a clear and unequivocal nexus to the capacity and ability to perform the essential elements of one’s job.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Narrative Recanted

The ability to expunge, extinguish or recant is only available to the extent that memory serves us well; for, as the last veteran of a war once fought follows to a grave avoided in the skirmishes and battles long forgotten, so the discarding of memorialized narratives will survive long past, or be placed upon the dusty shelves of books unread and periodicals unsealed.

Human memory itself, of course, is fickle and fraught with errors of judgment and contextual intermingling of past vestiges, present impressions and future anticipatory angst of what should be; thus do short stories and novels of Dickensian genres magnify the perspective from a child’s memory of slights and wrongs committed.  It is when the written form is completed, that we are locked into the truth or falsity of an otherwise remembered past.

For Federal employees and U.S. Postal workers who prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the narrative Statement of Disability as propounded, explicated and sealed on SF 3112A becomes the foundation of one’s application.  For that is where the facts, figures and featured fellowship between one’s medical condition, the work one engages in, and the nexus between the two will determine the evaluative force and analytical judgment of the Administrative Specialist at the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Once the Federal Disability Retirement application is submitted to Boyers, Pennsylvania, and a CSA Number is assigned, the content of the narrative statement is accepted and ensconced in stone; medical conditions cannot be “added”, but they can follow the course of substantive inclusion; and nor can the narrative be recanted, despite differing memories diverging from the written Statement of Disability as submitted to OPM on SF 3112A.

As such, one must take care in the preparation, formulation and filing of an OPM Disability Retirement application, for the narrative recanted must be withdrawn, but the residue of past submissions may remain in copied form in the unforgiving files of a bureaucracy which never discards anything, even unto the dustbin of history.

Sincerely,

Robert R. McGill, Esquire