U.S. Merit Systems Protection Board & Disability Retirement: The Quiet Case

There are a significant amount — of the one’s without a fanfare, no formal MSPB opinion, but nevertheless, a “win”.

Many Federal and Postal employees get to that Stage — Stage 3 — an appeal to the U.S. Merit Systems Protection Board.  At this Stage, all reasonable attempts to persuade the medical specialists at the U.S. Office of Personnel Management have failed.

At the First Stage of the process, you filed your best shot and provided the utmost of medical documentation, but they denied you, anyway.  Perhaps it was because your previous year’s performance ratings were excellent, and you may have even received a cash award.  Or, maybe the medical opinions of your doctors were not sufficient.  Maybe OPM wasn’t persuaded that your condition would last at least 12 months.

Whatever the reasons, you had to go through the Second Stage of the process — the Reconsideration Stage.  You gathered whatever else you could, and submitted it within the timeframe allotted.  You hoped for the best.  When the denial came — the Second Denial — you knew you were in trouble.  The MSPB?  How are you going to maneuver through that complex maze before an Administrative Judge?

And this is essentially the “last stop” — for, if you don’t win it here, you will likely not prevail at a Petition for Review, and going to the Federal Circuit Court of Appeals is prohibitively expensive, and likely not winnable.  Yet, the MSPB opens up a great opportunity — for, what most people don’t realize, is that it is an opportunity for “the Quiet Win”.

Before you ever go to a Hearing on the case; before you have to prepare your Pre-Hearing Submissions — it is an opportunity to listen carefully to the OPM Representative assigned to your case.  If you listen carefully, you will have the opportunity to quietly and behind the scenes, submit additional evidence which could result in that 2.5 Stage of the process — between the Denial of the Reconsideration Stage and the Hearing before an Administrative Judge at the MSPB.

Of course, it will help if you also have an experienced FERS Disability Retirement Attorney involved, who can help you through the “Quiet Case.”

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Attorney Help: The Hammer or Screwdriver

They are two different tools or implements; of the latter, a connotation not of the tool itself, but the approach to take.  In grammar (do we even teach that in schools, anymore?), the term “implement” can be either a noun or a verb.  As a noun, it is a tool, utensil or other piece of equipment.  As a verb, it means to act upon a decision made or plan devised.  In either meaning, it is the application of X upon Y, as a tool to use or a decision to move forward upon.

As to the specific tools — the hammer or the screwdriver — the application of either depends upon the work to be done.  As metaphors, they denote differing approaches.  The way of the hammer is to pound whatever it is which needs to be driven in; the approach of the screwdriver is to slowly and methodically twist and turn the screw until it attaches and secures the two or more surfaces which previously remained separate and apart.  The manner and approach between the two differ considerably, but both in their completion manage to do the job required.

In Law, the two approaches require thought and planning.  The “hammer” approach, of pounding the law aggressively; the “screwdriver” way, of a quieter, more persuasive tone.  The choice between the two depends upon the circumstance, the audience, the goal and the plan.  For Federal Disability Retirement applicants, the manner and approach of applying the law is important.  What you say; how you say it; the hammer approach or the screwdriver manner — that is the province of an experienced lawyer.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and consider whether in preparing, formulating and filing an effective Federal or Postal Disability Retirement application under the Federal Employees’ Retirement System (FERS) with the U.S. Office of Personnel Management, you should use the hammer approach, or the screwdriver methodology.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Postal & Federal Employee Disability Retirement: Aimless Wanderings

“Aimless”, of course, points to the lack of an aim — as in a target or a specific destination point.  “Wanderings” can refer to either a mental state or a physical experience of moving from Point A to “somewhere else”.  As a mental state, we all daydream and meander about in a thoughtless fashion; of traveling within our inner consciousness from one conceptual bubble to the next; and sometimes — or often — these thought processes are “aimless” insofar as the creative mind does not necessarily involve a strict, logical sequence of thought.

Aimless wanderings are considered, generally speaking, in a negative sense inasmuch as any action which lacks a purpose is often judged to be pointless.  However, not all aimless wanderings, whether of a physical nature or of a mental state, are intentional.  Sometimes, being lost is a phenomena where fault cannot be ascribed, and so we aimlessly wander about in an attempt to find our bearings.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition itself makes a person feel as if he or she is aimlessly wandering about concerning one’s future, career goals, etc., you may want to consult with a Federal Disability Retirement Lawyer and consider the options available for your future.

Aimlessly wandering about in the morass of a bureaucratic process — that of filing for Federal Disability Retirement benefits under FERS — will not necessarily point you in the right direction.  Rather, get the advice of an OPM Disability Retirement Lawyer and have your aimless wanderings become more focused and purpose-driven; for, the future is not some fuzzy destination out in the wilderness — it is an aim just around the corner.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Perspective

Some would argue that it is the basis of everything; that, how we view life, the world around us, the predilections we bring to the table, etc. — it “colors” how we approach and, ultimately, how we live our lives.

At the foundational level, it brings to the fore the question, “Is the cup half full, or half empty”?  Do we wake up and face the world with a smile, or with a frown?  How do we approach problem-solving: As a challenge, or as a groaning addition to that list of difficulties we must face?  How much childhood and upbringing has as an influence upon one’s perspective is arguable; or of the age-old question, Is it Nature or Nurture?

We all have good and bad days, but it is the long-term perspective which matters most.  We live lives constantly harried and seemingly without purposeful intent; from one crisis to another, and just to maintain our standard of living or keep our heads above water, afloat upon a sea of troubled waters.  Through it all, it is our perspective which ultimately soothes and guides, like the sails which catch the westerly winds and allows for smooth sailing even during those times when the heat of the day may seem like an unbearable period of directionless ineptitude.

Keeping a positive perspective is difficult in a life filled with difficulties, 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 worker from performing one or more of the essential elements of one’s job, the future may sometimes appear bleak and eternally negative.  Who was the wise person who stated, “If you don’t like the weather, wait a while. It’ll change”?

Consult with an experienced attorney about filing for Federal Disability Retirement benefits under FERS; while getting a Federal Disability Retirement annuity may not change your life, it may alter your perspective such that the future may shine with a glimmer of hope.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: Errors Compounded

We all make mistakes; that is a given, and one of life’s irrefutable truisms.  Aside from the Pope and the untouchables in the movie industry, errors are committed daily, and spouses are there to make sure that we recognize the ill-conceived nature of perfection’s boast, no matter how much we try and cover them up.

An error is forgivable; a repeated error, sometimes laughed at; but errors compounded which could have been avoided are often the ones that retain the lasting vestiges of damage unable to be undone.  Every now and again, you come across a misprint in a newspaper; that is almost to be expected, because newspapers have a deadline, and even with the aid of technological editing in conjunction with the human eye, the rush to print will almost always prefer the tortoise’s path of guarantee.

When one comes across an error in a book — a misplaced word, a misspelled adjective or a skewed layout; well, that is an exception, given the fact that there are less constraints to rush to print, and multiple eyes should have caught the mistake.  If the book becomes a classic, it may well be more valuable with the misprint or error; if it is further enhanced with the author’s autograph, it becomes priceless.

For the rest of us, we simply try and trudge through the self-evident fact of life, that we all commit errors; what we try and do is to prevent errors from compounding.

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, the key is to try and not makes errors in preparing, formulating and filing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management.  Yet, how can you do that if you don’t know the entirety of the administrative process called “Federal Disability Retirement”?

Errors compounded, in the end, often comes about because of lack of knowledge, and to gain that knowledge, it is often a good idea to consult with an “expert” who specializes in the subject-area that one pursues.  For preparing, formulating and filing an effective Federal Disability Retirement application, you may want to first consult with an attorney who specializes in Federal Disability Retirement Law, if only to avoid those errors compounded.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Information: Truth and Falsity

There is much discussion about the nature of truth and falsity in our world — if, indeed, shouting and counter-shouting constitutes discourse rising to the level of a “discussion”.  Whether there is Truth with a capital “T”; or are there various versions of multiple “truths”, where my truth is just as valid as your truth, and falsity as merely the negation of yours at the sacrificial behest of mine?

There are apparently “truths”, “alternative truths” and “parallel truths”, and perhaps all of them can “get along” and vie for the vaunted position of the lofty “Truth” with the capital “T”, so long as we all don’t roll upon the carpet with laughter within our bellies demeaning the statements made by various politicians claiming a corner of their truth as opposed to the truths that we all know to be true.

The truth is, Truth can take various forms, and it is the subtle distinctions that are lost in the inane discourse of modernity where relativism, lies, inaccuracies and the capacity to conflate and confuse have made it all “bosh”.

To begin with, there is a presumption of a truthful statement — otherwise, the entire concept of a “lie” would become meaningless.  Then, of course, there are statements of truth that are contextually relevant, as in the statement, “I am staying home today with my sick child.”  If such a statement were to be declared on another day, it may be an untruthful statement.  Furthermore, personal experiences attached to statements undermine the objectivity and universality of the utterance, as in the simple declarative, “I feel good today”.

The very concept of truth and falsity is much more complex than the simple and inane discussion that has developed from the recent discourse of truths, alternative truths and what constitutes factual statements, inaccurate ones or outright lies; but suffice it to say that most people can recognize the difference between truth and falsity, just as people know the difference between day and night even if there are shades of twilight and dawn.

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 worker from performing one or more of the essential elements of his or her Federal or Postal job, the distinction between truth and falsity is represented by the stark reality of the medical condition itself, and may often determine the course of future actions yet to be contemplated.

The truth:  The medical condition is beginning to impact my ability to perform my job duties at work.  The falsity:  If I just ignore everything, it will all just go away and I will wake up from a bad dream.  And the subtle distinctions like the dawn of light or the quietude of twilight: Federal Disability Retirement is not something that I want to choose, but it is the best option available for my situation.

Sometimes, it is not the stark choice between Truth and Falsity that matters, but the option taken must take into account the contextual reality of what is —that is, if you can even know these days what the definition of “is” is.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal Employees: Last

It is a peculiar word; for, it can mean both the final, end and trailing subject remaining in the far recesses of a sequence, likely to be forgotten and – except for the Biblical reference where such an entity can be accelerated to the front of the proverbial line – surely to be abandoned; yet, it also connotes endurance, the capacity to outfox others in similar circumstances, and the symbolic appearance of vitality and energy.  “Oh, that’s the last thing in the world you want to buy”, goes the dismissive utterance in considering that which is not of significance or relevance as a priority to be considered.  And:  “That’s one of a kind – it will last forever,” comes the accolade showered upon a product of excellence.

How can a single word comprised of four letters – the required singular vowel and the remainder of consonants surrounding like a moat protecting the castle encasing and elevating the royalty of linguistic peculiarities – possess such a diversity of meanings, like antonyms inherent in a conglomerate of a sole voice conflicted and yet without self-contradiction?  Is it like the grammatical equivalent of a tortoise in that famed fable who is considered always to be last, yet endures the scorn and scoffing of an audience that has no clue about that which will last beyond the ordinary circumstances of normative equivalency?

Yet, despite its innate complexity of meanings, ordinary people every day use it with aplomb, confidence and without any internal sense of being confounded by the challenges posed.  You don’t have to earn a higher-level degree or spend years of hermeneutical turmoil in order to offhandedly fling about in the daily language games engaged.  “I hope the good weather lasts”; “We’re the last ones in line”; “It is bad manners to take the last one”; “The parties hope for a lasting peace”.

For Federal employees and U.S. Postal employees who need to file a 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, the process of enduring a Federal Disability Retirement procedure will have a lasting impact upon the Federal and Postal employee, and this is especially true whether the Federal or Postal employee is the last person standing, in a proverbial sense, and often that is how the Federal and Postal employee feels – as if he or she is the last person in the Federal Agency or Postal facility to be considered for anything, because he or she is targeted as that last bastion of a thorn in the metaphorical backside of a lasting fight against the last thing the Federal Agency or Postal facility wants to deal with – the last man standing who will last through the harassment, intimidation and adversarial process of a lasting Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Government Employees: Latent dignity

There are people who, by their very carriage, command respect and deference; it is like the royal crest without intimate knowledge of lives or spoilage in whispers behind shuttered windows – it is just presumed.  Does man possess a latent dignity beyond the carrion of an eagle’s flight?  Are we, indeed, just below the angels, and above the fray of predatory delights?

Ah, but lest we forget the devastation wrought upon the concept of man, history and the inheritance of lineage, when materialism became the birthright of man and the genetic predisposition as espoused by the paradigm proffered by Darwinism became the penultimate penumbra of the image we carry forth of ourselves; and when we discarded faith in angels, affinity to the noble character of man, and association in the exclusive club of rationality as the essence of being – once these were ignored, dismissed and derided, then we refused the rightful inheritance of our rich ancestry.

Of what dignity, latent or expedient, may we claim, now?  How, and with what birth right, can we stake the soul of a mere mortal who reaches as the epitome of being nothing more than the cadaver upon which vultures feed?  Once discarded, the metaphysical lineage of man disappears, and any transcendence of being – whether of the three parts of the soul or even the road to Mecca – they have been forsaken for the eternal gluttony of human appetite.

Once, when wars were fought not for oil nor the glory of mercenary satisfaction, but words of honor and fidelity, for family, country and salvation of souls; and not of mere seedlings left for others to starve upon, but for things we once believed in, had faith of, and sought the worth of sacrifice in a universe otherwise left to others and countless ineptitude of bureaucratic morass.

There was, once upon a time, a story for mythology to fill; for giants to slay, dragons to conquer, and pathways to forge without fear of retribution.  But, somewhere along the way, something strange happened; we lost faith, left behind tradition, and allowed the foolishness of youth to prevail and rule upon the rationality of man’s heritage.  Beauty was accepted as the glamour of a television show; substance was interpreted as a funny one-liner on a late-night comedic episode; and instead of Western Civilization’s tradition of gratitude, humility and love of neighbor, we were suddenly left with nothing more than the emptiness of materialism and the promise of nothing more than death, decay and an unmarked tombstone with etched markings which merely revealed the beginning of life and the end of living.

In what promise, then, do we knock upon the door for that latent dignity we define as man?

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 engaging in that most meaningful of projects – one’s career, work and vocation of choice – because of the very medical condition itself, there comes a time when the harassment, intimidation and demeaning conduct perpetrated by the Federal Agency or the U.S. Postal Service must be stopped.  Sometimes – and often enough – that plan of stoppage can only be sought and embraced through the effective preparation, formulation and filing of a 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.

Only by moving beyond the arena of demeaning venues of life can we attain a status and stature of latent dignity; for, it becomes clear in this age of modernity, that such dignity is no longer latent, but remains for the individual to assert and declare, and not allow the silence of the lambs to drown out the pureness of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Alliteration of Life

Cathartic calamities caused creatively cannot cooperatively contain characteristic contents clearly coordinated contumaciously.  Sometimes, the insistence upon form can result in the nonsensical loss of clarity in substance; life often reflects the absurdities we establish by convention and societal imposition, and we pay the price for it.

Life is like being a letter in a series of alliterative words; we are helpless in being attached, but cannot dissociate ourselves, separate one’s self, or otherwise excise the offending aspect.  We are forever wedded like the proverbial two peas in a pod, with an incessant but futile search for a seam to burst out.  The problem, too, is that it may all sound proper and profound; but beneath the surface of consonant melodies and mellifluous motions of letters harkening back with pleasantries of sound, sight and solace, the reality of it is that the emperor with no clothes needs to be called out, lest the closeted secrets remain dormant.

Medical conditions tend to make of life an alliteration of sorts; squeezed between the implanted word in front and crushed by the one behind, we are left without choices in being a pawn in the cycle of life’s fate.  Like the word that sounds melodious as it rolls off the tongue of the creator, we keep trying to fit in despite the absurdity of the substance and content.

For Federal employees and U.S. Postal workers, such a metaphor of life is well-known.  Despite being stripped of dignity and design, the Federal or Postal worker suffering from a medical condition is treated as half-human, half-worth and half-baked.  They are relegated to the corner office, the basement of windowless reserves, and raked over the proverbial coals to perform menial tasks meant to humiliate and defeat.  But it all “sounds nice” — the courageous attempts by the agency to accommodate; the superficial empathy shown by supervisors and managers; it is all meant to soothe.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often seen as just another daunting task, an obstacle placed in front of the already-stretched limits of the Federal or Postal employee; but then, what choices are there?

Like the alliterative words caught between others just because of the consonant attached, the Federal or Postal worker with a medical condition represents the alliteration of life, and preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is merely another reflection in the pond of life, provided productively as previous payment portending possible potentialities progressively purchased.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Purgatory Reverie

The state of the intermediate, the surreal loss of traction in suspended animation; of trying to jog on ice, or to reach a destination traveling on a treadmill; this is a sense one is left with in dealing with a juggernaut of a bureaucratic morass.

In this day of immediacy, where the instant satisfaction of wants and the now of gratifications is met and reinforced by the push of a key, the click of a mouse, and touch of a sensor; and as virtue is no longer looked upon as a necessary ingredient of character, but rather an irritating obstacle to a material goal, so patience cannot be wanting where fissures have widened to such an extent that chasms have created chaos.  Planning ahead is always the key to the timely confluence of achieving the stated goal.  And then some. And perhaps even to multiply the waiting time by a factor of 2.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of one’s job, it is precisely that inherent self-contradiction of the constancy of being forever suspended, which gives rise to frustration and turmoil.

Much of it is in anticipation of what the Agency, or the U.S. Postal Service, will or will not do.  Will they initiate an adverse action during the process?  Will they approve the discretionary LWOP request?  Will they “support” the Federal Disability Retirement application, or attempt to undermine the procedural march towards OPM’s approval?

Waiting upon an agency is never a good idea; neither in deciding to move forward on a Federal Disability Retirement application, nor in trying to make an educated guess as to what the agency’s reaction would be (or, in dealing with one’s agency, is it an oxymoron to concurrently use the terms “educated” and “guess”?).  Agencies move at their own pace, and do what they want, when they want, as fiefdoms and totalitarian republics are decidedly meant to provoke.

It is never a good idea to make one’s decision concerning preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, by waiting upon an agency’s actions; for, the immediacy of ignorance may never come about, or suddenly be initiated yesterday; and as purgatory is in and of itself a reverie of angels suspended in timeless harpsichords of orchestrated serenity, so the ill Federal or injured Postal employee who thinks that it is a good idea to wait upon the Federal agency or the U.S. Postal Service before initiating a Federal Disability Retirement application, will of course remain lost in the long and winding road leading to the pearly gates of tomorrow.

Sincerely,

Robert R. McGill, Esquire