OPM Medical Retirement Under FERS: Life’s Distraction

Many are needed; if not for sanity’s sake, then merely to allow a person to focus upon something else, before re-focusing upon the more primary tasks at hand.

Life’s distractions are normally healthy endeavors — of hobbies engaged, the entertainment and leisure to be enjoyed, of the pleasures of relationships, kids, family, vacations and weekend warrior engagements.  A pick-up game of basketball; a summer league of regularity; a child’s wish for a father’s overly-exuberant cheering; or even of a quiet evening spent engrossed in life’s distractions.

There are, as well, negative distractions — of problems to be solved; of aging parents and their chronic needs; or of a medical condition becoming more than a distraction, where it becomes the primary focus of impending impediments.

In general, life’s distractions are meant to be just that — something which takes away, for a period of time, in order to allow for a person to get back to life’s primary endeavors.  But when that distraction itself becomes the focus of life’s primary endeavor — as when, for a Federal or Postal worker whose medical condition begin to prevent one’s ability and capacity to perform the essential elements of one’s Federal or Postal job — then it loses its status as a mere distraction, and must be attended to in some direct fashion.

For Federal employees and U.S. Postal workers who need to contemplate initiating the process of filing for Federal Disability Retirement benefits under the FERS system, contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and let not life’s distractions become the mainstay of the many problems we must face on a daily basis.

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 Retirement Help: Formality of Speech

What is the purpose of language?  Is it merely to be able to maneuver within and through this world — to be able to point to Object-X and declare, “I want that”; to issue commands; to engage in conversation; to argue a point?  Does it matter “how” one speaks, so long as the message is adequately conveyed or, is the formality of speech important?  Are there circumstances where formality is significant, even important, as opposed to the informal languages games which are bantered about among friends and intimate partners?

Does the language game of “Law”, for example, lend itself naturally, or even by necessity, to a semblance of formality, as opposed to the linguistic informality observed when a group of friends watch a football game?

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, you must understand that Law as Formality of Speech lends itself to a seriousness of tone — of application of the legal rulings; the mandate of “must” in statutory language; and the logical argumentation which expresses a tenor of authoritative commandments within a specific language apparatus.

It is the job of a FERS Disability Attorney to convey the formality of speech as a lawyer, and it is in the very content and context of such formality which often wins the day in a Federal Disability Retirement application under FERS, before the U.S. Office of Personnel Management.

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 Retirement: That Fleeting Feeling

Camus thought that our lives are based upon an absurdity — Of Happiness being the constant goal, and yet of so much of the population living in abject misery.  If happiness is merely an emotion, then it is indeed a fleeting feeling which can change like the weather, like changing seasons, as the direction of the winds and what we have eaten.

He studied the Greek Classics and determined that the absurdity of the human condition had arrived at a crisis point, much to be attributed to the fact that we had lost our sense of humanity, as well as that fleeting feeling.  He was not a pure idealist; he had witnessed the cruelty of humanity during WWII; and when others were ready to “move on” as if the crisis had been resolved, he recognized early on that the crisis was just beginning.

Compassion and empathy — those human qualities which could be cultivated as unique characteristics of a species — could be nurtured.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s career as a Federal or Postal employee, the time to prepare an effective Federal Disability Retirement application under FERS may have arrived.

Do not, however, expect your agency to display those unique characteristics of compassion and empathy — or even understanding. That fleeting feeling that your agency cares — put that aside.  Instead, contact a FERS attorney who specializes in Federal Disability Retirement Law and begin the process of protecting your rights under the Federal Disability Retirement laws and regulations.

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.

 

Early Retirement for Federal Employees with Disabilities: Persuasion

Can the written word persuade?  Can “passion” be elicited by a series of letters, dots, crossing “t’s” and other such grammatical nuances?

Certainly, when language is spoken, we often hear discussions about the “passionate” delivery, or the fact that the speaker was “fiery”, a “true believer”, or even “inspiring”, etc.  Somehow, and for whatever reasons, we attach the emotional component of a speaker’s voice with the persuasive force of sincerity upon the words themselves.  Can it ever be “faked”?

We are too often too naive to think not; and that, of course, is what the con-man and the counterfeiter is banking upon.  Persuasion offered by an impassioned voice is much easier than the power of the written word; for, articulated with the right barometer of a voice’s pitch, it tugs at one’s hearts and confuses the otherwise skeptical mind.  A paper presentation must persuade through the force of logical argumentation; for, there exists no voice of passionate conveyance to do otherwise.

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 of Postal job, filing a Federal Disability Retirement application with the U.S. Office of Personnel Management must by necessity be a paper-presentation to OPM.  To be persuasive is thus doubly-difficult, as you must make sure that all of your arguments are articulated with soundness of reasoning and forceful in their legal relevance.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that your method of persuasion matches the substantive weight of you circumstances.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee’s Medical Retirement: A Perspective on Truth

The traditional philosophical arguments surrounding the nature of Truth, the “battle” between “Absolute Truth” and “Pure Relativism”, etc., are too often simplified and reduced to sloganeering and shouting matches which end up being nothing more than accusations as to whether one believes in a Higher Order of Being — or not.  Yet, it is often a perspective upon appearances which determines the “truth” of a statement.

Plato pointed this out in reference to the three towers in the distance; if seen from one direction, they appear to be only one; if seen from another, they constitute 3 distinct objects.

The U.S. Office of Personnel Management, in denying a Federal Disability Retirement application under FERS, takes a similar perspective on truth.  They will take each medical condition cited, isolate each and minimize the impact of the separated medical conditions upon one’s ability or inability to perform the essential elements of one’s Federal or Postal position, and by approaching the “truth” this way, can purport to make your case appear “as if” you never had any case at all.

Now, some might critically argue that such an approach is “disingenuous” (i.e., somewhat akin to the “absolutist” argument), while others merely view this as “clever” (i.e., akin to the “relativists”).  The point of OPM’s approach is to make you believe that you never had a chance to begin with, and to have you go away without filing for Reconsideration, thus reducing their caseload by a numerical insignificance until multiplied by an exponential factor of greater percentages.

The way to counter OPM’s argument?  To identify their approach and counter it with a different, more powerful perspective on truth — by further medical documentation and more powerful legal argumentation which makes OPM’s argument impotent and irrelevant.

For, in the end, a perspective on truth must be countered by proposing an alternative perspective on truth — of showing that the three-towers-in-one is a mere illusion and a trick of the eye.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Descending Into

Whether into the arena of the devil’s playground or into insanity, the metaphor always seems to include a descent, and not its opposite, an ascent.  Why heaven is above and hell is below has been lost for its context and underlying meaning; the perspective of “up” as opposed to “down” must somehow be relevant, but science has certainly diminished the metaphorical significance by debunking any notions about time and place.

We now know that the sun does not “rise” and “set” in the rotational movement of the earth; that from the perspective of deep space, there is no “up” or “down”, and that our place within the universe is but a small, insignificant pinhole within the context of a greater universe.  But the human story, regardless of the cold perspective provided by science of an “objective” world, is that we descend into madness, descend into hell, and descend into chaos.

Language is a peculiar animal in this way; it uses its ordinary sense within a culturally relevant context, but when that context disappears or is no longer “alive”, the old manners of usage become an anomaly of puzzles.  Yet, even with its loss of cultural significance, “descending into” somehow maintains its appropriateness when it comes to mishaps, tragedies and difficulties.

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 position, descending into greater chaos and difficulties may be mitigated by preparing and filing an application for disability retirement.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of ascending towards another life beyond the Federal or Postal sector, thus preventing descending into a state of turmoil and possible termination.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Memories of a contented summer

Why is it that the metaphor always applies — where the winter months represent discontent, and the joys of summer evoke memories of pleasure and contentment?  Is it merely in the shift of daylight — of shorter days and longer periods of cold and desolate feelings?  Does the cycle of life’s hibernation, the curling away of leaves and the deadening of quiet where skeletal forms of trees and bundling up in heavy garb, the growth of winter coats and huddling around fireplaces; does this all lead to a feeling of discontent?

By contrast, the shedding of multiple layers; the joy of a crashing wave’s spray upon one’s back; of diving into the cool of a lake’s refreshment of depths; and of walking barefoot across a stream where moss makes the rocks into a slippery slither of shrieking laughter; are the memories of a contented summer a metaphor for our lives in general?

Does winter make the human condition dismal because it is nature’s way of forcing us to slow down?  Is there a message — a lesson — to be learned from the rhythms of nature’s call, or is it just bosh and poetry that can be discarded and forgotten?

Medical conditions, as well, are subtle messages; whether we follow the advice of nature or not, nature seems always to have the last word.  For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prompts the confusion that there is now an inconsistency — an incommensurability — between the medical condition and continuation in one’s job, it is then time to harken the traces of hints, and consider preparing, formulating and filing for Federal Disability Retirement.

Warnings and triggers; reminders and rejoinders; these are the indicators which must prompt a change of course; and while memories of a contented summer are what we all seek, it is the winter of discontent when the medical condition can no longer be ignored, when it is time to seek the counsel and advice of a lawyer who specializes in Federal Disability Retirement Law, in order to prepare, formulate and file an effective OPM Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The daunting process

Many Federal and Postal employees call an attorney for an initial legal consultation because of the “daunting process” involved in filing for Federal Disability Retirement.  And, indeed, the complex administrative process involved in preparing, formulating and filing a Federal Disability Retirement application is a confounding, confusing and complicated process.

From the “how” of responding to the multiple questions on SF 3112A, Applicant’s Statement of Disability, to the quantity, volume and substance of “what” to include; to the issues surrounding what constitutes a viable and legal “accommodation” that may determine the truthfulness of a Supervisor’s Statement (SF 3112B) and Agency’s Efforts for Reassignment and Accommodation (SF 3112D); as well as peripheral issues that often intersect but may not necessarily impact or influence a Federal Disability Retirement application, to include (but not be limited to) EEO filings, a Performance Improvement Plan (PIP) implementation, “Fitness for Duty” evaluations, OWCP/Department of Labor filings that may be concurrently initiated, as well as the reason, rationale and impact of a Social Security Disability filing, etc. — they are all relevant, significant and consequential issues that, in their aggregate compendium of concerns involved, both ancillary and some central to the primary concern of Federal Disability Retirement, should be analyzed, evaluated and considered carefully.

For any Federal employee or U.S. Postal worker who is considering preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted (ultimately) to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of what to do with this “daunting process” can be allayed by first consulting with an attorney who is experienced in Federal Disability Retirement Law, and allowing the “daunting” part of the process to become nothing more than the squeaky mouse hidden in the corner that, before discovering the facts, once sounded like a burglar attempting to break in.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The mediocre medical report

One can, of course, obtain an “excellent” medical report — i.e., one that has full, unequivocal support in providing a clear diagnosis, description of symptoms, impact upon specific job functions, etc., with an unequivocal conclusion of disability beyond the specific elements of one’s job functions, etc. — and yet get denied by the U.S. Office of Personnel Management.

On the other hand, one can submit with a Federal Disability Retirement application a “mediocre” medical report — e.g., one that is generalized and non-specific, and shows scant reference to specific job functions, and provides barely a conclusion of disability, and yet get an approval at the First Stage of a Federal Disability Retirement application.

So, one may ask, where is the consistency shown by the U.S. Office of Personnel Management?  Is it all a matter of perspective — of a crap shoot as to who reviews a Federal Disability Retirement application at OPM?  The fact is, there is no “perfect” methodology that will guarantee that a well-prepared Federal Disability Retirement application will be approved at the First Stage of the OPM Disability Retirement process.

However, there are certainly “chance-enhancers” — those preparatory actions that exponentially increase the A 5-Step Pathway to Success at each stage of a Federal Disability Retirement process — that will help to ensure that, more likely than not (sort of like the legal standard itself — of a “preponderance of the evidence” — that is applied to a Federal Disability Retirement case), your Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, will have a successful outcome with the U.S. Office of Personnel Management.

First and foremost, understand the critical structure of a Federal Disability Retirement application:  The foundation of every Federal Disability Retirement application is the medical report.  It is the foundation of a Federal Disability Retirement application (otherwise referred to as an “FDR”); from it, the legal arguments arise and the justifying Applicant’s Statement of Disability are together formulated.

Thus, just as a shaky building’s foundation will likely fail to withstand even a minor earthquake or a minimal subterranean tremor, so a mediocre medical report will often decrease the chances of a First Stage FDR approval.

Are there ways to counter such mediocrity?  Yes — by pointing out other critical elements of the case. And, of course, sometimes the choices are limited, where it is better to proceed even with a mediocre medical report than not at all, and to put the best case forward regardless of the insufficiency of a mediocre medical report.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: The sparrow

It is a bird that remains unappreciated — that generic entity which, when not identified by the wandering ornithologist, is simply referred to as a “sparrow”.  They are like the “default” bird, unassuming, pervasive, lost in the underbrush of time and history, and are taken for granted in their existence, presence and attraction — sort of like most of humanity.  One doesn’t hear the wandering bird-lover with his or her oversized binoculars strung heavily around a neck that is straining from a disc herniation from the sheer weight of the magnifying mechanism suddenly stop and declare loudly, “Look — a sparrow!”

People walk by throughout the cities of the world without ever noticing the thousands of such generically-forgotten creatures; those brown little blurs that fly about singularly or in large groups; flitting about, searching for sources of food, flooding the air with their chirping and fluttering.  But then, most of humanity is somewhat like the sparrow — in great numbers, never standing out from the rest, and merely trying to break out from the anonymity of life’s toil.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job duties, the sense that can remain as a “sparrow” of sorts becomes less of a possibility — but not because of any unique features that have suddenly been noticed by the plumes of one’s species; rather, you have suddenly been noticed and selectively chosen precisely because of the medical condition itself.

Suddenly, you have become the narrow focus of greater observation:  Leave Restrictions are imposed; your performance is reviewed with greater interest; harassment ensues; the magnifying glass of the Federal Agency or the Postal Service is upon you.

Once upon a time, the sparrow was flying about happily unnoticed, perhaps wishing to be a peacock, not knowing how fortunate it was to remain in the abyss of anonymity.  For the Federal or Postal worker, to be noticed can have some negative effects, and it may be time to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, lest the sparrow that wished to be a peacock suddenly realizes the looming shadow of a predator overhead, bearing down rapidly to end the anonymity that was lost because of a medical condition.

Sincerely,

Robert R. McGill, Esquire