FERS Disability Retirement: Of Grief

Chekhov was a medical doctor and knew about death, human suffering and the plight of spectrums involving emotional turmoil.  His profession as a doctor resulted in encounters with human suffering; his love for writing often reflected the experiences gained from his medical profession.

He possessed a profound comprehension of grief, and his short story, simply named, “Grief”, conveys the two-tiered phenomena involving that very fundamental human emotion: The feeling or sense of grief, to begin with; but further, the need for the grieving person to tell his or her story fully, and in so doing, coming to terms with the loss which is the basis of grief.

Every loss, to a greater or lesser degree, results in some sense of grief, and death is not the only basis of that most brutal of emotions.

For Federal Government employees and U.S. Postal workers who suffer from a medical condition such that the health condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, part of the grief felt is the loss of one’s career, of a diminishment of finances, of reduced circumstances and the severing of that collegial sense of working at an agency.

Filing a Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management can be a difficult choice. To do it effectively and properly, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and allow that emotional turmoil of grief be somewhat blunted by having an experienced advocate do much of the groundwork on your behalf.

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.

 

OPM Disability Retirement Help: The Fairytale Life

Every now and again, we hear about someone like that — how he or she “lived a fairytale life”.  That is, of course, until the details and private murmurings have been thoroughly vetted.  A good rule to follow is: If you like a certain artist, musician, writer, actor, etc., and you hold some moral qualms about right and wrong, don’t research too much into the details of that favorite person, for the chances are, you will likely be disappointed.

The Fairytale life is the public appearance; for, in the end, such a depiction is merely the “tale” as noted in the title, and tales are fictional accounts as opposed to a biography or an investigative report.

To a greater extent, we all have such tales — of the pubic persona and the One-dimensional aspect of our lives.  Some things, we hide deliberately.  Other things, we have forgotten about, put behind us, or merely fail to mention because of lack of context, embarrassment or shame.  Other things — like a chronic and increasingly debilitating medical condition — we hide and push through in order to keep our jobs.

For Federal employees and U.S. Postal workers who suffer from a medical condition but appear to others to live “the fairytale life”, there may come a point when the privacy of your medical conditions clashes with the public persona of your Federal job.  At that juncture of contradiction, you may have to consider filing for Federal Disability Retirement benefits under FERS, and at that point, you may want to contact an experienced OPM Disability Lawyer who specializes in Federal Disability Retirement Law.

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.

 

Qualifying for FERS Disability Retirement: How Hard is It?

That is a question which is entirely dependent upon the individual facts and circumstances of the case at hand.

Everyone would like to believe that his or her Federal Disability Retirement case is a “sure thing”.

Some attorneys, perhaps, offer a “money-back guarantee” — but what is such a guarantee worth?  To merely return the money, or some portion of it, if a case has failed to be approved?  How hard do you think such an attorney will fight for your case if it gets denied at the First Stage of the process and it appears that the U.S. Office of Personnel Management is going to fight to deny your case at every level of the administrative process?

There are few, if any, “slam dunk” cases, and OPM is a Federal Agency which guards its territory as if their life depended upon it — and well they should, as every Federal Disability Retirement application should be scrutinized to the extent that each must meet the legal criteria for approval and valid viability.  But that is where the dispute and the battleground exists: It is the interpretation of the law and its interpretive application to each individual case.

Contact an OPM Disability Attorney who will fight for an approval of your Federal Disability Retirement case — one who has the experience, wisdom and fortitude to aggressively pursue your Federal Disability Retirement benefits, no matter how hard it is.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Memory of Time

Ogawa’s novel, The Memory Police, is a dystopian narrative with an interesting theme: How long do memories last upon the disappearance of a person or thing?

In the novel itself, of course, the memory is somehow erased concurrently with the disappearance of the entity; but in real life, how long are we able to hold onto a cherished memory — of a person whom we were fond of; of an event or occurrence which was significant in our lives; of an object no longer in use?

Who remembers, for instance, those “bag phones” that we plugged into the cigarette lighter of our car?  Or of days when a horse was the only mode of transportation?  Is the art of knitting quickly vanishing because people no longer have the time to engage in an activity which not only takes time, but requires patience and sustained sedentary focus?  And even of days — if all calendars and indicia of days marked and months delineated segments were to vanish, how long would we be able to retain a memory of “time”?

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 memory of time is often a vanishing of that time before the medical condition began to have its impact upon you.  There was a time before the medical condition; now and for the immediate future, it is the focus upon that medical condition which seems to dominate everything.

Consult with an attorney who specializes in FERS Disability Retirement Law and begin to consider a time before, when the Memory of Time was of a time when your Federal or Postal career was not dominated by a memory of constant harassment by your agency or the Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Stresses

The bombardment of stimuli is an unavoidable constancy.  We may not even “know it” or may not be conscious of the surrounding and indirect data being taken in, but the lights, sounds, peripheral data and sources of distractions all vying for our attention nevertheless impart their silent screams for our reaction and response — and our “subconscious” selves take it all in, process it, and determine which course of action will appropriately take care of it.

Tolerance for it depends upon each individual.  The level of one’s capacity to withstand it; to avoid it; to ignore it; to subsume it into the body of our everyday existence is likely dependent upon one’s DNA and the circumstances of our upbringing.  Does everyone have a “flashpoint” of breaking?  Likely.  Are some able to tolerate greater levels of stresses than others?  Yes — although, most of us think that we are that “exceptional” individual who can withstand to greater heights than others, when we are more likely no different; we just hide it better.

It is often the foreboding of an uncertain future which provokes the greater stress; that, combined with the unexpected, together portend an intolerable level of heightened fear.

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 stresses that one must tolerate are multiple and overwhelming: Dealing with the medical condition itself; the uncertainty of one’s future with the Federal Agency or the Postal Service; the stresses of the demands made by the Federal Agency or the Postal Service; and the unpredictability of a Federal Disability Retirement application with the U.S. Office of Personnel Management.

While such stresses can never be completely eliminated, it is the confidence going forward that certain of them may be contained, restricted or ultimately resolved, may be better dealt with by getting some answers by consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM FERS Disability Retirement: Coordination of Elements

There is no question about it: It is a complex process.

Administratively, it must be passed through multiple levels of agency review in order to get a completed packet — the Supervisor’s Statement (SF 3112B); Agency’s Efforts for Reassignment and Accommodation (SF 3112D); effectively answering the Applicant’s Statement of Disability such that it provides the proper nexus between each of the questions on SF 3112A — for, although it may not be so obvious, the questions must both be answered separately as well as viewed in the totality of each as being a component fitting in with each other, in order to answer it to completion.

Then, there is the coordination of internal and external elements, and the intersecting impact within and without — of a medical report effectively prepared and consistent with the history of treatment modalities; of a nexus persuasively argued establishing the connective impact between the medical condition and the essential elements of the Federal or Postal job elements; and the interconnectedness of essential elements to the physical or cognitive inability to perform one or more of the essential elements, etc.

Throughout the process — whether for a denial and a rebuttal response at the Reconsideration Stage, or at the initial preparation stage in the First Stage; or, even of an appeal to the U.S. Merit Systems Protection Board — the coordination of elements is important in preparing, formulating and filing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management.  Consult with an attorney who specializes in FERS Disability Retirement Law in order to more effectively establish the coordination of elements.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Answering the question

What constitutes “answering the question”, and more importantly, how does one determine when its opposite occurs — NOT answering the question?  Does the former occur if the questioner fails to follow up, and does the latter become an issue if the person asking responds with, “That doesn’t answer my question,” or some such similar declarative assertion?

Take the following hypothetical:  Person A asks Person B, “So, where do you come from?”  Person B answers, “The skies of Normandy were grey on that June day in 1944.”  Now, Person A could have various responses to such a statement, as in:  1.  “No, no, I asked where you came from.” 2. “Are you telling me that you come from Normandy, France?”  3.  “That doesn’t answer my question.”  4. Or, silence, with no follow-up.

Person B, of course, could similarly respond in variegated ways, as in:  A.  “I just told you.”  B.  “Yes” or “No” (in response to the follow-up question, “Are you telling me that you come from Normandy, France?”).  C.  Silence, or “Yes it does.”  D.  Nothing further.

It may be that Person B simply has a poetic bent, and from his perspective, the mundane query was answered in a metaphorical, literary manner.  More to the point, however:  Who determines if a question has been answered (leaving aside the further query of whether the answer itself has “sufficiently” or “fully” been responsive to the question) — the one who asks, or the one who answers?

In a normal conversation, of course, the issue rarely comes about; in an argument where one or the other side, or both, are trying to get answers and defeat the other side, the heat of the moment may determine the answer to the question; and the penultimate paradigm of the question, “Who determines whether the question has been answered?” occurs in the highest form during a deposition or cross-examination in the legal arena.

Observing what occurs during a court proceeding is an interesting experience of human behavior; of the back-and-forth between counsels and the witnesses being deposed or examined, as in:  “You didn’t answer the question.”  “Yes, I did.”  “I asked you…”.  “Asked and answered.”  “Objection, the question has already been asked and answered.”  And on and on until a singular point is pursued to an exhaustive level ad infinitum and ad nauseum.

Is the issue of what constitutes an answered question somewhat akin to the question or “original intent” — i.e., that just like an author’s original intent as to the meaning of a written document is what should rule, similarly, the person who asks the question has the sole power to determine whether or not the question asked has been answered, and moreover, adequately and sufficiently answered?

For Federal employees and U.S. Postal workers who are beginning the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, these questions concerning the “answering of questions” will and should come to the forefront when confronted with the questions asked on SF 3112A, Applicant’s Statement of Disability.

Inasmuch as the U.S. Office of Personnel Management has promulgated the questions in a carefully-crafted manner, there are some inherent pitfalls and dangers in what constitutes an adequate response, a sufficient answer and the complete delineation that rises to the level of a satisfactory statement.

SF 3112A is replete with unanswered questions within the very substance of each question, and the answers you provide are best guided by an attorney who has had the experience of legal encounters previously, and who specializes in the Law of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Technically correct

What does a person mean when it is said, “Yes, that is technically correct”?  Does it matter where the inflection resides, or which part of the statement is emphasized?  If greater syllabic magnification is placed on the word itself, whilst the remainder of the sentence is left in a monotone of boredom, is something else being conveyed beyond the mere words declared?

What if the hesitation on the first word is elongated, as in, “Ye-e-e-s, you are technically correct.”?  Or, how about this one:  “Y-e-e-e-s…you ARE technically correct.”?  Further, why do we always expect a conjunction to follow, as in, “Yes, you are technically correct, but…”?  Does such a sentence imply that a person can also be un-technically correct?  If so, what would that mean and what factors would be included in coming to such a conclusion?

What practical or real-life consequences are inherent in the truth of such a statement, such that it might alter or modify our approach to a given subject?  If an engineer is building a skyscraper and turns to the architect and says,” Yes, you may be technically correct, but the entire building could nonetheless collapse” — how is it possible that the architect could be “technically correct” yet mistake the un-technical side of things such that it could result in a life-threatening disaster?

Or, in law, if a lawyer is “technically correct” but might nevertheless lose a case before a jury, does that mean that the “technical” argument in the law may not carry the day because the jury might take into consideration factors other than the law itself in rendering its collective decision?  Yet, isn’t “the law” nothing more than an aggregate of technicalities to begin with, and therefore, does it even make sense to speak of being “technically correct” within the purview of the legal arena?

For Federal employees and U.S. Postal workers who are contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be technically filed with the U.S. Office of Personnel Management, whether technically under FERS, CSRS or CSRS Offset, it may be technically correct that certain legal criteria must be technically met; however, when putting together a Federal Disability Retirement application, just remember that the technically sufficient Federal Disability Retirement application should always, technically speaking, contain an aggregation of medical documentation, legal argumentation and personal narrative combined to make an effective presentation, better guided by a legal technician otherwise known as a counselor, attorney or lawyer in this technically empowered universe — technically speaking, of course.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Weekend Survival

The segmentation of time may be artificial; the rhythms of life, are not.  The 7-day week, 30-day month (give or take a couple here and there) and the 12-month cycle constitute human constructs that impose a rigid system of divisions based upon productivity, leisure, an admixture of both (isn’t it universal that Saturdays are spent in doing chores otherwise unattended to during the week, and Sunday is that respite and escape in total destitution of depleted dreariness?) and then a reset button pushed and the beginning of the cycle all over again.

Yet, while the system itself is based upon a conceptually artificial construct, the rhythmic underpinning of nature that glides above and beneath on a daily, quiet but consistent basis remains unperturbed.

That is why Daylight Savings Time makes grouches of us all — it is another artificial construct that jolts everyone from the natural rhythms of monotonous apathy twice a year, and breaks up that flow of biodynamic symbiosis between the planetary rotations, the daily sunrise and sunset, and the body’s reaction to a natural order within the constructs of an unnatural way of living.  The only compensation we feel grateful for is that extra hour of sleep that we are “given” in the Fall — only to have it stripped mercilessly and robbed from us in the Spring.

Thank God for the weekend — those two days of respite and leisure; of restorative rest and a quietude away from the mad dash of work and productivity; and we believe that we owe to the gods our lives and sacrifice our health for those pittance of days that are given to us.  But what are those 2 days worth?

Half of one is given up to do those things that we had no time to do during the five days of labor; the other half, spent in frozen immobility in front of a screen that blasts frightful images both from news of the “real” world as well as stories that are supposedly “entertaining”.  Then, with the one day remaining, we try and compensate for the exhaustion from the previous 5+1, only to wake up the following morning to engage the rush of the work-week that suffers and harms.

For Federal employees and Postal workers who suffer from a medical condition, such that the medical condition becomes a trial of survival during the week in order to make it to the weekend just to survive, it is worse because — not only is the “natural” rhythm interrupted by the medical condition itself — days, weeks and months all meld and melt into a singular whole of survival and consternation of life’s trials.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the only option remaining in order to re-order the rhythm lost in the daily struggle to reach that weekend survival where the cycle of life’s natural rhythm has been shattered by the trauma of a chronic medical condition.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those intersecting connections

We hear all the time about the shrinking world, the smaller universe, the global village – all metaphors to help and understand, to comprehend and be able to withstand within the insanity of a world that continues to intrude, intersect and impose itself upon every corner and aspect of lives lived and daily interrupted.  It is a way for people to cope with the fact that we can no longer avoid the reality of those intersecting connections from worlds, cultures and universes that make up the daily reality of our walking lives.

The newspapers globalize each and every issue; the television and cable news outlets care little for local news unless it, too has some national consequences; and so we live with the anomaly that the only time you might hear about your own hometown is if some horrific event occurs that other people in other towns might care about.  And, even when a story is reported about an event that occurs just around the corner from the news station, headquarters or whatever manner of identifying the central place where all of the equipment, studios and personnel gather to emit their airwaves of newsfeeds, they act as if it is occurring in some distant county or country, with perhaps a bit of weeping as an afterthought with a statement like, “And it makes it all the worse because it happened just in our own neighborhood!”

The world is indeed one comprised of intersecting connections, and we voluntarily allow for those connections to make our own perspectives molded into “theirs” by inviting various cable channels into our living rooms.  Do we really have a choice?  Can we just remain ignorant and ignore the reality of the global economy, the extended village and the universal concerns of the day?  How do we live with the complexities of intersecting connections, when we can barely deal with the local problems that beset us within the cocoon of our own lives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the daily ability and capacity to perform all of the essential elements of the Federal or Postal job, the microcosm of intersecting connections may well be magnified to a level where it competes with what is occurring on a more global scale.

Suddenly, the Federal Agency is moving to put pressure on you – like those competing foreign companies you hear about in the world economy.  Or, the Supervisor is no longer being cordial – somewhat like the world leader who doesn’t return calls to the President.  Coworkers no longer treat you as an equal – like nations that suddenly go rogue without explanation.  You have to file a complaint – like submitting to a U.N. vote for sanctions.

We have all been groomed and prepared to think in terms of intersecting connections, but for the Federal and Postal employee who suffers from a medical condition such that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity, it all comes back to a more local and personal connection: one’s health, and the need to focus upon one’s personal life.

No matter how global the world has become, never forget that it is the personal life of close connections that really only matters in the end.

Sincerely,

Robert R. McGill, Esquire