Tag Archives: opm disability retirement processing time 2016

Federal Disability Retirement: Logical Consistency

For even the general population, it used to be that “logical consistency” mattered.  To be “inconsistent” showed a semblance of unreliability, and even of suspicion of truthfulness.  The difference between mere “consistency” as opposed to “logical consistency” is one that demarcates between living a life based upon principles and holding contrary opinions simultaneously.

Thus, a person may live inconsistently — a pastor who preaches fidelity to marriage but is himself a philanderer — but live with great logical consistency in expounding upon his theological belief-system.

In argumentation, the “weak link” is both the logic of the statements posed as well as the consistency of opinions held.  In a Federal Disability Retirement case, “logical consistency” is based upon the appropriateness of the statements made, the medical conditions asserted and the laws which apply in order to meet the legal criteria to become eligible for Federal Disability Retirement benefits.

Mere “consistency” is not enough — i.e., to have health condition, to be unable to perform one or more of the essential elements of one’s job, to be in chronic pain, etc. “Consistency” may get you a step closer to an approval from OPM, but it is “Logical Consistency” — the arguments made, the evidence produced and submitted and the requirements met in a Federal or Postal Disability Retirement case — which will cross over into an approval for Federal Disability Retirement.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest consistency alone fails to get you far enough and logical consistency awakens the slumber that results in an approval from OPM.

Sincerely,

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

 

OPM Disability Pensions under FERS: Faith in Fairies

In a Post-Factual world, it is easier to have faith in fairies.  The universe for human beings has become almost exclusively insular — of being on the computer; of Smartphones dominating the focus, concentration and attention of everyone at all hours, every moment, every minute, etc.

As the age-old “correspondence theory of truth” has been debunked — alas, even forgetting the “correspondence” part, the entire structure of the theory of truth itself has been dismantled — so we need not compare our word games with anything “out there” in the objective world to determine whether or not “what we say” corresponds to “what is out there”.

There are, of course, exceptions to every rule, as in the rule of whether or not human bodies can withstand walking in front of a 2-ton truck traveling at 50 miles per hour, and other such life-endangering events which may not quite correspond with the declarations that “I am superman and indestructible”.

And if you can believe that the earth is flat so long as you are not planning on taking a cruise beyond the ends of the earth; or, even if you are, likely no harm will come to you.  And you can believe in Fairies.  Actually, some Scandinavian countries always believed in them, and apparently have road signs allowing for their safe crossings.

But of more practical matters — like preparing, formulating and filing an effective FERS Disability Retirement claim under FERS with the Office of Personnel Management — you may want to abandon, or at least set aside, any faith in Fairies, and instead to contact a competent retirement attorney who specializes in Federal Disability Retirement Law, lest the correspondence theory of truth might still somewhat apply.

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.

 

Disability Retirement from Federal Gov. Employment: The Viable Argument

In this postmodern era, is there such a thing?  What was once illogical — or, even worse, absurd — is now considered an acceptable and viable argument.

Logical fallacies are accepted; non-sequiturs are fully embraced; whether or not the “middle term” is carried over from the major premise to the minor is irrelevant; and “just because” is nowhere blinked at, as the final conclusion to every argument these days is that “everyone is entitled to his or her opinion” and it matters not whether specific facts undermine a viewpoint expressed.

Thus, does it even make a difference whether or not an argument is “viable” enough?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS, an argument used in attempting to persuade OPM to approve your Federal Disability Retirement application is one which must appeal to the Statute, the Regulations, or to MSPB and/or Federal Circuit Court of Appeals Case-Law precedents.

Yes, there is still a distinction between an irrelevant, weak and inconsequential argument, and a viable one.  The viable argument is one based upon facts, the law, and an irrefutable delineation logical fortitude.  In order to make the viable argument, contact an OPM Disability Attorney who specializes in Federal Medical 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.

 

Federal Employees Retirement System (FERS) Disability Retirement: What We Don’t Know

Age brings us closer to realizing the truth of Socrate’s refrain: That I really don’t know anything or, more to the point, much of anything.

Youth allows for brashness of arrogance; in middle age, perhaps some slight hesitancy; of getting older, one realizes the extent of or lack, and the vast knowledge which we will never be able to understand.  Most people “wing it” — in other words, act “as if” they have some knowledge, that they possess an “expertise” or some secret to an apparent success attained.

Social Media, Facebook, Instagram — these, of course, mask and hide the inadequacies behind the facade of competency.  Few people nowadays admit to an imperfection, a lack of, an ignorance for, etc.  Thus do we no longer have the Socratic Method where questions are peppered in order to reveal the disguised ignorance which most people walk about with.

But let’s be clear: What we don’t know can, in fact, hurt us, and to fail to acknowledge one’s lack of knowledge can have dire consequences.

For Federal employees and U.S. Postal Service employees who intend on filing for Federal Disability Retirement benefits under FERS, you should take the time to read the case-law which has developed and evolved over many decades, in order to at least understand the underlying issues which can complicate a Federal Disability Retirement application.

Or, contact a Federal lawyer who specializes in Federal Disability Retirement Law and let him inform you of what you don’t know.

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.

 

Federal Disability Retirement: The Problem-Free Lane

There is that obnoxious scene in a nightmare of anguish: Of being stuck perpetually in a lane not moving, then turning and seeing an individual “cheating” the system by speeding down the HOV lane, laughing, carefree and unconcerned about being caught and ticketed.

Life’s rule includes the following, or seemingly does: That there are certain individuals who seem to “breeze” through life without the trials and traumas most of us have to go through.  Atticus, of course, cautioned that you never know what a person is experiencing until you walk in his shoes, and perhaps that is right.  Is there such a thing as a “problem-free” lane, or a care-free zone?  Are there lives which never have to face the problems seemingly inherent and commonly resplendent throughout most of everyone else’s?

Perhaps we fantasize about being wealthy — as if money would solve all of the ills which beset.  Is there a trade-off?  What if you became wealthy but became sick?  Well, you say, then grant me 2 wishes — wealth and good health.  Then another problem arises: Your loved ones are vulnerable.  So you want 3 wishes, instead: wealth, good health and protection for all of your loved ones.  Will that make you happy, or will life still present you with another lane that brings about a trial of unhappiness?

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 position, the idea of the “problem-free lane” of life is an unknown quantity.  Life is full of problems.  There is the medical condition itself; there is the loss of one’s employment capacity; and then, there is the problem of trying to meet the eligibility criteria for Federal Disability Retirement benefits.

Life doesn’t provide a problem-free lane, and if you are considering filing for Federal Disability Retirement benefits, consult with an attorney who specializes in Federal Disability Retirement in order to limit the problems to the extent possible in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The facade of happiness

There are weather-related “fronts” — of “cold fronts” and “warm fronts” bringing in the freshness of change, a sudden modulation of temperature and a gust of windy hollows echoing through valleys and down into the chill of our bones.  They change the temperature of the air around us, and often moods are impacted as well.

Then, there are also “fronts” of human characteristics — of “putting on a brave front”; of making a “frontal assault”; and of these latter, we realize that there is always something behind, like the wizard concealed by the curtain undrawn.  We all of us put on “fronts” — and like the weather fronts that fool us at first that Spring may be nigh or Winter’s discontent may be around the corner, the “brave” front may be just a put-on, just like the “frontal assault” is likely a ruse to deploy one’s forces all at once to meet the enemy head on.

Of all the fronts, it is the facade of happiness that fools the most, even one’s self, into thinking that contentment is the amassing of objects surrounding, careers advancing and problems left avoiding.  The facade of happiness works well for a season, so long as the fool who buys the bridge of smiles never lifts the veil an inch to peer into the darkness of a soul in anguish.  Happiness is a fleeting state of existence; here for a moment today, it vanishes like the spirits of yesterday’s underworld where gods were chosen to wander the earth in ashen looks of greying days.

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 facade of happiness has likely been an essential tool for survival in this past year, if not longer.

It allows for the Federal or Postal worker to put on a “brave front”, to fool the others for a time — somewhat like the cold front that descends upon the south in the middle of summer to remind one that change is in the air, or the “architectural front” that gives an old building a facelift and draws people inward as an inviting new asset.

But don’t be fooled; for the facade of happiness can never hide for long the suffering beneath, and for the Federal or Postal worker, preparing a 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, is often the first real step towards an abiding and real happiness, as opposed to the fake smile that conceals beneath the facade of happiness.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Last Days of Summer

When the urgency of a sales event about school supplies blinks prominently across television screens, and those couple of days in August arrives where a foretelling of colder weather breathes a freshness as a reminder; and when the haziness of plants wilting, the stickiness of summer’s heat has faded the memory of last year’s harsh winter — we suddenly realize that the last days of summer are upon us.

Days come and go like gnats that take a single bite and then fly on; and suddenly we can’t remember where time has disappeared to, and another gray hair has sprouted, another wrinkle has cut deep the lines of time and timeless lines of memories now vanishing like so many waves that lap upon the seashores of countless hours.  And like the last days of summer, we relish the good fortune of health and painless existence only so long as fate allows for another day of challenges left unfulfilled.

The last days of summer are like those unwanted encounters that life inevitably challenges us with: It reminds us that what was once promising may not always come to fruition, like the beginning days of summer that looked forward to a respite from the humdrum of everyday existence, only to be snatched away like an illness that debilitates.

For Federal employees and U.S. Postal workers 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 one’s Federal or Postal job, the last days of summer often represent as a metaphor the realization that one’s Federal or Postal career must come to an end.

Where the choice is between health or career, it is not much of an option presented: health must always be and remain the priority, and preparing and submitting an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat akin to the last days of summer, where the end of something is merely the foretelling of a new season beyond.

Sincerely,

Robert R. McGill, Esquire

 

CSRS & FERS Medical Retirement: The chronic life

The chronic life is the one that burdens; and, yet, does not all of life present a challenge of burdensome trials and persistent provocations?  Or, are there elements within one’s life that makes it feel as if we are merely the donkey for others to place their weight upon, like those pack animals of yesteryears that always looked forlorn and ready to collapse?

Why do some appear “as if” they have not a care in the world, and flit about like in some ballet skipping and hopping, twirling and dancing from one scene into the next, never allowing for the concerns weighing upon like the rest of us?  Is it merely born of attitude, or having a “positive” thought process; or, are some blocked by the concerns of life such that we are always infected with the chronicity of angst and worry?

The democratic manner of a medical condition seems always to be the one factor that is the exception. Medical conditions do not discriminate; they impact everyone in the same manner.  Whether one is a carefree person, a worrier, a person who is serious, or who flits about life without a thought for consequences, the impact of a medical condition cannot be avoided.

There are those who live the chronic life – always meeting one’s obligations; always fulfilling promises; forever planning for the future; and then there are those “others” who seem to care not a twit about such matters.  And yet, whether of the chronic life or of other-hood, when a medical condition begins to impact one’s health, the treatment and response is all the same: and, all the more so, when the medical condition becomes one that is termed “chronic”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has been deemed “chronic” in the sense that it will remain with the Federal or Postal worker for a minimum of 12 months, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset.

It may well be that you have lived the chronic life, and that it is “unfair” given the seriousness of how you have lived your life.  Nevertheless, it is the chronic nature of things in general, including the medical condition that now must be attended to, that will have to be dealt with.

But the advantage is this: those who have lived the chronic life often “deal” with the chronic matters of life with greater success, and perhaps that is the reason the Federal or Postal employee who has dedicated his or her service to the Federal Agency or the Postal Service has been well-prepared for this newest fight – against the medical condition – in this chronic of all matters: the medical condition itself.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Disability Retirement: Cycles of reality & unreality

The linear model of life is the preferred perspective for the Western world; the cyclical, for the traditional Eastern sector, as well as the indigenous cultures of the Americas; whether such an outlook alters the way in which we live is debatable.  In either or for both, however, it is the passing through of various realities and “unrealities” that is often overlooked, and not whether or not there is a straight and linear road as opposed to a cycle of returns and reenactments.

Reality is the being we encounter; unreality, the life within our minds and souls, depicted by thoughts, emotions, daydreams and nightmares.  How the two interact, whether in cyclical form or in a linear continuum, often defines how well we are able to adjust in maneuvering through the difficult passages of life.

We encounter “others” in the reality of our being; but as to the “other” person’s thoughts, feelings, history of life and other subjective issues, we know nothing about them except what we are told.  We could work beside another individual in an office setting and never truly know the “unreality” of his or her life, and when we retire, the office throws a party, and we depart and suddenly realize that the cycle of reality was a limited one, and the subjective unreality of another person’s life never really touched us.

Or, one is married to another for a decade, two decades, perhaps even three, and a cycle of reality is embraced where life becomes a routine, taking each other for granted through habit of form, monotony of repetition and predictability of actions.  Yet, after some decades, the significant other does something completely “out of character” – suddenly dyes his or her hair purple, goes bungee jumping or unannounced gets his or her nose pierced without telling anyone.  When asked, the reply is: “Oh, I got bored and decided to do something different.”

That is when the cycle of unreality suddenly surfaces into the boundaries of reality, and we suddenly realize, again and again, and are reminded fortuitously, that there is a subjective unreality that we can never quite pierce or fully comprehend, just as others cannot of our own.

That is what often happens with a medical condition.  For Federal employees and U.S. Postal workers who are contemplating 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, the question often asked is:  “When do I tell my agency”?  Isn’t that a peculiar question – as if no one at the agency knew or knows about your ongoing medical condition, and that filing a Federal Disability Retirement application through OPM is going to be a complete surprise to everyone?

But that is, indeed, the reality of the unreal, where those around you are completely oblivious of the pain, the turmoil and the complications of those medical conditions you have had to deal with for so many years.  It is, in one sense, rather sad; but it represents the cycles of reality & unreality in an uncaring universe which prompts such an empty feeling when the question asked doesn’t quite have an answer to be given.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Employee Disability Retirement under FERS or CSRS: Junkyards

It is the latter in the compound word which is left forgotten and unnoticed, precisely because of the screaming blare represented by the former, demanding attention by the sheer nature and character of its breaching sensibilities, like the spoiled cousin refusing to abide by the conventions imposed upon uninvited visitors and customs curtailing unwanted guests.

Once, before time forgotten and memories untarnished, the landscape was perhaps a pasture green with wildflowers and vegetation overgrown; then, a possessor who perhaps put up a fence to demarcate the beauty by identifying acquisition, tending to the weeds, creating a vegetable garden here, building a house over there, and all the while trying to maintain the beauty and solitude of a picturesque scene of pastoral quietude.

Initial intentions are rarely malevolent; it is time, circumstances and disrepair of incremental decay which, in their unnoticed aggregation of cumulative disregard, suddenly fall upon us like a tidal wave of gloom.  Perhaps it began more with the invention, creation and abundance of implements and industrial tools; or just the defect of human essence and the inherent laziness of the species.

An automobile which refused to throttle one early morning can certainly become the foundation of that linguistic pose at the forefront of the compound; later, a refrigerator where the condenser fan or the compressor, or some other such component which refused to make the proper sounds and conduct itself in a manner befitting cold air in the heat of a summer day, suddenly gives out, and what do you do with a monstrosity taking up valuable space within the limited dimensions of a cramped kitchen?

And thus, over time, where once the carefully tended landscape of pristine greenery unscathed by the clutter of unwanted debris, begins to dominate, as do most creations of human refuse.  The detritus of discarded wreckage scattered in the afterthought of one’s castle, as represented by the backyard of a home, is telling of a lengthy history of accumulation, decisions, riffraff of rubble unwanted — sort of like the history of human experiences comprised of emotional baggage gathered and garnered.

The outer reflects the inner, and the essence which expands within the soul of a tormented individual requires release and revelation, if only for a fortnight before an exponential explosion of psychic need claws to escape from the restraining membrane throughout.  Ugliness begs for concealment and a veil of hope; and so the grass and weeds which grow to cover the rusting wreckage in a junkyard of despair, often parallels the anguished inner being of the one who cries silently in hollows where no one can hear, or is unwilling to listen.

Junkyards are interesting case studies of the history of individual lives, otherwise undiscovered except perhaps by archaeologists who mistake an ancient site for a bevy of linear rationality.  But it is often the forgotten part of the junkyard which remains unnoticed — that of the inner component of man, left untended to and forgotten for fear of releasing the box which Pandora was entrusted with, containing all of the evils of the world, and what more to consign but the turmoils of human emotion and psychological scars, otherwise camouflaged by smiles and entreaties of normative concealment?

For Federal employees and U.S. Postal workers who suffer from a medical condition — whether physical, emotional or mental — the junkyards most concerning are comprised of the illness and pain hidden from full view, perhaps left in the rear and avoided by others, which burdens the soul beyond capacity to endure.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often merely a first step in the process of clearing out the debris which accumulated over a lifetime of attempting to conceal and contain; for, in the end, the Federal or Postal worker who needs to file for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, is at a point in his or her life, when the wreckage mounting in the unseen privacy of junkyards left unattended, requires help to haul those heavy components of human detritus away, and in the process, a forgotten jewel carelessly discarded in a time once known with laughter in the pasture of one’s past, may again be discovered for future joy and hope.

Sincerely,

Robert R. McGill, Esquire