OPM Medical Retirement Legal Representation: The Bully and the Beast

Yes, yes, the title is all wrong; but that “other one” is for fairytales and childhood memories, and not for the ugly reality that is faced by grownups with the cynical perspective that, by age 30, has come to overwhelm and dominate.

“C’mon”, the refrain comes back, “let’s at least enjoy the childhood fantasies that still delight and enrapture the imagination, and quit being a spoil-sport!”  Yet, just as the idealistic twenty-something becomes a crotchety-old fifty-something, so the reality of the Beauty and the Beast — of the traditional story told in so many variations involving the beast that is of beauty beneath; of the nature of appearances as opposed to the substantive reality; of pithy sayings by parents who want to spare the feelings of their unattractive children that beauty is “only skin deep”; of higher academia where such childish notions then get transformed into “Platonic Forms” or the Aristotelian “substratum” — is the cold world that we all come to know.

Somewhere in one’s mid-thirties, the conclusion is reached that, No, the world is not reflected in the fairytale as recalled, but rather, the universe is occupied by the Bully and the Beast, and we are too often caught and trapped in the middle between the two.

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 “Bully” is too often represented by the Federal Agency or the Postal Service and its manner of treating a sick employee; and the “Beast” is the alternative — of the constant harassment; the reprimands; the adverse actions threatened or proposed; and perhaps even represented as the U.S. Office of Personnel Management and the entire administrative nightmare known as “Federal Disability Retirement”.

For, once upon a time we were all children and dreamed about fairytales and fantasies; but somewhere along the way as we “grew up”, we came to realize that the world was not occupied by gnomes, goblins and cute hobbits scurrying about in the wild forests of our own imaginations, but by the ugly reality that the world is populated by people who are not very nice, and that sickness does sometimes hit the nicest of us, and oftentimes filing for Federal Disability Retirement is the best choice to make between the Bully and the Beast because the Beauty and the Beast had faded long ago into the warmth of childhood memories forever faded.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Foregone conclusions

There are many; some, within the universe of a greater subset, are perennial by nature, and can never be altered but for some miracle yet to be considered (like the fact that the Baltimore Orioles will have ended its season sometime by early June of each year); others, of a more generic knowledge, assumed and forever predictable, ever to be presumed as a law of nature (as in, somewhere in the world a war will be started within the next year, or that a child will be born, or even that a medical condition will impact someone, somewhere).

Foregone conclusions are tidbits of knowledge gained from experience of life; and where the cynic will declare that they establish the circularity of repetitive reality that cannot be avoided or ignored, the idealist will counter that miracles and exceptions may yet prove otherwise such that what was presumed to be a conclusion is never foregone but merely imagined.

For Federal employees and U.S. Postal workers who harbor thoughts of foregone conclusions based upon the deteriorating health of one’s present circumstances — that you will be “fired”; that the PIP imposed will inevitably lead to termination; that filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset will be defeated by one’s own Agency or the U.S. Postal Service — remember that it is up to the sole determination of the U.S. Office of Personnel Management, and not one’s Agency or the Postmaster of one’s Postal Facility.

All Federal and Postal Disability Retirement applications are submitted to OPM, and one’s own Federal Agency or the Postal Service can only have limited influence upon the viability and persuasive effect of a Federal Disability Retirement application.  Where there is a will to fight and an objective basis in which to file a Federal Disability Retirement application, it is never a foregone conclusion that there is not a chance for a successful outcome.

Now, as for those Orioles’ fans who think that there is hope for next year…well, you must truly be an idealist to avoid the foregone conclusion that, yes, the sun will rise again tomorrow, and set yet again later, but a season’s end that began in early May is not a great indicator of next year’s beginning.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: This upside down world

How many whistleblowers would do it all over again?  How many regrets does it take to screw in a lightbulb?  The answer: Few as to the first question, and at least a dozen in response to the second.  For, as to the second query, while one person engages in the mechanical act of lighting up the room, it takes all of the others to fail to assuage the regrets of a person who has tried to do the rights thing, and has lived to suffer the consequences.

We grow up being taught all sorts of empty adages — how “truth reveals all”, or that “justice prevails in the end”; and though the old hero of simplicity has now been replaced by more “complex” characters of mixed good/bad/neutral, still the naïveté of childhood upbringings tend to haunt beyond the loss of innocence delayed.

This is an upside down world where the clear-cut demarcations that once were inviolable have now become obscured, and where leaders can argue with a straight face any and all positions, whether self-contradictory, hypocritical or just plain nonsense, and can get away with it without any regrets or loss of sleep.  Perhaps it has always been like that and we just didn’t realize it.  The wealthy have always been able to get away with more; the powerful, without much consequences; and when the combination of wealth and power become aggregated, there is little to impose any checks and balances that might have tempered the onslaught of injustice.

For the Federal employee and the U.S. Postal worker who suffers 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, the fact that we live in an upside down world becomes exponentially the case because of the medical condition itself.

Progressive deterioration and chronic debilitation are often the rule of a medical condition, and just to survive another day without pain, without emotional or mental anguish — these are the hallmarks of needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The world is about as topsy-turvy as it can get; but when the private world of one’s health begins to deteriorate, that upside down world becomes a tumultuous maze of a conundrum wrapped within an insanity that cannot be escaped from, and that is when you know that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity in a universe that requires some wisdom, and turning to the advice of an attorney who specializes in Federal Disability Retirement is often the first step in providing a balanced perspective within this upside down world.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: The present preference

Given the choice, it is almost always the present preference that is chosen, while the long-term goals, aspirations or necessary planning are set aside, ignored, subverted or otherwise delayed for another day.  We prefer to remain in the present circumstances, in lieu of future contexts unknown, for the familiar is always to be preferred to the strange and unrelated.

The key to change away from the present preference is often based upon the spectrum of a “tolerance/intolerance” gauge — an informal, almost unspoken manner in which we react based upon various factors that have developed over many years: tolerance/intolerance of pain levels; quality of life issues, whether consciously realized or intuitively maintained; the balance between weekends encroached and the weekdays approached; whether productivity rises or falls; and other similar factors, both involving professional goals and aspirations as well as personal perspectives upon the worth of maintaining the status quo or allowing for the tumult of change.

Medical conditions often warrant a move away from the present preference.  In reality, no one “prefers” the present when the change is imposed from external sources, or where there is simply little control or influence to exert upon stopping, hindering or otherwise slowing down the change itself.  The present preference is merely borne of laziness or the pure enjoyment of non-change, as the known is almost always preferable to instability and the strangeness of other worlds.

That is why we take short vacations and jaunts to other cultural enclaves, but return home to the safety of our known environments.  But when a medical condition begins to impact one’s ability and capacity to perform one or more of the essential elements of one’s positional duties, as it can with Federal employees and U.S. Postal workers under FERS, CSRS or CSRS Offset, the changes impacted from the external forces of an unwanted medical condition may necessitate the modification of the present preference for the status quo.

Living with a medical condition itself is traumatic enough; altering the present preference of a life one is used to, is almost always a further tumultuous necessity that one instinctively resists, but recognizes the inevitability of.

For Federal and Postal workers who have come to a point of realizing the necessity of modifying the present preference, preparing, formulating and filing an effective OPM Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, is the first step towards conforming to an unfair external influence characterized by the medical condition itself.

Consulting an attorney who specializes in the administrative complexities inherent in the Federal Disability Retirement process will often help to buttress some of the changes that are necessary, if only because information and knowledge allows for the decision-making process to prevail with needed insights presented in order to adapt away from the present preference of an increasingly debilitating medical condition.

Sincerely,

Robert R.McGill, Esquire

 

Federal Disability Retirement Claims: The race that wasn’t

Does it often seem as if one is in the middle of the race, but that all of the rules have been abandoned by all other participants except the one that keeps struggling — you?

The term itself has had a long history of proverbial applications and overused metaphorical usages — of the “race” against time; the “race of life”; of marathon runners, sprinters and the various specialists in the metered world of measured distances.  It is the race that wasn’t that is the one forgotten, however; of the false starts, the disqualifications, the one’s discovered to have used illegal steroids, and the villains who cut across back trails when no one was looking in order to save an extra couple of miles from being detected.

Most races are unfair; they are stacked against one from the very beginning, and the end result is almost always predetermined in one fashion or another.  Is a race that is predetermined as to the outcome of individuals to reach the finish line, truly a race at all?  Do any of us ever enter a “race”, actual, metaphorical or otherwise, and say: Well, I know I am not going to win because the rules won’t allow it, but I am going to run, anyway?

Of course, one may not have a choice in the matter; and, in that case, when the whistle is blown, the flag is brought down or the blank round of the gunshot is fired, one begins to trudge along and try one’s best.  That is how one feels when a medical condition begins to creep upon a person’s health — of the slow, insidious deterioration, where the generality of “life’s unfairness” begins to dawn upon the consciousness of one’s livelihood.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent, impede, interrupt or otherwise diminish the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, it may be time to reconsider the “rules of the race”, as the metaphor is often applied, and begin to prepare, formulate and file 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.

As with all government bureaucracies, the U.S. Office of Personnel Management applies the “rules of the race”, and in order to qualify for the race that wasn’t, you will likely need to consult an attorney who knows all of the relevant rules of the race, including the start time, the length of the process, and what needs to be done in order to reach the finish line.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: Chaotic interludes

The root word itself stands for the state of being prior to the ordering of the universe – either by the hand of God or through natural evolution; or, if you are a Get Smart fan, it is spelled somewhat differently – KAOS – and is actually not an acronym that stands for anything, but is an international organization set to do evil that only Maxwell Smart, Agent 86 and his partner Agent 99 can prevent from accomplishing their terrible deeds; or, if you are an engineer, you may know the acronym as standing for “Knowledge Acquisition in Automated Specification”.

In any of the events, the state of Being otherwise recognized as “Chaos” (or its alternative spelling, KAOS) is identified as something unwelcoming, insidious and to be forever avoided.  Yet, life brings about such states from time to time, as if to remind us that order, sequence, linear models of livelihoods and pristine beauties of uninterrupted serenity are rare in the discourse of nature’s continuum.

Chaotic interludes tend to rear its ugly head just when things seem to be going smoother; when we least expect it; when the quietude of our lives seem in perfect balance; then the disaster, the disordering impact, the jumbling-up and shaking it all about comes crashing like thunder in the night to awaken us with a start.  A start?  To do what?

Perhaps as a test; as a challenge; to rethink the priorities of our lives; and to remind us that life is not a matter of slumber and remaining in a constant state of stupor and repetitive thoughtlessness, but a chasm of necessity mandating daily focus, concentration and attention to the important things around us.  Maybe we were becoming too complacent; perhaps the monotony of habit was making of us all bores to be avoided; or, more likely, we were just getting steeped into the ego of our own self-centeredness.

Whatever the reason, chaotic interludes tend to hit us in bumps and pushes, sort of like standing in a line to get into a movie theater or on the waiting list for a restaurant, and suddenly an earthquake hits the area, or a robber comes running out of the establishment and pushing you onto the street where oncoming traffic busily spins its wheels, or more commonly, you are diagnosed with an unexpected medical condition, and that medical condition becomes a slowly deteriorating, progressively debilitating state of Being.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the capacity and ability to perform the essential elements of one’s position with the Federal Government or Postal Facility in ways that clearly show that you cannot do the job anymore, the concept of chaotic interludes is nothing new.  The real question is:  What to do about it?

One option is to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  That’s the thing about chaotic interludes; the options available are often limited; but out of the chaos that ensues, what is often important is to recognize the problem and tackle the issue in the best possible manner.

Otherwise, call Maxwell Smart and hope that his shoe-phone is in good working order.

Sincerely,

Robert R. McGill, Esquire