FERS Disability Retirement Benefits: The Wall

Everyone hits it; whether in writing, in speaking; whether of a career or in a marriage; and whether in a metaphorical sense, or a true feeling that simply cannot be avoided.  Walls are structures that stop, contain, prevent or present an obstacle.  The question is: What do we do about it?  Do we simply stop, turn around and go back to whence we came?  Do we sit at the foot of the wall and merely groan incessantly, hoping that time will crumble the materials of stoppage and somehow it will all just go away?  Or do we attempt to do something — cut a hole through it, climb over it, try and find an alternate route around it?

How we solve problems; what tools we bring to the fore; the manner in which we attempt to tackle life’s conundrums; these are the mark of a successful approach to each and every wall built as an obstacle to the pathways that are presented to us in life.

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 walls are many: First, there is the wall of the medical condition itself; then, there is often the wall of the Federal Agency or the Postal Service who cares not about the medical condition, but only that the work is accomplished and completed.  Then, there is the “wall” of the U.S. Office of Personnel Management — the very agency which will decide the Federal or Postal employee’s Federal Disability Retirement application.

Consult with an OPM Disability attorney who specializes in Federal Disability Retirement Law, lest the wall of denial that is potentially looming prevents you from moving beyond your medical condition and your inability to perform you job duties.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Careful Planning

Is there any other type?  Do we ever plan, but do it carelessly?  Or, is it a redundancy to ascribe any planning as being “careful”?  Another question, of course, is the manner in which we determine the basis of such planning; i.e., is it only a retrospective judgment that is made after the fact?  In other words, do we ascribe the designated title of “careful planning” only after things have gone smoothly, and that of “careless planning” when things have not?

When the boss pats you on the shoulder and says, “Good job” and you turn and smugly respond, “Well, it’s just a matter of careful planning,” is such a response appropriate only because things had turned well?  And when it does not, do you just say: “Well, despite careful planning, there were some unforeseen circumstances that arose and all we can do is to counter them as best we can”?

There is, of course, such an animal as “careless planning” — where one has engaged in the motions of planning a future course of events, but has not taken the time to think it through, plan alternative avenues for “handling a potential conflict”, or otherwise did not meticulously prepare for the upsides and downsides of potential difficulties.  And that is the key, isn’t it — to consider the options, take into account the possibilities, and to plan accordingly?

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 Federal or Postal position, careful planning in the preparation, formulation and submission of an effective Federal Disability Retirement application is a “must”.

We all engage in retrospective confirmation of our actions, and the single telling factor of careful planning in a Federal Disability Retirement application is when you receive an “approval” from the U.S. Office of Personnel Management.  Of course, when dealing with a Federal bureaucracy, a denial does not necessarily mean that careful planning was not engaged in, but merely that further planning and careful consideration must be given in order to battle with, and prevail, against OPM.

Consult with an attorney who specializes in Federal Disability Retirement Law and begin to formulate the plans which will be most effective in obtaining your disability retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Argument

You hear about such lives every now and again; of an old man declaring, “Never a raised voice in 50 years of marriage”, or: “We never argued. Bless her (or his) soul”.  Leaving aside the viability of the astounding prefatory remark (i.e., that two people in this day and age could remain together for half a century), one wonders whether selective amnesia plays a significant role in such a statement.

Can it even be possible that two people who have been together for such a lengthy period of time could possible exist without any discernible conflict?  No friction; no irritation; no level of heightened stress such that a raised voice must be expressed.  Or, are they “playing” with the meaning of the word “argue”?

Perhaps there was a disagreement, by any measure of the word; or a dispute; or a failure to agree; but throughout, there may well never have been any untoward unpleasantness.

Does an argument have to be unpleasant in order for it to be an argument?  Or, can two or more people smile, be civil, remain cordial throughout, and simply state their points?  Are all disagreements arguments as well, or are some disagreements merely antithetical statements which never rise to the level of an argument?  Does it matter whether or not a “personal stake” is involved in the matter?  Is that why we often preface a statement with the preemptive strike and motive of avoiding an argument in saying, “No, please don’t take this personally, but … “?

For Federal employees and U.S. Postal Workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, if the goal is to live a life where there has never been an argument, then there is likely no point in filing at all.  OPM is there to argue and oppose; consult with an attorney who specializes in Federal Disability Retirement Law, and who has no qualms about arguing your case on your behalf.

Now, as to arguing with one’s spouse — that is a different matter, and this attorney who specializes in Federal Disability Retirement Law has no advice to give concerning such matters, or at the very least, refrains from arguing about the issue.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: How we fit in

Federal employees who don’t fit

Federal employees who don’t fit

 It is the misfits of whom we scoff at; of the random and discarded puzzle-pieces that seem to never find their proper configuration and therefore are cast aside before the picture is completed; and those square pegs that don’t fit into the round hole — whether, either the pegs must be shaved in order to conform, or the whole must be widened so that the peg can be dropped in; even though they don’t actually fit but remain loosely within the hole, but that’s okay because at least they are no longer seen as “not fitting in”.

In the end, the grind of life fatigues us.

We all conform, despite our initial resistance to such conformity.  The world requires conformity and predictability; and school, well, it is a means of ensuring the mass production of conformed groups who all think alike and behave in parallel fashion.  Every now and then, of course, a creative genius breaks away from the mold of artificial constructs; but in the end, even creative geniuses fall prey to the constant punishments meted out to those who dare to be different.

Federal employees who suffer from a medical condition and who can no longer perform one or more of the essential elements of his or her Federal or Postal job — they are, essentially, misfits within a Federal system that cannot accommodate misfits for long.

Federal Disability Retirement is a pathway out of the mold that dictates how we fit in; it is part of the “system” of dealing with misfits so that you are no longer deemed a disrupting influence upon the smooth flow of the Agency’s “mission” or the Postal Service’s massive mail distribution system.  It is a long and arduous process by which various criteria must be met, and as such, the Federal or Postal employee should consult with an experienced Attorney who specializes in Federal Disability Retirement Law so that the Federal Disability Retirement attorney can guide you into seeing how you will “fit in” — into the system as a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Structure and Content

The former provides the form; the latter, the character of the entity.  It is the duality in combination which creates the ability to identify the particular being in an Aristotelian manner — as opposed to the more generalized definition of “Being”.  Without the largest organ of the human body — one’s skin — the “content” of that which separably identifies one individual from another would be lost, and we would all be mere aggregations of various organs not necessarily organized in any coherent way.

Similarly, in any presentation of a written form, it is important to plan the structure and content such that the former allows for coherence and ease of understanding while the latter compels the force of persuasion to impact upon the reader.

In preparing a Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, it is important to provide both structure and content in order to enhance the chances for an approval at any stage of the process.  For, the Federal or Postal applicant who is preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, one must first recognize that such an application is a “paper presentation” to OPM, and thus does structure and content both matter.

To merely focus upon “content” — i.e., medical records; the words in the Statement of Disability (SF 3112A) is to overlook the persuasive nature of the structure of the application itself.  Conversely, to concentrate too heavily upon the structure of the FERS Disability Retirement application — the forms to be filed; the “checklist” of necessary and required paperwork — is to underestimate the power of content.

The two must be formed [sic] in tandem; and a persuasive and powerful legal memorandum that provides both a roadmap as well as content-filled legal citations is a “must” in every FERS Disability Retirement application, and this should be formulated and prepared by an experienced Federal Disability Retirement Attorney who specializes in, and is fully knowledgeable of, Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the OPM: Expectations

What are they?  Is it something that we place upon ourselves, or merely the burden of what others have said?  Are there implied ones as opposed to direct and blunt ones?  Do they scar and damage throughout our lives, based upon the haunting sense of what we believe our parents demanded?  Are expectations the cumulative juncture caught between our own dreams, the demands of parents, and what we believe society considers success or failure?

Do we carry them about without an awareness of their influence, forgotten in the closets of our memories until psychoanalytical triggers suddenly bring them to the fore and where we suddenly blurt out, “Oh, yes, that is where it all comes from!”  And what happens when reality blunders upon expectations and the two conflict within the agony of our lives — do we (or more appropriately put, can we) abandon them and leave them behind in the ash heaps of discarded disappointments?

And when do we become “smart enough” to realize that the old vestiges of expectations need to be reevaluated and prioritized, and not allowed to remain as haunting voices that we no longer remember from whence they came, but remain as unwanted guests within the subconscious purview of our daily existence?

Expectations — we all have them; but of priorities in our lives, we rarely reorganize them in order to meet the present needs of our complex lives.

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 one’s job and position, it may be time to re-prioritize those expectations that one has about one’s career, one’s future, one’s…life.

Expectations can be a positive force — of placing demands that spur one towards heights previously unimaginable; but that which is a positive force can turn upon itself and become a negative influence, especially when the check of reality fails to make one realize that priorities must be reassessed based upon the changing circumstances that life itself brings about.

Filing for Federal Disability Retirement benefits because of one’s deteriorating health may not be what one ever “expected” — but, then, all expectations have always been conditional in the sense that the demands made depended upon circumstances remaining the same.  When circumstances change, expectations must similarly adapt.

Preparing and submitting an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, may seem like a lowering of one’s expectations; yet, as it was always conditional upon the state of one’s health, a concomitant alteration of one’s expectations must meet the reality of one’s changed circumstances.

That is the reality of life’s lesson: Prioritize — health, family, career and the changing levels of expectations.

Sincerely,

Robert R. McGill, Esquire