FERS Retirement for Mental or Physical Incapacity: When once…

When once the dream was left unfulfilled, and yet the future appeared so boundless and promising; when once the time spent was so precious as to bring memories and tears of joy for the privilege to live; when once the rains came but not to dampen the sorrows of yesteryear, but to wash away the scars of today’s longing; and when once, there was a time forever bottled so that tomorrow would be remembered as a mere passing thought, and the day after a haven for memories yet to be forgotten.

When, once, we took for granted that which we never think about, reflect upon, and youth’s folly continued for a day and a dawn only to be wistfully forgotten when once the call from Mom’s flustered voice shouted at us to come in for dinner, when the crickets were still singing their mournful melodies in the quiet of evening’s end.

Looking back can hold one back, especially if the remorse of what once was makes you pause in a day when even an hour cannot be spent whittling away the time that cannot be recaptured.  There is time enough for remorse and regret; time yet to remember and recall with nostalgic warmth for days of yore; but as the world turns in the “here” and “now”, the daily grind of duty’s call and obligations which cannot be avoided, must first be attended to.

“When, once…” is to be set aside until the last breath when the drifting dreams of yesteryear’s pausing regret begins to foreshadow today’s memories of a bygone 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, time remains of the essence, and while sickness and deteriorating health may freeze one into desiring a time of remembrance back, “when once…” — it is not the right time, yet.

This is still the time to fight on; it is the moment to preserve and protect; and while a Federal Agency or a Postal Facility may have dampened your spirits or attempted to make you into a downtrodden employee whose best years are behind you; nevertheless, it is time to assert your rights and carry on the good fight.  Preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset, is a good part of that fight to preserve and protect your rights.

Why should you fight for them?  Because, when that time comes when you say to friends or family that, “When, once…” — the “filler” should be: “When, once…they tried to deny me, I fought and won.”

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Disability Retirement Help: The Applicant’s Statement

The SF 3112A is the focal point of it all; without it, the entirety of the Federal Disability Retirement application would be incomplete, inconsequential and insidiously irrelevant.  The U.S. Office of Personnel Management can make a decision on a Federal Disability Retirement application — theoretically — without full answers or incomplete answers of the “other” forms, such as the Checklist, or even the Supervisor’s Statement; but as for the SF 3112A, The Applicant’s Statement of Disability — well, there is no getting around the fact of its prominence, importance and position of significance and relevance.

The Applicant’s Statement of Disability puts everything in its proper perspective; it tells the narrative of one’s medical conditions; it provides (or, at least should) the nexus between one’s medical condition and the essential elements of one’s job, tasks, duties, positional requirements, etc., and gives a key and insight into the very foundation of the legal criteria for OPM to either grant or deny a Federal Disability Retirement application.  That being the case, why would a Federal or Postal employee leave such an important component as the content and substance of an SF 3112A up to one’s own self?

The person who suffers from the medical condition can hardly be the one to properly, adequately or completely describe the key components of one’s medical condition and its impact upon one’s positional duties; for, the one who suffers by definition is the very.same person who is divorced from having an objective perspective.

Remember, always, that Federal Disability Retirement is a medically-based administrative procedure — one which must encompass and encapsulate the objectivity of medical documentation, the meeting of a legal criteria that has evolved over many decades, and an aggregation of the two combined in order to persuade the U.S. Office of Personnel Management that the compendium of one’s documented evidentiary findings rises to the level of a preponderance of the evidence presented in a coherent manner to the U.S. Office of Personnel Management.

Does such an endeavor appear consistent with the Federal or Postal employee who is too sick to work the essential elements of one’s job?

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Fair Games

It depends upon how you read the concept, which word or syllable you place the accent or emphasis upon, doesn’t it?

In one sense of the concept, it has to do with games found at the county or state Fairs — you know, where cotton candy is sold and prizes are awarded for the largest potato grown or the fattest pig shown.  In another sense, it is in contrast to its opposite — of games where you have a good chance because rules are imposed and upheld, as opposed to “unfair” games where the proverbial deck is stacks against you.  It is in this second sense of the term that we apply.

Fairness itself is a difficult concept, precisely because of its malleability.  One concept of fairness is an arguable delineation based upon rules, perspectives, and even perhaps of cultural backgrounds.  Rules themselves can be attacked, and are “fair game” when it comes to disputatious boundaries, where there are essentially none to circumvent.

You can argue that such-and-such a call was unfair, and that obnoxious fan sitting next to you might counter, “But that’s within the rules of the game,” and you might then counter to the counter, “Then the game is rigged and the rules are unfair!”  What would be the counter-answer to the counter of the counter?  Perhaps, to say: “Listen, buddy, I don’t make up the rules.  It’s fair by definition if everyone who plays the game has to play by the same rules.”  Is that the silencer — the conversation-stopper — that cannot be argued against?

But what if everyone theoretically has to “play by the rules of the game”, but the rules are administered in a lopsided manner?  Is that what makes the game “unfair”?  Isn’t that what fans the world over complain about when the umpire, for example, sets the “strike zone” (or in other contexts, the “foul zone” or some such similar animal) too wide for some pitchers and too narrow for others?

Or, wasn’t there something like the “Jordan Rule” where a certain player was allowed to take an “extra step” (or two or three, for that matter) and no “traveling violation” was called, because the beauty of his fluid movements surpassed and transcended any “rules” that might disrupt the mesmerizing effect of such human defiance of gravity right before our eyes?  Could you imagine what an uproar that would have caused, where the player-in-question flies through the air with such acrobatic display of gravity-defying beauty, slam-dunks the ball to the rising wave of appreciative fans, and a whistle is blown — and the basket is disallowed?

That awkward motion that the referee engages in — you know, where both hands are balled up into a fist and made into a circular motion, indicating that a traveling violation has occurred — and then pointing to the scoring table and telling them to subtract the 2-points just previously awarded…is it “fair”?  Should fairness sometimes be overlooked when beauty-in-mid-flight entertains us to such ecstatic delights?

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, life often begins to appear as if “fairness” is no longer an applicable rule — for, is it “fair” that one’s health has deteriorated despite doing everything to take care of it?  Is it “fair” that others seem to have lived a life of excess but seem not to be impacted at all by the abundance of maltreatment?  Is it “fair” that others appear to be receiving favoritism of treatment, while your Federal Agency or the Postal Service appears to be targeting you for every minor infraction of the “rules”?

Life, in general, is unfair, and when a Federal or Postal worker seems to be the target of unfair treatment because of a progressively deteriorating medical condition, it may well be time to prepare, formulate and file 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.

Life is often unfair in general; but when it comes to applying and enforcing “the Law”, it is best to consult with an experienced attorney, especially when seeking to obtain Federal Disability Retirement benefits through OPM.  And like the “Jordan Rule” concerning extra-rule-violation treatment, it is best to make sure that your attorney makes the Rules of the Game enforced — and fair.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Future uncertainty

It is a peculiarly human endeavor to reflect upon and ruminate; to consider that which has not yet occurred, and to worry about it, turn it over, consider the options, become so ensconced in the details of that which is still yet to become, if at all, and to will anxiousness and even harm one’s health over it.

Does the dog that one has known for many years engage in such conceptual angst, and project one’s self towards a time yet to become?  Well, yes — there can be a similar sense of anticipation; of prefatory behavior in response to an approaching hour.  If, on every Sunday at noon a tremendous noise is heard, dogs and other animals can be ‘trained’ into becoming anxious for several hours before the event, and act accordingly.

Is that merely an inculcated imprint, or is there some lengthy thought process — reflection, rumination or anticipatory consternation — involved in the anxious behavior exhibited?  Is there a distinction to be made in the manner in which human beings behave towards future uncertainty, or is the difference merely one of degrees?  Does our capacity towards an insular universe, self-contained within thoughts and boundless tangential roads that lead to greater depths of despair and self-inflicted despondency differ from the trained responses as exhibited by other species?  Or, is our capacity simply of “more”, and the extent of our means merely one of exponential exhibitionism?

Future uncertainty — what is it?  Is it a learned response or a human peculiarity of untold evolutionary need?  How does one engage in it, and are there better coping mechanisms than others?  Does life’s experiences grant any reprieve, or are we all subjected to its devastating effects?  Do the wealthy experience it in the same manner, or does it merely take an extremely selfish personality — one that cares nothing for others and thus feels no sense of obligation in forestalling any belief in future doom that may befall family members — to avoid the angst of foreboding tides?

For Federal employees and U.S. Postal workers who have that sense of future uncertainty because of a medical condition that has begun to prevent the performance of one or more of the essential elements of one’s job, the obvious antidote to such feelings is 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.

Yes, the future may appear uncertain at this moment; yes, the sense of not knowing gives a recognition of anxiousness that seems never-ending; and no, filing a Federal Disability Retirement application is not the answer to all problems presented.  However, it is at least a start — to refocusing one’s attention to the priorities of life’s foundational precepts: of health and in securing some semblance of a future yet to be determined, but to be anticipated not with a foreboding sense of gloom, but of a tomorrow that may yet promise a day after.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on FERS/CSRS Disability Claims: What isn’t known

There is often that final question during a consultation — of “any other advice” that can be given, or whether something else was forgotten, or the generalization of “Anything else I should know?”  That is where the particulars of a case must be known, and the wide chasm that exists between “being a client” and merely receiving an initial overview of a person’s case.  For, what isn’t known is often the element that can harm or injure, and the question asked but left unanswered is the one that no one thought about but should have.

Lawyers like to enter an arena of legal battles well-prepared; all questions asked, normally already are presumptively answered, and no lawyer worthy of his opponent asks a question that he or she already doesn’t know the answer to, or at least has a fairly good idea about.  In a Federal Disability Retirement case, where there are multiple stages of an Administrative Process to tackle and prepare for, the First Key to success is to not submit that which will be harmful to one’s case.

As an attorney who represents Federal and Postal workers in preparing, formulating and filing 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, the primary issue is obviously upon the medical report and records to be submitted; followed by the legal arguments to be presented and established, normally through an extensive Legal memorandum, which provides a kind of “road map” for the assigned OPM Specialist to review and (hopefully) become persuaded as to the validity, incontrovertible legal basis, and the substantive qualification of the Federal or Postal employee in meeting all of the legal criteria in becoming eligible for Federal Disability Retirement benefits.

For the Federal or Postal employee who attempts this complex Administrative Process without legal representation, the obstacles, pitfalls and potential hazards are many, and it is often what isn’t known that defeats a Federal Disability Retirement case.

Sure, there are cases where the presented facts, medical conditions and evidence constitute an undeniable, “slam-dunk” case, but those are few and far between, and we can all recognize such cases and a competent attorney would normally advise such individuals to go ahead and complete the Standard Forms, attach some relevant medical documentation and file for Federal Disability Retirement benefits with OPM.

Then, of course, there are cases on the far side of the spectrum that constitute a “weak” or otherwise invalid case, and those, too, are easily recognizable.  Most cases, however, fall in the middle, within the spectrum where one must affirmatively and by a preponderance of the evidence “prove” one’s eligibility for Federal Disability Retirement benefits.  And for all such cases that fall in that “middle” area of the wide spectrum, what isn’t known is the lynchpin that must be identified and prepared for further assessment and formulation, whether by addressing it in a medical document or reinforcing it by legal argumentation.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: In the “not working” world

Excellence is rarely seen; the artisan is dead to the world; and we all struggle through knowing that trinkets from foreign countries symbolize the incompetence of the universe in which we must continue to exist.  Something is not working.  We all know it, feel it, worry about it and whisper in circles where such things are concealed and rarely revealed.

Life is formed by multiple concentric circles; we live within various spectrums of such parallel universes, sometimes entering into one and exiting another; at other times, remaining stuck in between.  There is the objective reality “other there”; there is, then, the subjective world of our own thoughts, emotions, anxieties and unspoken soliloquies.

There are “worlds” out there that we know nothing about – of corporate boardrooms where issues are discussed that we only read about; of high places and conspiracies; of dungeons in other countries where unimaginable torture and cruelty are conducted; and all throughout, we remain within the narrow concentric circle of our family, friends, the limited sphere of people we know, and the problems that loom large within the consciousness of our own worlds.

Throughout, we know that there was once a time, long since past, where the world worked better; maybe, perfection had never been achieved, but the age of politeness, of courtesy, of communities actually caring and thriving; or, perhaps that existed only in those old black-and-white television shows like “Leave it to Beaver” or “Happy Days” (yes, yes, the latter one was in color).

There is a sense, today, that something is not working; that we live in a “not working” world, and no repairman can be called to “fix it” because no one has the skill or expertise to diagnose the problem, and even if there were such a person, we don’t quite know what the “it” is, anyway.

It is quite like a medical condition that begins to impede, to impose, to interfere – like Federal and Postal employees who have dedicated their entire lives to working for a Federal Agency or the U.S. Postal Service, then are beset with a medical condition that begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal position.

What does one do?  Can the doctor “fix” it?  Often, we have to simply live with it.

In those circumstances, the Federal or Postal employee who suffers from a medical condition and can no longer perform all of the essential elements of the Federal or Postal position, who lives in that concentric circle of a reality of living in a “not working” world, must consider the next steps – of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to step into another concentric universe of sorts, and move on in life.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement for Federal Employees: The mouse in the night

They are heard and often unseen; a scratch somewhere from the far corner of the room; a blur along the space between the couch and the wall; and the mouse in the night scurries along, making some amount of noise more greatly enhanced when the quietude of a late evening descends upon us.

Should we put out a mouse trap?  The problem with that is that the dogs might come down in the middle of the night, smell the cheese and get his nose trapped and yowl with pain, waking everyone up.  Or, hope that the mouse in the night minds his own business, scurries about without anyone noticing, and we can all pretend “as if” he doesn’t live in the same house as you do.

Like spiders, centipedes and other crawlers, the mouse in the night is there, has been, and perhaps always will be; we only try and rid the home of it when we hear it and it becomes bothersome.  That’s how we often treat medical conditions, kids who are nuisances, and neighbors who are irritants – we attend to them only when they reach beyond a level of tolerance or a spectrum of acceptability, and then it is often too late.

When does “not yet” and “too late”, or almost too late meet on the spectrum of provocation?  Does the mouse in the night become the provocateur merely because we hear him and imagine the slow but steady destruction he imposes, or the danger of the wife or daughter in the house who may scream suddenly (or is that being sexist to think that only the female gender will react in such a way)?

The mouse in the night is very much like a medical condition, where it comes and slowly steals one’s energy, eats away at the energy one has stored, and scurries along the contours of the walls in a blur of running confusion.

For Federal employees and U.S. Postal workers who need to now consider preparing 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, the sudden realization that there is a connection between the medical condition and the slow deterioration of one’s ability to perform all of the essential elements of the job can be likened to the mouse in the night – you always knew it was there and that it was slowly eating away, if not by the noise, then by ignoring its presence; you just kept putting it out of your mind because of those “other reasons”, like the trouble it takes, the fact of facing up to it, the avoidance, and maybe even the hope that it would just go away.

But neither mice nor medical conditions go away, but remain as problems that keep gnawing until the hole in the wall becomes too large to ignore.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal & Postal Employees: Staring into nowhere

Except in the slumber of darkness, it is an impossibility of a feat unperformed; yet, the metaphor itself works well, because we all engage in those periods of vacant stares where someone suddenly nudges you back into reality and comments, “It was as if you were lost in thought.”  What does that really mean?

The fact that we can stare, perceive through organically mechanistic means of refractive light upon the cornea of our eyes and yet fail to be “conscious” about the bodily functioning of organs designed to perceive, evaluate, analyze and judge so that other predators may not surprise us for their mealtime delights, is indeed a mystery that evolution cannot fully account for.  Staring into nowhere is the physical capacity to be awake, fully conscious and have perfect vision and eyesight, and yet “see” nothing beyond the point of one’s protruding nose.

In an analogy or even a metaphorical sense, it is the loss of hope because of an inability to see a future bright and with excitable anticipation.  Remember those youthful days when the future yet remained as a potentiality unfulfilled and unable to be fully foreordained because of the unfettered plenitude of energy unbounded to be released forevermore?  We could barely contain the excitement to “get out there” and “show the world” what we are made of, the unleashing of one’s creative energy ready to “wow” the universe that had never seen the likes of such talent and reserve of energetic innocence.

And then something happened.  Life intervened; love paused; a leave of senses occurred.  Or, more likely, we encountered others who had the same hopes and dreams, and recognized that others had already trampled upon the unspoiled grounds of sacrosanct altars, and there was little left for us.  Then, with wisdom and experience somewhat under that proverbial belt, we moved on and adopted some more “realistic” goals, and were perhaps all the more happier for it.

Then again, perhaps a medical condition intervened, and a further and “real” reality set in – one that continued to debilitated and progressively destroy.  Medical conditions can do that to a person, and an agency’s insistence upon antagonizing and creating a hostile work environment somehow adds to the turmoil.

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, is often the only way to ultimately escape that vacant staring into nowhere, precisely because it allows for a vantage point of future security to be recognized.

Staring into nowhere, while escaping into the impractical world of daydreams, may allow for relief for a moment, but the more effective perspective is to look at one’s circumstances, assess the Federal agency or Postal Service’s capacity to denigrate and destroy, and begin taking those steps in preparing for one’s future by considering filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Stifling rationalism

Although it may no longer show in modernity, it was the dominant methodology accepted as reflecting the Aristotelian belief that man is essentially a rational animal, and thus the general approach towards reaching conclusions should embrace the perspective that the criterion of truth is based upon not sensory, but intellectual and deductive foundations.

But if the thought process fails to utilize the formal laws governing deductive reasoning, and nobody reads Russell or Quine, anyway, what is the difference?  Is it merely an appendage to the conclusion reached, by declaring, “That’s the only logical way to think about this!” – and if we add the exclamation point, state it with a clear and loud voice, does that make it so? What is the distinction to be made, from a valuation or validation viewpoint, between decisions and judgments rendered based upon empirical evidence, deductive or logical reasoning, a combination of both or all three, and the contrast as against an “emotional” basis for reaching conclusions?

If an individual engages in complex futures trading on the stock market, for example, and bases such transactional activities upon unscientific methodologies, is it not the success of the venture (i.e., a retrospective judgment on the matter) that will ultimately determine the success or failure of each approach?

Take the hypothetical of the following: Securities and futures trading can now be done with a laptop from home, and we have Jim, Nancy and Deborah, each of whom thinks that he or she constitutes the brilliance of Wall Street’s best and brightest (though none have had any prior experience but are engaged in vocations far and distant from anything to do with it).

Jim looks at the relevant newspaper quotations and likes the way the numbers coalesce, and makes the trade based upon that comforting sensory impression.  Nancy, in a different state and unbeknownst to Jim, has been pouring over the numbers, calculating, looking at the history of past performances, and creates an algorithm founded upon a calculus of probabilities, and pushes that computer button to deplete one’s bank account based upon mathematical precision that approaches some semblance of certainty, but never quite.  And Deborah, well, she possesses on this day a certain “instinctive” feeling about a particular futures trade, and proceeds entirely upon this emotional response.  Of the three, whom do we consider as validated, worthy of following or respecting of methodologies?

If Deborah were to increase her portfolio by, say, 500%, and Jim merely breaks even but Nancy loses her proverbial shirt, would we dismiss it by thinking, “Ah, just pure luck”?  On the other hand, if Jim were to make a nominal profit, Nancy were to obtain significant returns, and it was Deborah who lost everything, would it change our attitudes and confirm the notion that rationalism prevailed because it is the only valid approach to life’s complexities?

The acceptance of rationalism is inevitable for the rational animal; elevating it to a status where all other approaches are stifled, however, can ignore the spectrum of other dimensions just as valid in human life.

For the Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, it may be that “rationality” cautions one to remain in the Federal or Postal job because of job security and financial stability.

But there are other considerations, as well, such as an instinctive will to survive; and when stifling rationalism quiets the voice of health’s call to safety, it may well be time to consider preparing, formulating and filing 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.

Sincerely,

Robert R. McGill, Esquire