FERS Disability Retirement Help: The Next Move

What thoughts are connoted from such a phrase?  For most, it is perhaps the penultimate game of the Western world — Chess.  Or, if you have been exposed to Eastern or Oriental influences, the game of Go.  Perhaps neither — and the phrase, “the next move”, may evoke thoughts of a basketball player or some other sport which requires a “next move”.

Back to chess — for, as it is played by slow and deliberate increments of moving pieces on a board, there is always a “next move”, until there is not.  As well, in the game of Go, white and black pieces are set upon a board, each player attempting to make a double-“eye” in order to secure their vulnerabilities, until there is no more room to protect.  Often, our lives are reflected in the metaphor of such board games, whether of chess or of Go.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement benefits becomes a necessary next move, you may want to contact a lawyer who specializes in Federal Disability Retirement Law.

Whether the next move is an initial application, or a response which must be filed with the U.S. Office of Personnel Management for a Denial of your Application for Federal Disability Retirement; or, from a second “Reconsideration Denial” resulting in a need to file an appeal to the U.S. Merit Systems Protection Board — contact an experienced attorney who is knowledgeable about the next move which must be taken.

For, whether in chess or a game of Go, or in filing for Federal Disability Retirement benefits, it is always important to make sure that the “next move” is the one which will advance your cause with a winning strategy.

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 & Postal Medical Retirement: What is the Goal?

Is it to merely reach retirement age?  Does it matter what the “quality” of life will be, or is it just enough that one has reached the age and “time-in-service” requirements, despite being debilitated by a medical condition?

Goals are funny animals; once set, most of us are determined to reach them no matter what the cost.  Yet, there is no unchangeable rule that states that a given “goal” cannot be modified.  Yes, we tend to liken goals to “rules” by which we play games, conduct sports events and live our lives according to the “laws” of which we are aware.  But personal and professional goals — they are set within the constrictions of our own minds, desires and will, and can be modified as circumstances change.

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 question must be asked, What is the Goal?

If a career goal is impacted by a medical condition, then the goal itself must by necessity adapt to the new circumstances.  Filing a Federal Disability Retirement application is a form of adaptation to a changed circumstance.

Consult with an OPM Disability Attorney who specializes in OPM Disability Retirement Law, and consider what the goal is, in the first place, and secondly, whether your present condition and circumstances might not warrant a modification of that original goal.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Competing Interests

It is a concept which is familiar to all; for, within a society where various individuals interact, where each person represents a self-interest and groups of individuals combine to form aggregate (or “corporate”) interests, the competition that develops and erupts is a natural phenomena.

For the most part, society operates well and rather smoothly; courts allow for competing interests that have reached a point where resolution must be arbitrated by a third-party authority; physical violence where competing interests resulted in an altercation are resolved by a criminal judicial system; and a well-trained police force deals with competing interests where laws have been violated.

Between nations, competing interests are often resolved by diplomatic negotiations — or end up in wars, resulting in devastation and famine for the general population.

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 competing interest which should be identified are: The applicant, whose interest is to obtain a Federal Disability Retirement benefit; the Federal Agency or Postal Unit, who may or may not be supportive of the employee/applicant, and thus may represent a “first order” competing interest; and the U.S. Office of Personnel Management, whose competing interest is to deny, where possible, the employee’s application for Federal Disability Retirement benefits.

There is also a fourth “competing interest” — that of a Federal Disability Lawyer who will effectively represent the Federal or Postal employee.

Such a lawyer, however, “competes” against the Agency and OPM, and advocates for the Federal or Postal employee.  Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and consider whether or not you need proper legal representation in competing against the competing interests you will be facing in a Federal Disability Retirement application.

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
Postal & Federal Employee Retirement Attorney

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

 

Medical Retirement from Civil Service: Preparing properly for each stage

We often hear (and perhaps secretly scoff at?) the modern verbiage of a “Holistic” approach, where the missing consonant makes all the difference – as in the non-word, “Whole-istic”.  It is the approach often ignored and replaced by its cousin – of looking at each stage of every unit in and of itself without taking into account the entirety of the process of an administrative procedure.

For Federal Disability Retirement purposes, that is entirely and wholly a wrong approach.  No unit or stage is an island, entire of itself; every stage of the process is a piece of the whole, and we should never doubt for whom the bells of legal limitations toll; it tolls loudly for the Federal Disability Retirement applicant – to misquote and paraphrase John Donne.  For the Federal employee or U.S. Postal worker who is considering preparing a Federal Disability Retirement application, the thought of having it denied at the Initial Stage of the process rarely – if ever – enters one’s mind.

Why?  A tentative answer must always include the following: A person who suffers from a medical condition, and feels the chronic, intractable pain, or the turmoil of psychiatric trauma with loss of mental acuity and cognitive dysfunctions, cannot fathom a bureaucracy denying that which would seem self-evident to the preparer of the Federal Disability Retirement application.

There would be, of course, other explanations just as viable and valid, and dependent upon each person’s individual circumstances.

A simpler explanation can also be posited, which would more closely follow the rule of Ockham’s Razor —  that in the rush to put together a Federal Disability Retirement application, anything but a focus upon the “First Stage” of the process is simply too complicated, and cannot be envisioned by an applicant who is mired in the complexities of just “living” – of trying to still work; of dealing with the medical conditions; of trying to gather all of the medical and other evidence required in putting forth an effective Federal Disability Retirement application.

Is this short-sighted?  Perhaps – but it is what is called “reality”.

It is only the Federal Disability Retirement lawyer – one who has “dealt” with hundreds, if not thousands, of cases of Federal Disability Retirement, who can preemptively prepare for stages beyond the Initial Stage of the Federal Disability Retirement process.

In the end, preparing properly for each stage of the Federal Disability Retirement process means that you should lay the groundwork for the possibility of beyond – not much different than planning for tomorrow, for a year from now, or of taking into account the possibility that the entirety of the process includes multiple stages, and that is precisely the point:  Federal Disability Retirement is made up of multiple potential stages, and the proper preparation of each should always include a view which encompasses the next, and the one after that, and even perhaps the last of the multiple stages.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Private thoughts, public offerings

The bifurcation of human contemplation can take many forms, and rarely do they conflict with each other, unless the former is involuntarily injected into the cauldron of the latter.  One can hold private thoughts contrary to one’s public image; and the public self can contradict the private soul without a condemnation of hypocrisy, so long as the two are never manifested as unconcealed revelations of surprised protocols.

We suspect that exacting consistency between the former and latter has never existed in the history of mankind – beginning with the dawn of hunters who trembled with an inner fear so violent that want of flight was paused only by the shame that would prevail at the tribal dance where bravery, conquest and manhood are celebrated; or in more “civilized” settings when socialites raised eyebrows upon behaviors deemed uncouth and agrarian, where divisions of social consciousness resulted from the miscreant amassing of wealth previously unknown.

Can resentment be concealed in a long-enduring marriage, or fear of death be tightly coiled within the heart of a warrior?  The samurai who gave his fearless allegiance to the daimyo, who in turn swore body and soul to the Shogun – did they avert the openness of their trembling by dispensing favors and accolades to the underlings who disseminated the fearsome bloodlettings?  And what of politicians today – the acceptability of having a “private belief” contrary to the “public stance” – do they constitute a hypocrisy, or an acceptable division of setting aside personal feelings for the greater good in public service?

Often, the misguided confusion arising between a conflict of contrasting private thoughts and public offerings, is just that:  We fail to contemplate the ends thought, and mix the means for motives untold, and in the muddle of such a conundrum of confusion, think that it reflects upon the meanness of our own souls, without recognizing that human frailty must always allow for a bit of good humor, if we are to survive the self-flagellation of our inner desires.

Federal employees and U.S. Postal workers have this same problem – of fealty and loyalty to a Federal daimyo or Postal Shogunate without considering the misguided and irrational basis of such compelling inconsistency.  The thought that loyalty to an agency or fealty to the Postal Service must continue despite hostility and abuse perpetrated merely for suffering from a medical condition brought on through no fault of the Postal worker or Federal employee, is tantamount to the bifurcation between private thoughts and public offerings:  publicly, in the company of coworkers, supervisors and managers, the smile of contentment and membership in the agency’s team spirit must be on full display; privately, the suspicions and paranoia mount because of the workplace hostility engaged by others.

Betrayal itself is often a misguided embracing of a blind trust; you cannot betray those who have already undermined your every turn.  Filing for Federal Disability Retirement benefits, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a very private matter, precisely because it involves the most private of information – one’s medical condition and the records which reveal the intimate and private details of it all.

Filing a Federal Disability Retirement application, first through one’s own Agency or H.R. Department, then to the U.S. Office of Personnel Management, is a “public” act in many ways, and it is that act alone which often makes one pause.  But this is where the “rub” must be faced:  In order to access a public right (filing for Federal Disability Retirement benefits), some extent of the private information (the medical condition; doctor’s narratives, office and treatment notes, etc.) must be “offered”.  Yes, it is a difficult decision – but one which must be faced in order to get beyond the private hell within the cauldron of the public hostility and workplace harassment which will only continue until an effective Federal Disability Retirement application is approved by OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Implicit Questions

In many questions, there are multiple sub-questions.  Take, for example, the question:  Why are you so tired?  You may respond first by answering the unasked but implicit question by declaring:  “But I am not tired”.  That is not what the question asked.  Such an answer is a response to the implied question within the question, of:  “Are you tired?”  To the question actually asked, the proper response might be:  I stayed up late last night reading.  The presumptive sub-question unstated and silent but implicit in the major question posited in duality of a contingent combination, is precisely what is often termed as “lawyerly”, and thus somehow deceitful, tricky and attempting to subvert by having the responder accept a non-explicit presumption of facts.

The classic example, of course, is the cross-examination query stated variously as:  “When did you stop beating your wife?”  Before an objection is launched, the unwary witness might respond, “I didn’t” – meaning (from the witness’ perspective) that he never beat his wife in the first place, when in fact such a response evokes a different meaning – that the individual never stopped beating his wife, and continues to do so up until the present.  There is, in such a duality of question/sub-question combination, the presumptive prefatory inquiry, stated as:  “Have you ever beaten your wife?”

It is, in many ways, the capacity and ability to dissect and recognize the need to bifurcate or even trifurcate linguistic bundles that require thought, reflection and insightful methodologies in order to help define existence as successful or otherwise challenging.   Life is a tough road to forge; language opens the world by allowing for avenues and pathways of communication, but it also compels constructing obstacles that deflect and defeat the reality of Being surrounding us.

In the linear historicity of language and the explosion of thought, conceptual paradigms and communication inventories, the commingling of questions, the looseness of language and the careless ways in which thoughts are provoked, may lend itself to confusion, puzzlement and an inability to solve problems.  That is, of course, the strength of argument impounded by the British Empiricists, and while their collective denial of any substantive issues inherent in philosophical problems is itself suspect, their contribution in attempting to identify peripheral, “non-substantive” issues arising from the imprecise usage of language, in contradistinction to central and essential conundrums, helps us all.

For Federal employees and U.S. Postal workers who are preparing to formulate a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, a word to the wise:  SF 3112A contains multiple implicit questions, and bifurcation – nay, trifurcation – is an important element to consider and resolve.  Be cognizant of the implicit question – lest you answer the major question without considering the prefatory query.  Standard Forms are replete with compound questions, and the unwary will inevitably fall into the trap of answering the question posed on the surface, and in so doing, admit to facts presumptively “hidden” in sub-questions unasked.

Preparing a Federal Disability Retirement application requires the effort of untangling such compounding and confounding queries; it is up to the unwary Federal or Postal employee to bifurcate and trifurcate such attempts, and to dissect, with precision of purpose, the questions unasked, and answer those which are both prefatory and sequential.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement Benefits: Cloud of thoughts

The metaphorical connotation represents the state of many who wander about the earth; that is why the statistical reflection of accidents and injuries can never quite be diminished, and the constancy of conundrums concerning catastrophic clemency of uncharacteristic conduct can never conclusively conceal the calamity of creativity.  Sorry, but once alliteration is initiated, it is difficult to extricate one’s self from the poetry of consonants and vowels dancing in tandem.

But more to the point:  the Human Animal is unique in that it is the only one of the species that walks about in a cloud of thoughts.  Moreover, in modernity, the exponential magnification is starkly evident because of the draw by Smartphones, computers and other hand-held devices.  Once upon a time, long ago, there was the public phone booth; then, doctors and other impressive individuals carried around pagers (or otherwise known as “beepers”), and anyone who suddenly received notification through this anomaly of a wireless device was immediately recognized as someone important, for who else would need to be contacted as so indispensable as to require interruption during a meal at a restaurant, or in the middle of a gathering or event?

Then, of course, technology and the inventors of the universe decided that, democracy being what it is and value, worth and significance of each individual being equivalent to one another, we should all be deemed special – and so, instead of being forced to wear dunce-hats and be made to sit in a corner excluded from participation with others, either because of our behavior or our witless comments – fast-forward to today, and everyone is special, all are important, and none are lesser than the next person.

And so we now have everyone lost in checking text messages, updating, button-pushing, twitter-feeding, whatnots and no-nots and know-hows and know-nots; all deep, deep in clouds of thoughts.  Or, not.  Is there a difference between walking and wandering the surface of the earth, lost in a cloud of thoughts, as opposed to being glued to one’s Smartphone or other electronic device?  Is one of greater value or relevance than the other?  Is there a difference between the cognitive input or brain waves of distinction, or is it all just a fuzzy feeling of angst and suspicion?  Do MRIs reveal anything when we see the graphic images of cranial activity and color-enhanced dullness of inactivity?  Or do such images merely provide a parallel sense of correspondence, as opposed to causal efficacy?

For Federal employees and U.S. Postal workers who are considering preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the engagement of a cloud of thoughts can be twofold:  One, it does take some thought and preparation in order to formulate an effective Federal Disability Retirement application, and so being under a cloud of thoughts is a “good” thing; but Two, that proverbial “cloud” that overshadows the Federal or Postal employee because of the concerns surrounding the ongoing medical condition, can only be “lifted” by moving beyond the job and career which only serves to exacerbate one’s circumstances and conditions.

Preparing, formulating and filing an effective Federal Disability Retirement application through OPM involves both a cloud of thoughts, and services to lift one from the burden of those clouds.  Now, if only we could do something about those hand-held devices which provide us with those scary images of brain inactivity, we might also save the world at the same time.

Sincerely,

Robert R. McGill, Esquire