FERS Medical Retirement Law: Of Better Times Before

We like to think that; of filtered memories downstream where the pond is pristine and pure.  But the question remains:  Were they?

Romanticization of “before” is a capacity uniquely human.  Today, we even think of better wars before — of World War II, and even of that “Great War to end all wars” — WWI.  To have endured and survived The Great Depression was to have experienced some grand period of American history;  for, of better times before is of a time where communities were intact, children didn’t have the traumas of modernity, and life didn’t have the complexities of Smartphones, Facebook, Instagram and computerized conundrums.

Of better times before — before what?  Before when?

For Federal employees and U.S. Postal workers who suffer from a health condition, the “before when” is answered quite easily:  Before the onset of the medical condition.  And the “before what” is also discernible:  Of that time before when the medical condition was manageable, and it did not interfere with the ability and capacity to perform all of the essential elements of one’s Federal or Postal Service job.

Is it true — of better times before?

It depends upon the time period; but certainly, when health was thoughtlessly taken for granted, there were better times before, and in the comparative “now”, the way forward is to consider preparing an effective FERS Disability Retirement application, and have the time to attend to one’s health in order to reach that dreamland of better times before.

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.

 

OPM Disability Retirement Denial: The Middle Stage

It is like those siblings who are “in between”; of caught in relevance and significance by being squeezed on the one side by the “giant first one”, and on the other side by an even greater presence; and, somehow, the middle stage is lost and forgotten.  Is that how life itself is viewed, as well?  Of being cooed and oohed over the baby-years, and then forgotten once the younger sister comes into the family; or of being cast aside by children in their teenage years, then suddenly realizing that time lost can never be regained, but recognizing that one’s parents now are too old to appreciate?

Is that why the “Middle Ages” are viewed as irrelevant, stuck between the “Ancient Era” of the great Roman and Greek periods, and then suddenly skipped over into the Renaissance and into modernity?

The “Middle Stage” is like the Middle Age years — of being present but quickly fading; of being there but barely noticed; of shying away and fearing the next stage because the one before was so full of energy and the disappointment of the failures of the previous stage is merely a foresight into the fearful expectations of the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “Middle Stage” is called the “Reconsideration Stage” of the administrative process.

The Reconsideration Stage is the stage where the Federal or Postal Disability Retirement application has been denied at the Initial Stage, and it is the Stage before the Third Stage — an appeal to the U.S.Merit Systems Protection Board.  It is not a stage to be “overlooked” — as some inevitability of a further denial — but one which provides for an opportunity to enhance and add to one’s Federal Disability Retirement application by providing additional medical and other documentation in order to obtain an approval from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

If the applicant decided to forego consulting with an attorney at the Initial Stage of the Federal Disability Retirement process, then it is a good time to consider contacting an attorney at the “Middle Stage” — the Reconsideration Stage of the process — to discuss the next and crucial steps in order to correct any past mistakes and affirmatively assert the proper legal basis in meeting the preponderance of the evidence criteria in your quest to obtain Federal Disability Retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Noh & Other Masks

Every culture has some element of representative theatre of art, and Nogaku is the classical Japanese form which tells the narrative of human suffering, trials and challenges encompassing masks, elaborate costumes, and traditional music reflective of the times and periods of tragic and comic proportions throughout history.

Why are masks used?  What is it about the frozen caricature, that moment in time when a look, a grimace, a smile or an unconcealed filament of emotion that encapsulates human suffering, tragedy or a breeze of joy?  Masks frozen reveal but a singular moment — or so one assumes, until you look at it from a different angle, a changed light, or perhaps when one’s own emotions alter and bring to the stage the experiences and baggage accumulated throughout a lifetime.

Masks fascinate — look at the glee, fear and awe on a child’s face, and those memories frozen in time as the child claps, stares, puts the tiny involuntary hand to his or her mouth, as the play before unfolds, whether in life or on the stage.  We all wear masks; some to conceal, others to gloss over.

For Federal employees and U.S. Postal workers suffering from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties, the daily mask in order to conceal the progressive deterioration of one’s health, is no different from the theatre of plays performed.

Only, for the Federal and Postal worker who must consider 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 “play” never ends, as real life is ongoing; and the mask worn changes not in response to the altering angle of light, but rather, because of the unremitting articles of life which slowly chip away at the brave face of time, like the dust of age which fades the painted Noh mask, whether on stage or in the arena of daily living.

Sincerely,

Robert R. McGill, Esquire