Federal Disability Retirement Law: Of What Others Say

It can become an obsession, of sorts; of what others say, the gossip mill grinding out the tidbits of misinformation relayed in corners and hallways of offices; and the furtive looks that raise eyebrows and suspicions beyond the imagination that goes wild with unfettered fears abounding.  Of what others say can be disconcerting, dismaying and disturbing; and while some can purport to remain unbothered by it all, most have a baseline of sensitivity which is jostled by the whispering negativity of others.

Of what others say — it can ruin a reputation, delay a promotion or dismantle a friendship, all in the swooping cupful of a comment thrown, a statement carelessly (or carefully) lobbed, and like a javelin piercing the hardened earth beyond, directed with precision so that the one who hears will have an implanted seed which grows from doubt into a full-grown tree of suspicion.  Whether true or not, the words whispered can travel far and wide, and can become dispensed indiscriminately amidst the rumor-mill of destructive conclusions.

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, filing an OPM Federal Disability Retirement application through — first one’s own H.R. Department (if you are not yet separated or, if separated, the separation has not been for more than 31 days) — the U.S. Office of Personnel Management, it is important to consider the timing of one’s filing, as well as who to inform, what to inform, and how to inform.

Rumors are bound to abound; and of what others say can often be countered with effective legal representation, where the very entrance of an attorney can set the record straight.  Consult with a Federal Disability Attorney who specializes in Federal Disability Retirement Law, and let the things of what others say become a whisper of nothingness that silences the gossiper’s stammering lips.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: That Looping Music

It is somewhat bothersome and irritating, especially when you don’t even like the musical slice or would have gotten tired of the repetition of either the rhythmic beat or the chorus of words sung over and over again.  No matter the attempt — of trying to replace it with another tune or song, or simply concentrating upon banishing the repetition by sheer will — somehow, when the mind tires or the focus wavers, it comes back without any conscious attempt, and we find ourselves with the same words looping back into our minds.

No matter our attempts; it is only time which vanquishes and vanishes, until we realize that not only are we no longer looping the musical piece over and over again, but we cannot even remember how it went.  Or, if we do remember, we have done the very opposite of what we set out to do — for, by remembering, we begin again the looping of that tune or poetic ensemble all over again, only this time in a weaker version than the previous time.

Time does, over time, heal; that is a tautology of sorts, of course, but it is a truism that is only half-true.  For, beyond time itself — we also have to give it a chance to heal, and 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 job, the mistake that is often made is to simply think that the medical condition will go away and that time will heal all things. But unlike the looping music that keeps gnawing and nagging but eventually fades from our memories, a medical condition will often possess a persistence that is stubborn beyond time’s ability to heal.

Consult with an attorney who specializes in Federal Disability Retirement Law and begin to allow for time to heal, and don’t expect the medical condition to go away in the same way that the looping music which hangs around for a time will fade away in its natural course of playing itself out.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Constellation of our lives

Of what do we owe to the constellation above; and of their placement, do we wonder whether our lives are impacted therefrom?  The order of the universe — of the date and time when we were born; of a day’s happenstance, of luck or coincidence; do we wonder, or is Darwin the god to whom we bow out conscious lives, forever pursued by the genetic code within but never by the stars beyond?

Shakespeare, of course, made multiple references to the constellation of our lives, as in Hamlet, Act II, Scene 2:

Doubt thou the stars are fire;
Doubt that the sun doth move;
Doubt truth to be a liar;
But never doubt I love.

There are surer things in life; and yet, under which stars we were born, the order of the universe, the rhythm of a cold and impervious reality “out there” — is there a purpose, and does the question ever get answered, or only remain as a query without a response from one generation to the next?

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 job, it may well be that the constellation of our lives have been re-ordered or misplaced, and that the gods have made sport of the misery that overwhelms.

When such occurrences beset, the trick is to intervene and re-order the re-ordering of the stars, and one way to do that is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to take control of the constellation of our lives, and to not let some fiction of a predetermined “fate” rule over us merely for the amusement of the gods of the underworld.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Goals of abstract purity

Idealism allows for the plethora of such concepts; cynicism born of age and experience quells the exuberance of such vaunted beginnings.

When we were young — no, not the opening lines of a Christopher Robin poem where the hunt for a clove of honey is the day’s goal, but an observation about life’s folly — we harbored principles and moral codes that required strict purity: Success without compromise; life that is perfectly lived; avoidance of mistakes that our parents made; beautiful kids who will exhibit their inherent creativity at every turn, without a wail or disobedient scream of tantrum; and even if such goals of abstract purity never come to fruition, at least there is Instagram in the modern era where we can pretend to have achieved such paradise of ends considered.

Youth pretends to such abstractions; reality tends to soil such purity; and goals formulated at the beginning of life require constant moderation and adaptation to the experience of reality that is encountered throughout.  Such goals of abstract purity are best left in the Ivory Towers of Academia, or in the forgotten memories of childhood dreams.  For, it is reality and the objective world which must be contended with, and not the conceptual paradigms that make up the dreams and fantasies of our former selves.  In the end, grownups don’t have time to waste upon the goals of abstract purity because life is too challenging and reality too stark.

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 position, the Goals of Abstract Purity should be replaced with the Ends of Realistic Objectivity: Of continuing with the Postal Service or Federal Agency only to the extent that one’s health will allow, and to begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

And what of those former Goals of Abstract Purity?  You should place them upon the heap of memories that allowed for youthful folly, and realize that one’s health is the ultimate goal of purity — and it is no longer a mere abstraction, but a reality that must be faced.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Hovering nostalgia

The image connotes a sense of lightness of being; for, to “hover” is to have that levitation of weightlessness, and it is in the moment of nostalgic interlude that we experience the concurrent sensation of becoming lost in the memories of forsaken pasts.

Nostalgia is to Man what icing is to a cake; without it, we live in the reality of dreaded days where the future is merely a repetition of Sisyphus’ burden and the past cannot be recovered because of regrets and forlorn slumber of forgotten days; and like the icing that failed to sweeten the crestfallen cake, so we hover over nostalgia because we need to cling to the past.

Hovering nostalgia is what we do when we recall the days of youth when worries were still for tomorrow, when the future seemed limitless and a time for anticipated conquests without fear or trepidation; and yesterday was too near to consider in the face of youth’s folly.  Was there such a time of innocence when troubles were without regret?  Was I once a young man of character where the future was yet bright and without fault?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition demands a change of career, it might well be that the hovering nostalgia of a time past and a future uncertain makes one pause and wonder; but the plain reality is that we must be able to adapt to the changes that unexpectedly come, and face the starkness of our present condition.

Federal Disability Retirement is a complex administrative process; to maneuver through the bureaucratic morass without the advice of counsel may be possible, but perhaps unwise.  There are multiple pitfalls and potential legal obstacles at every turn; and while the world of yesterday may engender hovering nostalgia for a time where filing for Federal Disability Retirement benefits did not have to be considered, it is the reality of the “now” which must be dealt with.

For the Federal or Postal employee who must consider the stark choice of FERS Disability Retirement, gaining access to a trove of legal experience should be the first move in proceeding with Federal OPM Disability Retirement, lest the hovering nostalgia of forsaken memories creates a further obstacle unanticipated.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The formulation

There is, first, the preparation; then, the formulation; and finally, the filing and the waiting.  Are the sequence of steps necessarily separate and identifiable — cleanly bifurcated such that there is no overlapping of concerns?  Of course not; but the three elements in a OPM Disability Retirement application are necessary for the successful outcome of the endeavor.

The “preparation” is often skipped in order to get to the “filling out the forms” portion, which is contained somewhere between the preparatory stage of the process, extends into the formative arena and comes to fruition just before filing, as the finishing touches are placed in refinement of the final product.

The analogies are numerous: of baking a cake — first, one must have a “recipe” (the preparatory stage of the process); then, in between the preparation and the formulation, one must gather all of the ingredients necessary to fulfill the recipe: i.e., the medical documentation; the legal citations to be applied; perhaps other ancillary supportive presentations; the Applicant’s Statement of Disability; and the multitude of other papers which will ultimately accompany the Federal Disability Retirement filing; then, the filing itself — of placing it into the oven and waiting while it bakes to final product.

It is, in many ways, the “formulation” part of it that fails the Federal employee or Postal worker putting together an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — for, the rush to get it done is often comprised by a furious sense of desperation in gathering whatever medical records can be amassed in the shortest time possible; of quickly jotting down the things “wrong” with you on SF 3112A, Applicant’s Statement of Disability; and then quickly “shoving” it into the oven hoping that it will bake quickly and come out well.

Yet, while the “recipe” is important, and the filing is crucial, it is the “formulation”of the OPM Disability Retirement packet — of the putting together in a thoughtful and persuasive manner the legal memorandum which cites the case-law, argues the evidence and providers a “road-map” for OPM to approve one’s Federal Disability Retirement application — that is often overlooked and becomes the unintended nemesis for a successful outcome in a OPM Disability Retirement application.

In skipping over that part —the formulation of a Federal Disability Retirement application — it is likened to that “uh-oh” moment when you realized that you had forgotten to put any butter, milk or other essential ingredients into the cake after you have already put it into the oven.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Foreboding Sense

Are such “feelings” valid?  Does it even make any sense to apply the criteria of validity to a “feeling”, or are there circumstances where a foreboding sense of things can be accepted as a confirmed truth?  Does an outcome-based application of the criteria determine the validity of a feeling?

Say, for example, an individual possesses a 100% success rate in confirming the truth of a foreboding sense — does it validate the feeling?  Or is it based upon the foreboding sense that is declared to others who can confirm it?

A foreboding sense of things to come can, indeed, be valid, both as an outcome-based, retrospective confirmation as well as a singular instance of validity based upon a person’s experience.  For, just as statistical analysis cannot refute the probability of something happening the next time (ask a person who was actually attacked by a shark, or hit by lightening, as to whether the statistical improbability of an event makes any sense), so a person’s foreboding sense of things to come can never be mollified until the passing of a non-occurrence.

Such foreboding, however, can sometimes be assuaged and tempered by greater knowledge gained, and for Federal and Postal workers who suffer from a medical condition where the medical condition is beginning to impact one’s ability and capacity to continue remaining employed with the Federal Agency, it may be time to consult with an attorney to discuss the possibility of filing a 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.

A foreboding sense of an impending event may be validated by an outcome-based perspective; or, it may be a subconscious capacity to sense something that our conscious senses are unable to quantify.  But of whatever the source, it is often a good idea to confirm the validity of such a foreboding sense, and for Federal or Postal employees who have a foreboding sense of one’s circumstances because of a medical condition, the assuaging potion of choice is to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire