Postal and Federal Employee Disability Benefits: Trying Out New Things

Or approaches.  Or new ideas.  Is there ever anything wrong with that?

This is America — or so we like to say — the land of pioneers and the breed of explorers and entrepreneurs who reflect the “New World” approach to everything: stamp out the old, bring in the new.  But at what cost?

That is, of course, the essence of the debate:  Of whether there is justification, moral or otherwise, to allow for the “new” to replace the “old”.  And, what if the “new” is merely a short-term fancy which has never been tried and tested?

We are doing much of that these days — of subjecting everyone to Smartphones and Internet-based learning, without any data regarding the long-term effects of such approaches; of non-judgmental therapeutic methods which fail to hold people accountable for their actions; and, somehow, we have bought into the idea that “new” is a synonym for “good”.

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, trying out the “new thing” called Federal Disability Retirement is not really anything new; rather, it may be a newly-acquired consideration prompted by your medical condition and the need for change, but the reality is that there is a long and tested body of law which will determine whether or not you are eligible for Federal Disability Retirement benefits.

It is “old” in the sense that it has been around for a long time, but “new” to you because you may not have needed to consider it until lately.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and begin the process of trying out this “new” thing, which is actually an “old” thing, but in trying it out, has become entirely new to you.

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 Medical Disability Retirement: Self-Consciousness

It is a state of heightened awareness of one’s self.  At what point does an individual first experience such an encounter?

For, the newborn, the toddler, the young lad — it is through the encounters with the objective world, fully conscious, certainly, but unaware yet of the reversal and looping back into one’s own being.  Some would posit that the state of self-awareness cannot occur until there first exists a “self” of some sort to begin with.  Thus, a newborn cannot be self-conscious because there is not enough of the “stuff” of one’s self in order to be aware.

Thoughts, beliefs, memories, a history of having been — these, and much more, in their aggregate and totality, comprise the molding and making of a “self”, and awareness of one’s self — of self-consciousness — can occur only when enough of the self has been developed in order to realize the very existence of one’s self within a universe of many others.

In the end, self-consciousness is merely a state of heightened awareness of another being existing within a world of multiple beings, who happens to be one’s self.  Too much of such self-awareness — a preoccupation, as it were, or an obsession to the exclusion of the needed encounter outside of one’s self — can become unhealthy.

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, becoming self-conscious as to one’s medical condition and the state of existence in relation to one’s career and Federal Agency or Postal unit is a natural phenomena — precisely because of the impact of one’s medical condition upon one’s self.

Yet, such preoccupation must ultimately be translated back to a direct engagement with the world, by preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and begin the process of looping back away from self-consciousness, and engagement with the world around.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Disability Retirement Benefits: Not Just

There are at least two meanings to the phrase; one can be considered as a declarative sentence, complete in itself; the other, a prefatory remark, unfinished and incomplete.

Yet, perhaps both are correlative in their meanings, and essentially state the same thing.  For, one can witness a violation of human dignity and declare, “Not Just!”  That would be one sense.  Or, a person can lament the incompleteness of describing one’s personhood, as in: “I am not just X, but also A, B and C” — or, more particularly, for someone to be seen only as a plumber, a teacher, a student, a child, etc., without regard to the greater complexity and inner psychological intricacies that make up the whole person.

But, perhaps, the two meanings merely complement each other: It is not just to just consider a person in a one-dimensional manner.

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 Federal or Postal job, the danger is that the Federal or Postal worker begins to become characterized more and more as “just” that individual who isn’t capable of doing his or her job, anymore.

People judge others quickly and harshly; there is rarely any nuance to the judgment.  Either you are good or bad; proficient or not; part of the agency’s “team”, or an outsider.  And when a medical condition hits, you are “just X”.

Contact a disability lawyer who specializes in FERS Disability Retirement Law and begin the process of preparing, formulating and filing an effective Federal Disability Retirement case so that you become not just another casualty in the heartless world of a bureaucratic morass, but a person not just defined by your medical condition.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement from the OPM: The Preparation

There is enough success by merely “winging it” — of coming into a “situation” without adequate preparation; of stories where luck just happened to accompany the moment, etc.  The vast majority of “other” success stories, however, are accounted for by hard preparatory work, long hours of training, research, review of the evidence, etc.  Perhaps there are some of those who can walk into a meeting and immediately impress the participants; or to cut short a practice and still dominate on a basketball court or field of play; but in the end, it is the preparation which insures the success of the “after” — of the actual game, the real deal, etc.

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, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is a necessity which likely cannot be avoided.  It is that first part, however, which will be the most crucial step — of the preparation involved, before the final formulation and filing.

Consult with a Federal Disability Retirement Lawyer as the first step in the preparation of your application; for, in the end, it is the proper beginning which always counts the most.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Other’s Misfortune

Why is it that the other’s misfortune is a relief, of sorts?  Some relish in talking about it — often referred to dismissively as “gossiping”; while still others possess a superstitious fear about even referring to it, lest you attract attention and bring upon yourself the other’s misfortune, as if it is some sort of infectious disease which can be caught and spread upon its mere mention.

We tend to think of the other’s misfortune as a statistically relevant event, as if there are a certain set of misfortunes and each of us are in line to receive one, and our individual chances of being hit with a misfortune increases if the next person nearest to us has been hit with one.

Thus do we believe that if a death is experienced in our next door neighbor’s home, then ours must be next; and do we think in similar terms when good fortune comes about?  Does a gambler — or even a person who plays the lottery — believe that if the person next to you has hit the jackpot, that somehow you must be “next in line” and have a greater statistical chance of hitting the next “big one”?

Avoiding the “Other’s” misfortune has a sense of relief because we all believe that whatever fortunate circumstances we find ourselves in, we believe to be tenuous at best, and at worst, a mere streak of good luck that we neither earned nor are capable of retaining for long.

For Federal employees and U.S. Postal workers who suffer from the misfortune of a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is no longer the other’s misfortune that is worrisome, but of your own.

Consult with a Federal Disability Lawyer who specializes in FERS Medical Retirement Law, lest the misfortune that is not of the other’s may become compounded because the Law’s lack of compassion may not sit well with a misfortunate which fails to abide by the Agency’s “mission” or the Postal Service’s need for labor to remain uninterrupted.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Application: Denials

They come in various forms; of self-denials representing a sacrifice in order to allow loved ones to reap the benefits; of denials meant to avoid the ugliness of reality; or of denials which prevent a person from entering a premises, advancing in a career or progressing in an endeavor.  Of whatever form or content, they leave the denied applicant a sense of disappointment, a temporary state of suspension and often a profound feeling of uncertainty.

Does one “give up” when a denial occurs?  Or, does one find an alternate route, a way to rebut and with a reenergized sense of purpose?

To be denied is to be defeated for a time; to be defeated is to give up entirely; but to avoid the finality of defeat, one must regroup and counterattack, in whatever form that may take.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who have been forced to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management by necessity of an unwanted medical condition — a denial from the U.S. Office of Personnel Management is not the proverbial “end of the road”.  Rather, it is simply the beginning of the fight.  Who said that life’s pathways are easy?

Although OPM often makes it sound “as if” you never stood a chance, that your case was flawed to begin with or that there was never any validity to the claims you have made, that is simply their opinion on the matter.  What matters is whether your case has merit, and the merit of a case depends upon the laws governing FERS Disability Retirement Law.

Consult with an attorney who specializes in Federal Disability Retirement Law, and don’t let a denial automatically lead to a defeat; for, there is a reason why Federal Disability Retirement allows for various stages of appeals — precisely because a denial by OPM is not the end of the matter, but merely a beginning to the fight which must ensue.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Keeping it all together

It is hard enough to keep things together without those “extras” impeding, interrupting and infringing upon one’s time.  Then, when that proverbial “straw that broke the camel’s back” is placed before us, a sense of doom and gloom (another trite, overused and ineffective phrase that is applied as a euphemism to conceal the crisis-point of our existence) pervades and blankets, like the undisturbed blanket of snow covering the desolate fields of an abandoned farm.

We say to ourselves, “Well, if I can make it to the weekend, I will be able to rest and recuperate” — unless, of course, it is Monday morning, or even Tuesday, and the “weekend” seems like an eternity away.

This is a stressful world.  The very busy-ness of life; of the daily demands placed upon the psyche — even of those stresses we don’t even notice, of impinging and daily overload of factors whirling about us; traffic; news; information from emails and other Internet demands; and then there is the question as to how many other people around us, unknown to us, are barely themselves “keeping it all together”.

We live lives of pressure-cookers; whether the top explodes or not is barely a matter of thin lines and close calls.  Then, when a medical condition intervenes, it is as if the excuse to keeping it all together disappears — precisely because the very foundations for the reason to continue as always have all of a sudden disappeared.  Medical conditions shake the foundation of one’s existence: What is this all about? Why am I killing myself doing this, when the stress of this life merely exacerbates the destructive force of the medical condition itself?

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 ability of “keeping it all together” often falls apart when it finally becomes apparent that the price one must pay just to maintain a facade and semblance of “keeping it all together” is too high.

Filing for Federal Disability Retirement benefits is an option to consider. Consult with a FERS Attorney to discuss the viability of your case, and then take the advice into consideration in the ongoing effort of keeping it all together.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Promising Beginning

We look upon with sadness that which once was, and remorsefully retro-fit what could have been despite that which never was meant to be.

The promising beginning is the one that originated with fullness of hope and expectations; then, there is a “middle ground” — a point where paths diverge and perhaps the critical juncture where success, failure, or something in-between presents itself; and then the journey continues for some time until a point is reached where retrospective regrets may begin to develop, and we think to ourselves: Ah, what a promising beginning, but….  It is, of course, the “but” that pauses and the silence which follows that tells us all the rest of the story; of the wrong path taken, the promise left unfulfilled and the caravan of decisions left undiminished.  But from whose perspective?

Perhaps there were interruptions — of relational interests that took some focus away, or a boredom which set in to detract from the singularity of focus which was required; but such decisions may have merely moderated that “promising beginning” that was never meant to be.  And of those issues where one had no control over — such as a medical condition that reminded one that, while careers are important for a time, one’s health should always be a priority, no matter the time or circumstances.

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, and where the once “promising beginning” seemingly has stalled or stopped completely because of the medical condition, it may be time to shed one’s self of false expectations and unrealistic values, and to look to the future by preparing, formulating and filing for Federal Disability Retirement benefits.

Not all beginnings are meant to have an ending as promised, and in any event, remember that the only promise that needs keeping is the one that allows for an ending of hope, where expectations include the priority of one’s health and the necessity for change when change is required.

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