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

 

Legal Representation on Federal Disability Retirement Claims: Plans

We all make them; whether for an anticipated journey or vacation; of a future date far in advance or nearby in time; or merely for an afternoon get-together with an associate, coworker, friend or family member — plans are essential to the coherence of a person’s daily life.

We have “planners” that we carry with us everywhere, and “planned vacations”, “planned playtime” for our kids; a “planned evening out” and meals planned well in advance even before our appetitive natures begin to rumble with echoes of hunger and delight.  There are “coordinated planned attacks” by terrorists, and “exit plans” before an assault is waged upon the enemy.  Then, there are life coaches who help to plan one’s future decisions, counselors who plan for college entrance exams and therapists who assist in planning this or that major decision.

From the moment we realized that simply reacting to the world around us was no longer an efficient methodology in maneuvering through a complex world, where the prey had become suspicious and did not stick around to remain as out next dinner course and predators began planning for counterstrategies to man’s wily peculiarities, we began to plan for the future.

However, the one thing that we have no plan for is the unexpected jolts of life’s servings that come upon one without warning or predictability, such as a deteriorating health condition that was never planned for.  Dreams that spawn plans are easily destroyed by life’s tumults that come in waves of unpredictable surges, just when we think that our “plans” are being realized.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition impacts and prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may become necessary to alter one’s long-term plan and goal towards retiring upon reaching the “regular retirement age and time-in-service”, and instead to file for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Medical conditions are often the one set of goal-stopping issues that skewer one’s plans; it is normally unplanned for, and is a plan-modifier that requires not only a change of plans, but a new set of plans that should include a plan to prepare, formulate and file an effective Federal Disability Retirement application, to be planned for submission to OPM, and should also include a plan to seek to counsel and advice of an attorney who specializes in such planning.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Of fortunes unattained

Here, of the story untold:

“He woke up and went into the bathroom, and there found an old man staring at him.  There was no voice that called; no utterance of a salutation so early in the morning.  The corrugated skin of this stranger was pulled back, revealing deep cuts in the rivulets of age where time had taken its toll.  His hair was unkempt; thinning and grey, with speckles of white reaching deep within the roots of timeless agony.

Where had time robbed this pathetic creature, where a lifetime was given as a gift in order to make his fortune, to find his love and to gather his friendships?

It seemed only yesterday that the toddler reached for his parents’ loving arms, and they who looked upon him with kindly affection and whispering, ‘There, there, you have a whole life ahead of you to dream your dreams and reach your goals’, and then the fading summers where life seemed but a dream where oceans divided and manhood arose from the depths of a sea that swallowed me whole.  And when the stranger in the bathroom finally spoke, it had the voice of one who stared back from a mirror that reflected the insanity of myself, old and lost, voicing a soliloquy of loneliness where once my children laughed within a wilderness of a future yet unseen.”

And so it is with many of us; time seems to creep ever so slowly during troubled waters of despair; and then, one morning, we wake up and decades have passed us by.  Did we do all that we wanted to do?  Did we find that love we yearned for?  Did we make that fortune we promised ourselves we would attain, remembering the poverty of our youth and the promises whispered in huddled caves beneath the conscience of our lonely hearts?

Of fortunes unattained, we can always justify by telling another tale: Life is too short to search only for abandoned treasures and, besides, what truly is a ‘fortune’?  Is love of lesser worth than gold in reserve, and does not friendship value greater than a penny saved?  And when compared with one’s health, is fortune amassed of any value if the former is sacrificed for the latter?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, 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 an important step towards reaching those goals yet reconsidered.

Of fortunes unattained — perhaps so; but when one’s health is at stake, all else must become secondary, and for the Federal or Postal worker who can no longer continue in a career which is only exacerbating the deterioration of one’s health, those thoughts of fortunes unattained must by necessity be temporarily set aside and replaced by the wisdom of a more valued existence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Order & Disorder

Isn’t that what most of us are trying to do for a good deal of time spent?  Not to compare it to such a “Biblical” extent — but like the figure in the very first chapter of the very oldest book some hold as “sacred”: out of chaos, order is created.

Throughout one’s day, from the very awakening of those sleep-encrusted eyes, when the dreams dissipate and the nightmares subside, we wake up and try to create order out of the chaos that surrounds us.  The key to sanity is to keep pace with, or try and “get ahead”, if possible, of the impending disorder around us.  Thus can insanity be redefined as: We “lose” it when the disorder around us becomes exponentially quantified beyond one’s capacity to maintain the level of order required.

Think about it: the bombardment of stress that continues to envelope us; of a time not too long ago when “correspondence” was a written letter sent by one individual to another that took 2 – 3 days by first class mail to arrive after the postage stamp was licked and carefully placed, now replaced by a quick email and a button-push with a singular finger, multiplied by hundreds, if not thousands, and in a blink of an eye one’s “Inbox” is filled with requests, tirades, FYIs and spam beyond the measures order needed.

Isn’t that what “bringing up children” is also all about — of creating order out of disorder?  Without discipline, guidance, schooling and a bit of luck, we would all become maladapted individuals running about in diapers devoid of the learned proclivities of polite society, and be left with the allegation that one is “eccentric” or, worse, an “oddball”.

Medical conditions, too, have a way of overwhelming a person with a sense of “disorder”, in that it forces a person to do things outside of the ordinary repetition of an ordered life.  That is why it is so difficult to “deal with” a medical condition, even if it is not your own.  It interrupts one’s goals, plans, and the perspective of order that is so important to one’s sanity.

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, preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often necessary just in order to attain that lost sense of order that has become created by the disorder of one’s medical condition.

Medical conditions make the universe formless and void; and it is the regaining of a sense of stability — of molding some sort of order out of the disorder — by obtaining some semblance of financial security through an OPM Disability Retirement, that the devil of disorder can be overcome with the gods of order in a genesis of new beginnings.

Sincerely,

Robert R. McGill, Esquire