Federal Disability Retirement: Different Approaches

There is a difference between the ‘How’ and ‘Why’ of things — “How something is done” is quite different from “Why something is done.”

One can argue that the ‘Why’ of something should logically precede the ‘How’, for the meaningfulness attached will motivate as to the mechanical doing of it; whereas, others will propose that one should simply follow Nike’s oft-repeated logo — “Just do it” — and in the act of doing it, the meaningfulness of the activity will naturally follow and be discovered.

Ultimately, they represent different approaches, and may even be characterized by different personalities.  The one who simply charges forward without purpose or meaning may be superficially identified as a ‘pragmatist’ of sorts, while the one who first ponders the “Why” of everything may require a ‘spiritual’ source in everything before proceeding.

In the end, however, the underlying source of everything returns us to that what Viktor Frankl identified as the central human motivational force — the paradoxical search for a life’s meaning.  The importance of the ‘Why’ cannot be ignored; and as science can only point to the ‘How’ of anything, the emptiness of an unanswered ‘Why’ will often paralyze us.

Life is difficult as it is, with calamities and unexpected twists and turns along the way, and the fragile state of our health can be devastating without having an answer as to the ‘Why’ of everything.

For FERS Federal employees and U.S. Postal Service workers who suffer from an chronic injury or other condition and are forced to make a major decision moving forward, preparing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management may be one of the biggest fights of your life, and while a FERS medical attorney may not be able to answer the more important question as to the ‘Why’ of what has occurred, it is the more pragmatic ‘How’ which may be needed, for the time being.

Sometimes, the different approaches require a priority of answers in a sequence less than optimally answered, and in the case of filing for Federal Disability Retirement benefits under the FERS system with OPM, it is the question of ‘How’ which must take precedence.

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 Law: The Skewed Perspective

Watching a television series — say, a crime story set in a certain town or suburban enclave — can bring about a myopic viewpoint about a county, a city, a state — even a country.

From watching such a series, one might conclude a number of things, including: A. Most people in that part of the country are bad people, B. That part of the country represents much of what it is like in the rest of the country, and C. The country as a whole is like that; therefore, I am moving to another country.

Now, one should be cautioned as to taking such drastic steps as stated in C above; and even A and B may be a perspective which fails to reflect reality.  First, murder-mysteries must normally involve — by necessity — a bunch of bad characters, and thus represent an extreme microcosm of moral failures within a narrow, compacted group of characters.  Second, stories told on television — whether in one episode or via multiple seasons — are based upon abbreviated biographies of individuals, and rarely represent a true picture of the greater community surrounding the murder-mystery.

Most of the people in the community likely live boring, uninteresting lives, and thus would not be brought into the storytelling within the context of the television show.  Thus, just as when you are telling a story at the dinner table to your friends and family about some interesting thing that happened to you, you will likely leave out the detail about how many times you went to the bathroom during the incident related; so, in parallel fashion, a television series will leave out many details which are monotonous and unrelated to the main plot.

It is the consequences of having a skewed perspective that is most troubling, of course — of “C” above, where you make a drastic decision based upon an untrue belief based upon a fictional depiction of an event.

Not filing for Federal Disability Retirement benefits under FERS is somewhat like that.  You might have the wrong — skewed — idea about the process — that “no one ever gets approved” or that your specific medical condition somehow “doesn’t qualify”, and so therefore you don’t even try, and instead continue to devastate your health because of wrong assumptions.

On top of it all, the medical condition itself often contributes to the skewed perspective.

Contact a Federal Disability Lawyer who specializes in Federal Disability Retirement Law, and don’t let a skewed perspective undermine the reality of a life which is actually available to live.

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: Preparing a Seamless Application

Is it possible?  When two fabrics are sewn together, it is almost always the case that a seam will appear; but it is the expert seamstress who has the knowledge of the proper stitch, the “tricks of the trade” and the technical knowledge in order to make it appear as if the boundary doesn’t exist, so that the two foreign bodies mesh and meld into one.  There may be multiple seams in creating a piece of clothing; where the sleeves meet; the attachment of the pockets; or, for style’s sake, sometimes the seams are meant to show.

This is true of almost any process which involves the combining of materials, people, organizations and differing entities — the “seams” must be sewn in order to become a combined but single body; the question is whether there will remain a weakness in the seam, to what extent the seam will show, and how strong the seam will be.

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 position, the key to preparing a seamless application will depend upon the proper analysis, evaluation and coordination of the various elements involved in the process itself.  The medical evidence to gather; the relevant information to include; the legal arguments to be made; the nexus between the medical condition and the essential elements of the position — these all must be brought together by the expert hands of the “tailor” who knows the “stitches” to apply.

Consult with an Attorney who specializes in Federal Disability Retirement Law in preparing as seamless an application as possible.  For, it is the expert tailor who has the knowledge and expertise to make both the process and the substance as a seamless entity, and that is the key to a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Deus ex Machina

It is a contrivance which finds its origins in Greek plays of a civilization now gone; of the recognition of unsolvable problems created by human hubris; and when all seems lost, the “machina” (machine) which lowers the god (the “deus”) onto the stage then resolves everything by supernatural means.

The contrivance itself would probably not be acceptable in this era of modernity, where the cynicism of “reality” would not allow for a supernatural force to intervene and solve the problems of mankind (although, it might be acceptable if an extraterrestrial were to appear from outer space and solve such problems with a taser gun — which tells us a lot about our culture where we disbelieve in gods but lend credibility to aliens where there is scant evidence of such existing beings).

Yet, in everyday life, we believe and daydream of a deus ex machina: Of fairytales and knights in shining armor; of winning the lottery despite the billion-to-one odds against; or of simple acts, like thinking that one’s Federal Agency or the Postal Service will be “nice”, “kind” or “understanding”.

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, hoping for a deus ex machina to provide a solution is to engage in mere fantasy-daydreams.  The fact is that the problems that are created by a medical condition can be resolved through the reality of the law — by preparing and filing an effective Federal Disability Retirement application through OPM.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law — for, while such a lawyer may not be a modern-day Deus ex machina, the successful result of obtaining a Federal Disability Retirement annuity may prove to be better than a Greek tragedy ending with an improbable outcome.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The respite

It is a time away; perhaps, a momentary lapse; that fifteen minutes of drinking one’s coffee while daydreaming, or lost in the saucer of one’s teacup in a vintage reflection where the slight crack in the china allows for memories to reclusively drift into never-ending smiles of forlorn embraces.

The respite is that time of getting away, of a break from this maddening world; of forgetting troubles for a moment; of not considering the financial and economic turmoils both of a personal nature and of a macro-sensibility that tends to haunt; and of a period of peace when we can just forget.  Maybe it is the 3-day weekend; or, perhaps just a memory of that time years ago, before screaming kids came upon us, prior to responsibilities and obligations squeezing the air out of pleasure and peace; or even a distance of yesterday or the day before.

Then, there are those who never have a respite; medical conditions tend to do that to us all.  They remind us of our mortality, our frailty, our inability to cope with the reality of a harshness when an isolated island echoes from dark caverns within.  Reality is a cruel thing; it quashes all dreams and hopes, and leaves one with a pit that is bottomless and without a sense of a future.

For Federal employees and U.S. Postal workers who are unable to find that moment of respite because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is time to consult with an attorney who specializes in Federal Disability Retirement Law, to begin the process of formulating and preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S.Office of Personnel Management.

Time is of the essence; time is precious; a time of respite is deserved by us all, and the turmoil of remaining at a job where the Federal or Postal employee can no longer perform is often the obstacle to the needed respite, and that is why filing for Federal Disability Retirement is so important.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Confused confusion

Why confuse the confused?  Why confuse further the confusion that already confused even the least of the confused?  Why add to the confusion when the confused are confused enough as it is, and when confusion should be relieved by less confusion instead of confusing everyone further by adding to the confusion?

Life is confusing enough, and it is amidst the confusion of life’s state of perennial confusion that we seek relief from the confusing state of affairs, but which often leads to further confusion because we ourselves are confused.

It all began in childhood when first we entered the ice cream shop and had to choose between vanilla, chocolate and strawberry flavors — and we turned to our parents wanting all three, or one of them, or perhaps two out of three, and we admitted mournfully, “Mom, I’m confused.”  Then, the next summer, we stepped in line and looked up at the offerings, and there were 3 more flavors added — of caramel-something-or-another, chocolate mint and peach; and from thence forward, choices for unlimited quantities of alternatives offered bombarded our sensibilities and overloaded the limited circuitry of life’s options.

Then, of course, there was the “fax machine” that began it all — not having to have to wait for the snail mail to carry back and forth the correspondence that was being typed first on a manual typewriter, then an electric one, then a “word processor”, then a tabletop computer, then a laptop, and then the smartphone and beyond — where every written piece of memorialization could be instantly received, to be further replaced by emails, attachments to emails, shared documents and instantaneous transmissions through the netherworld of constant connectivity; and we wonder, are we any clearer within our lives than before the confused confusion we experience today?

For Federal employees and U.S. Postal workers who believe that the Federal Disability Retirement process is a rather confusing administrative morass, such a belief would not be unfounded.

The complexity of the process — of what meets and constitutes the “preponderance of the evidence” test; of the multiple and various case-law precedents that determine and define the eligibility criteria for a successful Federal Disability Retirement application; to the confusing language contained in SF 3112C that will supposedly “guide” the treating doctors into providing the necessary medical information in order to successfully meet the eligibility criteria — all of it is inherently and purposefully complex and confusing.  How does one cut through the thickets of confusion?

To begin with, confusion is sometimes confused with complexity; and though they share some characteristics, the difference between the two is that while one possesses inherent elements which may lead to confusion, the other (confusion) is not necessarily defined by them.

Federal Disability Retirement is a complex administrative process, and the confusing elements within the process can lead to later complications unless clarified at the early stages.  To do so — i.e., to clarify the confusions and simplify the complexities — the Federal or Postal employee may want to consult with an experienced attorney who specializes in that complex and confusing area of law identified as “Federal Disability Retirement Law”.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The Cynic’s Corner

The Cynic’s Corner is that part of the mindset that has encountered the worst of human behavior; where sunshine is merely a prelude to a dark cloud; when brightness is predicted to last for only a short while; and where — when a declaration is made with a joyful sound of delightful exclamations like, “It’s the weekend!” — is immediately followed by the undermining postscript, “Yes, and then Monday follows.”

The view that life’s brutish perspective can be seen in stark contrast with the idealist’s naïveté that everything has a bright side to it, that human depravity always wins out by love, and sunshine always follows a cloud burst or a week of rainy Sundays.  Is moderation always the answer to the charge that truth never fits upon the spectrum of excessiveness, and it is the extremes of perspectives that defy the logic of truth?

The Cynic’s Corner is attained and reserved by and for the aged; for it is only by experience of life’s encounters with daily human depravity that one can come to the conclusion that the Cynic’s Corner has reached.  The fresh smile of youth’s hope; the innocent eyes for the swan in flight or the fawn in the hunter’s headlights; these will dissipate like time, wrinkle-less laughter and the fresh bones of a healthy body; and then the cynic whispers, “But in the end, we all wither and die.”

Perhaps.  Or, more to the point, Yes, there is certainly an end to everything, but isn’t the point not of how it ends, but of the manner it is lived?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition itself has reached a critical point of “no return”, it is important to prepare an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset, and submit it in a timely manner with the U.S. Office of Personnel Management.

If you are already a member of the Cynic’s Corner, then you will have already concluded that everything that could go wrong in the preparation, formulation and submission of the Federal Disability Retirement application, can and often does go wrong, and that is why consulting with a FERS Disability Attorney who specializes in Federal Disability Retirement law is an essential feature and component of the entire administrative process, lest you have renounced your seat at the Cynic’s Corner and have instead joined that “other” club — the Knights of Naïveté.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Information: The pleasure robbery

There are “highway robberies”, “train robberies” (distinguishable from THE great train robbery, which has become a historical feature of mythical proportions) and “bank robberies” (is there a single one that overshadows all others, or are they better identified by the characters who perpetrated them, like “Bonnie and Clyde”, Ma Barker, John Dillinger or Butch Cassidy and the Sundance Kid, etc.?); there is the “car jacking” which is nothing more complicated than the robbery of a vehicle, except perhaps by violent means and confrontation with the driver and/or owner; Skyjacking or Hijacking; and then there are “grand” or “petty” larcenies, depending upon the amount stolen, as well as special formulations with particularly distinctive and distinguishing details, like “embezzlement” (which often must possess an employer-employee relationship) or exerting “undue influence” in the act of stealing (as in cases of elder-abuse where a child or relative begins to siphon off wealth from one’s own family member); and many other types of simple criminal acts of absconding with that which is not one’s own to possess.

But what about the daily occurrences of the most prevalent incidents — that of the pleasure robbery? You know — those simple acts of mental anguish, where worry steals and robs from the pleasure of the moment; where an anticipated future event not yet having come to fruition constantly overwhelms where one is obsessed with the expectation of disaster, and thus robs the person of any pleasures taken for the moment?  This often happens on the weekend, doesn’t it?  From late Friday until Monday morning, the worry and anxiety sets in, robbing from the reserve that the weekend itself was meant to preserve and restore; and it is the pleasure robbery that leaves one with the greatest of devastating effects: profound and unrelenting fatigue, and not just from the imagined catastrophe that has not yet occurred, but moreover, from the anxiety and worry itself.

For the Federal employee and U.S. Postal worker who must contend with a medical condition, where the medical condition is impacting and preventing the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, the concept of the pleasure robbery is a familiar one: for, one’s future, one’s career, and one’s livelihood are often at stake.

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, may not be the “total solution” for the anxiety that it may cause — whether because of the knowledge of a reduced income or the admission that the Federal or Postal employee must face the reality of one’s medical condition. However — despite being a complex administrative process, it is nevertheless a benefit that may resolve some of the perplexing questions that often accompany a medical condition, and set one onto a path of future hope and greater certainty in order to stabilize a world of unfathomable uncertainties, and at the very least, to stop the pleasure robbery from any further stealing away the needed rest and peace that weekends, vacations and a good night’s sleep are meant to provide.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The attic where useless things are kept

As a metaphor, it refers to the mind, whether because of similar spatial location or by analogy of clutter and vacuity (concepts which are not mutually exclusive, for the former does not imply knowledge, whereas the latter is a negation of it).  The common adage, “Out of sight, out of mind”, applies aptly, as it is the last refuge before it becomes refuse, but somehow is kept because a pause, an indentation, a comma extended the effort of a terminal decision.

Perhaps sentimentality pulled the strings of childhood memories, where the deep recesses of warmth and traipsing through cold streams on summer days and laughter in rolling through careless days of yore attached itself to an item too old to value but not useless enough to discard.

Memories have value, too, you know; they just don’t trumpet the monetary gains in a world devoid of feelings beyond the pocketbook.  The childhood delight of walking up into granddad’s attic, where treasures untold would unfold to the limitless imaginations of a time when entertainment knew not the computer screen nor the smartphone, but carved simplicity of flutes, toy soldiers and great battles where valor and victory filled the silent air.

Houses no longer have stairs to reach the heights of that place of refuge, where sadness would find solace in the quietude amongst dusty suitcases and wedding dresses out-of-fashion but for the beaming bride in photographs fading in crinkled corners of brown discoloration.  Now, we merely have a square entrance cut into the ceiling of the top floor.

Somehow, when stairways were erased from the architect’s mind, the disappearance of the physical means to reach that remaining refuge where loneliness entered and the quiet pitter-patter of mice and old men wandered, the timeless period of pause, peace and calm of perpetuity ceased to exist.  The pencil which erases is more than a negation of thought; it is the end of an era which valued time, relationships and the conversation muted beyond the crackling of a winter’s fire.  The attic where useless things are kept; is that why we treat each other so abominably?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition no longer allows for the great extent of productivity previously enjoyed — suddenly, the Federal agency and the Postal Service treats you like the refuse thrown into the attic, but with no stairway to come back down.  No accommodations are found; you are treated like the pause before the trash bin and the comma before the flush of the toilet.

That is why the option exists for the Federal or U.S. Postal employee to prepare, formulate and file for 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.

For, in the end, while the attic is indeed the place where useless things are often kept, it is up to the Federal or Postal employee to begin constructing the staircase which was erased by the thoughtless architect who knew not the future plans for a greater tomorrow; and that is precisely why, for all of those bygone years, you kept that old wooden toboggan — to slide down that next hill where childhood memories still enliven.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The measure of sincerity

How do you measure a concept?  By application of, or comparison with, another?  Or, does it require a meta-application — an algorithm from a different dimension?  We measure linear horizontal distances by coordinated precision of segmentation, and vertical sedimentary deposits by arc designs manifested and revealed in nature; so, what of conceptual distances and chasms of thoughts?

Can more words validate the sincerity of previously spoken words merely uttered in an informal setting of pleasantry and conversational discourse?  Does a track record of broken promises undermine the sincerity of future intentions conveyed by more words?  Does volume, either in the form of numerical countenance or in terms of decibels emitted, change the validity, tone or tonal significance of a person’s overt meaning?  Can a person state one belief at one moment, in a slice of time of historical irrelevance, where only private ears can confirm the spoken words; then, in the very next instance, make a public declaration affirming the very opposite of what was previously made known to a microcosm of friends and associates, and still cling to a claim of consistency, logical and rational thought processing, ignorance of any hypocritical intent, and sincerity as well?  How many chances does a person have, before words become meaningless by means of consistent refutation and reversal of one’s stated intent overturned by further disputation?

In the world of practical living, of course, each individual applies a threshold of judgment and determination.  The test and measure of sincerity is not to merely pile on more words upon previously-uttered communication; rather, it is actions which follow upon declared intent which confirms the validity of a meaningful statement.

For Federal employees and U.S. Postal workers who state that he or she is no longer able to perform one or more of the essential elements of one’s Federal or Postal positional duties, action must follow upon words of medical significance.  If a medical provider advises that continuation in a certain profession or duties required by a position in the Federal sector or the U.S. Postal Service is prevented because of a medical condition, then thoughts, words, conceptual daydreaming and wishful thinking are no longer enough.

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, is the next logical step subsequent to, and in post-sequence, following upon words which have significance and import.  Ignoring words is one thing; denying truth is quite another.  For, in the end, how we measure sincerity is quite easy; we take the sum of the words spoken, divide it by the number of actions taken, and multiply that by the dividends previously accounted for in prior instances of similar motives stated.

Sincerely,

Robert R. McGill, Esquire