Tag Archives: opm legal assistance and medical preparation forms disability retirement

FERS Disability Retirement for Civilian Federal Employees: Articulation

How does one convey with distinctiveness  and clarity, with impactful word-pictures, of a private experience to a person who has never endured such existential stimuli?

Pain; depression; panic attacks; anxiety of a heightened level so severe that it impacts one’s judgment, cognitive processes and mental acuity — how can they be articulated in a manner comprehensible, and with clarity and rendition of relatedness?

The realm of medical conditions is often conceptually divided between subjective/objective issues — of that which can be established by diagnostic testing, physical manifestations (e.g., spasms, bleeding, images of white matter, lesions, etc.), and those issues which are merely verbalized but cannot be ascertained in any other ways than by the articulation of the patient — “feelings”; of pain; of vertigo; of nausea, etc.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management, the issue of articulation — effective articulation — of one’s medical condition, is a separate matter from the medical condition itself.  Remember: an OPM Federal Disability Retirement application is a “paper presentation” — an articulation — of one’s case.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and make sure that the bridge between “having” a medical condition, and articulating that medical condition, is effectively crossed.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Vanishing Point

It was a 1971 movie that had a cult following, about a drug-addicted war hero wagered to transport a high-powered vehicle within a specified period of time from point A to point B.  Whether the story had a discernibly rational plot or not was beside the point; the story entertained, and we gleaned from it whatever points we read into it.

That is probably one of the primary reasons why the movie gained in such popularity: people argued as to the “meaning” of the move and its ending, all the while never realizing that there was never a single answer.

Life is often like that, and perhaps that is why the movie itself gained so much attention.  The meaning we demand from our own lives is often a matter of our own lack of imagination; we ask too much of concepts which have too little to give.  As one of the character’s father stated in a Woody Allen movie, How can one know about the greater questions of the universe when “I can’t even get the can opener to work”?

For Federal and Postal employees who need to file for Federal Disability Retirement benefits, the “vanishing point” may differ from person to person.  What you do not want to do, however, is to let the Agency or the Postal Service to determine the timing, nature, place and context of the “vanishing point” of your career.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and take control of your own “vanishing point” before a cult following you don’t even know about, develops behind your back.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Divide and Conquer

According to Wikipedia, “divide-and-conquer”, in computer science, is an algorithm “design paradigm” which recursively breaks down a problem into multiple “sub-problems” in order to solve each problem separately, by dividing them into manageable sub-sets.  It is the same approach that has been used since Julius Caesar’s time — in war, of first separating large armies into smaller units, then attacking them in coordinated fashion; or in politics, of finding ways where division can be fomented within the ranks of the opposing party or candidate, then defeating them by taking advantage of the internal divisions.

OPM applies the same tactic in denying a Federal or Postal employee’s Federal Disability Retirement application — first by separating each medical condition from the aggregate of the medical conditions, then minimizing the impact of each without regard to the impact resulting from the aggregation and combined symptoms.  Thus, X apart from Y is not as bad as X and Y together, and so if X can be minimized and Y can be marginalized, then each separately may appear to be somewhat insignificant.

Consult with an OPM Disability Retirement Attorney to discuss how to counter OPM’s “divide-and-conquer” approach before the Roman Centurions attack from that rear flank which remains vulnerable because of the divided unit you lead.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Universal Specialization

The world didn’t just become bifurcated over-night; it then shattered into a thousand universal parts, and each required a specialization where subsections of the primary subject became sliced into lesser wholes, the parts of smaller parts, until no one now knows how to do anything without the specialized aid of the specialist in the department of specialization.

The fractured world has become one of micro-competence, where once the jack-of-all-trades individual was needed in order to run a farm, feed a family, be a doctor to the animals, as well as work as a carpenter, plumber (oh, we forgot — outhouses were used back then, with nary a trace of indoor plumbing, so strike that), and the all-around “MacGyver” guy from the 1980s series where ordinary items were easily transformed into extraordinary problem-solving implements.

Overspecialization of a society leads to alienation; taken to the extreme, it makes into each of us incompetents to even turn on the faucet.  Marx would have been aghast — for, no longer is the assembly-line factory worker alienated from the work he or she works upon by not feeling the accomplishment of the “finished” product, but moreover, doesn’t even know the purpose beyond the 4 screws that are drilled into the monstrosity because of overspecialization.

Is the world a better place because we comprehend less of the pie that constitutes the whole, and is our knowledge of it any greater merely because dissemination of information is available via the Internet?  The two are somehow connected, are they not?

Somehow, there must be some mathematical formula involved, something akin to: The Greater the X, the Lesser the Y, when factors 1, 2 & 3 interface with exponential diminution of T minus Z. Complexity, in the end, often induces greater specialization, and unfortunately that is true in the field of Federal Disability Retirement Law.  “Local Lawyers” are rarely knowledgeable enough to represent Federal or Postal employees in an OPM Disability Retirement application.

The various Stages in the process of Federal Disability Retirement Law require precise and targeted responses; and for the Federal or Postal employee preparing to “put together” a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management under FERS, it is not the right time to be the “MacGyver” type of guy; it is best to consult with a Specialist in Federal Medical Retirement Law, and prepare well for the fractured road ahead where universal specialization is a necessity in a world where horse and buggy are no longer existent except on faraway farms in Pennsylvania or other scattered places where the Amish retain the “old ways”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The elixir of life

Is the substance we expunge necessarily the opposite of the positive?  Does the mere fact of expiation denote that which is unwanted, or merely no longer of utility?

In ancient times, an elixir was considered to be a substance of great desirability; it possessed multiple meanings, including a reference to that substance which was used in alchemy to alter base-metals into the gleaming riches of the natural order found deep beneath the chasms of the earth – gold.  Or, alternatively, it meant the potion or mysterious concoction that prolonged and extended life into an eternity of ecstasy; and in other definitions, a curative medicine that attended to all diseases, corrected every malady felt and balanced the unbalanced humors within the human body.

A further meaning has encompassed the concept of an essential principle – that core of something that provides an Aristotelian connection of all first causes such that when one discovers and comprehends the elixir of life, one has attained a pinnacle of wisdom next to the gods who otherwise mock the foolishness of human suffering and striving.  But back to the original query: What about the waste that is squeezed from the substance we desire – of human detritus, urine, scatological excretions and the leftovers of those thought to be unproductive; are they not necessary in that, without the capacity to expiate, it would rot within the cavities of the human tissue and destroy the very fabric that retains them?

We often fail, at the expense and detriment of our own thoughtlessness, to consider an inversion category of the original posit; we accept, at face value, that human functions of expiation and riddance constitutes just that – of throwing away, expunging, extricating and discarding – as a categorization we simplify into elementary concepts: what we consume and embrace is “good”, and that which we expiate is “bad”.

Thus do we build toilets in unassuming locations within a residence; outhouses are just that – some dilapidated structure constructed away from the home, and somewhat upwind from the wind currents that carry the daily odors of life’s contrariness.  But is that the proper way to view things?  Should we not, instead, liken our activities to that which a messianic proverb once elicited: How we treat the least among us reflects the true character of our inner nature?

Inversion thinking is a process that is too often overlooked, and because of this, we often walk through life passing by opportunities and gifts otherwise there to be accepted.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition no longer allows for one to continue with the present course of a Federal or Postal career, it was once believed that the elixir of life was intricately wrapped up in continuing the Federal or Postal job because it allowed for a certain career, standard of living and measure of self-worth.

This is where inversion thinking needs to be considered.  For, at what cost, and what price to be paid?

Preparing 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 often a necessary step in order to attain a level of continence such that the proper balance and focus can be reached – of one’s health, as opposed to continuing in a job that has become harmful; of separating from Federal Service or the Postal facility in order to escape from the daily harassment of somehow being “lesser” because of one’s medical condition; and all of the other garbage that is thrown at the Federal or Postal employee who suffers from a medical condition.

For, the elixir of life is not always that substance we thought was the pathway to a mythological fountain of youth, but an inversion of that thought – of removing, as opposed to taking more on; of separating, in contradistinction to enduring the pain; and of expiating, in contrast to accepting.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The intransigent excuse

Much of life is spent in retrospectively justifying actions; the remainder of the time, of making excuses where we can, and when we need to (which is often).  The great thing about excuses is that the reserve of them can never be depleted; like the never-exhaustive stars in the universe, we can always discover, make up, or otherwise concoct another.  Thus, to counter that a person has “run out of excuses” is to defy reality; we can always, if the need requires, go back to one that we long ago abandoned, and stick to it.

It is that intransigent excuse that tends to defy – the one that, though unreasonable by most accounts, nevertheless provides a shield of protection for the one who clings to it.  For, the one who tightly embraces an intransigent excuse never, of course, considers it as such; it is, instead, the fault that rests upon the rest of the world in a conspiracy of illogical motives that attempts to change course and offer alternatives as to facts, opinions or best avenues for future courses of action.

As to the one clinging to such excuses, it is never characterized as such.  No, instead it is an explanation in light of reasonable circumstances; a logical conclusion based upon facts as interpreted; and, even if the rest of the universe fails to comprehend the logic of the stated foundation, the intransigent excuse is the last bastion of the proverbial wall that may force us to do, acknowledge and admit to that which we vehemently resist.

For Federal employees and U.S. Postal workers who are in need of filing for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the primary concern is to get beyond an intransigent excuse.  While there are very few circumstances in which filing for Federal Disability Retirement is “too late” (other than the obvious one, of course, of complying with the Statue of Limitations of filing within 1 year of being separated from Federal Service), the key is to file before it becomes an emergency.

As OPM has a large backlog of cases and they are taking longer and longer to review, evaluate and make decisions on a case – leaving aside the problem of even first having them to assign a case to a reviewer/ administrative specialist – there must needs be some forward planning and foresight of future-oriented perspectives, and it is often the intransigent excuse which defies, builds a wall against, and creates seemingly insurmountable obstacles in moving forward.

Life is full of obstacles, and the ones we build ourselves are often the most difficult to overcome.  Filing for Federal Disability Retirement benefits is a big decision to make; thought, preparation and formulation of a plan is often necessary.  Just do not allow for the intransigent excuse to be the wall that prevents the reasonable approach to prevail.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: What to do

Does anyone really know what to do?  From the very beginning, we are brought into this world without having been asked, and never with any instructions entitled, “Life instructions in ‘how to’”.  Instead, we are thrown into the ravages of this impervious universe.  We are lucky if we have some kind parents; otherwise, as with most of us, they are as clueless as we are, and sometimes even more so.

What do we do with the rest of our lives?  How do we determine if the course we have chosen is worthwhile?  When do we determine if the choices presented are the ones that will forever be offered, or will others come along after we have long committed to the limited ones we face?  Who tells us if what we are doing is “right”, and does the concept of “right” or “wrong” even matter, anymore”?

When problems arise, who do we turn to?  Do we turn to the priesthood that has been forever discredited, to the shamans who drive in expensive cars, or the Wall Street wolves who live in mansions afforded upon the backs of ordinary people?  And since parents are now told that honesty about their own lives are important in feeding the ingredients of success for their children, do we count on them to give us the same clueless directions that we can expect of ourselves?

Who knows anything, anymore, in any expectantly significant or relevant way, other than the puffery we encounter in our daily lives?  And when medical conditions interrupt and intervene – who tells us what path to take; where we go with the career choices given; and what about the legal issues that arise when it concerns a Federal or Postal worker under FERS, CSRS or CSRS Offset?  What to do – isn’t that the question we always have to ask ourselves?  And how do we know if the choices we make are the right ones, the wrong ones, or perhaps just “the best under the given circumstances”?

It is important to know; relevant to apply the correct criteria; significant for understanding the issues that need resolution; knowing what to do, how to do it and when to begin.  Medical issues that arise make for hard questions that need relevant answers.  And when the medical issues themselves impede, interrupt and intervene in negatively impactful ways, they exacerbate the capacity and ability to arrive at the proper judgments, and make it that much harder to decide.

Maybe there is no “right” answer, but only some minimal instructions and restrictive directions.  Whatever the case may be, in preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, it is important to gain some initial insight and directions on what to do, and that may require seeking a lawyer who specializes in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

U.S. Government Employees Disability Retirement: Failing to meet those goals

Goals define an aspect of humanity that differentiates from the beast; just look at nature and the existential encounter with the “now” at all times.  Animals besides Man look at the world around and respond appropriately and accordingly.  For them, the future is the now; the past is merely a basis upon which to react in this moment of time; and what the appetitive parts of the soul require, the predator attempts to satisfy.

Goals, on the other hand, project into the future.  They require plans, painted by hopes and dreams, and follow upon the trail of golden dust left in residue by the wings of flying angels fluttering by to whisper thoughts of tomorrow and beyond the mortal constructs of our everyday lives.  Reality, of course, dashes those very hopes and dreams, and places obstructions to prevent the accomplishments of those very goals we set.

Humans love projects – whether because of Heidegger’s cynical view that we engage in them merely to avoid thinking about our own destiny to nothingness and annihilation, or merely because that is who we are:  sentient beings who can only be content by projecting into futures yet unrealized, such that our potentiality is always in the molding and making each moment of our lives.

What makes us tick?  Who are we?  What imprint do we want to leave to better the world before we depart?  What can we do to make the old lady across the way find a moment of happiness, disrupted because of tragedies felt and experienced in private lives of living hell?  What inventions, refinements and accomplishments may we reach before we depart this earth?  What is our 5, 10, 20 year plan – sort of like those old Russian declaratives in meeting thresholds of farm output in a communal setting of common goals defined?

We may scoff at them, but we all engage it:  Goals in our personal lives, and endured throughout our professional capacity.  The corollary, of course, is that those who set goals also experience the failure of having not met them.  That is the Yin Yang principle of life.  Being and Nothingness; Life and Death; Happiness and Misery; Goals and Failures.

For Federal employees and U.S. Postal workers who need to file a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the bitter taste of failing to meet professional goals is bundled up with complexity of emotional turmoil when a medical condition cuts short the career goals of the Federal or Postal employee.

Accepting the shortness of meeting those goals often extends, unwisely, the point at which the Federal or Postal employee should be filing a Federal Disability Retirement application.  Yet, that is simply part of being “human” – of exerting self-will beyond what is good for one’s self; of ignoring pain and anguish and just continuing to engage despite self-harm; and always attempting to “meet those goals” despite all cautionary indicators telling one otherwise.  But health is what should be the goal, now, and not the completion of those projects that we believe only we can accomplish.

Life will go on; and failing to meet those goals should never be the final impediment to the ultimate goal one should prioritize:  Of health, life, happiness and family, somewhat in the order stated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Employees: Character

If a person points to another and states, “He is really a character”, is it different from positing:  “He really has character”?  Can both statements mean the same, or is the subtle difference there to denote?  The former is customarily stated in defining a person as somewhat of an oddball, or perhaps eccentric to a degree that places him outside of the conventional norms of acceptable conduct.  The latter, on the other hand, could also mean that – the possession of it modified by the adverb describes one with a plenitude of extraordinary traits.  Or, it could connote the more classical meaning:  A worthy person of honor, dignity, courage, moral foundation, etc.

That is, in the end, what most of us consider to be the pinnacle and apex of that very noun, isn’t it?  Possessing it is that which makes of us; displaying it, what demands respect and attention; and abiding in it despite trials that test to compromise, what we hope and expect of ourselves.  Indeed, character is both tested and surfaces especially in those times of tumult and tribulation; it is the mettle challenged at the depth of the soul of being.  Yet, in this age of modernity where materialism prevails, power seems to overarch all else, and the traditional reference to one’s “character” no longer means much more than a rumble in one’s stomach as evidence of hunger or impoverishment, it is clear that neither form of the meaning evinces much curiosity.

Materialism is dominant; those in power dominate; and the once-vaunted “indomitable spirit” carried forth as a burden of possessing character no longer has much substantive weight.  Where it does reveal and manifest itself, however, is in the very lack thereof.  So long as things are going relatively smoothly; while the good fortune lasts; or, perhaps during those times when monotony merely puts one into a slumber of sorts, and actions and deliberations through life’s daily routine are placed on an unthinking mode of automatic pilot, the revelation or concealment of character matters not.

But take that onerous instance – as, when a medical condition begins to impact one’s life, and for Federal and Postal employees, compels one to 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; does character count?  One’s own and reliance upon another’s; both come to the fore and require an evaluation that will test the mettle of the substantive foundation.

For the Federal or Postal employee who begins to prepare an effective Federal Disability Retirement application – tested to endure the administrative process and the onerous test of the entire bureaucratic procedure.  For those coworkers, family members and other encountering Federal or Postal employees, including Supervisors, Managers and Human Resource Personnel – of how they respond and what they do to make the process smooth and seamless.  In the end, character comes to the fore, and reveals the content of who we truly are.

Sincerely,

Robert R. McGill, Esquire