Federal Disability Retirement under FERS: First Steps

Why are first steps so significant?

When a toddler takes his or her first steps, we applaud, celebrate with loud amusement and put forth encouragement and “positive feedback” to the momentous episode which, days later, weeks hence and years post, we don’t even consider it to be of significance and yawn with boredom at something which previously had been touted as relevant.

First steps — what is the relevance?  Is it because, upon those initial and tentative ambulatory movements is set the foundation for future success?  For, if confidence begins with the initial and tentative first steps, is it any wonder that once the foundation is set with concretized stability, the remainder becomes a monotony of repetitious boredom?

First steps are always important in order to create the firm foundation for future and further steps, and that is why 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, it is important to consult with an attorney who specializes in Federal Disability Retirement Law.

First steps in preparing, formulating and filing an effective FERS Disability Retirement application is important in putting together a “whole package” that includes medical evidence, legal arguments that are pertinent and relevant, and a persuasive presentation to the U.S. Office of Personnel Management in order to enhance the chances of an approval at the First Stage of the complex, administrative process.

Sincerely,

Robert R. McGill, Esquire

 

FERS Retirement for Mental or Physical Incapacity: When once…

When once the dream was left unfulfilled, and yet the future appeared so boundless and promising; when once the time spent was so precious as to bring memories and tears of joy for the privilege to live; when once the rains came but not to dampen the sorrows of yesteryear, but to wash away the scars of today’s longing; and when once, there was a time forever bottled so that tomorrow would be remembered as a mere passing thought, and the day after a haven for memories yet to be forgotten.

When, once, we took for granted that which we never think about, reflect upon, and youth’s folly continued for a day and a dawn only to be wistfully forgotten when once the call from Mom’s flustered voice shouted at us to come in for dinner, when the crickets were still singing their mournful melodies in the quiet of evening’s end.

Looking back can hold one back, especially if the remorse of what once was makes you pause in a day when even an hour cannot be spent whittling away the time that cannot be recaptured.  There is time enough for remorse and regret; time yet to remember and recall with nostalgic warmth for days of yore; but as the world turns in the “here” and “now”, the daily grind of duty’s call and obligations which cannot be avoided, must first be attended to.

“When, once…” is to be set aside until the last breath when the drifting dreams of yesteryear’s pausing regret begins to foreshadow today’s memories of a bygone time.

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, time remains of the essence, and while sickness and deteriorating health may freeze one into desiring a time of remembrance back, “when once…” — it is not the right time, yet.

This is still the time to fight on; it is the moment to preserve and protect; and while a Federal Agency or a Postal Facility may have dampened your spirits or attempted to make you into a downtrodden employee whose best years are behind you; nevertheless, it is time to assert your rights and carry on the good fight.  Preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset, is a good part of that fight to preserve and protect your rights.

Why should you fight for them?  Because, when that time comes when you say to friends or family that, “When, once…” — the “filler” should be: “When, once…they tried to deny me, I fought and won.”

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement Legal Representation: Only for a season

Is our existence influenced by the seasons that alter, or are we so alienated from nature’s rhythms that we no longer follow the evolutionary trails that other species obey?

Seasons change for a reason; whether our anthropomorphically-imposed reasons or the dictates that consider the rhythms of a universe in constant flux — whatever the foundational purpose and teleological basis explained, the order of the universe allows for consistency such that life can comfortably thrive.

Some things last only for a season, then wither, die — or seemingly so, as leaves turn crisp with the cold winds of Fall, then drop and twirl with the streams of divine breath to disintegrate into the dust of this earth.  Winter covers the soil beneath in a sleeping slumber of hibernating snores, only to begin to see the first greens of Spring, then of the unrelenting tides of Summer’s haze.  Yes, it is only for a season, and then the changes occur.

We can become lulled into thinking that eternity is the exception for our lives; that the artifice we build, of tall towers and endless miles of concrete roadways reflect the immortality of our own existence, but then the next season comes along, and we are reminded that — no, it is only for a season.  Health is like that as well; and while sickness and medical conditions may last only for a season, there are others that must endure beyond, and beyond that.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition lasts for more than only a season, it may be time to prepare, formulate and file 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.

Nature’s Season determines for us the rhythm of an impervious universe; and while we may believe that a medical condition is only for a season, the Laws of Nature dictate and decide, and it is up to us to take advantage of the time left, if only for a season, and prioritize our lives, and never take for granted the health that we may yet enjoy, if only for a season.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Future uncertainty

It is a peculiarly human endeavor to reflect upon and ruminate; to consider that which has not yet occurred, and to worry about it, turn it over, consider the options, become so ensconced in the details of that which is still yet to become, if at all, and to will anxiousness and even harm one’s health over it.

Does the dog that one has known for many years engage in such conceptual angst, and project one’s self towards a time yet to become?  Well, yes — there can be a similar sense of anticipation; of prefatory behavior in response to an approaching hour.  If, on every Sunday at noon a tremendous noise is heard, dogs and other animals can be ‘trained’ into becoming anxious for several hours before the event, and act accordingly.

Is that merely an inculcated imprint, or is there some lengthy thought process — reflection, rumination or anticipatory consternation — involved in the anxious behavior exhibited?  Is there a distinction to be made in the manner in which human beings behave towards future uncertainty, or is the difference merely one of degrees?  Does our capacity towards an insular universe, self-contained within thoughts and boundless tangential roads that lead to greater depths of despair and self-inflicted despondency differ from the trained responses as exhibited by other species?  Or, is our capacity simply of “more”, and the extent of our means merely one of exponential exhibitionism?

Future uncertainty — what is it?  Is it a learned response or a human peculiarity of untold evolutionary need?  How does one engage in it, and are there better coping mechanisms than others?  Does life’s experiences grant any reprieve, or are we all subjected to its devastating effects?  Do the wealthy experience it in the same manner, or does it merely take an extremely selfish personality — one that cares nothing for others and thus feels no sense of obligation in forestalling any belief in future doom that may befall family members — to avoid the angst of foreboding tides?

For Federal employees and U.S. Postal workers who have that sense of future uncertainty because of a medical condition that has begun to prevent the performance of one or more of the essential elements of one’s job, the obvious antidote to such feelings is to prepare, formulate and file 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.

Yes, the future may appear uncertain at this moment; yes, the sense of not knowing gives a recognition of anxiousness that seems never-ending; and no, filing a Federal Disability Retirement application is not the answer to all problems presented.  However, it is at least a start — to refocusing one’s attention to the priorities of life’s foundational precepts: of health and in securing some semblance of a future yet to be determined, but to be anticipated not with a foreboding sense of gloom, but of a tomorrow that may yet promise a day after.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement from Federal Government Employment: The broken record

Does the metaphor have any meaning for modernity, anymore?  Those discs made of shellac resin or vinyl, pressed into magical ridges where the needle would remain stable but for the warbling of the maze; but somehow that circular maze of ridges would have a scratch, directing the point of the needle to continue back into the previous ridge just traveled, like the lost child who cannot see beyond the walled ivy and keeps running frantically in circles, exhausted by the endless infinity of a pathway unable to be traversed beyond the limitless circularity of a philosopher’s argumentum ad nauseum, where tautology of teleology is likened to the boulder being pushed by Sisyphus.

But what of the individual who has never experienced the encounter with a broken record – neither in real life, nor in watching a movie or other inane television show where the manual labor of carefully lifting the needle by the undercarriage of a forefinger, then placing it gently onto the groove closest to the condemned one, possesses no contextual significance because of a lack of knowledge?

Those who have been dated by “aha” responses to such metaphors, take for granted such commonplace declarations; and when we meet with blank stares and confused eyelids, it dawns on us that there is no replacement for an actual experience of descriptive content.  For, the efficacy of the idiom itself is immediately lost upon an attempt to explain:  “You know, when a record starts to…”

And what of times previous to the introduction of the gramophone (boy, now we really are reaching back into time) – did the men and women from an era now past have such peculiar dialects that described repetitive droning of whining and complaining?  Was it something akin to, “Stop acting like a baying hyena,” where pioneers settled lands still dominating with lurking cries of wildlife and unsettled voices?

And what of foreign lands – countries afar and across the great oceans – did they recognize and identify the relevance of the repetition emitted by the spherical looping back upon a scratched surface, or was it ignored in other dialects as a ho-hum matter not worthy of creating a modern-day idiom to be added to the dictionary of everyday expressions?

The metaphor of the broken record is one whose utility has long passed; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has become a chronic state of inability in performing one or more of the essential elements of one’s Federal or Postal positional duties, the underlying and substantive content of the intersection with one’s career and life, remains relevant.  For, to the Agency, the U.S. Postal Service and the Supervisors, Managers and coworkers with the Federal Agency or the U.S. Postal worker – they view such chronic medical conditions like a “broken record” – of a fellow Federal or Postal worker who cannot “carry his or her” weight, anymore, and begins to treat the “situation” accordingly.

Human empathy lasts barely for a day; pernicious antagonism continues well beyond.  When it becomes clear that the Federal or Postal employee will no longer be able to abide by the conventions of the Federal or Postal rules, and others begin to view the use of Sick Leave, assertion of FMLA and constant need to shift workloads to others as acts to be punitively responded, it is time to consider preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to have that undercarriage lifted and placed gently onto the next ridge of one’s life, in an effort to avoid the metaphor of being a broken record.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Process of Decision-Making

As has been previously stated in repetitive fashion, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is important to understand and acknowledge the duality of the process — for it is a process, as opposed to a singular event, both as an administrative legal issue, as well as for the individual Federal or Postal employee in a personal sense.

To clarify:  As an administrative issue, it is a process which involves multiples stages of argumentation (potentially).  Yes, it would be nice if every case was decided with an approval at the First/Initial Stage of the administrative process; however, there is a purpose and a reason why there are multiple stages.  It is precisely because it was anticipated that there would be denials and appeals to such denials, that an administrative procedure for multiple stages of review and further submissions of evidence and arguments was constructed and implemented.  It is not an entitlement pursuant to a fixed date, a fixed age, or a triggering event.  Rather, it is an administrative process which must be proven, applied for, and affirmatively shown that one is eligible.

From the personal perspective of the Federal or Postal employee, the decision of “when” to apply for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, is also a process, as opposed to a singular event.  There are, of course, cases where a traumatic injury or life-changing accident occurred, and such an event is the triggering moment for filing.  But for most Federal or Postal employees, the medical condition suffered is a progressively deteriorating process, and it is often difficult to determine a “date certain” where one can point to on a calendar and state, this is the day and hour when I cannot perform one or more of the essential elements of my job.

This is why there is an inherent complexity to a process, as opposed to a singular event of certitude — for, it is always the unknown and the uncertain which gives rise to the anxieties of life, and a process is indeed a period of the unknown, and a chasm of uncertainty.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: The fading sheen of respect

It happens over time; and, perhaps, in marriages where discovery of once-cute characteristics become irritants, when tics of unique personalities transform into obstacles, and the surface beauty of looks gradually morph into the reality of superficiality of egocentric psychosis.  But, then, a career is like a marriage, but lacking the intimacy of misguided warmth.

Disdain – does it develop instantaneously?  Does the remark of condescension and arrogance, cutting into the soul by drips and drabs, meter the suspicion that something is amiss, that someone has been whispering untold gossips of tidbits and tadpoles still swimming but lacking the croak of the frog disguised, and never to be kissed or metamorphosed into a princess of fantasy and fairytales?

When and how does loss of respect occur?  Is it in incremental clutches of shifting sand dunes, like the mirage which appears and when we reach it with thirst and desire, disappearing without but a trace of salivating want?  The scornful expression of familiarity; is there anymore a depth of intimacy the closer we become with one another, or does the essence of human depravity prevent such soul mates to bond?

Have we become cynical, to the extent that we no longer recognize the essence of human goodness, and instead – as the Darwinian paradigm of pure materialism has pervaded every crevice of our thoughts and beliefs – we have all accepted the maxim that life is but an insignificant blip on a linear scale of colossal vacuity, where the speck of life is but a mere comma in the breath of the vast universe, and how man is not just below the angels, but nothing more than mere fodder for predators to devour?

Does relevance, significance, and purpose of living – that composite and aggregation of teleological meaning – no longer apply in a world where essence is defined by material possessions and the quantitative quality of crassness of existence?

It is often asserted that respect is earned, not by mere ascription or claim to status, but by merit of behavior and ascension to knowledge; but in this day of modernity when all opinions are of equivalent moral value, and those with megaphones can drown out the quietude of truth and logical validity, the sheen of respect for all has been diminished by the mere devaluation of the essence of human worth.

A sheen upon an object is cared for and vigorously attended to; the fading of it means that the owner or caretaker has allowed it to slowly, incrementally and progressively deteriorate; and these things always lose their brilliance over time.  Not in a day, a month, or even over the course of a year, but by subtle carelessness of constant neglect.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has impacted upon the ability and capacity to shine forth like those days of yore when energy was unmitigated, future hope was always a reminder, and where the brilliance of each hour was still to come, the fading sheen of respect shown both by the agency one works for and the coworkers’ company one cherishes, may be on the downturn.

If so, that Federal or Postal employee may want to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, if only because such loss of respect is reflective not merely upon the personhood of you, but upon the essence of human degradation.

In many ways, “moving on” to the next chapter of life beyond being a Federal or Postal employee is a step towards maintaining and guarding the residue still remaining of that respect which once was, but now fades in the sheen of devalued and obscured images of a person who once was, still is, but is seen as merely an object of derision, and not that worthy employee who forms the essence of a past now forgotten.

Sincerely,

Robert R. McGill, Esquire