FERS Disability Retirement from OPM: Factors Not Considered

They are the ones which delay and defeat; those factors not considered which, had consultation with an expert been considered beforehand, might have saved both time and money in accomplishing the very goals which one expected in the first place.

The factors not considered will ultimately rear their ugly heads at the most inopportune of times; for, they are the obstacles not contemplated, the impediments unforeseen, and the problems unsolicited.  It is precisely the factors not considered which are avoided and circumvented for which we pay the “experts” to predict, foresee and forestall; and that is where expertise is precisely the worth one pays for.

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 a Federal Disability Retirement Lawyer in order to consider the factors not previously considered.  For, once OPM sees something — an issue not addressed, a statement unintended, a document unsolicited — you cannot put blinders on them.

It is precisely the factors not considered which must be considered; and by consulting with a Federal Disability Retirement Attorney, you will lessen the chances that those factors not considered will pass through the gates of opportunity, which can close with sudden rapidity.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: The Weather

We all know it is true; of clear, crisp days, when our minds are sharp with wit; of low pressure systems that loom overnight, bringing about a dark and dreary day and, along with it, our minds of dread and fogginess.

Biodynamic farmers ascribe certain days as “unfortunate” and restrict and minimize the type of activities recommended; Shakespeare, who ascribed astrological influences peppered throughout his plays and sonnets, and of weather in King Richard III, Act 1, Scene 1: “Now is the winter of our discontent, Made glorious summer by the sun of York; And all the clouds that lour’d upon our house, In the deep bosom of the ocean buried”.

We like to think that, in our sophistication of science and modernity, such factors as the planetary movements, the seasons, the weather, etc., have little to no influence upon our feelings, emotions, conduct or thoughts.  Perhaps Camus was more right than he knew when the principal character in “The Stranger” attributed his misdeeds upon the sun.  In the end, whatever the weather of the day, we are forced to weather the storms of our lives.

Medical conditions represent a metaphor in the life of a Federal or Postal employee; like the weather, the changing nature of the atmosphere around must be accepted and, at the same time, it is a storm-like state of being that must be endured — or “weathered”.

In the event that a change of career must be undertaken, it is important to consult with an OPM Attorney who specializes in Federal Disability Retirement Law.  For, in the end, whether it is a sunny day or a stormy one, the weather cannot be blamed for an ill-prepared Federal Disability Retirement application, and if denied by OPM, it must be weathered whether the weather had any influence or not.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The Inside View

There is the “outside” perspective as opposed to the “inside view”, and that is the mistake people make in various sectors of life: The “outsider” believes that, from a position and perspective of detachment and therefore objectivity, he or she is able to better assess, evaluate and analyze the event, situation or conditions experienced than by those on the “inside”.

By contrast, the “insider” views the outsider with suspicion, contending that he or she has no idea about the experiences and existential difficulties faced by the insider, and that a detached, objective viewpoint which fails to take into consideration the subjective, “personal” side of things misses the essential point of the issue.

It is the tension which exists between the townspeople and the “out-of-towner”; the one who lives in a community as opposed to the renter or investor; or of the person who drives around the neighborhood admiring the green lawns, the peaceful nature and the tranquility of a community, hoping to one day purchase a home there without knowing the problems inherent — say, that the water is contaminated or that there has been a rash of burglaries on the rise in recent years.

How does one break the invisible wall between the inside view and the outside perspective?  When does the demarcation between the two disappear?  Do numbers of years living within a community determine whether an outsider becomes an insider?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application because of a medical condition which has come to a critical point where the Federal or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job, it often “feels” like one has all of a sudden become an “outsider” again — not only from one’s own agency or the Postal Service, but moreover, because of the complexity of the administrative procedures and bureaucratic morass of the U.S. Office of Personnel Management — of the sense that the whole process is strange and detached.

Consulting with an attorney who specializes in Federal Disability Retirement Law is a good first step in bridging the gap that widens when first encountering that feeling, in order to get an “inside view” of what it takes to prepare, formulate and file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Beyond the weekend respite

It is always something to look forward to: Whether the regular rhythm of the 2-day, the “extra” delight of the 3-day, and the deliciously unexpected 4-day weekend when the time of rest is doubled and by the end of it, you’d almost forgotten about the frenzy of your day-to-day work schedule.

Do we “make up” for sleep?  Those so-called experts who claim that loss of sleep, once lost, can never be redeemed, clearly don’t know what they’re talking about.  A couple of naps; an extra hour of dozing; of coming to a profound realization that the sun can actually rise while a person is still asleep, and that consciousness need not precede the earthly rotation that allows for a peek of dawn — these are all revelations that can come on the weekend.  But then there is Monday; or the day after the 3-day weekend; and the day after that.

Years ago, in the idealism of one’s youth, one resolved never to live like this: As each day is a gift from God, one should not lack the relish of living during the week any more than on the weekends.  Yet, that is the cycle that most of us accept — of a bifurcation of leisure/work, enjoyment/dread.  And, in the end, there is nothing wrong with such a distinction; except when there is a despised exaggeration between the two.

The weekend is meant to be the respite away; but when the respite engenders a greater fear and dread of the following Monday, where restorative sleep cannot be attained no matter how much slumber is embraced, and when pain and recovery can never attain a level of coherent balance, then it is time to reconsider: Is this how life is meant to be lived?

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 — and, just as importantly and concurrently, where beyond the weekend respite there never seems to be an end to the race for recovery — it is time to consider filing for OPM Disability Retirement benefits under FERS.

When leisure is merely a time of suspension in the dreaded Mondays of work’s cycle; and where the treadmill of life’s spectrum between work and time-off is so out of balance that one cannot distinguish between the waking moment and sleep, or work and play because the medical condition is all-consuming; then, it is time to consult with an attorney who can guide you through the complex process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Disability Retirement under FERS & CSRS: Persuasion

What does it mean to “persuade”?  Is it an outcome-based event?  Can one be “persuasive”, yet never persuade anyone to act upon a commitment made, perhaps verbally or with a nod of the head?  What of a person who everyone agrees makes the most persuasive arguments, turns everyone’s heads with accolades of “wow” and “boy!”, yet no one can find a single person who has been persuaded to change one’s mind or follow?

How about in battle – of that skinny little runt of a captain who nervously spoke, but who charged the troops up with great words and ideas and said, “Let’s go!”  But no one really was convinced to follow him because of his diminutive appearance and lack-of-self-confidence demeanor.  Contrast that to the big, hulking leader who never spoke much but, when he said something, people believed and followed him to the death – it wasn’t words that persuaded, but his very air of reliance, dependability and self-assurance of being right.

Thus, does “being persuasive” always have to do with logical thought processes, relationships between words, ideas and the reality of being – or, can it also include one’s tonality of voice, air of confidence and seeming self-righteousness?  Can one be persuaded by fear alone, or must there be a conceptual connection – a “belief” in something – that must accompany in order to be validly persuaded?

Can an army that is comprised of a loose connection of mercenaries persuaded only by money, looting potential and promises of riches be as fearsome (or more so) than one that believes in a “cause”, is rooted in discipline and love of country?  At what point does persuasion even come into play?  In other words, can a person be completely unpersuaded throughout the course of an argument, say, and then at the very end declare, “Okay, I’m convinced”, when no part of the final five minutes of the argument contained any basis for such a change of mind?  Is “being persuaded” merely a logical connection of rational argumentation, or is there some emotional element mixed therein?

For Federal employees and U.S. Postal workers who are considering 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, the question of persuasion is an important one.

First, the Federal and Postal employee must be persuaded that filing for Federal Disability Retirement is a necessary next step.  Then, doctors must be persuaded to be supportive.  Further, legal and medical documentation must be provided which must contain persuasive evidence.  And finally, the evidence submitted must be compelling enough to persuade the U.S. Office of Personnel Management.  Thus, whether fully logical, or containing some elements of the emotional, persuasion is an essential component of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: The voice of constructive criticism

It is rare for the individual to accept constructive criticism; rarer still, to invite and welcome it in any form, whether destructive, constructive or otherwise characterized as “positive”, “negative” or “neutral”.  The fact is that few of us accept any form of it at all, and quickly respond with the rebuttal:  “It’s not constructive”.  But why does it need to be?

Such a reaction assumes an inherent distinction that merely and preemptively places an obstacle to further engagement.  It may well be that, in the end, one can conclude as to the resultant characterization initially presumed, and perhaps even to attribute bad faith, unhelpful motivations and intended cuts.  But all of that should come at the end of the deliberative process, and not as the beginning firewall to prevent further discussion and consideration.

For some reason, the evolution of man has embraced the societal need to spend an exorbitant amount of time defending justifying, counterpunching and placing linguistic walls of protective measures in order to preserve the superficial appearances that we all deny we revere.  The irony of Western Philosophy is that, despite questions repetitively and exhaustively presented – with never any conclusive and satisfactory answers ever provided (like children and their eyes bulging with curiosity in a toy store) – the query never ends and the answers are forever avoided.

This age of modernity, however, has a new wrinkle:  as traditional philosophy has been relegated to insignificance and irrelevance by reducing it as a matter of language games and confusion in our thought-processes, so now the “new” approach is to avoid any substantive questions (and therefore any curiosity to have the answers) and, instead, to preserve and protect our superficial lives and appearances.

The beginning of Western Philosophy warned of this – from Parmenides and Heraclitus, and with the entrance of that irritant vagabond Socrates as related to us through the Platonic Dialogues – “appearances” were to be queried and investigated in order to get to the foundation of Being.  Now, we avoid even the appearance of superficiality in order to protect how shallow we are, and we do this by preemptively and viciously attacking the mere question in order to avoid any criticism at all.  This can obviously have dangerous consequences.

For Federal employees and U.S. Postal workers who want to consider preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to submitting a “winning” Federal Disability Retirement application is in being open to self-criticism, whether constructive, destructive or otherwise neutral.

Vigilance in life is always the key, and refining, streamlining and formulating an effective Federal Disability Retirement application should go through a rigorous “vetting” process, such that the questions of Socrates through his dialectical methodology of getting to the “truth” should never be subverted.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The hospital bed

It is a lonely and demoralizing state of affairs; they poke, prod and insist upon ruling out every sector of one’s body as the culprit of diagnosed maladies.  The hospital bed is a barbaric contraption next to a mediaeval torture chamber, and one can only imagine what such inventions were like in those olden days, when antiseptic means meant the possibility of washing one’s hands every now and again, and where pain and death were part of everyday living.

It reminds us, above all, of our own vulnerability and mortality; and what a blessing health and life are.

Oh, it is true – we take such issues for granted, and barely get beyond the tripe and inane statements like, “Oh, health is such a blessing,” or, “We are so thankful for our health.”  It is when one is in the hospital, alone in a bed, in the darkness of those twilight hours, that the reality of one’s own Being is revealed:  the projects we cling to; the significance we place upon the work we perform; and the extra credit we think we deserve when we work late into the wee hours.

We have heard all of those wise remarks, either in novels, essays or even movies:  On your epitaph, you do not get a special mention for ignoring your health.  Work is great, but that needs to be placed in its proper perspective.  The projects we engage and embrace – is it, as Heidegger reminds us, merely a means to avoid the inevitable outcome of our fate?  Do the gods laugh from above, pointing to our mortality and the fruitless attempts we cling to in order to avoid facing our future?

It is, in the end, the hospital bed that reminds us starkly of who we are, where we are heading, and what this all will mean.

Retirement is not meant to be a time to spend in a hospital bed; Disability Retirement is not meant to be filed at a point when a Federal or Postal employee is so debilitated that once it is approved by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, that one merely “retires” to a hospital bed.  It is, instead, a system whereby a person is recognized to no longer be able to perform some of the essential elements of one’s job, but that there is an implicit understanding that there can be a time in the future where productivity can be applied to a different vocation or another career.

Yes, there are jokes that abound – of Federal Disability Retirement annuitants being Walmart Greeters or engaged in other similarly menial and lesser jobs, but those are not the only stories to tell.  There are many Federal annuitants who have found private sector jobs where the pay scale comes perilously close to the 80% limit – and, while that can be a problem, isn’t that a “good” problem to have?

Filing for Federal Disability Retirement benefits does not require the “higher” standard of being debilitated or “totally disabled”; rather, it is a standard which recognizes that there is an inconsistency between the position one occupies, and the medical conditions from which one suffers.  If consideration in filing is arrived at in a hospital bed, it is still not too late; but a reminder it is, and the next steps are to begin the long and complicated process of preparing, formulating and filing an effective Federal Disability Retirement application.

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 Employee Disability Retirement: Wisdom’s hold on life

We never quite “get it”.  Trans-generational imputing of wisdom is not part of modern society.  In more “traditional” societies, multi-generational families live together out of practical reasons:  Not only is it less expensive if the earnings are pooled into a single resource of means, but until marriage or an offer of economic leverage pulls a member away from the core, imparting of wisdom, experience and voices of learned care may be passed down from generation to generation.  In the West, instead, the rush is to depart and fracture; to get away as quickly as possible; for, as youth is the cult of modernity, so folly of youth is the means by which we live.

That was the point of alternative interactions, as well – of apprenticeships, internships and other similar ships moored to more experienced hands; but even those are now relics of an age no longer relevant.  And of age – old men with decades of experience in handling matters of great complexity, shuttled away into homes smelling of antiseptic camouflaging of decay and devoid of respect or gratitude; women who once gained a stature of serene contentment, now deluged in a cauldron of impoverishment and relegated to the insignificance of lost memories.  Where is wisdom’s hold upon life?

There is, in the end, no means for generational transfer of wisdom, and the wheel must be reinvented at every turn, by an ignorant and inexperienced first generation where “first” is always reenacted and “generation” is merely something to submit to have a family tree drawn in order to boast of one’s genetic predisposition towards folly and foolishness.  Yet, we have come to believe that wisdom can be equated to information, and so we hand out Smartphones so that we can mindlessly look up data, soft news and questionable sources where references cannot be verified, plagiarism may be rampant, and esoteric knowledge has been forever generalized to a point of neutrality of purpose.

Where do we get wisdom?  From advice columns, gurus of booksellers hinting of “secret” formulas and self-serving wanna-bees of Dear Abby.  Once, wisdom’s hold on life resulted in an evolution of greater growth, as generational transfer allowed for each within the greater whole to advance beyond the elementary foundations of first principles.  Now, we are solitary, isolated and disconnected.

For Federal employees and U.S. Postal workers who need to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, wisdom’s latent hold on life should not make one pause, but rather, as the dissemination of knowledge, information and guidance can be accessed through an experienced lawyer who has faced OPM many times, life need not be anticipated, but advanced beyond the folly of youth where wisdom’s hold on life is but a moment devoid of influence.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Day after day

Is monotony a negative trait?  How about consistency?  What is it in life that we strive for, search out and look under stones and around corners?  Is it possible that the life we already have, live by and daily “just do” is the one that is fated, meant to be, and of a satisfactory contentment such that change and disruption would be an unwelcome alteration?  Why is it that much of our time is given to complaining and picking at dissatisfaction, and it is only when unwanted intercessions suddenly turn things upside down, create a tumult and travail of circumstances, that we then suddenly “appreciate” the simple things in life?

Day after day, we enjoy the monotony of our circumstances, until one day we are hit with a medical condition.  Things change; stuff happens; unwelcomed interventions are a part of life, and make for a transcendence from the staid and stodgy; and then we wish we were back to the day after day.

Medical conditions have a way of doing that – of forcing an appreciation for things simple when we complained of boredom and the loss of excitement.  Things we once took for granted – of being able to sit for a time without the distractibility of pain; of giving and receiving a hug without wincing; of being able to focus and concentrate on a book, an article or even a few sentences without becoming overwhelmed by pure and profound exhaustion and fatigue; those simple things in life that once brought joy, now a wistful memory of remembrances past, projected exponentially into a future unknown.

Will we ever be able to recapture that which we seem to have lost?

For Federal employees and U.S. Postal workers who are suffering from a medical condition, such that the medical condition no longer allows for the day after day monotony of performing the essential elements of one’s Federal position, preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, may be the best option available in an effort to recapture that once-monotonous life of drudgery and dreariness that you so long for.

“Count your blessings”; “Appreciate what you already have”; “Don’t complain; enjoy”; they were all considered inane pearls of forgotten wisdom, but when a medical condition hits us, the truth underlying each tends to nudge us towards being a better person for it.  Filing for Federal Disability Retirement benefits won’t make you rich; but then, what has wealth got to do with it when you don’t even have your health?  Filing for Federal Disability Retirement is, instead, a means to another end – to attain a place where you can attend to your medical conditions and begin to travel the road back to where you can be bored day after day.

Sincerely,

Robert R. McGill, Esquire