Federal Disability Retirement Law: The Finish Line

What is there, at that end which you strived so hard to reach?  We often confuse the end-goals and mix up the purposes engaged.  What is the purpose of the finish line?  Is it merely to reach and cross it?  Does a runner engage in the activity merely to cross the finish line, or is there a greater purpose beyond the mere crossing?

Certainly, for an alien from another planet — or even to a child where explanations have not yet been sufficiently comprehensible because of a lack of context and he or she is merely an accidental spectator not yet attuned to the “ways of the world” — watching men and women strain and struggle to reach a white line and collapse upon crossing it, is a specter of strangeness and peculiarity.

Was it for the health benefits of jogging and running?  Was it to win a prize — a ribbon, a trophy, some cash?  Or was it merely for the fun of competition — to train, to discipline, to achieve?  And what of metaphorical finish lines?

The “race of life”, the “marathon to achieve”, etc. — you know, the motivational constructs which allegedly compel us to greater heights of competitive highs.

For Federal employees and U.S. Postal workers who retain an image of a “finish line” — of reaching those magical numbers which declare to everyone, “I have made it!” — it may be that other factors intercede, interrupt and prevent you from achieving that goal of being able to cross that proverbial “finish line”.

What would be the point if, upon reaching the finish line, you collapse and die?  Or, end up in a wheelchair, debilitated and unable to enjoy those “golden years”?

People often mix up and confuse the purpose for the goal with the crossing of the finish line itself: Reaching the finish line is not the same as answering the “why” of getting there.  If your health is deteriorating and you are only destroying yourself in the very effort to reach that finish line, it is time to consider preparing, formulating and filing an effective OPM Disability Retirement application under FERS.

And yes, while being on Federal Disability Retirement, those years you are on it count towards your total number of years of Federal Service when it is recalculated at age 62, so that you are essentially building up your retirement systems while being on Federal Disability Retirement.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and consider what the options are so that you don’t confuse and conflate reaching the finish line for the greater purpose of why and how you want to get there.

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.

 

FERS Disability Retirement Law: “It’s Behind Us”

The phrase can, without context, mean a number of things.  In story-writing exercises, a phrase such as the one referenced may be thrown at a student, and the student must then formulate the context surrounding the phrase, in order to give it “meaning” and relevance.

For example:  Perhaps it is a story about a haunted house, and two children are looking about, cautiously walking from room to room, when suddenly they hear a creaking noise, and one whispers to the other “It’s behind us!”  Or, it could have a completely different context — of a family crisis and how the various individuals deal with the problem, and when it is finally resolved, the wife turns to the husband and declares, “It’s behind us.”

Context is important, and relevance comes about only when the context is sufficiently fleshed out.

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 begins with a medical condition.  From there, however, the “context” must be fleshed out — the relationship to one’s job; whether or not there is a possibility for an accommodation; what “fleshing out” needs to be done within the context of the law, etc.

In a vacuum, a medical condition cannot “win” against the U.S. Office of Personnel Management in attempting to secure a post-employment Federal Disability Retirement annuity.  It is the experienced lawyer who can help in fleshing out the context in order to ground your case in relevance and “the law”.

Contact a lawyer who specializes in Federal Disability Retirement Law, and begin the process of formulating the relevant context in preparing, formulating and filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

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.

 

Federal Employee Disability Retirement: Sound Advice

“Sound” is a word which completely changes its meaning when combined with the word “advice”.  Taken separately, independently and in isolation, the word when articulated will not evoke the meaning produced by the combination, but rather, of noises one may hear, a song one is particularly fond of, or the voice of a familiar person, etc.  When placed together with the word, “advice”, it takes on an entirely separate meaning: Of being solid, reliable, truthful, etc.

Of course, one can also argue that it is merely a repetitive tautology, unnecessary and redundant; for, “advice given” should, by definition, be sound to begin with, otherwise it is neither advice nor sound and the duality of the meaning doesn’t add anything one to the other.  But clearly there is such a thing as bad advice, or advice which is “not sound”, and so there is a reason to combine the two words together, for the word “sound” does indeed add something to the word “advice” to combine and make up the concept, “sound advice”.

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, what is often lacking in the field of Federal Disability Retirement is not only “sound advice”, but any advice at all.  Agencies don’t want to disseminate information about Federal Disability Retirement; Supervisors and Managers offer ignorance as an excuse; and even your own Human Resource Office is deliberately unhelpful.

Consult with a Federal Disability Retirement Lawyer and obtain some sound advice, lest the soundness be less than sound and the advice becomes one which is regrettable.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Foundations

Foundations are important to every sound endeavor — or is such a statement a mere tautology of sorts, as “soundness” must by necessity involve a proper foundation, and foundations are by definition the basis of soundness?

We all recognize that, and expect that it is an universal principle; otherwise, we would stand over the constructio1n of every building, house or warehouse we entered, scour the blueprints and interrogate every worker having anything to do with the project before entering its premises.

That being the case, why do we so often disregard that principle when formulating a 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?

Think about it: What is the “foundation” of a Federal Disability Retirement case?  Yes — it is the “disability”; otherwise, without it, there is no “case” to file.  And how is a “medical disability” proven to exist, and more importantly, proven to have a “nexus” with the Federal employee’s or Postal worker’s job?

And, yet, most Federal and Postal employees formulating and preparing a Federal Disability Retirement application simply drop off the SF 3112C (the Physician’s Statement Form), and expect that the medical doctor, the psychologist, the therapist or the chiropractor will follow the minutiae of the instructions on SF 3112C, and then submit it along with the rest of the application and forms without nary a glance at the content and substance of the submission.

Clear, concise and perfected guidance provided to the physician or other medical professionals establishes a strong foundation for every OPM Disability Retirement application, and if you — the Federal employee or U.S. Postal worker — have consulted with any attorney who does not state with a straightforward “yes” as to providing that sort of guidance and direction in formulating and establishing the very foundation of a Federal Disability Retirement application, you may want to reconsider who is advising you, who is providing counsel to you, and who is helping you formulate the foundations necessary for an effective FERS Disability Retirement application, to be submitted to OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The problem perspective

Does “positive thinking” actually work?  Or, is it one of those pithy approaches to life, where the “throwaway” line is used to dismiss unpleasantries and negative influences that might otherwise disprove the obvious — that life is difficult enough without listening to the difficulties of others?  Then, there is the “problem perspective” — of seeing everything as a problem as opposed to a solution or opportunity, and to see the world as a glass half-empty in contradistinction to a half-full universe.

Objectively, of course, both descriptions reflect the same objective reality; the contention is that “how” we view the world (i.e., our subjective perspective upon the world around us) influences the manner in which we approach the objective world in deliberating, solving, resolving, tackling problems, embracing situations, etc.

The “problem perspective” describes a person who sees everything from the vantage point of a problem.  It is all well and good, of course, to speak about having a “positive” frame of mind when things are going well; it is when actual, objective problems and difficulties arise in one’s life, that the “real test” of whether “positive thinking” works comes into question.

Objectively, of course, one could argue that, whether one possesses a “positive” mindset, a “negative” perspective, or a somewhat neutral approach, the outside world (that “noumenal” universe that Kant referred to) cares not a twit about what we “think” (i.e., the phenomenal universe that Kant distinguished — the one that we actually have access to) about it — for, it still exists whether we have a positive, negative or neutral perspective, anyway.

It is when the objective world impinges upon the subjective perspective with an undeniable negation of the positive — as in, a medical condition that debilitates and makes for a painful existence, whether physically or cognitively — that the test of whether a “positive” outlook works, or whether a “negative” perspective makes a difference, tests our daily lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the approach one takes may indeed make a difference with a real distinction.  Yes, the end of one’s Federal or Postal career may be coming; and, yet, the Federal Agency or the U.S. Postal Service may well move to terminate you based upon your growing inability to perform one or more of the essential elements of your Federal or Postal job.

In the end, such a “problem perspective” is a very real one, and becomes a problem precisely because there is a combination of both the “objective” world (the medical condition itself) and the “subjective” one (what to do about it; the next steps to be taken; the decision to be made, etc.).

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not only be the best “next step” to take — it may be the “only” one in the sense that all other options are undesirable: to stay and suffer; to resign and walk away without doing anything; or to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

In the end, all “problem perspectives” need a positive solution, and preparing, formulating and filing an effective Federal Disability Retirement application is the best and positive solution for a Federal or Postal employee needing to resolve the problem perspective where one’s medical condition no longer allows for the fulfillment of all of the essential elements of one’s Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire