FERS Medical Retirement: Universes turned upside down

There are certain events that occur in life where the consequential results make it seem as if one’s universe has been turned upside down.  Even “positive ones” such as finding new employment, getting married, having a newborn — and not least of which, having a sudden, debilitating medical condition that impacts one’s ability and capacity to continue in one’s chosen career.

When such a catastrophic event occurs fortunately for Federal Gov. employees and U.S. Postal workers under FERS — Federal Disability Retirement is an option to be considered.

The benefits of a FERS Disability Retirement are numerous: It’s portability; the fact that you can make additional income on top of the annuity itself (thus allowing for a “second career”) — up to 80% of what your former position currently pays (in addition to the annuity payment which is calculated at 60% of the average of your highest-3 consecutive years of service for the first year, then 40-% every year thereafter until age 62, at which point the disability annuity gets recalculated as “regular retirement” based upon the total number of years accumulated, including the years on disability retirement – and so, you are actually building up a retirement system while you are on disability retirement).

It is a benefit which thus allows for some semblance of security to provide a cushion against that event which turns one’s universe upside down.  However, as with all such benefits, you must fight to secure it, and thus should contact a FERS Disability Attorney who specializes in Federal/Postal Disability Retirement Law.

The Law Offices of Robert R. McGill has been fighting on behalf of Federal and Postal employees for many years, and we have successfully secured that needed “cushion” for countless numbers of Federal and Postal workers.

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 Medical Retirement from OPM: Grasping at Straws

The etymology of the phrase comes either from Thomas More’s work, Dialogue of Comfort Against Tribulation (1534), or from a later work by Samuel Richardson — a novel entitled, Clarissa (1748).

The idiom itself is perhaps misinterpreted, as we think of “straws” as that plastic contraption (or, more recently, that environmentally-friendly one made of paper which begins to disintegrate the moment you take your first sip) created as a thin tube for soft drinks and the like.

“Straws”, in older times, however, refers to thin reeds which grow by the side of a river, and a man who is drowning may futilely grasps at such thin reeds in an attempt to save himself.  In today’s world, the idiom may imply an act or decision-making process, usually in a state of desperation, without sufficient knowledge or data, leading one to “grasp at straws” — entities which will not help you out of your state of desperation.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to perform all of the essential elements of your job, there is often a sense of “grasping at straws” as you flail about trying to retain the shambles of your career.

Conversely, the idiom may also apply at some of the illogical reasonings given by the U.S. Office of Personnel Management in denying a Federal Disability Retirement case — of “grasping at straws” to find a basis for denying a FERS Medical Retirement case.

In either case, it is important to contact a disability attorney who specializes in OPM Disability Retirement Law, and begin the process of grabbing onto the substantive basis of a Federal Disability Retirement case, and not allow for the futility of grasping at any straws along a fictional river where desperation should be left to myths, fairytales and idioms of old proverbs.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in Federal Disability Retirement Law

 

Qualifying for FERS Disability Retirement: How Hard is It?

That is a question which is entirely dependent upon the individual facts and circumstances of the case at hand.

Everyone would like to believe that his or her Federal Disability Retirement case is a “sure thing”.

Some attorneys, perhaps, offer a “money-back guarantee” — but what is such a guarantee worth?  To merely return the money, or some portion of it, if a case has failed to be approved?  How hard do you think such an attorney will fight for your case if it gets denied at the First Stage of the process and it appears that the U.S. Office of Personnel Management is going to fight to deny your case at every level of the administrative process?

There are few, if any, “slam dunk” cases, and OPM is a Federal Agency which guards its territory as if their life depended upon it — and well they should, as every Federal Disability Retirement application should be scrutinized to the extent that each must meet the legal criteria for approval and valid viability.  But that is where the dispute and the battleground exists: It is the interpretation of the law and its interpretive application to each individual case.

Contact an OPM Disability Attorney who will fight for an approval of your Federal Disability Retirement case — one who has the experience, wisdom and fortitude to aggressively pursue your Federal Disability Retirement benefits, no matter how hard it is.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Stresses

The bombardment of stimuli is an unavoidable constancy.  We may not even “know it” or may not be conscious of the surrounding and indirect data being taken in, but the lights, sounds, peripheral data and sources of distractions all vying for our attention nevertheless impart their silent screams for our reaction and response — and our “subconscious” selves take it all in, process it, and determine which course of action will appropriately take care of it.

Tolerance for it depends upon each individual.  The level of one’s capacity to withstand it; to avoid it; to ignore it; to subsume it into the body of our everyday existence is likely dependent upon one’s DNA and the circumstances of our upbringing.  Does everyone have a “flashpoint” of breaking?  Likely.  Are some able to tolerate greater levels of stresses than others?  Yes — although, most of us think that we are that “exceptional” individual who can withstand to greater heights than others, when we are more likely no different; we just hide it better.

It is often the foreboding of an uncertain future which provokes the greater stress; that, combined with the unexpected, together portend an intolerable level of heightened fear.

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, the stresses that one must tolerate are multiple and overwhelming: Dealing with the medical condition itself; the uncertainty of one’s future with the Federal Agency or the Postal Service; the stresses of the demands made by the Federal Agency or the Postal Service; and the unpredictability of a Federal Disability Retirement application with the U.S. Office of Personnel Management.

While such stresses can never be completely eliminated, it is the confidence going forward that certain of them may be contained, restricted or ultimately resolved, may be better dealt with by getting some answers by consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyers: Guarantees

It turns out that — in this time of modernity where language can persuade anything and anyone on everything everywhere — that a guarantee is not quite what it proposes.

Is a “money-back guarantee” a guarantee at all?  To say to X, “I guarantee you an outcome-O; but if it doesn’t turn out that way, then I will give you your money back.”  Huh?  How is that different from no guarantee at all?

Okay, so maybe you receive a refund — but you are in no better position than if no guarantee was made to you to begin with; it’s only that you received a refund of your own money with nothing else to show for it.

Disjunctives essentially nullify the affirmative assertion of a statement.  Thus, to say that, Well, I guarantee you X or (beware of that disjunctive) if X doesn’t occur, then Y — is to merely give with one hand and take it back with the other.

Life in general, as we all know, rarely has any guarantees at all.

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, the process of filing for FERS Disability Retirement benefits is complex enough without being mislead into thinking that entitlement is a guarantee.

It is a benefit that must be fought for, and as all fights worthwhile have a cost to be paid, it is well to consider that an attorney who “guarantees” an outcome should be approached with caution.  Seek the advice of counsel who provides worthy guidance — not one who “guarantees” something that cannot be guaranteed.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The historical data

How much historical data is too much?  Is there a correlation between “too much” and “loss of interest”? In other words, when a history book is written, does the interest shown by the reader begin to wane when a certain point of quantitative overload begins to overwhelm?  Further, does the audience for whom the historical data is written depend upon the extent given?

Certainly, “popular” historical narratives provide “juicier” content than more “serious” biographies, where the salacious aspects of a person’s life or of an event are put to the fore, as opposed to relegating them to footnotes or in those “fine print” pages at the back of the book.

If, for example, data is compiled for an internal study for the “Historical Society of X”, then certain detailed information without limitations might be included — i.e. how many times this or that civilization went to war, went to the bathroom daily, ate one kind of fruit as opposed to another, etc. But if that “study” were to be made into a biography of an indigenous tribe, to be sold to the general public, it might leave out certain of the more uninteresting data, or placed in footnotes or “background notes” at the back of the book.

At what point does a historical narrative become “tedious”?  Again, is there a correlation between “interest shown/sparked/waning/losing” and the extent of data provided?  Is there a “qualitative” difference as opposed to sheer quantitative overload?

These issues are important to keep in mind when a Federal or Postal employee begins to write one’s narrative in response to questions posed on SF 3112A, Applicant’s Statement of Disability.  For, there is always a tendency on the part of the Federal or Postal applicant to have this unquenchable desire to “tell one’s story”, as opposed to answering the question on SF 3112A in as precise, concise and incisive manner.

At times, some amount of historical background may be relevant and somewhat necessary, but unlike “internal studies” that have no cognizable consequences in providing “too much” information, an overabundance of irrelevant data provided may have a duality of negative results: First, it may take away from, and diminish, the “main point” of the narrative, and Second, you may be providing information that is inadvertently harmful to one’s OPM Disability Retirement case without intending to.

Remember always in a Federal Disability Retirement case, that the eyes that once see cannot be blinded after the fact, and it is better to provide information as a supplemental means in a Federal Disability Retirement case, than to have to explain, correct and amend after a denial is received from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: The shaken confidence

Tree limbs can be shaken; hands can shake, evidencing some agreement or initial salutation of a wordless sort, or even accompanied by some utterances; and the earth can shake as the subterranean tectonic shifts invisible and otherwise unnoticed, which then can result in tsunamis and other natural disasters.

The shaken confidence can take many forms; and the forms themselves cannot so easily be identified.  It presumes, first of all, that there was “confidence” to begin with, lest that which is shaken could not possibly have occurred unless it preexisted the loss of it.  Yet, too often, the evidence of its very existence is merely the lack of any contrary characteristic — i.e., a negation that fails to manifest existence and thus cannot actually be proven.  Of a person who walks about without any noticeable trace of lack — do we say of him or her, “He has confidence’?  Or is it just the one who has an overabundance of it, who struts around like a proud peacock or a rooster who takes no guff of whom we attribute “overconfidence’?

In normal discourse we just assume that, unless there are indications to the contrary, everyone who stands and walks amidst and among us possess some level of “confidence” or, in more particularized form, of “self-confidence”.  What are the events or issues that “shake” it, and what can an attribution of such an event mean?  Perhaps it is triggered by some tragic source — a trauma of a very personal nature, of death or an accident, perhaps; or can it be by mere utterance of words, of a berating boss or an insensitive spouse?  Or, how about a realization that one’s presumed immortality is simply not so?

None of us believe in immortality — at least, not in the sense that we will live forever walking about this earth.  Yet, until an event “reminds” us of our mortality, we take it for granted that life goes on as the day before, and the day before that; and so the concept of immortality resides by avoidance or ignorance, until something “reminds” us that, indeed, mortality is the nature of life, and flesh is by each instance and in incremental subtlety progressively deteriorating within the microscopic cells of slow degeneration.  And of a medical condition — can it be the source of the shaken confidence?

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 — the shaken confidence resulting from the progressively deteriorating medical condition is just as real as the earth that trembles and groans from tectonic shifts that moves and crumbles the structural integrity of high engineering feats.

Federal Disability Retirement is often not a choice made in confidence, but from a lack thereof; for, a medical condition cannot be viewed within a vacuum of a mere diagnosis that can be surgically extracted; rather, a medical condition is a sequence of aggregated tragedies — of the medical condition itself; the symptoms which result; the impact upon one’s personal and professional life; of the effect upon family and friends; of the triggers upon one’s psyche as well as the physical pain and mental anguish experienced.

In short, the shaken confidence of the one who used to walk about the earth as if you owned it, and preparing, formulating and filing 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 simply the first step in regaining that “shaken confidence” that was once a day before in a time now long forgotten presumed to have always been there.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: Of myths and unicorns

We too often consider myths and unicorns as those ancient stories based upon an error in analysis of transcendental or metaphysical concerns; that, somehow those “old folks from the past” (you know, the Celts, the Druids, the Normans and Romans and all of those other funny-sounding names once remembered for multiple-choice tests but otherwise lumped together as so many knights in shining armor with large red crosses painted across their chests) just didn’t understand the laws of the universe, Newtonian Physics or Einstein’s Theory of Relativity (even though we ourselves, or most of us, barely comprehend even the surface of such conceptual constructs), and that through misapprehension of the underlying “scientific” principles that were yet undiscovered or unrecognized, our sophistication in modernity can easily dismiss those beliefs of yore, of myths and unicorns.

But of our own myths and unicorns, of course, we can justify, though we cast away objective truth by a mere dismissive wave of the hand with certainty within the insularity of our own opinions, and declare dead the Platonic Forms or Aristotelian logic that once dominated the Western sector of the universe, and thereby cling to the very myths and unicorns we have created, though new and refreshing they may be or seem.

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 distinguish between myths (i.e., those stories of the ancients that are told around bonfires and sacramental declarations in the corridors of echoing halls), unicorns (those folklore creatures still believed to be in existence by some, like hobbits and gnomes) and The Law (that funny creature that creeps about in the dark recesses of doubtful minds, that somehow governs the day to day activities of most, and for the particular Federal or Postal employee who must consider filing for Federal Disability Retirement, some specific application to protect one’s rights).

Before you begin the process of preparing, formulating and filing for Federal Disability Retirement, know The Law by consulting with an attorney who specializes in Federal Disability Retirement Law so that you do not mistake the misapprehension of the universe of Federal and Postal actions like so many myths and unicorns that yet pervade among us.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Answering the question

What constitutes “answering the question”, and more importantly, how does one determine when its opposite occurs — NOT answering the question?  Does the former occur if the questioner fails to follow up, and does the latter become an issue if the person asking responds with, “That doesn’t answer my question,” or some such similar declarative assertion?

Take the following hypothetical:  Person A asks Person B, “So, where do you come from?”  Person B answers, “The skies of Normandy were grey on that June day in 1944.”  Now, Person A could have various responses to such a statement, as in:  1.  “No, no, I asked where you came from.” 2. “Are you telling me that you come from Normandy, France?”  3.  “That doesn’t answer my question.”  4. Or, silence, with no follow-up.

Person B, of course, could similarly respond in variegated ways, as in:  A.  “I just told you.”  B.  “Yes” or “No” (in response to the follow-up question, “Are you telling me that you come from Normandy, France?”).  C.  Silence, or “Yes it does.”  D.  Nothing further.

It may be that Person B simply has a poetic bent, and from his perspective, the mundane query was answered in a metaphorical, literary manner.  More to the point, however:  Who determines if a question has been answered (leaving aside the further query of whether the answer itself has “sufficiently” or “fully” been responsive to the question) — the one who asks, or the one who answers?

In a normal conversation, of course, the issue rarely comes about; in an argument where one or the other side, or both, are trying to get answers and defeat the other side, the heat of the moment may determine the answer to the question; and the penultimate paradigm of the question, “Who determines whether the question has been answered?” occurs in the highest form during a deposition or cross-examination in the legal arena.

Observing what occurs during a court proceeding is an interesting experience of human behavior; of the back-and-forth between counsels and the witnesses being deposed or examined, as in:  “You didn’t answer the question.”  “Yes, I did.”  “I asked you…”.  “Asked and answered.”  “Objection, the question has already been asked and answered.”  And on and on until a singular point is pursued to an exhaustive level ad infinitum and ad nauseum.

Is the issue of what constitutes an answered question somewhat akin to the question or “original intent” — i.e., that just like an author’s original intent as to the meaning of a written document is what should rule, similarly, the person who asks the question has the sole power to determine whether or not the question asked has been answered, and moreover, adequately and sufficiently answered?

For Federal employees and U.S. Postal workers who are beginning the process of preparing, formulating and filing 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, these questions concerning the “answering of questions” will and should come to the forefront when confronted with the questions asked on SF 3112A, Applicant’s Statement of Disability.

Inasmuch as the U.S. Office of Personnel Management has promulgated the questions in a carefully-crafted manner, there are some inherent pitfalls and dangers in what constitutes an adequate response, a sufficient answer and the complete delineation that rises to the level of a satisfactory statement.

SF 3112A is replete with unanswered questions within the very substance of each question, and the answers you provide are best guided by an attorney who has had the experience of legal encounters previously, and who specializes in the Law of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: The concise sentence

What is the difference between being concise and performing with precision?  The former is often applied in the universe of words and communication; the latter, in areas where quantitative measuring tools can be determined, such as in science or in mathematical sectors.

We say of a person who speaks voluminously but with little substance that he or she represents the antonym of conciseness; and so a comparison is often made between volume spoken or written and concepts or thoughts conveyed.  Of Literature, most would agree that Hemingway is the representative paradigm of conciseness, whereas Joyce and Faulkner reflect the very opposite, though all three are considered classic and great authors.

Do we excuse such authors as Joyce and Faulkner because, in literature, we tend to focus upon the stylistic brilliance of their writings as opposed to the “meaning” that captures the undercurrent of their works?  In other words, although they may give us “too many” words and thus are, by definition, lacking of conciseness, we nevertheless overlook such imprecision precisely because we do not attribute “amount” as the necessary and sufficient cause of determining the worth of good authorship.

Hemingway used to say that, in writing, he had already formulated each sentence before setting it upon paper, whether in handwriting (a lost art) or at the typewriter (a manual, when those contraptions existed and where the clack-clack of metal keys pounded deep into the twilight of a writer’s life).

Why do we applaud and celebrate the concise sentence?  Does it make a difference whether or not a sentence, say, with 7 words communicates a thought as opposed to a paragraph with a thousand words that conveys the identical conceptual construct?

Take the following 2 examples: 1. Lessening of debt equals wealth. Or, 2: If you have less to owe to others, then it is the same as savings; or, as Benjamin Franklin used to say, a penny saved is a penny earned, and the reality of it all is that we have more to spend and retain wealth, not so much because you have more money, but you have more because less is spent on paying other people your hard-earned dollars.

Now, both sentences convey essentially the same meaning.  The first one, however, is comprised of 5 words. The second one took…many words to communicate the same thought.  Does it matter whether a concise sentence is used, as opposed to one that is not, if the same two convey identically reflective thoughts?

It might make a difference, because of one factor that has not been discussed: Being concise often possesses the added feature of being precise, and precision is important in the accuracy of conveying thought.

For Federal employees and U.S. Postal workers who are thinking about preparing, formulating and filing 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, there is a dual-key component to preparing the SF 3112A, Applicant’s Statement of Disability: Be concise, but do not forego length for completeness.

In other words, being concise in order to convey the proper information is important; but, at the same time, do not sacrifice wordiness just because of the limited “boxes” that are provided on SF 3112A.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Attorney