FERS Disability Attorney Help: The Hammer or Screwdriver

They are two different tools or implements; of the latter, a connotation not of the tool itself, but the approach to take.  In grammar (do we even teach that in schools, anymore?), the term “implement” can be either a noun or a verb.  As a noun, it is a tool, utensil or other piece of equipment.  As a verb, it means to act upon a decision made or plan devised.  In either meaning, it is the application of X upon Y, as a tool to use or a decision to move forward upon.

As to the specific tools — the hammer or the screwdriver — the application of either depends upon the work to be done.  As metaphors, they denote differing approaches.  The way of the hammer is to pound whatever it is which needs to be driven in; the approach of the screwdriver is to slowly and methodically twist and turn the screw until it attaches and secures the two or more surfaces which previously remained separate and apart.  The manner and approach between the two differ considerably, but both in their completion manage to do the job required.

In Law, the two approaches require thought and planning.  The “hammer” approach, of pounding the law aggressively; the “screwdriver” way, of a quieter, more persuasive tone.  The choice between the two depends upon the circumstance, the audience, the goal and the plan.  For Federal Disability Retirement applicants, the manner and approach of applying the law is important.  What you say; how you say it; the hammer approach or the screwdriver manner — that is the province of an experienced lawyer.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and consider whether in preparing, formulating and filing an effective Federal or Postal Disability Retirement application under the Federal Employees’ Retirement System (FERS) with the U.S. Office of Personnel Management, you should use the hammer approach, or the screwdriver methodology.

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: The Pulp of Dread

The definition of “pulp” is consistent in either context: Whether describing a mass of shapeless form, or a second-rate work of whatever genre, it describes an entity or fictional work — and perhaps even a mood or an environment — which is undesirable.

Pulp is the stuff in drinks which has not been filtered out; it is the leftovers of a fruit drink; it describes the mass-generated works of a failed author; or of a movie without any intellectual content, but merely for the entertainment of the lower senses.

The Pulp of Dread, similarly, is that sense of overwhelming disgust, fear or enmity which exists when something is about to happen, when a future event is about to come upon us, or of an expectation of foreboding disaster.  Perhaps it is about the “Holidays” upcoming, where we must put on our best faces and smile with aplomb, no matter how we feel or how we are.  Or, perhaps it merely refers to another workday because one’s medical condition prevents the Federal or Postal employee from being able to perform all of the essential elements of one’s Federal or Postal job.

In the event of the latter — of the sense of pulp of dread for the Federal or Postal employee trying to hang on to his or her Federal or Postal career because of an ongoing medical condition — contact a lawyer who specializes in Federal Disability Retirement Law and consider getting rid of the pulp of dread.

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.

 

OPM Disability Retirement: Elevation of the Ordinary

The ordinary is in contrast to the extraordinary; the extraordinary, to the penultimate superlative; and perhaps one may go on to greater heights of adjectives, but the one which cannot be surpassed is that of “perfection”.

Various perspectives depend upon the manner of how we approach life; on the one hand, the “ordinary” can be viewed as comfortable anonymity — of a self-satisfied status of neither shining beyond nor underwhelming those around, but a quiet competence which betrays a quietude of monotony, of sorts.

By distinctive differentiation, the “extraordinary” is separated from the former by way of elevated characteristics that point out some level of accolades beyond — somewhat like those brighter stars within the vast universe of a sky filled with billions and billions of twinkling lights (can you hear in the background the voice of Carl Sagan?).

For some reason, we scoff at the ordinary and encourage a stature of the extraordinary.  Perfection is out of our reach; the extraordinary, however, is somehow seen as achievable, and so we become life coaches for our children within the microcosmic universe of our own lives: You can become X; You can do better; You can be the best; You are a special individual — etc.

When does the ordinary become a goal in life?  When everything and everyone is “extraordinary”, doesn’t the extraordinary become the ordinary?  When the elevation of the ordinary becomes a commonplace occurrence, then nothingness becomes something and everything becomes conflated and indistinguishable.  Until — that which was once ordinary is lessened.

When a medical condition prevents the Federal or Postal employee from doing the ordinary — of one’s job; of enjoying the weekends; of being able to just take out the garbage without pain, etc.; then the elevation of the ordinary becomes a focus of want.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the ordinary is elevated to a goal of satisfaction, then it is time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Focusing upon one’s health is an ordinary matter for most people — we take our health for granted.  When our health fails, however, then it is time to view the elevation of the ordinary as a means of reaching for a time that once was, where Federal Disability Retirement benefits will allow for the extraordinary circumstances to return the Federal or Postal employee to the desired goal of elevation back to the ordinary.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Footprints in the snow

Snow makes a flashlight irrelevant.  Even without a moon to shine, and of clouds to mask the twinkling stars, somehow the pure whiteness allows for visual acuity.  At dawn, the footprints betray the activity that once was; and the current inactivity shadowed by the early morning yawn makes one wonder: who noticed, and what if I were standing quietly under the elm tree, making myself a part of the stiff objects in the wintry twilight?

It is similar to the Zen query of the Sixties — of a falling tree with no one around, and the pondering: Was there a noise?  And then the rush of activity as the daylight dominates and the darkness recedes and the purity of the blanket of white that once betrayed the footprints in the snow is replaced by human trudging, winds blowing and the mere vestiges that are now only images in one’s memories.

People are born daily, live their lives and die; and like footprints in the snow that appear for a moment in history’s unmentioned footnotes, they disappear with barely a trace but a few words in the obituaries. Oh, try as we may in our futile attempts at being remembered — of graveyards with larger stones; of “memorials” pasted on the back windows of cars; or even of yearly vigils; the fact is that we are mere footprints in the snow.  Yet, what is important is that the footprints did, in fact, once exist, even if the windswept vanishing of once-seen imprints disappear like vapors of steam curling into the midnight sky.

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 sometimes like footprints in the snow — you realize that you were once “relevant” in this world and that the Federal Agency once looked upon you as a “valuable member of the team”; but now, you are treated as the windswept footprints that were once clearly visible in the snow, and now no longer.

Filing for FERS Disability Retirement benefits is the last act before the wind sweeps away the footprints; it is a means of recognizing what is important in life, and to focus upon your health and well-being and to leave behind the footprints in the snow that are so easily forgotten in the hubbub of the world’s daily activity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Of Dreams Before

It is the past that always haunts; of dreams before, when youthful vigor and innocence begetting of naïveté left one breathless with a clueless notion of the world.  Was it better to live in a world of fantasy, where the world was limitless in its potential — or do we prefer the reality of cynicism where we finally comprehend the restrictions of imposed constraints?

The worst form of put-down is to refer to a middle-aged man or woman as one who “had” so much potential; for it is the third person singular in past tense that evolved from the present tense of “has”, and we wonder when the variation substituting the “s” with the “d” occurred.

It is all well and good to be young with yet the fading scars of an acne-riddled chin, with barely a stubble to makes a difference by a razor’s edge in the morning, and be referred to as a person who “has” potential; it is quite another when the first wrinkles of botox-resistant flabbiness find a permanent home in the comfort of an expansive forehead, when the verb is still applied but with the substituted subtlety of the interchanged consonant, barely noticed but with conviction declared.

That is when, of dreams before and hopes once harbored become but shadows left behind in the greenery of a forgotten childhood.

Do we despair when we no longer have dreams?  Are we sadder, less positive, more cynical, when the potential others noted have been dashed with the ravages of time, reality, cold facts and ruthless societal indifference?

One can possess virtue in this world, so long as it is never tested; but is virtue of any value if it never encounters reality but remains in the ivory towers of conceptual constructs?  Of dreams before — before what?  Before the “real world” extinguished them and relegated such to the trash heaps of childish fantasies, never to be redeemed because of the debts owed and the responsibilities to bear?

Yet, one can hold on to some dreams, and even if never realized, the dreams of youth may still be enjoyed regardless of the substitution of the “s” for the “d”.  What others say of you may not always be applicable; it may just be a soliloquy of regrets reflecting the speaker’s own failures.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the fact that things didn’t “turn out like they were supposed to” does not mean that, of the dreams before, everything has to be abandoned.

OPM Disability Retirement is merely a means to an end; it is, for the time being a means in order to focus upon one’s health and well being, in order to prepare for a future beyond today’s sorrows.  Federal Disability Retirement benefits allows for a person to gain some semblance of financial security in order to get back to good health, and to allow for the past tense to return one to the third person singular in the present tense — for dreams today, and not of dreams before.

Sincerely,

Robert R. MdGill, Esquire

 

OPM Medical Retirement Legal Representation: Coordination

Lack of it brings out the awkwardness of disjointedness; sometimes, it can be compensated by height or other attributes, but even then, it results in lack of efficiency, at best, and a danger to self or others at its worst.  Coordination is necessary not only for efficiency, but for effectiveness, as well.

Try and remember when you first began learning how to operate a motor vehicle: the need to coordinate one’s panorama of visual stimuli from all directions; judging the speed, distance and predictable behavior of other vehicles surrounding; of “putting it all together” in steering the vehicle, maintaining the proper speed, of determining the distance between yourself and other vehicles, how much pressure to exert upon the gas pedal and the brake pedal; and thank the stars that in modernity the “clutch” is no longer a common device on most vehicles, lest trying to get the car moving on a steep hill after the engine has stalled should again become the test of adulthood as it was for everyone in past generations.

Coordinating varying efforts, elements, components and the “thousand little things” that we now take for granted, was not such an insignificant encounter when we first learned to drive.  The simple task of adjusting the mirrors in coordination and in conjunction with the position of one’s seat was an exercise that once required thought and foresight, as one found it a bit more trying if you found out that you couldn’t see the other cars while traveling on a highway where speed limits were considered mere ornaments with irrelevant numbers on wooden posts to be summarily ignored.

Now, of course, everything is easy — coordination of all of the elements becomes a thoughtless exercise of taking things for granted.  For, with a push of a button, you can “reset” the previous coordinates already stored in the car’s computer memory bank.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may become necessary to begin preparing, formulating and filing an effective Federal Disability Retirement application for filing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It may, for many, seem like trying to learn how to drive all over again — of the need to coordinate all of the elements, including the medical reports, treatment records, office notes; of preparing a legal memorandum that is persuasive to OPM by pointing out how the medical evidence is supported by the legal precedents which have previously determined a successful outcome; of formulating the Applicant’s Statement of Disability in conjunction and in coordination with the medical evidence and legal argumentation following; and of coordinating all of the various evidentiary components that comprise the “Federal Disability Retirement Packet” that is to be submitted.

And like the driver who avoids the vehicle on the road that has the big-lettered sign saying, “Student Driver”, we all know that the reason why we steer clear of such vehicles is not because of the teacher accompanying the novice driver, but because of the lack of coordination that might ensue.

That is why consulting with an attorney who specializes in Federal Disability Retirement Law is an important component in preparing an effective Federal Disability Retirement case, because like the student driver just learning, it is the expert who teaches how to arrive safely from beginning-point A to destination B that coordinates the necessary operatic touch between stage and reality.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Struggles

It is a law of life, is it not?  To struggle; to always have to thrash about just to survive, whether in the world of employment, the world of self-control, the universe of just maintaining a semblance of sanity within a greater complex of madness we face each day?

And, indeed, that is the basis of most philosophical systems that have been posited – from the Ancients who posited permanence as opposed to constant flux (Parmenides and Heraclitus); of the tension between Forms and the world of appearances; of the universe of perspectives empowered between one’s spatial imposition of human categories as opposed to an objective reality that one can never reach (Kant); or merely reducing all philosophical problems to one of linguistic inconvenience (the British Empiricists); and on and on, the struggle to learn, to maintain, to survive.

Life is a constant struggle, and when once peace is attained, we then die, or at least retire to an old person’s home for the forgotten and the ignored.  Even the fairytales we read to our children begin with the struggle, then end with a world of make-believe; only, those types of endings don’t occur in “real life”, and so we have to explain to our children when they get older that, well…heh, heh, heh…it was all a lie – that, unlike the stories told, mom and I hate to tell you this, but the struggles in life never end.  There is no “happily-ever-after” after all.

Then, life brings about a medical condition – those pesky irritants that hopefully can be controlled or maintained with a pill or a stiff drink, but otherwise an indicator that either we are growing old or something in our bodies are trying to forewarn us of the future.  Then, the medical condition begins to magnify, exacerbate, and turn into that state of being “chronic”, and slowly, it begins to deteriorate and progressively impact how we feel, who we are, and what we can do.

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 employee from performing one or more of the essential elements of the Federal or Postal job, the recognition that life is a constancy of struggles is nothing new; but, what is new is the realization that such a struggle now can become worsened by entering into arenas previously held inviolable – of work and the productivity that was once taken for granted.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not a surrender to that constant struggle, but merely a change of direction and planning.  We all know that life is a constant struggle; sometimes, the struggle must be circumvented by moving onto the next phase of an ever-struggling life, and preparing, formulating and filing an effective Federal Disability Retirement application to be filed with OPM is that next phase of the constant struggle.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Death of the metaphor

Metaphors and analogies are how we communicate; without them, it is the mere drone of sounds emitted, and even if without the directness of a simile where we place the comparison of two or more differing entities and connect with the word “like”, it is the only means of striving to reach a greater understanding of the world around.

The death of the metaphor is a certainty.  Modern technology has eviscerated the capacity of human beings to remain curious; and curiosity is not what killed the cat, but allowed it to remain a force in evolutionary stages of increasing survival instincts, as the trait of the inquisitive allows for greater mastery of the universe.  Smart phones allow for a person to defer memorization; computers deaden the natural instinct for query; and technology in general denies the relevance of a metaphor precisely because we need not struggle to explain – the machines do all of the explaining for us.

The death of the metaphor means the rise of the deadened soul, and suppression of everything that was uniquely human.  Would Shakespeare have survived in this day and age, or the complexity of language allowed for such subtleties of linguistic shades of meaning?

For the Federal employee or U.S. Postal worker who is suffering 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 the Federal or Postal employee’s job duties, the need to employ metaphors still exists, as the U.S. Office of Personnel Management – the Federal agency that makes a determination on all Federal Disability Retirement applications – must still be persuaded by argumentation and logical sequencing of thought processes.

Yes, the death of the metaphor is imminent and inevitable, but in the greater corners of administrative law, the metaphor, the simile, the analogy that persuades must yet be utilized in order to make effective a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Gov. Employment: Degree versus knowledge

Does a degree hold as much worth, if everyone possesses one?  Why are the economics of supply and demand not attached to degrees conferred by so-called institutions of “higher learning”?  Is the degree conferred of value because of the opportunities granted by the elevated status, or by the knowledge gained and imparted?  Or is the disjunctive bifurcation into universes of counterparts, between diploma represented as opposed to a jewelry box of wisdom, an offer of false alternatives, when some may indeed gain knowledge as well as certification in completion of courses advanced?

If everything is nothing, and nothing constitutes the combined aggregate of everything, can a distinction with a difference be proffered?  So, if everyone has gone to college, and the conferring of a degree is disseminated to all, has nothing been gained by the accessibility to everything?  It is, of course, best represented by Cordelia in Shakespeare’s Tragedy, King Lear, where he responds to the hesitant daughter, “Nothing will come of nothing”, and entreats her to further to expound by extravagant and flowery profusion of meaningless trope; or would it have been meaningless?

The silence which ensues between the cacophony of emotions in the short scene is painful and agonizing.  The old king whose feelings have been devastated; the insincere showering of expressed flattery by his other daughters; the pauses and elongated silences between entreaty and loss of words; for, it is ultimately that wide expanse and abyss between the words fabricated and the intent revealed, which formalizes the fate of a person’s soul and destined catastrophe.

It is the identical nature of a degree versus knowledge, and there are multiple parallels and counterparts of such contending artifices of conceptual constructs enamored; of silence versus quietude; of peace which merely poses as a veil for a ceasefire.  Knowledge is what is lacking in a society that promotes glitter, padded resume and degrees dispensed with abandon and devalued wisdom.

There are exceptions, however, and the pragmatic cynic will counter with:  Would you allow an individual without a medical degree to perform surgery upon a vital organ?  The answer, of course, is an unqualified “no”.  And that is why, in a Federal Disability Retirement application, the case-law conferred and rendered by Administrative Law Judges at the U.S. Merit Systems Protection Board have consistently held that a treating doctor possesses the greater credibility in formulating an effective Federal Disability Retirement application in a Federal Disability Retirement case, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, like the issue surrounding the distinction between “degree” versus “knowledge”, the medical doctor who has never treated a particular patient, but who certifies that the Federal or Postal worker is unable to perform one or more of the essential elements of the Federal or Postal employee’s positional duties, is likened to a person who wears the formalities of credentials, but lacks the individualized knowledge elevated to the heightened ascendency to wisdom, representing the doctor who has had multiple clinical encounters and can determine the capacity and capabilities of the Federal Disability Retirement applicant with confidence paralleling the man of knowledge who may lack a degree, but never fails to notice the pitfalls present on the pathway to an unlit gaze upon the heavenly stars of folly.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: When and what to file

In preparing an application for Federal Disability Retirement, multiple standard government forms must be completed.  As most Federal employees and U.S. Postal workers are under the “FERS” system (an acronym for “Federal Employees Retirement System”) as opposed to the older system of CSRS (standing for, “Civil Service Retirement System”), the applicable forms are comprised of two (2) “sets”:  The SF 3107 Series (encompassing the basic forms needed to apply for “immediate retirement”, which is part of the process of filing for Federal Disability Retirement) and the SF 3112 Series (which includes the Applicant’s Statement of Disability – SF 3112A; the Supervisor’s Statement – SF 3112B ; and the Agency’s efforts for Reassignment and Accommodation form – SF 3112D).

Both sets of forms must be completed, and it is essential that the applicant understands the complexity, involvement and onerous nature of each form, before engaging in the process of preparing, formulating and filing an effective Federal Disability Retirement application.  All such forms – once completed – need to be “filed” with the appropriate agency, and this becomes somewhat tricky.

To understand the administrative process of the entire procedural phenomenon, we need to begin with the oversight of some statutory principles.  First, all Federal Disability Retirement applications must be filed with the U.S. Office of Personnel Management within one (1) year of being separated from the Federal Agency or the U.S. Postal Service.  But there are “sub-parts” to such a Statute of Limitations (so named because it limits the ability of a Federal or Postal employee from filing a Federal Disability Retirement application if one goes past the 1-year deadline).

The first “subpart” concerns the initial 31 days after separation from Federal Service.  If you, as a Federal employee or U.S. Postal employee, have been separated, but not for more than thirty one (31) days, then you should still file through your agency’s Human Resource Office or the H.R. Shared Service Office of the U.S. Postal Service, located in Greensboro, North Carolina.  As a practical matter, if the time of separation is approaching the 31st day, you should probably just wait until after the 31-day period, and instead file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania – which brings us to the second “subpart” concerning separation from Federal Service or the U.S. Postal Service:  If you have been separated for over 31 days from the Federal Agency or the U.S. Postal Service, then you are required to file your Federal Disability Retirement application directly to the U.S. Office of Personnel Management in Boyers, Pennsylvania.

Likely, if you have been separated from the Federal Agency or the U.S. Postal Service, the U.S. Office of Personnel Management in Boyers, Pennsylvania will request your SF 50 or PS Form 50, which is evidence of the actual separation from your Federal Agency (now former) or the U.S. Postal Service; but even if your former Agency or the U.S. Postal Service has not yet issued you such a form, indicating the formal separation from Federal Service, you should always make sure that you file your Federal Disability Retirement application before the 1-year Statute of Limitations has expired.

Beyond these “fundamentals” of when and what to file, are substantive and procedural issues which are too complex to extrapolate in a limited forum.  To further understand the intricacies, you as a Federal or Postal employee, if considering preparing, formulating and filing for Federal Disability Retirement benefits, should either exhaustively research the statutory or case-law background in preparing your Federal or Postal Disability Retirement application, or consult an attorney who is knowledgeable about issues concering the proper preparation, formulation and filing of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire