Tag Archives: owcp feca denied

Federal Medical Retirement Law: Impotent Perplexities

We live in a time of perplexities, and where we stare paralyzed with inaction, unable to move, incapable of solving, impotent to act.  “It is too complex”; “It’s not my problem”; “It’s outside of my department”; “Let those who created the problem be responsible for the solution”, etc.

We have come to think that words alone can move the world; and so people spend hours upon countless hours on computers, Smartphones, social media, etc., and stare at a blank slate and believe that by pushing buttons, some modicum of differences can be implemented.

Then, when nothing happens, nothing changes, nothing moves — in a word, perplexities abound and impotence dominates — we become paralyzed with a question mark: Why did nothing happen?  And so we become ensconced within the insularity of our linguistic conundrums, forever impotent in our perplexities, eternally paralyzed by our own inability to find our way out from the maze of our own making.

Medical conditions can result in the paralysis of impotent perplexities; for, in the end, many medical conditions remain as perplexities themselves within the very medical community which declares science as the pinnacle of human achievement.

Furthermore, for Federal employees and Postal Service workers, here is another perplexity which may confound you: How do you maneuver through the Leviathan of bureaucracies like that of the U.S. Office of Personnel Management?

Consider hiring an attorney who specializes in Federal Disability Retirement Law, and have an advocate who knows the ins and outs of maneuvering through the impotent perplexities of a confounding bureaucracy in preparing, formulating, filing and getting an approval of a Federal Disability Retirement application under FERS.

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 Medical Disability Retirement under FERS: Smart People

They are all around us.  The ones who claim to be often are not; the ones who are identified by others as such often think too highly of themselves, so that their own opinions of themselves have undermined the very ascription of the identifying feature; and those who really are seem to be taken in with the self-identification, and have become aloof, arrogant and overwhelmed by self-importance.

Being smart is one thing; being smart and possessing other attributes — like kindness, empathy, having a conscience or just showing a concern for others — is quite another.  Humility is a character trait which is fast disappearing in this world.  These days, being “smart” carries very little significance, as there appear to be smart people everywhere.

Perhaps you are smart.  Perhaps you are surrounded by smart people.  That is well and good.  But for the Federal employee or U.S. Postal worker who begins to 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 his or her job, being smart and being surrounded by smart people becomes less of a factor in life.

Life is a matter of proper perspectives.  Being smart in the face of deteriorating health grants you nothing extra, and when you need to file for Federal Disability Retirement benefits, you will likely find that your Agency or Postal facility — which are filled with smart people — are also some of the meanest and self-centered people you have ever met.

Call a Federal Disability Retirement Lawyer and dispel the notion that being “smart” is what is important; there are, to be sure, more important attributes to consider.

Sincerely,

Robert R. McGill, Esquire

 

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 an illness or injury such that this 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
FERS Medical Disability Attorney

 

OPM Retirement for Mental or Physical Incapacity: Responsibility

What is it about the ascription of such a word, that there can be a direct correlation or, if taken in a different context, some mere connection but no causality?  We can say of a person, “He is responsible for X”, and yet never have directly encountered X or (if a person) never even have met X.

Thus of monsters and thugs throughout history, for instance, we might say that “Stalin was responsible for 20 million deaths, at least,” or that Mao was “responsible” for a 100 million peasants dying during the late 50s; or, of course, of ascribing to Hitler the countless millions; and, so that we don’t leave out other “responsible” monsters of history, of Pol Pot, Idi Amin and many others besides, though we cannot link a causality that would pass Hume’s skeptical test of anything more than events following one upon another, we nevertheless accept that all such political figures were “responsible” for the deaths of millions.

What is the criteria in coming to such a conclusion?  Is it a negative proposition — that if X had the power or position to prevent such events from occurring, then Responsibility-Y can be ascribed?  Or must it be a positive declaration: If X engaged in Acts A, B and C, then Responsibility-Y can be attributable to Individual-W; and further, if only Acts A & B, but not C, then less so; and if only Act A, but not B & C, even less so?

Responsibility”, of course, is a malleable and transitive concept; it can change with the contextual winds of opinion, historical perspective and a cultural shift of viewpoints.  Look at how we approach our Founding Fathers — of responsibility for the slave issue in the United States, but somehow excusing each if (A) any one of them willed that they would be freed upon their deaths, (B) that one was “personally” against the issue but for economic, practical reasons were “forced” to go along or (C) they treated them “kindly” and “responsibly” (here, we have a double-meaning of the term, for such an individual was both “responsible” as well as being ascribed the “responsibility” of being a slave owner).

Or, look at the manner in which America treated Native Americans — of a genocidal history no less cruel than Mao’s starvation of the peasantry; and yet, because of such grand concepts as “manifest destiny” and the depiction of an entire populace as “uncivilized”, we can avert “responsibility” by distancing the causal agents; and the greater distance between the agents, the less we ascribe responsibility.

On a lesser scale, what about work?  If work suffers and there is no reason for it but laziness and lack of attention, we ascribe “responsibility”.  But what if a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties — is that Federal or Postal employee “responsible”?

The short answer is a “no” — and that is recognized by “the Law”, in statutes, regulations and case-laws cumulatively aggregated under the conceptual aegis of “Federal Disability Retirement Law”.  It is precisely because society recognizes that a medical condition itself — and not the individual — is directly responsible for one’s inability to perform one or more of the essential elements of one’s positional duties, that Federal disability retirement exists as a benefit to pursue.

But it cannot be accessed until and unless there is an affirmative step taken by the Federal or Postal employee, by preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  That is where “responsibility” comes into play as a direct causal link — of initiating the steps and actually filing.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The dullness of creative lack

Have you ever observed the child who takes a stick and imagines himself/herself (we are trying to maintain the decorum of political correctness, here, by including all genders, because the implication otherwise in using a reflexive pronoun identifying a specific population apparently denotes that excluding the other half-or-so of the world’s inhabitants is discriminatory and an engagement of possible malfeasance, which we would not want to be charged with) emboldened by a weapon in hand and being the hero of an imaginary battle, invincible to a fault, brave without being arrogant, and making garbled sounds of whizzing bullets and fantastical feats of being wounded but with tenacity of self-will, capturing the enemy fort, being generous to those unfortunate prisoners of war and conquering singlehandedly a page in the history of unbounded heroism?

Contrast that depicted slice of imagination, to the child who is given every expensive toy and accouterments available on Amazon – the superhero wardrobe with cape; a replica of a life-like weapon; plastic hand grenades; and whatever other appendages that replace the creativity of one’s imagination – even of sound-effects emitted, downloaded on one’s cellphone placed in the utility belt worn by the kid; suddenly, it is mere motions that the child goes through, while all of the trappings have been satisfied even before the fun began.

That is what we do, isn’t it, as parents who believe that we were deprived in our own childhoods?  We gave everything, not knowing that by doing so, we took away the most important piece of the proverbial puzzle.  It is the puzzle of the dullness of creative lack; the less we had, the more we had to compensate and greater the reward in cognitive activity; and the more we gave, the less the child had to provide his or her creative input, thereby diminishing the soul’s inner force of imagination, resulting in the negative consequence in the dullness of creative lack.

That which we are given that undermines creative energy, we submit with the lazy side of human nature; and as inactivity and inertia results in atrophy, so gifts unsolicited in overabundance of generosity can actually harm in the ignorance of thoughtless plenitude.  And so we often find ourselves in the rut of daily monotony, on that treadmill of constancy even when we know we are destroying ourselves.  Children, in their innocence, don’t realize the harm; adults, too, but not in innocence but cynicism of life’s callouses, forge ahead even if they do recognize the harm.

Isn’t that what the Federal employee or U.S. Postal worker who persists in the self-immolation of continuing a Federal or Postal career, is actually doing?  For the Federal employee or U.S. Postal worker who suffers 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 the Federal or Postal position, it is often the reality of the harm perpetrated by continuing in the Federal or Postal position that prompts, compels, and finally necessitates the preparation, formulation and filing of 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.

Going down the road of Federal Disability Retirement is often considered a major decision and a giant leap in one’s life, but it certainly does not portend of a dullness of creative lack to consider its resulting benefits.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal Employees: The compromised life

We all make them, though we deny it.  Iconoclasts scorn it; the extremes of either side scoff at it; and, in the end, it reflects the reality of who we are, how we live, and by what vaunted principles we purportedly possess.

On a theoretical level, it is easy to remain the stalwart – that singular entity standing on principle and commitment.  The one who has never experienced war – to express beliefs of “courage”, “unwavering loyalty” and blind bravery declared in wrappings of the flag and national identity.  Or of fidelity and traditional values despite personal shortcomings of multiple marital infidelities and 3 or 4 marriages, with the devastation of a trail of longing children with a hole in each heart, wishing that principles could be exchanged for a single memory of playing catch on a summer’s day.

If you are sequestered whether by wealth or capacity to ignore, it is easy to shout out principles; but, then, when the test of life intrudes, the failings of reality reconstitute an extraordinary hypothetical into a quivering crumbling of an ordinary person.

Ordinariness is certainly rarely looked upon as the paradigm to follow, and the argument often goes:  You never want to dumb down deviancy (Moynihan’s famous phrase extrapolated from a generation or two ago, lost forever by events of social and cultural turmoil hence), and so, even if no one actually lives like the pinnacle of beautiful thoughts and voices stated by writers, essayists and politicians (who themselves bifurcate “personal conduct” from the espoused rhetoric emitted from hollow mouths with a dead-panned look of seriousness), the common masses are admonished by rebukes of being responsible for the “cultural rot” that dissipates throughout.

Reality has a way of compromising the apex of beautiful words, paragraphs, pages and entire narratives of a singular life.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may be preventing the Federal or Postal worker from being able to perform all of the essential elements of the position occupied, the concept of a compromised life is now a reality.  For, the sequential perspective of what is expected – of continuing until retirement age a career fulfilled, with regular promotions and deserved merit pay – may need to be ‘adjusted’ in accordance with the reality of life’s impositions.

Having a compromised life and accepting the compromises of life’s misgivings is not a sin, nor a diminution of one’s principled belief-system; instead, in preparing, formulating and filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, it is merely a recognition that theoretical foundations were always meant to be modified, and those speechifying vanguards of social commentators never meant the fulfillment of their own words, anyway, and it was always the compromised life that reflected the reality of the boorish insistence that we were angels and gods unknown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Messy lives

In those Eisenhower years with residual trails into the following decade, we had those perfect television paradigms – of “Leave it to Beaver”, “Father knows best” and “My Three Sons”, while the world around began its transformational process.

Hollywood decided much later that they needed to be at the forefront, leading social change and forcing cultural avant-garde transitions even if merely experimental and questionable for any positive good.  That decision is in stark contrast to the turmoil of the 1960s and 70s, where the staid and stodgy traditionalism of television series barely reflected the reality of the deconstructionism occurring in real time.

Somehow, those old sitcoms provided a paradigm of perfect lives and traditionalism that secured hope for the rest of us; for, the reality is that, like Dutch’s childhood and the rest of us, we grew up with messy lives, and paid the price for the rest of time to try and correct it and match it as against the paradigms of a reality that never was.

Medieval theological arguments always include the notion that, we would never have an idea of perfection unless there was some entity in the objective world that matched such a concept.  It is merely an extension of Plato’s argument for Forms, where the particulars in the physical world are mere imperfections striving to compare to the ultimate conceptual constructs of inviolable Forms.

That is often the problem with comparisons and arguments by extension; they make of our lives unsatisfying, precisely because we can never meet the expectations of others, let alone those we construct in our own minds.  That is why medical conditions can be so insidious; we possess and carry around with us those Platonic Forms of perfection, and when the reality of a medical condition prevents us from completing the career, the project, the lives we believe we were meant to live, the dispossessing trauma of realizing that we fell short results in a despondency because we set up paradigms of expectations that never were.

The question often left unanswered is:  What are the values involved?  What do we believe in?  What constitutes reality, as opposed to a fantasy based upon unrealistic expectations?  Isn’t “health” the priority of life?

If so, preparing an effective Federal Disability Retirement application by Federal employees and U.S. Postal workers when a medical condition begins to prevent the Federal or Postal worker from performing the essential elements of one’s position, is the next logical step based in a reality-basis of an imperfect life.

Whether under FERS, CSRS or CSRS Offset, the fact that medical conditions further add to messy lives is no matter; we all have messy lives, and whatever fantasies we held on to when we enjoyed those old favorites, ignoring the problem never solved anything, and perfection should always be left to Platonic Forms in the dialogues of angels whispering among the heavenly orbs that remain hidden in the esoteric pages of those theological arguments long shelved in the monasteries of libraries long forgotten in the dusty bins of rotting books.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement under FERS or CSRS: Clueless

We are, for the most part, clueless in most things.  Those very limited subjects of which we are deemed an “expert” or having some partial knowledge about, are merely one in a million, and so we walk around thinking highly of ourselves, yet clueless in 99.9% of everything else.

Fortunately, there is no criminal statute that can be imposed upon being clueless.  Life is complex enough without having to acknowledge that we walk about without any real idea as to how to tackle the problems; but as braggadocio wins the day for most people, most of the time, so long as the next guy believes that we know what we are doing, it counts for much of life’s conundrums.

Most people aren’t even barely competent in their chosen fields until they have been engulfed in the technicalities presented for 20 – 30 years; then, just when competence is assured, we are fired or otherwise dismissed summarily.  Knowledge and wisdom in this country is never valued; rather, the cult of youth, plastic surgery to extend the appearance of it, and the irrelevance reflected in casting aside those who have passed the halfway mark reveals much about this society.

That’s the problem with Federal agencies and the U.S. Postal Service; they believe that Federal employees and U.S. Postal workers are essentially fungible goods, replaceable with youth or some other inexperienced and clueless individual.  Look at the entire issue of “accommodations” and Federal Disability Retirement law; agencies rarely put in the effort, other than a simple computer search to try and do a “match” between skill-sets and position descriptions (sort of like a corollary to internet dating sites), and the entire process and procedure reveals much about the value that Federal agencies and U.S. Postal workers place upon experience and wisdom.

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 questions surrounding SF 3112D and the Agency’s efforts to reassign or otherwise “accommodate” the Federal or Postal employee’s medical disabilities, is a rather complex issue to explain in full.

Suffice it to say, however, that a truly viable, legally-acceptable accommodation rarely, if ever, happens, and therefore is almost never a roadblock to filing an effective Federal Disability Retirement application.  It is just another indication of how clueless even the Federal Agencies are, as well as the U.S. Postal Service; and as we all step into the general cauldron of cluelessness within the confines of a clueless universe, preparing an effective Federal Disability Retirement application can serve to be an escape into the next phase of a clueless process.

Sincerely,

Robert R. McGill, Esquire