Disability Retirement for Federal Employees: The Cadence of Life

We all “have” one, or at least sense it; and when we do not, it means that the tune to which we march is so coordinated that we don’t even realize that there is one; for, it is only when the song is “out of tune” or the marching footsteps are out of sync that it becomes apparent that the cadence of life is left askew.

There are days when the cadence of life is so perfectly attuned that we need not pause to consider it; then, there are other days when everything is out of tune — when the feet trip over one another, the dexterity of hands become all thumbs and nothing seems to work and the cadence of life has been disrupted.  Most days are somewhere in between upon the spectrum of daily living — of being in tune most of the time but with disruptions and pauses; “pregnant pauses”, at that, which make for embarrassment and disjointed agonies of trepidation and concern.

We say things like, “I feel out-of-sorts” or perhaps a slight cold or “bug” has infected us; but whatever the cause, we know that we must get back into the step of things and march along with the rest of the crowd, lest the band leave us and the quietude of isolation engulfs us with a fear of loneliness.

Medical conditions — whether of illness or injury — can likewise disrupt the cadence of life, and 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, filing for FERS Disability Retirement benefits — to be ultimately submitted to the U.S. Office of Personnel Management — is one step towards regaining that step to bring yourself in cadence with the cadence of life once lost, and now to be found.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: That bright star

We remember learning about the various constellations; and, these days, we are merely one “Google-away” from identifying that morning point of light that seems to shine so bright just over the horizon, and has moved since you first noticed it the evening before. Google ruins everything.  There was a time when discussions would last long into the night because memories failed us — who was that actor in Movie-such-and-such; what was the last line in so-and-so play; and what was the name of the character in that blah-blah television series?

We no longer need to remember; poems no longer require reciting from memory; facts and dates are accessible with the click of a button; arguments and discussions no longer are required because they can all be looked up at Wikipedia.

Yet, in the objective world, or in that universe where Kant bifurcated the subjective from the inaccessible objective universe, that bright star continues to shine, and no matter what Google says or Wikipedia posits, the mystery of time, the external universe and the fact that the bright star shining may already have disappeared eons ago and the idea that what we see is merely the residual aftereffects just reaching one’s pupils within an universe that fails to betray such mysteries of eternity, we can still enjoy the quietude of a pinhole of light within the darkness that surrounds.

And then there is the singular existence of a human being staring at that bright star in the morning silence even before the first bark of the neighborhood stirring.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent one’s ability or capacity to perform one’s Federal or Postal job, it is often that “feeling” one has in staring at the bright star — alone, isolated and apart from the rest of the universe — that makes one fearful of the world beyond.

Federal Agencies and the Postal Service tend to make the Federal or Postal employee feel isolated and alone when a medical condition begins to impact one’s life.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS can seem like a lonely prospect — somewhat akin to the feeling one gets when standing outside looking at that bright star.  That is why consulting with an Attorney who Specializes in Federal OPM Disability Retirement Law is an important step in pursing the benefit of Federal Disability Retirement: To know that the bright star is there, and that we are not alone to counter the troubles of this world.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Appeal: Second Opportunities

In life, how often do we get a “second opportunity”?  To correct a past mistake; to avoid the consequences of an error committed; to rekindle a damaged relationship; and other acts of revitalized and redemptive scenarios rarely allowed.

Second opportunities, and the rare third ones, allow for erasures to be made, modifications to be incorporated and additional, corrective information to be inserted.  Of the following, what would one think? “Oh, a mistake was made in the contract which goes against you, but not to worry, go ahead and make the changes and we can sign everything again as if … “ Or: “Oh, your rich aunt disinherited you after you called her that horrible name and in a drunken rage knocked her over the head with vase, but not to worry, she forgives you and has placed you back in her will.”

Those are, to be sure, instances of second opportunities, but rarely to be had and more likely to occur in fictionalized accounts of redemptive fantasies otherwise unpublished because of their unlikely occurrences.

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 “Second Opportunity” (and the “Third”) comes in the form of the Reconsideration Stage, and then an appeal to the U.S. Merit Systems Protection Board.

Don’t let such an opportunity for corrective action slip through the “proverbial fingers” by making the same mistake twice.  It is, at either the Reconsideration Stage or the appeal to the MSPB, an opportunity to fill in any gaps (whether merely perceived by OPM or substantively existing, it doesn’t really matter); and to reinforce any lack of medical evidence by having the opportunity to supplement, and even modify, statements made or omissions allowed.

Some OPM Disability Retirement cases may be weak in their very essence, whether because of lack of medical support or because of other reasons undefinable; other cases may simply need further development, explanation or supplemental evidence to “shore up” the unpersuasive peripheral issues that have appeared in the case.  Both the Reconsideration Stage, as well as the appeal to the U.S. Merit Systems Protection Board, open opportunities to resolve one’s case in one’s favor — by being granted the ultimate end and goal with an approval of one’s Federal Disability Retirement application.

The road to attain that goal, however, must sometimes travel through multiple doors and second opportunities, and that is how one should see the Second (Reconsideration) and Third (an appeal to the MSPB) Stages of the process in trying to get one’s OPM Disability Retirement application approved.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Universal Specialization

The world didn’t just become bifurcated over-night; it then shattered into a thousand universal parts, and each required a specialization where subsections of the primary subject became sliced into lesser wholes, the parts of smaller parts, until no one now knows how to do anything without the specialized aid of the specialist in the department of specialization.

The fractured world has become one of micro-competence, where once the jack-of-all-trades individual was needed in order to run a farm, feed a family, be a doctor to the animals, as well as work as a carpenter, plumber (oh, we forgot — outhouses were used back then, with nary a trace of indoor plumbing, so strike that), and the all-around “MacGyver” guy from the 1980s series where ordinary items were easily transformed into extraordinary problem-solving implements.

Overspecialization of a society leads to alienation; taken to the extreme, it makes into each of us incompetents to even turn on the faucet.  Marx would have been aghast — for, no longer is the assembly-line factory worker alienated from the work he or she works upon by not feeling the accomplishment of the “finished” product, but moreover, doesn’t even know the purpose beyond the 4 screws that are drilled into the monstrosity because of overspecialization.

Is the world a better place because we comprehend less of the pie that constitutes the whole, and is our knowledge of it any greater merely because dissemination of information is available via the Internet?  The two are somehow connected, are they not?

Somehow, there must be some mathematical formula involved, something akin to: The Greater the X, the Lesser the Y, when factors 1, 2 & 3 interface with exponential diminution of T minus Z. Complexity, in the end, often induces greater specialization, and unfortunately that is true in the field of Federal Disability Retirement Law.  “Local Lawyers” are rarely knowledgeable enough to represent Federal or Postal employees in an OPM Disability Retirement application.

The various Stages in the process of Federal Disability Retirement Law require precise and targeted responses; and for the Federal or Postal employee preparing to “put together” a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management under FERS, it is not the right time to be the “MacGyver” type of guy; it is best to consult with a Specialist in Federal Medical Retirement Law, and prepare well for the fractured road ahead where universal specialization is a necessity in a world where horse and buggy are no longer existent except on faraway farms in Pennsylvania or other scattered places where the Amish retain the “old ways”.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Keep Confidence

There can be a duality of meaning, or perhaps even a tripartite of understanding; for, to “keep confidence” can mean the protective blanket of not sharing information with others and maintaining a “confidentiality” of data; or, it can mean that one maintains a level of confidence — a surety of belief in a successful endeavor.  Or, perhaps even a third meaning which involves both: Maintaining confidentiality while secure in the belief of the endeavor involved, which is to work towards the goals agreed upon and progressing towards that goal, all the while maintaining the confidentiality that is explicitly and implicitly retained.

That is, in a nutshell, what an attorney-client relationship should be and continue to remain.  Thus, from the moment of an initial telephone consultation, the confidence that is kept should be twofold: Security of privacy so that the discussion can be forthright and without reservation; and, if the case is to go forward, the confidence in its eventual success.  Both components are essential for the successful outcome of an endeavor that may, at least initially, have some characteristics of trepidation and uncertainty.

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 the Federal or Postal job, the issue of confidentiality is exponentially magnified because of multiple elements that work against the Federal or Postal employee: An agency’s Human Resource Department that is known to “share” sensitive information; a decidedly weighted bias in favor of “management” or those in superior positions; medical issues that should be divulged only to those in strictly “must know” positions; and an extremely sensitive decision on the part of the Federal or Postal employee on matters of health, employment and one’s future.

Containment of confidences is important; keeping confidence in both senses becomes vital; and one thing that the potential client can be assured of: Anything spoken to or shared with this attorney in preparing, formulating and filing for Federal Disability Retirement benefits, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will always be maintained in order to “keep confidence”, in whatever manner of meaning the phrase may imply or express.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Priority of Me

The “Me Generation” has now passed, and it is no longer in vogue to focus upon the “Me, Me, Me” refrain that once permeated societal acceptance of the selfishness allowed.  There followed, in some quarters of social consciousness, a turning away from the “self” and instead focused upon empathy for others, service towards a selfless society, and a cohesion that was glued by a conscientious attitude of selfish disregard.

Except, of course, in the quiet workings of those more devious than the rest of us, it merely became a marketing tool in order to create greater wealth while declaring that it was for the greater good of society.

Thus did it become advertised that drinking a certain brand of coffee was “good for the world”, that buying certain products “helped the environment”, and driving certain vehicles cut down the pollutants and emissions in order to “save” the planet — all the while, those very same companies reaped profits and the people flew around spewing vast amounts of exhaust plumes into the blue skies above.

The fact is, the Priority of Me has never changed in this universe, ever since the first man or woman looked into the reflection posed from a placid lake or pond and saw that there was a “Me” distinct from a “You” or some other.  From that moment onwards, the Law of Self-Regard would take hold.  The “priority of me” has not changed; it is reflective of a society that constantly advertises cosmetic artifice and promotes youth, beauty and first impressions as the mainstay of relevant values.

Ultimately, one may ask, is there anything wrong with such an ordering of priorities?  If not me, then who?  If not you, then why not me?

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 is important to recognize that the priority of me extends to the Federal agency and the Postal facility throughout — for, once you divulge the fact that you intend to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, they begin to treat you as an “outsider” who can no longer benefit the “priority of me”.

Medical conditions necessitate a reordering of priorities, and it is important to make that “me” as a greater priority by focusing upon one’s health; but always remember that the “Me Generation” that purportedly had passed has, in fact, never disappeared, and the Federal Agency or the Postal Service will begin to systematically exclude you in favor of themselves — or, from their perspective, making themselves as the “Me Priority”.

No, the “Me Generation” never disappeared; instead, like a chameleon, they simply changed their appearances.

Sincerely,

Robert R. McGill, Esquire