FERS Disability Retirement Law: In Anticipation Of…

Why do we chop and stack wood months before winter’s first blade of frost?  Why are drunk drivers arrested before they have committed any crime?  Why do we purchase life or health insurance before the contingent event has occurred, potentially throwing away hundreds of thousands of dollars on a bet which we will likely never win?

Are such actions engaged out of fear, or out of anticipatory logic based upon a rational thought process of, “What if?”  Do species aside from our own engage in anticipatory actions?

The dog who anticipates his master’s return home at the same time each day; the birds who come each season to the gardener who fills the feeder in the springtime of bursting growth; the geese who fly south; the butterflies that travel the seasonal changes — are they any less “logical” than our supposed “higher-level” reasonings?

For Federal employees and U.S. Postal workers who are beginning to prepare an effective OPM Disability Retirement application in anticipation of what will ultimately result from an ongoing, deteriorating medical condition, the arguments proffered by the U.S. Office of Personnel Management are often along the lines of: But you aren’t there, yet.  Your agency says that you have been doing a great job — look at your past performance ratings!  Yes, but….

Contact an OPM Disability Retirement Lawyer to discuss how to rebut those argument which OPM makes in anticipation of…

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.

 

Medical Retirement Benefits for US Government Employees: Managing

It is the present participle of the verb, to manage; but, then, who takes into account these days as to the grammatical application of a term?

It infers the successful control and direction of others (as in a supervisor “managing a group of employees in a project”), or of one’s self (as in the response to the question, “How are you doing”? The reply: “Oh, I am managing.”).

But the word has also come to have a negative inference — for, in contrast to “thriving” or “excelling”, it confers upon the subject the idea that one is in a state of mere existence or survival; of maintaining the status quo and stuck in a chronic purgatory.  To merely be “managing” is not the same as growing; it is, rather, like the football team that is continuing to “manage” a lead while the opponent is slowly making a comeback.

For Federal employees and U.S. Postal workers who are merely managing to stay employed, the problem comes when the Agency begins to initiate a “Performance Improvement Plan” (a “PIP”) or, worse, prepares a notice of removal because of excessive absences or other issues.  “Managing” is not the same as thriving.

Contact a disability attorney who specializes in Federal Disability Retirement Law and begin the process of moving forward as opposed to staying in place and merely “managing” a medical condition and its consequences upon one’s ability and capacity to remain employed.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement: Life as a Series of Problems

There are television series; of “mini-series”; of a series of movie episodes once popularity of the first viewing has established the call for a following.

In television and theatrical drama, there has to be an opportunity for “character development” — of getting to “know” a person, of seeing him or her in various contexts in order to determine “who” a person is by what they do, how they react and the very essence of their belief-systems.  Rarely is a play, a story or a novel of any interest when it involves a person or multiple individuals sitting around expounding upon their beliefs or “principles” of life, and why is that?  Is it because a person who talks without being tested can offer nothing more than the sound of air?

The movie of life always presents us with a series of problems; that is what makes a good story, of course — of conflicts, their resolution; the way in which individuals are “tested”, and not merely by hypothetical presentations of analytical problem-solving gestures.

Medical conditions — whether later in life or occurring earlier— always present a challenge that tests a person in so many ways, precisely because medical issues hit at the core of everything about a person: How we see ourselves; what we are able to do; where we go and seek guidance and counsel; and all of the multitude of reverberating effects upon so many varied aspects of our lives.

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 a Federal Disability Retirement application under FERS is just one of life’s series of problems.

It is never a guarantee; it is never a “sure thing”; and as OPM appears to be denying more FERS Disability Retirement cases under this Administration than ever before, it is important to prepare and formulate a plan for a Federal Disability Retirement application and to recognize it as another slice of life’s problems in a series of such problems.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Shedding

It is nature’s way of getting rid of the old and replacing it with the new.  Sometimes, however, nature is slow in its processes and the environment surrounding doesn’t quite keep pace with the steady progress of unresponsive mechanisms — as in the horse’s winter coat that remains for weeks despite the sudden heat wave that overtakes the region.

There is the shedding brush that is often used for dogs and horses; the circular metal implement hastens the stubborn fur and hairs that remain despite the blazing heat wave that comes suddenly upon us; but perhaps nature is more attuned towards experiences in the vicissitudes of weather, waiting patiently, biding its time with a knowing smile that wintry days of the residue of cold and cool temperatures may yet follow upon a week of unseasonably warm temperatures, and maybe that’s why the unshed fur and follicles that remain are still clinging yet in order to make sure that summer is the real summer to stay, as opposed to those Indian summer days that wax and wane.

We are impatient in our response to the environment.  We want to rush ahead despite all of the warnings and signals that Nature lays before us — and so the stubborn clumps of winter coats cling desperately against the shedding brush that shears too soon.  It is our way of subverting nature regardless of what Nature is trying to tell us.  That is often what a medical condition does as well — of pain signaling our pace of recovery; of anxiety foretelling that it is too soon to return to the environment of stress; of nightmares and insomnia warning by expiating foreboding images within a stress-filled condition of life.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition is preventing you from performing one or more of the essential elements of your Federal or Postal job, it may be time to begin shedding those factors which are contributing to your worsening health.

Perhaps the job was not the originating basis or reason for your medical condition; and, perhaps your Federal or Postal career was once a significant factor in your daily motivation to continue to strive each day.  However, when a medical condition becomes exacerbated by the very elements of the job, or there exists an inconsistency between your cognitive or physical capacity to perform all of the essential elements of the job, then it may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.

Shedding is nature’s way of adapting to a changing environment; shedding is also an artificial means of recognizing the necessity for change, and when a medical condition is no longer consistent with the positional elements of a Federal or Postal job, it is time to consider shedding the job itself in order to regain the health that is nature’s priority, as it should be for you.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Disability Retirement: The Happy Warrior

The linguistic implications are multiple and rich in historical nuances, derived not merely from the combination of words but because of images from the past and residual connotations not always agreed upon but nevertheless trailing like appendages holding on for dear life to a departing conveyor of thoughts, ideas and characters.

It evokes caricatures of contrasting conditions of smiling in the face of adversity; of taking on opponents on the proverbial field of battle despite unwinnable odds, yet with an optimism unable to be undermined; and evocative shadows of withdrawn faces, like the peek behind the kabuki painted cosmetics and the space between the flesh and the Noh mask, that moment when doubt is surely to surface and a moment of realization comes about.  Behind closed doors, does “The Happy Warrior” truly smile, or is there hesitation resurfacing, but not for public consumption?

We honor and value that smiling face in the contest of adversities not our own, and disdain and discard upon the garbage heap of history those who disappoint and destroy our carefully crafted image of the warrior who reveals the felt pain and the loss of control of fear and doubt.  Perhaps it is because we ourselves can only maintain one-half of the equation, and the perfect balance between the “happy” side of yin-yang combination, in contrast to the “warrior” component, leaves us empty and without courage.

For Federal employees and U.S. Postal workers who must daily put on the impassive Noh mask in order to counter the Federal agency or the U.S. Postal Service in contending with adversity because of a medical condition, the recognition that in Noh theatre it is expected that as shadows change and perspectives alter, the expression of the Noh mask adapts and reveals character and substance beyond the original intent, may be of some comfort.

The legend of the happy warrior is just that — a residue of days past when history with its feeble memory forgot the tears shed when the transference of the reality of blood and guts to the paper description of battle and fury became lost in the mediocrity of words and wordsmiths.  Life is sometimes too real for even reality to bear.

For the Federal or Postal employee who suffers from a medical condition, whether psychiatric, physical, or a combination of both, the daily requirement of showing “happiness” despite pain and deteriorating health, and to maintain that armor of a “warrior”, can and does come to a point of irrefutable untenability.

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, is never a surrender to one side or the other of the unfair equation beset by a societal image of who we are, what we are supposed to be, or where we are meant to go.  Instead, the simple formula for the first half of the combination is:  Take care of one’s health first, and let the rest and residue scatter to cubbyholes in faraway places.

And once that has been taken care of, the second half:  Prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, precisely because one’s health is paramount in this progressively uncaring universe, and attaining a level of restorative health can only become a reality when once the armor which protected begins to show the chinks of time and deterioration, and where the component of “happy” can no longer stand alongside the “warrior” within, and it is time to move on to another day, a greater battle, and a more winnable war.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law Blog: The Trifecta

The bet must be precise.   Thus, it needs to be based upon extensive research, a knowledge of each of the elements, the circumstances surrounding the process; the quality of the expected environment; whether intersecting conditions will interrupt or influence; what other unforeseen confluence of intercessions may develop.  The finishers must be predicted in sequential order.  The trifecta is therefore a management of time, knowledge, expertise and sprinkled with a bit of luck extracted from the cauldron of a witch’s brew.

Federal Disability Retirement is somewhat akin to the trifecta.  Extensive research, a knowledge of the elements to be proposed, and a delineation based upon the compilation of another trifecta — the medical evidence; the statement of disability; and the legal argumentation — must be brought together into a confluence of coordinated and comprehensive consolidation of cogency.

Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, however, should not be based upon a spurious bet.  And, unlike the trifecta, a semblance of certainty should enter into the equation, such that the sequence of delineated data should compel the OPM reviewer to declare unequivocally and with unconcerned eloquence, “Of course!’ — and grant an immediate approval of the Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire