OPM Disability Retirement Law: The Retrospective

There is a proportional increase as one experiences a greater linear accumulation; some would call it a heavier luggage to carry; others, of a more cynical nature, would term it as mere “baggage”.

The retrospective is engagement of looking back — of recounting memories or dealing with nightmares.  Human beings live in a state of constant turmoil based upon the past, the present and the future.  To be stuck in the past prevents the needed attendance to daily living; to disregard the past and merely live for “the moment”, is to repeat history’s mistakes and foibles; and to only live by greater angst for the future steals from experiencing the joy of today.

The retrospective is always a part of each of us; as we grow older, we tend to relate to things which have impacted us from the past; and so, to that extent, the retrospective is a necessary and natural, material part of our lives.  The key, however, is to resist the temptation of allowing the retrospective to dominate our lives as we grow older.

There is a natural inclination — a deliciousness, if you will — in letting the retrospective rule; for, whether of a trauma or of joyful memories, the retrospective as something which has already passed, is passive by definition and can no longer actively harm us.  Furthermore, it is important to have an objective, true view of the past, and not allow our imagination to warp or otherwise overstate the experiences of the past.

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 current job, it is important to provide a concise retrospective of one’s medical condition, but more importantly, to delineate the current impact.

As always, a balance must be achieved — of how the past is relevant; how the present is impacted; and in a Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management — how the medical condition will last a minimum of 12 months.

Thus, as with most concerns of life, the retrospective must be put in its proper perspective and context — of how far back; of how much; of what relevance; and it is in this balance of life that the retrospective can be invaluable in its present significance.

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.

 

Federal Employees Retirement System (FERS) Disability Retirement: Self-Help

It is a concept which is rooted in American individualism — of the ability and capacity to bring one’s self out from the problems created, whether the problems themselves stem from one’s self or by the actions of third parties, etc.

Self-Help books are published daily, and by popular demand and consumption.  Everyone loves the story of redemption, the prodigal son or the road to Damascus — take your pick, for each contains elements which can be abstracted beyond the inherent religiosity of their essence; although, as fewer people are familiar with the traditional texts of mainstream religions, the analogy hinted at may become of lesser relevance.

Nevertheless, the self-help methodology of storytelling all have a familiar pattern: Beginning with failure, struggling with life, coming up with a winning solution, and the outcome of a conclusion predictably positive: You, too, can follow the way of success.

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, self-help can take the form of filing an effective Federal Disability Retirement application under FERS.  The problem is that the U.S. Office of Personnel Management, as the “Gatekeeper” of all Federal Disability Retirement applications, is not there to help you help yourself.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and request the help that you may need in your effort to self-help out of the untenable situation of having a medical condition which no longer allows you to continue in your career.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Retirement Legal Representation: Advice

Advice is always a sensitive issue; when we sincerely seek it, it can be of extraordinary value; but when it comes out way without solicitation, the burden of doing something we wish to ignore or cast aside can lead to resentment and a fissure erupting in an otherwise close relationship.

It is often given freely but received reluctantly; and when it is good for us, we take it like the cod-liver oil we swallowed as children — acting as if it had a negative impact upon us, but privately cherishing the fact that someone cared enough to take the time to dispense it.  It is a difficult moment to come to a recognition that a need has arisen, or that a change has necessitated or prompted a different course of action.

We live with the unrealistic paradigm of individualism and self-reliance, and yet our bodies cannot last forever, our minds unable to resist the daily stresses and threads of pressure upon a withering psyche.

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, contact a FERS Disability Lawyer for advice.  It might not be the answer you are seeking, but it is always important to know what questions need to be asked.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement: The “I” of Tomorrow

The “I” of yesterday is not the same “I” of today, and the “I” of today is vastly different from the “I” which will walk about tomorrow. Of course, “vastly different” is a relative concept; others may not perceive the differences, and thus might say to a friend after an encounter, “Oh, that Harry — he’s always the same, isn’t he?” And yet, the cellular structures have altered; a full day’s experiences have been encountered; and in a person’s personal life, how and what do we know of the traumas incurred?

We judge based upon appearances; and it is appearances which Plato, Aristotle and the entire line of Western Philosophical approach has fought against, in order to get to the “essence” of things and “first principles” of all matters. Unless we see person in a cast or bandaged throughout, we presume that “good old Harry” is the same today as he was yesterday, the day before, and the day before that. Yet, the “I” — that insular self who engages in soliloquies unheard and asides undetected — is the only one who, beyond appearances to others, may have undergone transformational changes. Perhaps of a death in the family; of a love forsaken; of financial ruin or challenges; of a personal loss so traumatic that one wonders — upon learning about the tragedy — how “Harry could possible endure it”.

Medical conditions, as well, have a way of imposing alterations. Perhaps you hide it; you avoid it; you try and simply endure through it — until it comes to a point where you can no longer conceal the impact and effect of the medical condition itself.

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 all of the essential elements of one’s Federal or Postal job, it may be time to consider filing for FERS Disability Retirement benefits.

Consult with an attorney who specializes in FERS Disability Retirement Law and begin to learn about the complexity of the process in order to try and regain some of that “I” who used to be you before the medical condition began to overwhelm you, so that the “I” of tomorrow is a recognizable semblance of the “I” of today and yesterday.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Retirement Legal Representation: The peskiness of life

Somehow, like children and rats, or of mice and men, the peskiness of life continues to trail behind us.  We think that things are going well, and then suddenly we realize that the nagging peskiness of life’s challenges has once again come upon us.  We wonder when that period of nirvana will be reached; that goal that we allegedly strive for each day of our lives; when will it come to fruition?

Life is difficult, and it becomes all the more so because of the technology all around us that persuades, convinces and pulls the proverbial wool over our eyes by making us think that everyone else lives a life of perfection.

Yes, yes, we believe we are all so much more sophisticated than to be “taken in” by the lies of advertisements, instagram pictures and those ads that urgently scream at us to “Call Now!  Don’t miss the opportunity of a lifetime!”  But are we?  If we truly believe in the subconscious — and advertising agencies certainly do — why then would we discount the power of the subliminal message, the persuasive impact of repetition and the daunting images that haunt and pursue?

Movies and television programs tell us daily of the exciting lives of others; instagram photographs reveal that lives of perfection exist in all other households; Facebook postings establish that everyone but you live interesting lives; and the peskiness of life seems to just follow me and you, while the rest of the world merely splashes through the gaiety of life’s endless stream of summer laughs and winter’s avoidance of discontent where youth is never stretched beyond the smile of a springtime dream and old age never comes upon the drifting leaves of fall.

Then, of course, there is the medical condition that suddenly comes upon us — where peskiness of life becomes magnified by the reality of human frailty.

Fortunately, for Federal employees and U.S. Postal workers, there is the added benefit of a Federal Disability Retirement when that peskiness of life begins to prevent the Federal or Postal worker from performing one or more of the essential elements of the Federal job or the Postal craft.  Remember, however, that in formulating the Statement of Disability on SF 3112A, be careful in not including too many whines and groans about irrelevancies that do not focus upon the core of answering each question.

But, then, the questions themselves are quite tricky, are they not — showing further that even in trying to obtain a benefit that is part of one’s Federal career or Postal package of compensatory benefits, one must always take care in making sure that the peskiness of life — that bundle of problems that makes it seem like life is so simple and beautiful everywhere else but in your own corner — doesn’t finally defeat you by making the simple mistake of not consulting with an attorney before you proceed down a road that makes peskiness into a very real legal problem of greater proportions than it was ever intended.

Sincerely,

Robert R. McGill, Esquire

 

PM Retirement for Mental or Physical Incapacity: Those goals

What constitutes a worthwhile goal?  Is it determined by the outcome – i.e., a retrospective, outcome-based proposal, as opposed to the gambling one where one must enter into the dangerous waters not knowing what the future provides?  Are we so safely ensconced in life’s predictability such that we will not longer accept as a goal that which cannot be ascertained unless and until there is some guarantee?

Do people immediately criticize and diminish the stated goal by categorizing it as either “realistic” or “unrealistic”?  Is there a distinction with a difference between “dreams” and “goals”, where the former is unbounded and unfettered by the reality of expectations, whereas the latter must be confined to that which can be reasonably ascertained as achievable?

What of the child who “dreams” of becoming a major league baseball player – do we cite the statistical odds against it, even at the tender age of 5?  What if the child works diligently and shows some promise – daily exercises, practices at every aspect of the game, and joins this league or that and shows “promise” and “potential” – at what point do we advise him (or her) to give up and “become realistic”?

Are some dreams okay to retain and have despite any semblance of “reality” intervening to make them come true – like secretly wanting to be a novelist (even though not a single page, let alone one sentence, has been put on paper) or a pro basketball player (even if you are 5’ 3”, and certainly no Muggsy Bogues), just because it makes one “feel good” or allow for self-confidence by carrying a secretive self-image that one is not what one truly appears to be?

At what point do dreams become goals, and goals merely dreams?  Is it when you actually take a “concrete” step towards making a dream become a reality, that then you have a goal, because the latter is “achievable” while the former is not?  Or is it like that old Chinese proverb that Kennedy liked to recite (or was becoming a writer for John F. Kennedy merely a “dream” and that is why Ted Sorensen, his ghost writer, is the one who did all the writing that the former President merely dreamed about?), that a journey of a thousand miles begins with a single step?

Or, perhaps like the Federal or 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 one’s position with the Federal agency or the U.S. Postal Service, the goal is to become healthy again – or is it merely a dream?

Dream or goal, for the Federal or Postal worker trying to prepare an effective Federal Disability Retirement application, to be reviewed and determined by the U.S. Office of Personnel Management, like the potential baseball star or the best power forward in the business of pro basketball, the first step is the most important – of realizing dreams into goals, and goals into realistic dreams, whichever may be the case.

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 & Postal Disability Retirement: Purgatory Reverie

The state of the intermediate, the surreal loss of traction in suspended animation; of trying to jog on ice, or to reach a destination traveling on a treadmill; this is a sense one is left with in dealing with a juggernaut of a bureaucratic morass.

In this day of immediacy, where the instant satisfaction of wants and the now of gratifications is met and reinforced by the push of a key, the click of a mouse, and touch of a sensor; and as virtue is no longer looked upon as a necessary ingredient of character, but rather an irritating obstacle to a material goal, so patience cannot be wanting where fissures have widened to such an extent that chasms have created chaos.  Planning ahead is always the key to the timely confluence of achieving the stated goal.  And then some. And perhaps even to multiply the waiting time by a factor of 2.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal worker from performing one or more of the essential elements of one’s job, it is precisely that inherent self-contradiction of the constancy of being forever suspended, which gives rise to frustration and turmoil.

Much of it is in anticipation of what the Agency, or the U.S. Postal Service, will or will not do.  Will they initiate an adverse action during the process?  Will they approve the discretionary LWOP request?  Will they “support” the Federal Disability Retirement application, or attempt to undermine the procedural march towards OPM’s approval?

Waiting upon an agency is never a good idea; neither in deciding to move forward on a Federal Disability Retirement application, nor in trying to make an educated guess as to what the agency’s reaction would be (or, in dealing with one’s agency, is it an oxymoron to concurrently use the terms “educated” and “guess”?).  Agencies move at their own pace, and do what they want, when they want, as fiefdoms and totalitarian republics are decidedly meant to provoke.

It is never a good idea to make one’s decision concerning preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, by waiting upon an agency’s actions; for, the immediacy of ignorance may never come about, or suddenly be initiated yesterday; and as purgatory is in and of itself a reverie of angels suspended in timeless harpsichords of orchestrated serenity, so the ill Federal or injured Postal employee who thinks that it is a good idea to wait upon the Federal agency or the U.S. Postal Service before initiating a Federal Disability Retirement application, will of course remain lost in the long and winding road leading to the pearly gates of tomorrow.

Sincerely,

Robert R. McGill, Esquire