Disability Retirement for Federal Government Employees: “Starting”

It is always “new beginnings”, “new births”, “turning over a new leaf” and so many other faddish starts, stops, putters and “reset buttons”.  The “New Year” brings about a calendric initiation based upon geometrical calculations as to what constitutes the inception of a repetition we fail to understand.

Does nature care whether or not we impose upon it the cycle of restarting from the first day of the year, or does the natural world simply move on, year after year, impervious to the artifice of counting by a calendar that says that it is now a “new” year?  What does it mean to start something, to initiate, to begin to formulate and to prepare?  What is it about human beings the world over that beginning something “new”, of initiating based upon a calendar that tells us that the cycle of days will now repeat itself from the first square of life – why do we find that attractive?  Why is it considered “noble” and befitting of good character?

Resolutions to improve; changes for the new year; modifications to things previously performed “just because” it has “always been done that way” – starting something new, initiating a different approach, etc. – are they not an indicator that we can recognize mistakes and shortcomings and to realize the need for change?

Starting a Federal Disability Retirement application is like formulating a New Year’s resolution: It is first and foremost a recognition that change is warranted, and second, that unless the change comes about, the future will only deteriorate based upon the medical condition that progressively worsens.

Preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the first step in a realization that there is an incommensurate anomaly between the ongoing medical condition experienced and the type of work required by one’s Federal or Postal position, and it is therefore time to start considering a change in one’s present circumstances so that the future will accommodate the deteriorating medical condition.

“Starting” – that is what is needed, and the prompt of a “new year” based upon the reset button of health concerns is certainly as good a reason as any other to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The cluster of choices

Often, choices come in pairs, and the difficulty is in deciding between the binary alternatives offered.  Chocolate or vanilla?  Apple pie or cherry?  If taste were the sole determining factor, one can simply submit to the subliminal voices churning deep within the intestinal caverns of digestive tracts, and simply declare one as opposed to the other.  Of course, in such matters, one can “cheat”, and simply say to the host or hostess, “Oh, they both look so delicious, can I just have a small sliver of both?”

Why is it that if there are three or four to choose from, suddenly such a response shifts it into the category of gluttony, where people begin to look you up and down to see whether or not diet, exercise or lack of self-discipline is the problem?  Why is it, say, that there are various pies – apple, cherry, rhubarb and pumpkin, and you cannot choose between the four or more; is it okay to say at a dinner party, “Well, can I have a sliver of the apple and rhubarb”, but NOT to say, “Can I have a very small sliver of all four?” (or eight?) It is the cluster of choices that make for difficulties, almost in every sector of life.

Today, of course, the modernity of overload and the excessive, almost unlimited choices displayed, presented and given, makes for difficulties in the cognitive grey areas of the human mind.  Have human beings evolved sufficiently to be able to cope with such alternatives presented?

As a child, many decades ago, one remembers that the local “supermarket” merely had two, maybe three items on a shelf of any one product.  Ice cream shops had three or four flavors, and if there were five – well, we stood at the counter with amazed looks and couldn’t quite decide until Mom or Dad threatened to choose for us.

Does a lioness, or a cheetah, walk about through the wilds and come upon a herd of antelopes and pause because she cannot decide which one looks the most promising?  Or have the evolutionary stresses upon the fight to survive already determined the dominant characteristics that will prevail in such decision-making?

For Federal employees and U.S. Postal workers who must decide when, how, and in what manner to file an effective Federal Disability Retirement application, ultimately to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the cluster of choices to choose from must be deliberative, with great seriousness, and with an approach that must look after one’s own best interests.

Often, however, because of the clouding of judgment wrought on resulting from one’s medical conditions – i.e., pain, profound fatigue, inability to focus and concentrate – it is difficult to separate between the cluster of choices given.  But Federal Disability Retirement requires a cogency of judgment, thought, decision-making and affirmation of choices, and in engaging this complex administrative process, it may be a good idea to consider consulting and hiring an experienced Federal Disability Retirement lawyer, in order to bifurcate between the cluster of choices presented, so that the best option and course of purposive actions can be embraced with a thoughtful and deliberative approach.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Once upon a time…

There are such fairytales, as well as reminiscences of a bygone era; or, when a traumatic event in one’s life bifurcates a “before” and differentiates from the “after”, such that we wanly smile and with eyes distant for yearning of a time now gone forever, we whisper to ourselves, “Once upon a time…”

Old men do that; grouchy grandmothers relegated to nursing homes and old people’s enclaves; those who have variously been diagnosed with “personality disorders” or other such general umbrellas that allow for living in a previous timelessness of shallow memories; but the uniqueness of the phrase is that, for old people and other grouches, to whisper, “Once upon a time…” is to look backwards; whereas, for children, when the story begins with, “Once upon a time…” – it is forward looking, to a world of imagination and creativity.

Yes, the story itself may have the setting of a time before, but within the child’s imagination, he or she is projecting forward in the wayward paths of creative fantasies.

Then, of course, there are people who are beset with medical conditions – such as Federal or Postal workers who are under FERS, CSRS or CSRS Offset, who can no longer perform one or more of the essential elements of the Federal or Postal position occupied, and who whisper in a soliloquy of sorts, “Once upon a time…”

Such reminiscences bifurcate a time “before” and a time “after” – where there was life before the onset of the medical condition, and the living hell after the medical condition became, and remains, a chronic state of being where pain, discomfort, inability to attain any restorative sleep, and profound exhaustion and fatigue sets in.

For that Federal or Postal worker who suffers from such a medical condition, that the Federal or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job, the decision to file for Federal Disability Retirement benefits becomes also a kind of a “Once upon a time” moment.  For, once an OPM Federal Disability Retirement application is approved, and the Federal or Postal employee no longer needs to struggle with the essential elements of one’s job, perhaps the Federal Disability Retirement annuitant can look back and whisper, “Once upon a time…” – but like the child who states it with a forward-looking smile.

Sincerely,

Robert R. McGill, Esquire

 

OPM Accepted Medical Conditions

The problem with “lists” is that, the moment one realizes that one is not on the list, the tendency is to simply give up and go home.  But lists are rarely exhaustive; rather, most are merely to provide a “paradigm” or “type”, as opposed to exclusionary intent by failing to specify or name.

Federal Civilian employees with PTSD may qualify for OPM Disability Retirement depending upon the circumstances.  There is no need to prove that this condition is pre-existing or job-related

Thus, for Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for OPM Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the critical issue to recognize is threefold:  First, becoming qualified for Federal Disability Retirement benefits through OPM is not dependent upon having an officially identifiable diagnosis which matches a “list” compiled at OPM; Second, in some ways, the symptoms manifested are just as important as the underlying diagnosis, precisely because what the Federal or Postal employee “suffers from” is what impacts the capacity and ability of the Federal or Postal employee in performing the essential elements of one’s positional duties; and Third, because Federal Disability Retirement is based upon the nexus between one’s medical condition and the positional duties required in one’s job, there is a requirement of showing the “connection” between the Federal or Postal job and the manifestation of the diagnosed medical condition(s).

Obstructive Sleep Apnea (or Apnoea) may also qualify for OPM Disability Retirement if this condition causes fatigue and sleepiness in such a way that it interferes with work productivity

Thus, while a 1-to-1 ratio between a medical condition and an “essential element” of one’s positional duties is not required (the recent Henderson case reiterated that issue), a showing of incompatibility between the medical condition and the positional requirements is enough to establish eligibility for OPM Disability Retirement Benefits.  In the end, providing a “list” is somewhat more of a disservice than not, because no list would ever be complete, and an incomplete list has a tendency to dishearten and dissuade.

Sciatica is a type of pain affecting the sciatic nerve, often as a result of repetitive strain injury.  U.S. Postal employees are especially vulnerable to low back pain and repetitive strain injuries when pulling “cages” (Mail Handlers); standing, twisting, turning, and bending when working with Flat Sorting Machines (Distribution Clerks); standing for long hours (Windows Clerks); and when sitting in mail trucks and carrying heavy mailbags on their shoulders for several hours (Letter Carriers)

That being said, there are overarching “types” of medical conditions in either categories:  of Psychiatric (Major Depression, Generalized Anxiety, Anxiety, panic attacks, suicidal ideations, Paranoia, Schizophrenia, Bipolar Disorder, Psychosis, ADD, ADHD, OCD), but which also fall under the general aegis of “cognitive dysfunctions” as well; and of Physical (Chronic Pain, Degenerative Disc Disease, Cervical degeneration; disc bulges and herniations; disc impingements; RSD; chemical-sensitivity issues; Asthma; pulmonary issues; anatomically-targeted issues involving hands, wrists, knees, feet, etc.; as well as GERD, Sleep Apnea, Profound Fatigue; IBS; residual effects from treatment regimens; symptoms which impact, directly or indirectly, the ability and capacity to perform the essential elements of one’s Federal or Postal positional duties); and many, many more.

Doctors are usually familiarized with SSDI rules, not with OPM Disability law; so, even if they are willing to help, they will be typically unable to do so

There:  the disservice has been accomplished; like being back in elementary school where the “list” for the most popular, the coolest and the best dressed did not recognize your name, for Federal and Postal employees, the focus needs to always be upon that “secondary” issue of the 2-part nexus: Whatever the “it” is, is it impacting your ability or capacity to perform one or more of the essential elements of your job?

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Adaptable Criterion

If a criterion is advanced at the outset, one expects that the details of its applicability will result in a fair outcome so long as the requisite subsets are adhered to.  The problem is one of generalizations, however, and the linguistic malleability of hermeneutic interpretation, and in the end, the honesty of the individual.

There may have been a time when the sin nature of man was contained, and Pandora’s box was sealed, or at least somewhat secured; but once relativism creeped into the general populace, the game of restraint was lost forever.  Once, when man was left to individualistic devices, and information concerning the world was considered esoteric and reserved for the ivory towers of science and theological hoods of mystery shorn by Jesuit Orders of secrecy and cavernous enclaves of furtive whispers echoing down dark chambers in secluded corners, the application and usage of criteria demanded knowledge beyond the commonplace. Now, with Google and other search engines, everyone knows everything, or nothing at all.

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 “trick” is to review the legal criteria, amass the information in a manner which fits the applicability for eligibility, then to “make the case” for an approval.

Is it a science?  Or, more precisely, are the regulatory subsets “open to interpretation”?  And more to the point:  Do the Administrative Specialists at OPM adhere to the “letter of the law”, or is hermeneutics less than an honest methodology these days?  Where human nature is concerned, one need not stray too far from the general knowledge of the masses.

If one has lived long enough, you know that you should always walk through the busy streets of a city with one hand on your back pocket, protecting your wallet.  Pickpockets are everywhere, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the Federal and Postal worker should always be cognizant of the fact that the adaptable criterion is not the fault of the agency or the promulgators of legal standards, but merely reflects the fact that Pandora’s box was left open long ago, and the serpents of horror and dishonesty were left to roam the earth like never before.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Chasm Between Sanity and Twilight

Sometimes, there are moments of clarity where one is left with wonderment at the behavioral folly of individuals, organizations, and groups of collective consciousnesses (what an untenable word — the pluralization of that which ends in what appears to be the plural form of the noun).  Whether one agrees with the Supreme Court’s holding that corporations should be treated as “persons”, the fact is that organizations act in collective aggregates in similar manners as individuals and amoebas.

Group-think, herd mentality and symbiotic consciousness of behavior is not unfamiliar to us all; for Federal and Postal employees who suffer from a medical condition, and where the medical condition leads the Federal employee or the U.S. Postal worker to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether that Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is a fairly routine matter that engagement with one’s agency can be characterized as one of hostility, unpleasantness or unfriendly separation.

Why this is so; what bonds of loyalty become severed merely because the Federal or Postal employee expresses an intent to terminate the employment relationship as a consequence of the onset and intervention of a medical condition; and how the contextual animosity develops into a flashpoint where the Federal agency or the U.S. Postal Service believes that it must initiate adverse actions or punitive measures; these are all wrapped up within the conundrum of complexities which characterize the human condition, and that is why organizations and organic aggregates of individuals comprise a compendium of human behavior.

It is, in the end, an unexplained and incomprehensible phenomena; what it is; how it can be explained; where one goes to for enlightenment; these questions must be relegated to the dark corners of behavioral recesses within those chasms between sanity and twilight.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement Lawyer: The Wear of Medical Conditions

Some words have constrained, limiting and restricted meanings, available only in esoteric whispers of academic thunderings; others, of common and every day usage, but through monotony of repetition and sheer ordinariness, loses any luster of royal patronage; and yet others, because of the expansive and varied contextual applications, can be applicable afresh, when needs require service of exposure.

One can “wear” clothing; “wear” glasses or a smile; or pass the time tediously, as in, “The minutes wore onward with a tired sense of sadness”.  The word applies also when a person or object begins to diminish, to fatigue, or to slowly fade.  Medical conditions tend to do that, like worn furniture in a house dilapidated by time, where the tiredness of untempered souls and toils of life’s encounters begin to tear at the timeless tokens of tapestries, and one begins to give in to fatefulness.

For Federal employees and U.S. Postal workers who wear the face of normalcy, but who must contend not only with an underlying medical condition, as well as the hostility of a workplace and a world which grants no empathy, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often seen as a surrender of sorts, a wearing of the proverbial white flag, and an admission and acknowledgment that time has worn the welcome of a bright future.

The wear of medical conditions indeed warrants a respite from the world of turmoil, and a more positive outlook is to simply grant the world its due, and instead to realize that filing for Federal Disability Retirement benefits is merely to access an employment benefit which is merely part of the larger employment compensation package signed on to at the beginning of one’s Federal or Postal career, and in accessing the benefit, as nothing more than to assert what is available.

To contend with the wear of a medical condition is a weary challenge; to wear one’s welcome is to withstand unnecessarily.  Wisdom is to recognize one’s time and to wear the wisdom of time when welcomes wither.

Sincerely,

Robert R. McGill, Esquire