Attorney for Federal Disability Retirement Claims: Next Steps

It is the previous step that determines the following one, and the one before that which closes the alternatives for multiple other pathways; in the end, sequence matters, protocol can make a difference, and how one takes the steps, in what direction, by what methodology — these are all important considerations to contemplate.  What the endeavor is; by what means one is attempting to achieve the end-result; and the manner in which the goal is reached; the attempt the take a short-cut will often result in only a short-lived gain, but often with long-term consequences that, upon reflection, made the short-cut pay a price greater than the worth of the gain.

Next steps are important; each step, whether previously taken or subsequently considered, are also obviously of significance, but one could argue that those already taken cannot be reversed or, if reversed or retraced, may complicate matters more, whereas the “next step” yet to be taken may impact all previous ones already established and thus must be considered in light of the consequences likely to ensue.

Whatever has already occurred in the past cannot be undone or, if it can, must be retracted with care such that any retrospective refashioning of previous actions taken will do no greater harm than that which has already been consummated.  It is always the “next steps” that are the crucial ones, for they will determine not only the efficacy of all previous ones, but further, will either validate or undermine all previous ones heretofore taken.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and 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 next steps you take may be the critical ones that determine the success or failure of the entire complex, administrative and bureaucratic process you are attempting to undertake.

What statements are made as reflected on SF 3112A, the Applicant’s Statement of Disability; the sufficiency of the medical reports and records gathered, to be submitted as Attachments to your Federal Disability Retirement application; whether you answer and address the issues concerning accommodations in the workplace sufficiently or in what manner; whether you have an adequate understanding and comprehension of your rights with regard to Federal Disability Retirement Law; these and many other “next steps” may well determine the future course of actions previously taken, ignored or otherwise not initiated.

Perhaps the “next step” should be to consult with an attorney who is knowledgeable about Federal Disability Retirement Law, lest the “next step” be the one that leads to an unforeseen stumble, where that next step leads to a misstep or the following next step after that cannot occur.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The arbitrary life

Some would counter that it is a mere tautology; for, life itself is arbitrary, and the very definition of arbitrariness consumes the conceptual construct of living.  Thus does the subject subsume the predicate, and vice versa; or, in this case, the adjective and the noun.  But of course it all depends upon how we define both the adjective and the noun.

Do we mean by “arbitrary” that things just happen without a cause, and that there is no “Grand Designer” that intervenes as in the old Greek plays where the expectation of a deus ex machina would always appear to make everything “right”; or merely that we didn’t know, were unaware, and simply the alteration of life’s sequence of anticipated events appeared suddenly and unexpectedly?  And of “life”, do we mean in general, or a specific incident, carved out with special significance, from all of the other sequential and incremental compendium of events that aggregate the entirety of one’s consciousness of that which constitutes the “history” of a living being?

Those who believe in an omnipotent being, of course, cannot concurrently hold that life itself is an arbitrary phenomena, unless by that one means merely that one cannot have the same omniscient perspective as the Grand Designer of Fate.  If arbitrariness is meant to encompass randomness, and that the universe is a mere series of unanticipated events, then the question becomes:  Is it the lack of anticipation, or the randomness of events that constitutes the bulk of arbitrariness?

For, the human capacity to anticipate events unfolding is fairly unlimited.  Yes, it takes time, study, research, effort of cognitive insight, etc., in order to engage a process of anticipatory predictability, but that is a price one has to pay in order to subvert the anxiety of the unexpected.

For Federal employees and U.S. Postal workers who suffer from an arbitrary trauma of life — another way of describing an unexpected medical condition (for, who in his right mind “expects” a medical condition, unless one is a statistician or a pessimist of the highest order?) — it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Yes, this too will possess some components of the arbitrary life — as in whether the Federal or Postal employee’s Federal Disability Retirement application will be approved or not; but such arbitrariness can be somewhat controlled by seeking and following the advice of an attorney who specializes in such matters.

For, in the end, part of the solution in tackling the arbitrary life is to anticipate the random events that are unexpected, by controlling those peripheral and tangential issues that increase the odds of predictability.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Overload

This is a perilous time we live in.  Some would counter that it all depends upon one’s outlook and perspective; that for those who have an adventuresome spirit, a sense of excitement for the future, and a fearless attitude in facing challenges, such times as these are for the bold and independent-minded.

Youth, of course, has its advantages; having nothing to lose, they race blindly ahead without concerns for the consequences left behind.  Nostalgia for a time gone can be infectious and wasteful; there are too many things happening in modernity to allow for reminiscences to crowd in.

This is an Age of Overload.  We read about and watch popular series about a time past, of horses and buggies, of simplicity in living, and wonder how in the world did we become what we are today?  Is it all a grand illusion?  Were there as many problems, worries, concerns and angst-ridden days as these days?  Was life ever really simple where children danced daily through fields of wildflowers during summer months of lazy and carefree memories, like wistful shadows wilting on a rainy day where no one spoke in fearful whispers beyond the day’s journey of time?  Or was it always like it is today — of overload and constant flux, of working beyond hours assigned and never seeming to meet the day’s obligations or responsibilities?

Then, of course, those beset with a medical condition have an exponential effect beyond the human capacity to endure.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s position, the overload that occurs because of the impediment of the medical condition itself can be overwhelming and irreconcilable.

Federal Disability Retirement may not be the most optimal solution in all circumstances, but it is often the only choice remaining.  Either that, or the Federal or Postal worker who can no longer perform all of the essential elements of one’s Federal or Postal position will have to simply endure, and often face the consequences of workplace harassment, increasing pressures and continuing deterioration of one’s medical conditions because of the added stresses.

In the end, it is this overload of stresses that defeats and destroys, and preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the only way to avoid the inevitable results of a society burdened with overload.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The spam of life

Have you ever been amazed by how much “spam” there is?  Consider how many individuals, organizations, groups of individuals, people sitting in their bedrooms with a laptop, etc., trying to scam and spam, for whatever nefarious reasons hidden; it is as if the whole world has gone mad.

Is it true that the great majority of such leftovers often filtered by computer software dependent upon the dubious intent of those who would infect and harm, is produced for the most part by a single individual, group or entity, and the rest and residue by the remainder and leftovers less calculating and invidious?

How is it that we have accepted such human detritus as a normal component within our daily lives, such that we even have a special “folder” that is designated for “spam”, where the software mechanism kindly identifies and re-routes such unwanted crumbs into that neatly identified space, so that in the morning we can just click upon the icon next to it that deletes it into a “garbage” can.

In “real life”, is there such neatness?

But that there would be a software mechanism that rerouted all of the annoyances and irrelevancies in life itself, like the spam that is cordoned off, isolated and singularly quarantined so that we never have to actually deal with it.  Wouldn’t that be nice?  A person who you do not want to speak with begins to approach you.  Bam!  He is immediately carted away and placed into an isolation cell.  A problem within the family arises that is distasteful and irritating.  Slam!  It is summarily solved by swiftly being designated as a spam of life.

Symptoms of a medical condition begin to impact your health.  Pause.  Somehow, you cannot always equate the spam of the computer world with the spam of life; not everything can be simply rerouted and discarded, forgotten forever.  It would be nice if such were the ingredients of life, like that in the world of computers; unfortunately, some things have to be dealt with in a different manner, by a differing approach.

For Federal employees and U.S. Postal workers needing to file 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 spam of life is the medical condition itself, and despite our desire to have a computer software somehow make it go away like computer spams that try and infect the technological creations of modernity, there is no special manner in which it can neatly be tucked away into a separate folder.

Instead, the spam of life must be dealt with as with all other similar problems in life’s complexities – by careful preparation, fastidious formulation and timely filing of an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, so that other computer spams and unwanted spams of life can be more easily dealt with for a better tomorrow free from the junk mail of a future yet unknown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The out-of-tune band

There is something particularly annoying about a piece of music, an orchestral ensemble or a simple song that is out of synchronized perfection, or put quite simply, out of tune.

The annoyance can be traced, of course, to the origin of the discordant piece; the “band” itself, the group of musicians or the orchestra or symphony that is responsible for the unpleasant sound waves that drift through the molecular structure of the unseen world and pervades down into the refractive caverns of one’s ears, then interprets through neurons firing in order to “hear” the vibrations that are supposedly in consonance with one another such that it becomes a coherent song, piece or musical collection.

The out-of-tune band is indeed an annoyance, and we believe should be outlawed and made illegal.  Short of that, what is it about a discordant collection of individual instruments that makes it unpleasant?

Taken individually, perhaps each player of a particular instrument can play it with utmost perfection; yet, when two or more players come together, it makes for an exponentially complicated attempt at coalescence, harmonious combination and synchronized heavenliness.

Getting married – of two different people coming together and making a lifetime commitment without killing one another – is difficult enough; getting a band together and coordinating disparate sounds and vibrations and, through practice, creating music that approaches a pleasantness of sounds – now, that is what you call nigh impossible, and somewhat like marriage in the sounds of silence (sorry, but somehow one must always try and include Simon and Garfunkel’s classic; and, of course, we must ask the eternal question: What ever happened to Art Garfunkel?) that we all strive to achieve by perfection of heavenly voices.

A Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is somewhat like trying to put a band together, as well.  Coordinating all of the elements – the Statement of Disability; the medical evidence, making the legal arguments; delineating the entirety of the Federal Disability Retirement packet into a coherent whole such that it does not “sound” discordant, which then hints at a trough of suspicion or insincerity, which then further leads back to an “annoyance” at the originator of the Federal Disability Retirement packet, and a likely denial from the U.S. Office of Personnel Management – is an important step towards an uncertain outcome.

Like the out-of-tune band, the success of a Federal Disability Retirement application cannot be just “putting together” a few documents here and there and haphazardly writing one’s Statement of Disability; no, it must be put together so that there is coherence, coordination and coalescence in bringing together all of the evidence for such an endeavor to be deemed “a fine tune”.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Then, forgotten

To die is forgivable; to be forgotten, not so much.  Perhaps that is why the 15-minute rule of one’s fame is so important to most people; that, to be “appreciated” in a life-long struggle just to remain relevant makes fools of us all, and the basis upon which con-men and scams continue to effectively play their course.

It is, of course, the “then” that matters – that prelude to the state of being forgotten, that defines what a person’s life was, remains, and will continue to be in the future amongst and amidst the remainder of a family, friends and acquaintances left behind.  For, the long and wide expanse before the “then” constitutes a life lived, the experiences encountered and the salacious intertwinements amassed; in short, it is what a person is remembered by which the definition of a life well lived and the cumulative amalgamation of challenges met.  Then, after all is said and done, the person is forgotten.  Oh, for a time, not entirely, perhaps.

In the painful memories left behind with family; of a legacy foretold and secured; but then, even those relatives, friends and loved ones slowly fade away into the eternal trash bin of history’s unnamed tombs, and then, forgotten.

Why else do people wave and try to get noticed when television cameras are rolling?  Or try and get that footnote published in the Guinness Book of Records?  Is the innate fear of becoming forgotten so powerful as to make fools of old men and not merely excusable because of youth yet unfettered?  Is it so important to be secured in the knowledge that someone, somewhere, in some footnote or esoteric reference that history will record, will annotate an accomplishment, an event or some memorable deed that we did; and, even if that were to happen, would not the same result occur – then, forgotten?

History is full of forgotten men and women – even those who have been recorded in the annals of relevant history.  How many battles and wars where young men just beginning the journey upon a life filled with potentiality and the first kiss of love, cuts short a future yet unlived, and instead becomes buried in the timeless echoes of a graveyard unrecognized?

For Federal employees and U.S. Postal workers who fear the dictum of “Then, forgotten”, either with the Federal Agency or the U.S. Postal facility, or just among the colleagues once worked with, the plain fact is that too much focus upon the “forgotten” part of the equation undermines the precursor prior to the “then” part.  There is always life after a career, and greater experiences beyond the work one has done.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted (ultimately) to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, should not be based upon any fear or unwillingness to “let go”; instead, it should be based upon a recognition that health and getting better is, and should always be, a priority that overrides the fear of one’s own fragile mortality.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Tarnished lives

These days, are there any other kinds?  Do saints exist, or is it merely time which erases the stench attached, and as history is recorded and memorialized by sympathetic co-conspirators attempting to preserve the sanctity of reputations and disregarding the detritus of humanity, so once the sanctification by pontifical decree settles upon a figure previously considered human, and now an idealized version of an individual lost in the complex historicity of biographical omissions, the tarnished perspective of lives once lived has disappeared into the ethereal universe of a surreal reality.

All lives are tarnished; but the moment one makes such a statement, it becomes a meaningless declaration.  For, just as stating that X is “all-inclusive” necessarily negates its opposite, so to posit that Y is “pure nothingness” undermines the very essence of “something-ness”.  If everything is meaningless, then nothing can have less or more meaning than anything else, and thus do we end up with an anarchy of language.  So, to qualify: Yes, all lives are tarnished, but some lives more so than others, and others, less so than further others (somewhat like the declaration in Orwell’s Animal Farm, where “all animals are equal; but some animals are more equal than others.”).

And thus do we live this way, where the cynic believes that there are no saints, and the naïve minority of individuals who believe in such blather repeatedly invest in purchasing the Brooklyn Bridge as a sound retirement strategy next to Bernie Madoff’s pyramid scheme.  But of what do we judge a “tarnished” life, as opposed to one that is not?  Does a minor blemish amount to the same thing as a total spoilage of the whole?

That is where people have often misinterpreted the religious teachings of entrance into heaven, where purity through the sacrificed Lamb allowed for gaining a foothold into heaven, but where – from that – people argue, therefore, God doesn’t make a distinction between a minor infraction of sin and the carnage of murder or some other equally greater offense.  But surely there is a difference with a real distinction between that which requires purity in order to enter into heaven, as opposed to judging the difference between types of moral turpitude?

Yes, we all live tarnished lives, but some lives tarnished are of greater consequence than others.

For Federal employees and U.S. Postal workers who view the onset of a medical condition as a “tarnished” smear upon one’s career, and thus resist leaving until that smudge has been erased, good luck.  The reality is that a medical condition is not a reflection of any “fault” or “negative” judgment upon a person; instead, it is simply a reality of one’s mortality.  Some people never suffer from a serious medical condition; others, with more than a fair share; and most of us fall somewhere in between.

For the Federal or Postal employee who suffers from a medical condition such that Federal Disability Retirement must be considered, always remember that the need to seek an alternative remedy through a Federal Disability Retirement is never a reflection that deems that one now falls amongst the tarnished lives of greater misdeeds, but merely a reality in this mortal world of fallen souls, no different for this generation than for the centuries of such tarnished lives in unmarked graves of yore.

Sincerely,

Robert R. McGill, Esquire