Federal Employee Disability Retirement: Reactive Responses

By haste do we regret; by unthinking actions do we abide the fool.  Have you seen the sign often placed at the Clerk’s window at the local courthouse?  It will read something to the effect of: “Your procrastination does not create my emergency”.

Reactive responses, whether based upon a “real” emergency or one which seemingly appears so, are often the basis for later regrets and irreparable damage.  It is like the rule that everyone should follow in sending emails or posting comments on the Internet: Wait a day; sleep on it; set it aside for later consideration.

Few emergencies are rarely so; most are merely in the minds of the individual, burning like a forest fire out of control, but yet distant enough to suffer no lives.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits under FERS, the reactive response is often the fatal one.  Unless it is to meet a statute of limitations deadline, or to respond to an issue with a specific timeframe, most considerations which arise in a disability retirement application are rarely true emergencies and can be thoughtfully approached and resolved.

Contact a Federal Disability Lawyer who specializes in FERS Disability Retirement Law, lest haste results in waste and the thoughtless action reverberates with unintended consequences.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: A Reason for Everything

Why must we attach one to each event, every occurrence, all episodes?  Is there one for everything?  Must there be a “reason” for every event in life?

We require explanations — whether of a transcendent nature, a motive or a foundation explaining a causal connection; but is the necessity inherent in the event, or does it reveal more about ourselves as a species which demands a rational explanation?  Does it matter, ultimately, whether the rising of the sun is explained by referring to the awakening of the gods or that the revolution of the earth rotating around the sun explains the phenomena, and that the sun doesn’t actually rise, but because of the spinning cycle of the earth, dawn comes upon us?

Of course, in daily living, whichever explanation we accept — whether of the gods yawning and awakening or the more “scientific” explanation about planets and their rotational movements — matters not except perhaps to raise eyebrows during the course of a conversation with your boss, but it does, of course, make a tremendous difference if you work at NASA and are planning the next space mission.

We seek a reason for everything; that is the nature of human beings, and for Federal employees and 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 reason given to the question, “Why me?” may not be a simple one.

Filing for Federal Disability Retirement benefits under FERS may not answer the age-old questions concerning causality, but it will at least allow you to focus upon your health and the priorities in life.  Consult with an attorney who specializes in Federal Disability Retirement; at the very least, some of the questions and reasons concerning the complex conundrum concerning disability retirement may be answered.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Preparing for the unknown

How does one prepare for the unknown?  If the very basis of preparation is to prepare for something, how can you then engage in that activity if X is an anomaly, a conundrum, a mystery yet to be uncovered and revealed such that the prior stage of preparing for it can be accomplished?  Is there a necessity for the pre-preparation stage?  Does one have to prepare in order to prepare to perform the actual act of engaging the substance of that which must be prepared for?

Certainly, learning about a subject — reading, researching, analyzing and evaluating — prior to performing acts which constitute “preparation” is an important component, but how many people have time to do such things?

Nowadays, if a person is asked whether they can “do X”, we just whip out our Smartphone, Google it and watch a You-Tube video and declare, “Yeah, I can do that.”  Is that what self-appointed lawyers do, these days — winging it by quickly reading some summarization of an article, then head into court and stand before a judge and make motions, argue cases, etc.?

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, preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management may well become a necessity.

It is the “preparing” part of the entire process which may be the lynchpin of success or failure.  Yes, you can read various articles (including this writer’s many pointers, legal articles and the like), but always understand that each case is unique — as is yours — and legal guidance based upon the individual circumstances of a particular case is very important in preparing for the unknown.

The “unknown” is the Federal Disability Retirement process, the administrative venue and the bureaucratic morass that encompasses the entirety of Federal Disability Retirement Law, and while no lawyer should contend that he or she knows “everything” about a subject, an experienced lawyer can certainly provide for valuable “pre-preparation”, as well as the preparation and the substantive work on formulating and finalizing that which is yet unknown, but ready to be revealed, uncovered, and refined into a Federal Disability Retirement application that stands a good chance of challenging the unknown.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Weight of evidence

When you walk into a room full of people, how does one differentiate, define, separate and discern?  Remember that once-popular fictional work entitled, Tarzan of the Apes by (originally) Edgar Rice Burroughs?

There is a scene (whether from one of the various versions depicted on screen) where young Tarzan is surrounded by a crowd of “civilized” individuals staring, prodding, looking on with curiosity — and the young man who had been brought up in the wild lacks the capacity to compartmentalized the sudden bombardment of overstimulation, and runs amok amidst the finery of a social setting.

How is it that we learn to differentiate and categorize from among the massive aggregate of stimuli directed at us?  Do we, as Kant posits, impose mental categories upon the chaos of the world?  How do we learn to determine the “weight” of importance, significance or even of relevance upon the various activities that surround, impart and become directed at ourselves or around and about our purview?

And in the legal context, how do we know what weight of evidence should be submitted, and how to organize it into a priority of relevance?

You know the old joke — or is it merely a “trick”? — Of telling a person to “listen carefully,” and misleading the listener into thinking that the question you will be asking concerns the number of people left, when in fact you are deliberately misguiding them, saying: “Now 5 people entered the elevator and it went up 2 floors, then 3 people got off and 5 more got on, then the elevator went up again 2 more floors, where 1 person got on and…”.  At the end of the “story”, the question posed is not, “How many people are left?”, but instead, “What floor are you on”?

The evidence for both are there; it is the weight upon the relevant information that was missed.

Or, of that eccentric oddball who watches an action-packed movie or episode, and at the end of it, while everyone is commenting about this or that favorite scene of explosions, mayhem and bad-guy-got-his-due scene, the odd-man-out says, “Yes, I thought that the person who wore the yellow tie should have retied it, because it was a bit crooked.”

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 the weight of evidence, the relevance of the information submitted to the U.S. Office of Personnel Management, and the significance of guiding OPM into viewing the evidence with a roadmap of persuasion.

Legal memorandums that delineate the evidence compiled, argue the law that is persuasive, and preemptively organizes the basic components in answering “why” a client is eligible — nay, entitled — to Federal Disability Retirement benefits, is important in light of the variety of evidence being submitted, not only by the applicant, but also by the Agency or the Postal Facility (which is not always favorable).

Is the Federal Disability Lawyer you have consulted or are about to consult, doing this?

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: The Whisper of Discontent

Seasons come and go; it is one of those ponderous “throw-away” lines that people utter without much thought, somewhat akin to the customary “hello, how are you” declarative that is stated without a pause as the speaker rushes quickly past without waiting for an answer.

Yes, and there are also winters of discontent — borrowed from the line in Shakespeare’s Richard III, and also, by happenstance, the title of the last novel by John Steinbeck; but more often, it is the whispers of discontent that prevail more pervasively, for “discontent” is not necessarily a lasting emotion, or even one that endures for a season; rather, it is whispered precisely because of its fluctuating characteristic.

We whisper it because we know that, like seasons and emotions, time may heal and further time will alter it; and others may whisper it because the fleeting nature of it may not stand the test of objectivity.  And when the whispers of discontent turn and become the louder shouts of adversity, we often failed to listen carefully and instead ignored the voices that forewarned of foreboding toils.

Medical conditions have a tendency to provide such preludes, as well.  One often knows well before a doctor tells us, whether and to what extent the chronicity and severity of the condition foretells; and whether and to what extent the impact upon one’s Federal or Postal career will be.

The law concerning Federal Disability Retirement requires that the medical condition must “last at least 12 months” — but that does not mean that one must endure a 12-month period of suffering before filing a Federal Disability Retirement application; rather, that the treating doctor or medical provider must provide a prognosis that the medical condition will last, at a minimum, that length of time.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the whisper of discontent comes about with the realization that the medical condition suffered is impacting upon one’s career by preventing the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Although seasons do indeed come and go, and there may well be winters of discontent, the Federal or Postal employee who hears one’s Federal Agency or the Postal Service whisper utterances of discontent, may deem it advisable to begin to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, before such whispers become a winter of discontent where the avalanche of a proposed removal becomes initiated.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Counting the days

Do we count the days when vacations lapse within the final hours and minutes, when in the beginning sunsets were timeless moments of restful hours yet to come?  What anticipation of worry-less days, and of looking forward to sleeping in, letting one’s guard down and the muscles relaxing from the tensions of anxiety-filled build-ups: No emails (at least for a few days, maybe…until the thought begins to intrude, then grow, then overwhelm, of the accumulation of those hundreds sitting there waiting…waiting…), no phone calls, no need for the greatest necessity in modernity — the ability and capacity to multitask.

The days began with lazy hours and hazy minds; of the sleepiness still caught between eyelids barely opened, and thoughts of the rat-race still barely behind.  It takes days just to unwind, and just when you begin to relax, it dawns on you that you are already counting the days when summer is over, the kids are back to school, and even the commercials on television are already pushing to get those supplies that are blaring with fanfare of sales and super-sales.

Do lions in the wild count the days?  Do the salmon as they fight to go upstream relinquish the solitude of mindless numbers?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition forces one to count not just the days when vacation is at hand, but every hour, every day, every week because survival to the end of the week is the mode of existence, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, counting the days is nothing but a clear indication that the numbered days are shrinking exponentially, and lost with the sequence of each count is the unalterable truth that days counted are days lost, especially when one’s health is at stake.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Monday’s Startle

There is not much that needs to be said about Mondays.  The standard response to, “So, how is your day going?” is quickly understood with the response of, “It’s Monday”.  What is it about the first work-day of the week that brings about the startle of life?  Is that why the traditional week’s cycle begins from Sunday-to-Saturday, because we want to avoid the memory of a week beginning so disastrously?

Do we dread work so much that it becomes a self-fulfilling prophecy, where the expectation of the day following the day off becomes so anticipated with angst and considerations of impending disasters, that what we come to expect we impose our will upon the universe such that reality follows our fears and imagination?  Or, is it that there is an across-the-board truce that comes about without a word of acknowledgment — shortly after the close of business on Friday afternoon — when everyone heaves a sigh of relief, goes into the weekend, and everyone follows the protocol of no longer bothering one another?

How did we come to that unspoken rule — you know, the one where emails suddenly become reduced in volume (except by those with OCD who increase the length and number because of the unresponsiveness of the previously-sent dozen or so), phone calls are put on hold and the furious activity of keyboard punching and looking about anxiously at the clock-that-never-moves — where suddenly a peaceful calm descends like a spirit from on high above the clouds, the white flag of a temporary truce is reached without anyone saying a word, week after week, month after month, year in and year out?

It is reported that such unspoken occurrences were common during every war — our own Civil War, the two World Wars (but not in the more recent ones in Southeast Asia and the Middle East), where ceasefires were embraced around Holy Holidays and some Sundays without any need for negotiated settlements, but with merely a wave and a smile.

Then, Monday’s startle comes with a roar.  Whether because it remains such a contrast against the quietude of the day before, or merely the release of pent-up energy allowed to aggregate over the 2 days of respite and restoration, one may never quite comprehend.

For the Federal employee or Postal worker who suffers from a medical condition which necessitates preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, Monday’s startle is often a chronic condition because of the inability to escape from the anxiety of the medical condition itself over the weekend, Holidays or summer months.

Monday’s startle can be survived, for the most part, precisely because of Saturday’s respite and Sunday’s quietude; but when every day of the week and weekend results in the same angst as Monday’s startle, it is likely time to consider filing for Federal Disability Retirement in order to focus upon one’s health, lest Monday’s startle turns into an endless stream of red flags replacing the white ones of truce where such flags are warning signs of an impending condition that only gets worse.

Sincerely,

Robert R. McGill, Esquire