OPM Retirement for Mental or Physical Incapacity: Life Changes

For some, transitions constitute mere alterations with minimal reverberations; but for most, change from routine is itself a traumatic event worth resisting even at the expense of one’s own good, one’s advantage, one’s self-interest.  Stability and the status quo represent a daily habituation of life where symbolism of sameness parallels security and safety.

It may be the routine itself; and while complaints about work may abound, the complaining itself engulfs a camaraderie of a community of collectivism. But for the injured Federal employee and the U.S. Postal worker who begins to suffer from a condition, such that the progressively deteriorating nature of the injury or disability begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s job, it is often the forced imposition and lack of choice in the matter, which exponentially magnifies the hardship of acceptance.

Man lives by routine of daily monotony.  Economic requirements imposing a time to get up, to groom oneself, perform the toil of the day, and then to come home exhausted but satisfied that some contribution to society was made, some significance in the greater cosmos of teleological void was marked in an unnamed and unrevealed book of acknowledgments; to interrupt such a routine after years and decades of fighting for an obscure cause, is a shock of life.

To choose to change is one thing; to have the choice made for you, quite another.  And of course, acceptance of an altered life can take some time, but time is never on the side of the Federal or Postal worker who must find an alternate source of income.

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, is never an easy venture to undertake.  Alone, it is a lonely meandering within a confusing morass of administrative conundrums; with some guidance, it is merely a directed disruption of a disquieted life. But necessity mandated upon the Federal and Postal work often reveals an inner strength which somehow manifests itself in the sea of change, and for the Federal and Postal worker who must file for Disability Retirement from the OPM because of the imposition of a medical condition, life’s inevitable changes must be accepted in this world of shifting sands, as time marches on whether the invisible chains of stability keep secure the earthquakes felt, or yet to be experienced.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: Evidence of Change

The charge against Bishop Berkeley has always been one of contemptuous absurdity.  For, if all that we can ever rely upon are sense impressions, then how can one maneuver through the dangers of the physical universe without bumping into tables and chairs, with calamitous consequences of mortal endangerment?  If we step from Room A into Room B, does the former disappear and lose objective existence while the latter reappears and reconstitutes itself into a viable, vibrant universe?  But that is precisely Berkeley’s point, isn’t it? One could argue that his philosophy represented the nascent murmurings of the English linguistic movement (perhaps he is turning in his grave, as he was born in Ireland), where definitional realignment of language became the methodology of solving all philosophical problems.

Thus, in pure technical terms, inasmuch as what we perceive are merely changes to our sense perceptions, as opposed a direct contact with the physical universe, his approach merely confirmed Kant’s later bifurcation of the world into an objective universe versus a subjective, humanly perceptible world. And, indeed, we tend to become lost in the universe of our own making. That is often the problem which confronts the Federal and Postal employee who finally comes to a realization that one’s Federal or Postal job has been, and remains, in jeopardy because of an ongoing medical condition which has been impacting one or more of the essential elements of one’s job.

The internal ruminations spurred by worries, concerns, stresses and anxieties, often form a wall where the evidence of change and the need for alternative measures is prevented because of the blindness of our awareness. Concerns can be overwhelming; and when medical conditions impact the Federal or Postal Worker, such that the Federal and Postal Worker is beset with chronic pain, psychiatric conditions which overtake one’s capacity to possess the acuity of mind needed to maneuver through this complex world, etc., then it is too often the case that the one who is impacted by the medical condition — the Federal or Postal employee — is the one who is the last to notice the evidence of change and the need for change.

Clinging on to the habituation of daily living provides a level of comfort necessary for sanity.  But staying on when everyone else — the agency, supervisors, coworkers, etc. — has changed in their attitude and approach to embracing the Federal or Postal worker as the valued employee he or she was once considered, is a foolhardy and stubborn refusal to acknowledge the obvious.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS, through the U.S. Office of Personnel Management, is the first step in recognizing the growing evidence of and for change. And, whether what we perceive are merely sense impressions, or the actual rumblings of the objective universe, the reality of one’s medical condition which the Federal and Postal employee must face in determining the best course of action, should always involve a focus upon one’s own best interest, and that may include consideration of filing for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquir

 

Federal Disability Retirement: Sometimes, Even Squirrels Fall from the Sky

Nature is not the penultimate paradigm of perfection.  Think about it: the entire apparatus of evolutionary advancement is based upon the theory of accidental genetic alterations of incremental imperceptibility, over great expanses of time, as opposed to the disfavor shown to sudden mutations.  Survivability of a species depends upon environmental adaptations and genetic flexibility in the hereditary accrual of alleles, favoring small and progressive steps of advancements dependent upon environmental pressures and factors of change.

Grand mutations and the fictional existence of the “missing link” are rarely successful; mistakes are successful if accomplished in small portions; but they are accidents of reliable anomalies, nonetheless. It is thus upon missteps, accidents, and mutations which we rely for advancement, and not a teleological drive towards a perfect being, like Aristotle’s Unmoved Mover.  And squirrels do sometimes misjudge a branch, and fall from the sky.

That is why it is anathema for the Federal and Postal employee to refuse to accept one’s vulnerability because of a medical condition, as if he or she did something wrong.  Youth tends to begin life with a view that upward mobility and progression is always to be expected; but the reality of life is that the principle underlying the universe favors interruptions and interludes. Having a medical condition is simply an event which is a natural part of life; and as mortality proves an organism’s existence, so a medical condition is merely its temporary reminder.

Thus, for the Federal or Postal employee who suffers from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, there should be no cause for embarrassment or shame in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS or CSRS. Yes, filing for the benefit is an admission of one’s vulnerability and susceptibility to nature’s admonitions; but as we agreed at the outset, nature is not the penultimate paradigm of perfection, and our bodies and minds are part of the macrocosmic universe of nature. To defy the natural degeneration and imperfection of nature is to ignore reality.

Sometimes, it is only when a quiet walk through the woods is suddenly interrupted by an unexpected thud, and we turn and see a dazed squirrel looking around as it limps off in confusion, do we recognize that perfection is a fiction created by man, and refusing to file for Federal Disability Retirement is a stubbornness that borders on ignorance.

Even the squirrel knows that much.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: Proactive Development of a Case

The problem with medical conditions is that we tend to regard them passively, as recipients of service at a restaurant, or as victims of an automobile hit-and-run.  There is some limited truth to such a perspective; for, as medical conditions come upon us without notice or invitation, we are merely recipients of a condition of that which we never asked for nor desired. But once it becomes an existential fact, and one which becomes chronic and somewhat irreversible, then the subsequent methodology of what we do with the medical condition becomes the responsibility of the bearer of such bad news.

For Federal and Postal employees who suffer from a medical condition such that the medical condition(s) prevents one from performing one or more of the essential elements of one’s job, whether under FERS or CSRS, consideration must be given to filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Passivity in life will only engender magnification of inactivity; and as one must affirmatively prove by a preponderance of the evidence one’s Federal Disability Retirement case, sitting idly by as one’s agency takes steps to increase the penalties of unsatisfactory performance via leave restrictions, a PIP, suspensions, or other adverse actions, including removal from Federal Service, is simply an ineffective way of formulating and developing one’s Federal Disability Retirement case.

Case development requires a proactive stance; inactivity will only feed upon the devastating medical condition already suffered.  Being a victim of a disease or injury once is bad enough; let not the occurrence be magnified by compounding the problem through inactivity and passivity.

Sincerely, Robert R. McGill, Esquire

Federal Employee Medical Retirement: The Supportive Physician

Physicians comprise a peculiar and unique breed of people; highly trained, the best physicians must be more than a technician, however, in order to effectively treat their patients.  The uniqueness of the profession itself requires a full panoply of skills, including intelligence of application; an acuity of judgment; analytical abilities in evaluating, assessing, diagnosing, and ultimately treating; a bedside manner which conveys confidence and compassion at the same time; and not least — an ability to listen and communicate.

For the Federal or Postal worker who is contemplating preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, a physician who is supportive of the potential applicant’s endeavor is crucial to the successful outcome of the entire administrative process.  By “support” cannot merely be characterized by a smile and a pat on the back; it requires that the physician be willing to make the connection between one’s medical conditions (which the treating doctor should have a thorough knowledge and understanding of) and the essential elements of one’s job (of which the Federal or Postal employee should have a deep and detailed awareness).

Thus, as the partnership for healing comes together in the creation and fostering of a doctor-patient relationship, so the fruition of a successful Federal Disability Retirement application begins with the coalescent cooperation between the medical professional and the Federal or Postal employee who is preparing, formulating, and filing for Federal Disability Retirement benefits.  How that cooperation comes together, of course, makes all the difference, and the tell-tale sign is the willingness to provide a detailed narrative medical report.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Chronic Medical Conditions

The concern is often expressed in the preparation, formulation and filing of a Federal Disability Retirement application under FERS, that if a medical condition has been suffered with for multiple years, and perhaps even “pre-existing” the time of Federal Service, and further, since the Federal or Postal employee has been able to perform the essential elements of the Federal or Postal job, how can it be characterized as a medical condition which prevents one from performing one or more of the essential elements of one’s job?

The answer to such a concern is actually quite simple: The Federal or Postal employee has been able to manage life, activities and the essential elements of one’s job for multiple years; the chronicity of the condition is simply an inherent part of the nature of the particular medical condition; whether because of age, or slow, progressively deteriorating impact upon the body or psyche, the medical condition has ultimately taken its “toll” upon one’s physical, mental and/or emotional capacity of the Federal or Postal worker.

Sometimes, there comes a point where the wall of tolerance to stress, pain or other increasingly debilitating symptoms can go no further.  The fact that the Federal or Postal worker has been able to perform the essential elements of the job for so many years is simply a testament to the endurance of the Federal or Postal Worker.  This is why it is important to maintain a blunt, honest and forthright line of communication with one’s treating doctor.  Often, the doctor will be the one who, for years, has encouraged the Federal or Postal worker to seek Federal Disability Retirement.

It may be that the time has come to take the doctor up on his or her advice, and to begin talking about the type of narrative and administrative support needed to obtain Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esqire

Medical Retirement for Federal Workers: Thanksgiving

In representing Federal and Postal employees for Federal Disability Retirement benefits under FERS or CSRS, one encounters multiple medical conditions, from the very severe and debilitating, to manageable but chronic conditions which impact one’s ability to perform the essential elements of one’s job.  

Such review of medical conditions and recognition of what many Federal and Postal employees must undergo, is often a humbling experience; for, while a lawyer’s job is to focus upon the legal aspects of a case, and to bifurcate one’s personal “feelings” as distinct from the legal issues, the antiseptic medical facts, and the ability to provide an objective, analytical view of all of the facts and circumstances — such conceptual bifurcation has its limits.  

Daily, Federal and Postal employees who suffer from various medical conditions must make difficult choices about their future, their career, and their work & personal obligations.  It is well to pause during this Thanksgiving to reflect upon the blessings that we have, as opposed to conditions which have resulted in the loss or reduction of that which we do not have.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: Arming the Doctor after Disarming

It is one thing to provide an explanation of the process of filing for Federal Disability Retirement benefits under FERS or CSRS to the treating doctor; that is simply not enough.  Providing an explanation “disarms” the health professional.  While such explanation and helping the doctor to understand the process is certainly helpful, ultimately the treating doctor needs more than information; he or she needs guidance in order to “arm” one’s self with the tools necessary to help the patient. 

Fortunately, most doctors are professional, compassionate, and eager to help.  Writing medical reports are an administrative aspect of the practice of medicine which is not only a headache, but takes the doctor away from the valuable and limited time for actually treating the patient.  It is therefore important for the Federal or Postal employee who is applying for Federal Disability Retirement benefits under FERS or CSRS to “arm” the doctor with the necessary tools needed in order to successfully prepare, formulate and construct a sufficient and effective narrative report in order to “pass muster” with the Office of Personnel Management.  The first and primary rule in helping to prepare the doctor is to always protect and maintain the integrity of the doctor.  Truth in every endeavor, and especially in filing for Federal Disability Retirement benefits under FERS or CSRS, should be the ultimate guiding light.  How that truth is stated, however, is where the guidance, tooling and “arming” comes into play.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Perspective from the Office of Personnel Management

In effective argumentation, persuasion, written memoranda, oral presentation, and the entire spectrum of attempting to convince the “other side” of the validity, force, appropriateness, and viability of any administrative or legal filing of any nature, it is often a useful tool to attempt to view an issue from that “other” perspective.

Remember that, in filing a Federal disability retirement application under FERS or CSRS, it is good to consider the fact that the OPM representative who will be reviewing your particular application, merely sees your application as one among hundreds of files assigned to him or her. With that in mind, the essential question becomes: How can my particular application, as one among many, be reviewed in such a way that it “stands apart” so that it will be quickly approved? If you ask that question, or any variation of such a question, then you may be taking a wrong approach.

Remember that filing for disability retirement under FERS or CSRS is not like applying for a job; you are not filing a resume that needs to stand out; rather, it is often best if your particular application is nothing more than a “run of the mill” application — with strong, unequivocal and irrefutable medical evidence, along with strong legal arguments to support your case. Yes, of course your Applicant’s Statement of Disability should explicitly describe the human condition of medical disablement; yes, the “nexus” between your medical condition and your job should be carefully constructed; but no, your application should not necessarily “stand out” as uniquely different — for such an application will often be viewed as “suspicious” and “over-stated”, and may well lead to not just a first viewing, but a re-viewing, and a possible denial

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Representation Anywhere

I receive multiple calls weekly asking whether I have a satellite office in a particular state.  The answer:  No, but Federal Disability Retirement law is a federal issue, not a state issue, and that is why I am able to represent Federal and Postal employees from all across the United States.  It matters not whether a Federal or Postal employee is in California, Alaska, Mississippi or Florida.  I have represented individuals from every state, including Alaska, Hawaii, Puerto Rico, Europe, Japan, Korea, etc.  Modern technology has allowed for such representation, and I am able to communicate with each of my clients, effectively and efficiently, via Express Mail, email, fax, telephone, cell phone, Federal Express, UPS, and every kind of electronic & physical transportation & communication system.  Modern technology certainly has its drawbacks; it has, in many ways, made life more complex.  Yet, at the same time, it has given me the honor of representing a wide range of Federal and Postal employees from everywhere, and to be able to obtain Federal Disability Retirement benefits for a wide range of interesting people, in interesting jobs, in a variety of Federal Agencies, suffering from multiple medical disabilities, ranging from psychiatric disabilities to severe and chronic physical disabilities. No, I do not have a satellite office in your state — but I am able to communicate with each of you, and represent each of you, as if I was right there in your particular town.

Sincerely,

Robert R. McGill, Esquire