Federal Medical Disability Retirement: Pivotal Points

Or, forks in the road; they confront us when we least expect them, never desired, always with a sense of angst.  Half of life is procrastinating and delaying; the other half, trying to catch up to the half delayed.

The “pivot” is that central point, pin or shaft on which a mechanism turns or oscillates; so, in basketball, the foot from which the player “pivots” is the one frozen and stationary.  It is the root word where the suffix, “al” — that addendum which forms an adjective from a noun — is appended in order to create that word which we are all familiar with: of the crucial, central decision based upon that stationary point, where the movement of the other “leg” or whatever free mechanism can be directed towards, will determine the pathway, the consequences, the results — the pivotal point — in a person’s life.

We come upon many of them in life, often yet unknown, some seemingly minor at the time but with greater significance later on, upon reflection; others, of a known quantity, where the decision itself is considered “pivotal” for one’s own future.

Some examples: A minor one — of going out with friends and acquaintances, knowing that a few of them have some questionable reputations.  A night of seeming innocence which starts off without consequences, ending up in a car crash, a person dead, an arrest — in short, a tragedy which began with a simple but pivotal point, where an invitation declined could have averted the tragic results merely by non-participation.

A more “major” one: Of whether and which college to go to; whether to volunteer for military service; whom to marry; whether to accept one job over another; of whether it is time to consider filing for Federal Disability Retirement benefits under the current Federal Employees Retirement System (FERS) through the U.S. Office of Personnel Management.

As to the last of these pivotal points: Contact a FERS Medical Disability Attorney who specializes in FERS Disability Retirement Law, lest the decision to be made turns out to be of greater consequence than originally thought.

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 Employee Disability Retirement: The Focus of Things

Paintings, photographs, artwork of any kind — the author, artist, poet or photographer often wants you to focus upon certain things.  The background, the context, the foreground left unfocused; or, of a certain object, person, entity or subject which is the primary point of the display before you — was it deliberately intended, or was it an accident?

Sometimes, by mistake, an accidental capture of an unintended incident or subject which was not originally the focus of things to become prominent, is suddenly recognized as being more important or relevant than first thought.  But that is a rarity.  The focus of things is normally an intended act.

Thus, in a Federal OPM Disability Retirement case, the U.S. Office of Personnel Management will deliberately focus upon certain issues.  Why is that?  To try and defeat and deny a FERS Disability Retirement application based upon what they believe is the “winning” issue for them.

From the Applicant’s perspective and viewpoint, the focus is often quite different.  And, of course, there is a difference in focus between being a “patient” of a medical condition trying to get better, and being an applicant for a FERS Disability Retirement annuity.

It is, in the end, the focus of things which can make a difference, and the reason why you need a lawyer in order to obtain Federal Disability Retirement benefits is precisely because the focus of things is quite different — as in, an advocate for your Federal Disability Retirement application can make the difference between a focused approach and an unfocused one.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Employee Medical Retirement: Stating the Obvious

Sometimes, it is necessary; at others, to do so appears inane and redundant; and yet, to state the obvious is often as important as not, and someone has to do it, lest the obvious become the proverbial elephant in the room which is too easily avoided and becomes too difficult to maneuver around.

The boy who cried wolf once too often stated the obvious, but in the end it wasn’t enough to alarm the townspeople because no one believed the obvious; and for the emperor who wore no clothes, the obvious had to be pointed out by a child who didn’t know any better, to a populace that should have known better.  Or how about Little Red Riding Hood — shouldn’t she have known the obvious?  Or does innocence bypass the excuse of ignorance such that we can overlook the faults of youth?

As it turns out, the obvious often does need to be stated, if only to remind us that the world of illusions we have created for ourselves cannot withstand the harsh reality of the universe within which we must survive.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows us to continue in our current Federal or Postal jobs, perhaps it has become abundantly obvious that Federal Disability Retirement must by necessity be the next step to undertake.  It is obvious.  It has been obvious for some time.  Yet, it takes you to state the obvious, even though your spouse, your coworkers, and even your own treating doctor have been telling you that for some time, now.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest you need the obvious to be stated once again: You need to file for Federal Disability Retirement benefits — now.

Sincerely,

Robert R. McGill, Esquire

FERS Disability Retirement: The Garden of One’s Mind

The metaphor has been used often enough; whether it enhances or enlightens one’s knowledge of one’s self is of dubious prospects.  The physical, objective entity identified as a “garden” is simple enough in being defined: it must include some plants and soil; perhaps a few rocks or boulders to enhance the natural contours of the landscape; and a person who “tends” to the garden — i.e., a “gardener”.

Can there be wild gardens without a gardener?  In other words, can you walk through a forest and come upon a clearing where there are flowers and various plant lives, and declare, “Oh, what a beautiful garden!”?  Similarly, can a person who lives in an apartment who has a collection of potted plants have the “right” to say to someone, “You should come and admire my garden sometime.”?

Purists may object to the application of the term “garden” to either of those described scenes, but a looser definition is still widely accepted in this modern age where malleability of language is a given.  Then, of course, there is the “stretching” of language’s boundaries by applying the metaphor of a “Garden of one’s Mind”.

What can it mean?  It often refers to the state of one’s mind: Of whether one has allowed for too much neglect and has failed to “prune” the overgrowth or let the weeds overtake; of failing to replenish the soil or allowed by disease and decay to overshadow.

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, the concept encapsulated in the metaphor of the garden is appropriate.

For, like the untended garden, the Federal or Postal employee who suffers from a medical condition must apply the same principles as the gardener who must begin to prune and replenish: decisions about the next steps, of what to cut out or whether one can leave things as they are; these are all contained in the metaphor within the Garden of One’s Mind, and it may be a first step to consult with an attorney who specializes in Federal Disability Retirement Law before making important decisions like career changes and leaving the Federal government.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Gathering

They come from afar, and wide across the expanse of multiple cities, towns, and whether from rural areas or suburban neighborhoods, the criss-crossing of America is a tradition reserved for those special holidays where families gather, friends reminisce and relations pick up where old memories had left off.  “The Gathering” may be a once-yearly event, or perhaps a couple of times, and only once in a decade moment; however often, whatever the occasion, it is a time of recollection, reminiscence, restoration and rejuvenation.

Sometimes, even a gathering with people you hardly knew, or didn’t particularly like, is enjoyable enough, and though you might in the middle of the chatter say to yourself, “Why am I even here?” —yet, it is the mere presence of belonging that harkens one back to the lanes of memories that will not let go, like the dog that has locked its jaws onto your pant-leg and will not release you until you have finally relented.

Of course, there are other “types” of gatherings that are not so enjoyable or which bring a sense of warmth and joy — as in the “gathering” of Supervisors or Managers in conjunction with Human Resource Personnel who attempt to subvert, initiate adverse actions and conspire to make the life of a Federal or Postal employee a “hell on earth”.

Federal employees and Postal workers who suffer form 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 are at a stark disadvantage when it comes to filing for Federal Disability Retirement benefits: Often, the Human Resource Office of one’s own agency is neither helpful nor mindful of the confidentiality of even asking a casual question.

A simple question like, “What forms need to be completed in order to file for Federal Disability Retirement?” — may suddenly lead to a wildfire of rumors and innuendoes concerning one’s motive, intention and future plans, and suddenly the “point-person” becomes the pariah and a gathering of managers and supervisors suddenly materializes like a an unexpected dust storm in the middle of the Gobi Desert.

Not all gatherings are equal; some are for the happiness of memories recollected; others, a conspiracy to initiate adverse actions and to undermine the future plans of a well-intended act.  For the Federal employee or Postal worker who must begin to prepare, formulate and file an effective Federal Disability Retirement application, “The Gathering” one should be most concerned about is the one to which you were never invited, so beware of the things you say, to whom you say it, and when you make the query.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Keys to the universe

When a metaphor turns into a reality that we all begin to believe in, the fantasies of our own making have become distorted and we need to begin the process of regaining the sanity once embraced but which is now lost in the surrealism of time’s warped viewpoint.  It is by simile, analogy and metaphor that one gains a greater understanding of circumstances, fields and subjects, but it is also by such vehicles that we can misplace reality with a virtualized representation of a universe nonexistent.

Sermons abound with metaphors involving a “key” to this or that; or even of those positive thinkers and corporate motivational speakers who talk about the 10-steps to this or that, the “ultimate key to success”, and similar such drivel that makes one think and believe in the existence of a singular implement that needs to find that lost sliver of hope, insert it into the corrugated slit cut into the brass knob that stands between success or failure — and suddenly, the doors unlock, the entranceway is cleared and one can step into the future yet unanticipated by the fullness of contentment.

Do we really believe that there is such a key?  How often do we speak in terms of a metaphor, a simile and an analogy, but over time our spoken words lose the clear distinction that the simile was meant to ascertain?

We begin with: “It is as if there is a key to the universe,” or, “It’s like having the keys to the universe.” Then, gradually, the “as if” and the “like” are dropped, quietly, unnoticed, like the short-cut that assured one of arriving earlier if only the right turn into the thick fields of the wild forest is taken with confidence: “I need the keys to the universe.”

No longer the metaphor, and certainly without the distinctiveness of the simile; the keys become the reality without the padded divide of recognizing that existence cannot be forced to appear in reality; our minds have tricked ourselves into believing.  Then, we often come to realize that the metaphor which purported to “unlock” (a metaphor itself following upon another) whatever it is that we believed was previously inaccessible was nothing more than a mundane process or methodology that we could have figured out ourselves — sort of like (there we go again with a simile) the Master Burglar who spends hours trying to determine the combination to a safe that had all along been left open by a careless bank clerk.

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, whether under FERS, CSRS or CSRS Offset, the “keys to the universe” of obtaining an OPM Disability Retirement are quite simple and straightforward: Prove that the medical condition prevents you from performing one or more of the essential elements of your job.

However, as the devil remains in the details, the simplicity of the metaphorical “key” to a successful outcome is not dissimilar (a double-negative that turns out to mean “similar”, sort of “like” a simile) to most such Keys to the universe: a systematic, methodological compiling of proof combined with legal precedents to cite in presenting a compelling tale to the U.S. Office of Personnel Management, such that the “key” is effective enough to “unlock” an approval from them.  Of course, as with all metaphors, the analogy is like the simile that refuses to be like other such metaphors, or so it is often said in the vicious circularity of language’s mysteries.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Season’s end

The cyclical nature of the seasons provides for comfort in its monotony of regularity; we are subject to nature more than we realize, and the onset of the next season means the end of one, the beginning of another and the endless cycle of repetitive regularity.

That concept, in and of itself, is a strange one, is it not?  Of “repetitive regularity”; for, can “regularity” encompass a series of elements without repetition?  And, is not repetition itself the foundation of regularity?  Is there a distinction with a difference to be made?

If a person goes to the same coffee shop every day, at the same hour, and orders the same cup of coffee each and every day of his life, we would describe that person as being a “regular”.  Further, we might describe what he does as “repetitive”, and thus would say of him: “He engages in an act of repetitive regularity”.

That perspective would be a fairly accurate one from an objective, outsider’s viewpoint.  But what about from the subjective perspective – from the person himself who goes to that same coffee shop each and every day?  He might say: “No, it is not repetitive, because each cup of coffee, to me, is a brand new one, just as each day I wake up is a new day; and, besides, I might wake up one day and go to a different coffee shop, and then you would not consider me to be a ‘regular’.”

Would such a statement be accurate?  Would it be truthful?  And what about the short time-frame within which we assign so quickly the label of “regular”?  From an omniscient viewpoint, would doing X for a month, a year – or even a decade – properly constitute “regularity”, when eternity is the standard by which it is being judged?

A season’s end and the next one’s beginning can certainly be considered as repetitive regularity; for, that is often what we rely upon as a security of comfort, in the very knowing of the next one coming. That is the insidious impact of a medical condition, is it not?  That it creates uncertainty, and suddenly repetitive regularity is no longer guaranteed, as if the season’s end may be its last.

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 duties, the medical condition itself may be likened to the season’s end.

Fortunately, there is the benefit of Federal Disability Retirement, however, and that may, as well, be likened to the repetitive regularity of a season’s end – only, it is the onset of the “next season”, and that is some comfort upon which to take refuge, like the flock of geese that fly south for the warmer climate of tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Medical Retirement: Imperfect lives

Is it a characteristic trait that must even be pointed out?  How, to begin with, did we even come to possess the antonym of that concept?  Of course, that is partly the residual argument made by medieval theologians as to further evidence of the existence of God – that in order to have come to possess the concept of “perfection”, there must by logical necessity exist a being of the sort such that we can even comprehend such an idea.

Thus may the converse of that argument be made:  that in recognizing our own imperfect lives, we must have recognized perfection as a contrast to our own state of existence; ergo, a perfect Being must exist.

Of course, there are fallacies to be pointed out in such argumentation (to which the ancients would immediately posit that there are perfect logical explanations, otherwise we would be unable to recognize the imperfect fallacies contained therein – and ad infinitum, ad nauseum), but in the end, what comes out is that there is no questioning a basic fact:  We all live imperfect lives.  That, in and of itself, is not the interesting part of the equation, however.

What is astounding is that, despite the recognition that we all live imperfect lives, extrapolated from the realization that it is impossible to live a perfect life, we nevertheless attempt to portray to others, and the world over, that it is simply not the case that we live an imperfect life, but that we come as close to perfection as possible, and it is only every other schmuck that lives an imperfect life, even though we all know that the other schmuck knows that we, too, live imperfect lives.

What evidence is there of that assertion?  Look at how people act on Facebook, Instagram, any and all magazines that contained the air-brushed images of pictorial perfection – we all fear to reveal the ugly underbelly of reality, and attempt instead to show how near-to-perfection we live.  Or, the secondary argument goes, if we don’t live perfect lives, we come as close to humanly possible.

And if that one doesn’t quite convince, then the use of a rhetorical device:  Well, what choice do we have, in the end?  That’s the point; in the end, the living of an imperfect life is greater evidence that such a characteristic is not necessarily any fault attributable; it is just the natural state of a decomposing body, a deteriorating mind, of organic matter that is exposed to the influences of the world around.

For Federal employees and U.S. Postal workers who realize that a medical condition is preventing the Federal employee or Postal worker from performing all of the essential elements of one’s Federal or Postal job, the recognition that we all live imperfect lives is an important one.  For, what often prevents the Federal or Postal employee from initiating the necessary steps to secure a Federal Disability Retirement benefit is the fear that others may “think” that to prepare, formulate and file an effective Federal Disability Retirement application, first through your own Human Resource Department, then on to the U.S. Office of Personnel Management, may reveal the underlying imperfection of your life.

Don’t worry about it; if you haven’t figured it out, the “others” who may think that you are imperfect for doing what needs to be done, are imperfect as well.  Really?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability: The Chasm between Expectation and Reality

Expectation constitutes the anticipatory goal to be attained sometime in the near or far future; reality is the actualization of the potentiality of one’s imagination.  That anticipatory potentiality, however, can be formulated based upon numerous factors, including:  baseless imagination (more of a child-like quality); desire and hope (with perhaps some admixture of factual context and content, and somewhat of a more mature basis); or sequences of planned actions culminating in a realistic fulfillment based upon actual circumstances analyzed, deliberated upon and ascertained (a mature consequence of purposeful strategies formulated and initiated).

The chasm which exists between one’s expectation, and the reality of fruition, retrospectively reveals the state of maturity (or immaturity) of one’s soul.  That is why gamblers and lottery tickets abound; for, the play upon adolescent wants and desires portends of dreams unfulfilled, desires still unrestrained, and creative imaginations unbounded allowed to wander aimlessly.

For Federal employees and U.S. Postal workers who expected one’s own agency to embrace loyalty and constancy of support just because the Federal or Postal employee showed such honorable characteristics for many years previously, and perhaps for more decades than the half of one’s lifetime, the chasm of reality often hits hard.

Medical conditions can often be “accommodated“, if only in a loose, non-legal sense of the word.  But it is amazing how people and organizations suddenly become quite “legal” in matters where honor should prevail; and in that sense, to be “accommodated” takes on a new and restrictive meaning.  Medical conditions often bring out the worst in people and organizations, and concepts involving the humanity of one’s soul no longer become relevant, but mere irritants to be legally sequestered in order to protect and deny.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties, 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, is often the last bastion of hope — hope which bridges the chasm between expectation and reality, and one which sets the path for future security upon the solid foundation of a reality which one may want to shy from, but which one cannot escape in this world of love, hate, humanity and cruelty — the compendium of that complex animal called Man.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Simplifying the Complexity of a Case

Have you ever had a technical person explain things in the mysterious jargon of his or her specialized field?  Or, the one who breaks it down into coherent components and translates it into a language game which is comprehensible?

Those in the former category are usually quite impressed with themselves, and are happy to hear the sound of their own voices as the supposed explanatory interlude maintains a semblance of technical competence superior to the audience of targeted turmoil.

The latter populace does what few have come to recognize:  competence is not determined by mere superiority of technical knowledge, but the ability and capacity to apply the knowledge, reduce it to its simplified contents, then provide an explanatory foundation through reduction of complexities into manageable form.  Otherwise, the esoteric nature of any discipline will be governed by every schmoe who can master the language game, without actually acquiring the technical expertise in the application of select knowledge.  For, in the end, the test of sincerity of words is not a compounding of further words, but of actions following up with a revealed understanding of both what was said, as well as done, in any given context.

Similarly, the fact that the salesman can talk the lingo of technology does not mean that he or she can fix a broken computer; it just means that the salesmanship is a learned volume of nice-sounding paragraphs.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the entrance into the universe of Federal Disability Retirement may be an option which must be entertained.  It is a surreal world of new terms, technical contents and definitional strangeness which constitutes a complexity beyond mere words, simply because the consequence of decisions made today will impact choices governed by tomorrow.

Can the complexity of the Federal Disability Retirement process be simplified such that comprehension of the bureaucratic procedures can be understood for its administrative context in the importance of both process and substance of content?  Because Federal Disability Retirement involves statutes, regulations and court case-laws of precedence from previous cases challenging various aspects of the process and substantive issues, the complexity of the entire venue is based upon the cumulative aggregate of decades in the making.  But of that larger universe of process and procedures, what splinter and slice is actually relevant to one’s particular case?  Probably a very small portion.  That is the focus which should be taken.

When one enters an arena of mystery, it is difficult to determine the relevance within the context; and relevance requires selective content and re-creating of one’s own context.  For Federal and Postal employees who need 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 importance of simplifying the complexity of one’s own case should be governed by information, knowledge, and selective application of relevance and required completion of necessary content.

Try this for a change, as a test of the principle of knowledge and application:  enter one of those chain-gadget stores and hand the know-it-all salesman a gadget needing repair, and see the language game of competence turn to a stuttering paragraph of excuses and explanations about how the complexity of the component is simplified by the simple justification:  Not my Department.

Sincerely,

Robert R. McGill, Esquire