FERS Medical Retirement from the OPM: The Strategy

Is it always necessary to possess one?  Must one always have to be able to articulate it before moving forward?

How would you respond and react if, say, you were in the military and about to embark on a major mission, and your platoon leader turns and says to you, “Now, this is a dangerous mission and we have to do it, even though we don’t really have a strategy as to how we will go about accomplishing the mission.”  Would such a statement empower you with confidence?

Or, would you smirk quietly and whisper to the person next to you, “Wow, that’s a confidence builder!”

Or to a child who one day declares, “I’m going to be a billionaire!”  Would you suppose that such a declaration is without a strategy because of the age and youthful exuberance exhibiting folly?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, it is important to have a strategy — a thoughtful, sequential plan of how to go about preparing the application; what legal arguments to formulate; when to file.

Contact a Federal Disability Lawyer to discuss the further particulars of your case — one who specializes in Federal Disability Retirement Law exclusively.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement Benefits: Of human endurance

We marvel at the cheetah, at the graceful way in which it can outrun a prey, overtake it with such effortless ease and kill its target with efficiency and purposive aplomb; but of a longer race, we all know that only endurance can defeat such focus of a killing machine.

Endurance is the unique reserve of human beings; for, what other animal can withstand the overload of stimuli bombarding each of us on a daily, persistent and incessant basis?

The city dweller who must contend with the noises unrelenting from all directions; even a drive through the countryside requires such focus and concentration to avoid pitfalls and potholes; and, of course, daily living in the modern era can no longer allow for a quiet, plodding existence in a pastoral setting where the milkman arrives to deliver morning freshness and the bells of a church can toll in the midday sun of lazy summers.

Of human endurance we think is limitless, and so technology marches on, ever creating faster and more efficient interconnections, and with each new invention we are told that — not only will it save us time and allow for greater comfort — hardships will resolve and melt away.

Certainly, the minimal technology has brought comfort to us all — you know, those things we take for granted, such as electricity, central heating, air conditioning, etc.  But of the Internet — of this constant need to be “connected”, and to amass hundreds, thousands, and tens of thousands of “followers” or “friends”; of human endurance, can it be withstood?

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, it is the test of human endurance that is often the issue.  For, how much more can a person stand?

Things were once going “smoothly” — if by “smoothly” is meant that one’s existence with the balance between work, family, rest and health had been maintained within a tenuous string of efficiency and lack of disruption.  But once the medical condition was added to the mix, suddenly the test of human endurance was being stretched beyond its limitations.

That is what FERS Disability Retirement is meant to alleviate — the overload of stimuli, responsibilities, the proverbial “to-do list”, etc., in order to focus upon the one thing that both cheetahs and human beings require in order to test the limits of endurance: health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Battle of Spring

There are various “battles” of historical import, including “The Battle of Britain”, “The Battle of the Bulge”, and many others besides, whether popularly so named or forgotten within the annals of history’s short memory.  Then, every year, around this time where April and May meld into a battle of morning frosts and potentially damaging tug-and-pull between winter’s discontent and spring’s yearning for the robin’s call, we wake up one morning and realize that the desolation of winter has finally passed.

Isn’t that how life is, often enough?  There is that in-between period, where tension remains and uncertainty abounds, until the final resolution appears unnoticed, like the unwanted friend who stays beyond the welcoming time of twilight conversations only to finally depart, and the unpleasantries exchanged during conversations left imagined fade into the inglorious memory of yesterday’s sorrows.

Medical conditions, too, are a “battle” of sorts, and create a tension that will not let go, will not release, and will not give up despite every attempt to ignore, placate and shun.  The stubbornness of a medical condition cannot be ignored; its impact, unwilling to be forgotten; and its tension, unable to be released.

That is why, 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, the tension and anxiety formed by the very existence of the medical condition is likened to the many “battles” that we face in life.

Perhaps it is a metaphorical observation; and like the allegories that give life-lessons, maybe there is an underlying meaning that can be extracted from the trials endured.

In the meantime, what the Federal or Postal employee needs to do, is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to release the tension that exists between work and life, work and medical condition, work and ….

The Battle of Spring will come and go, just like all of the other “battles” that have been fought throughout history; and this private battle against the medical condition itself is merely a private friction that also needs to be fought, on terms that create a more level playing field by consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Profiles in Discourage

It is, of course, an obvious play off of the 1957 Pulitzer Prize winning work (publication date of 1955), describing 8 U.S. Senators who displayed courage in the face of criticism (an inherent oxymoron?).  Whether or not, and to what extent, Kennedy himself wrote the work (Ted Sorenson, John F.’s speechwriter, finally conceded in his 2008 autobiography as much) has become historically irrelevant, for the legend has become the man, and has replaced the truth of clear lines that once constituted the demarcation between fantasy and reality.

Ancient references to “Camelot” and metaphors about some obscure “torch” being passed through a generational transfer of linguistic fluff, have all cumulatively obscured the stark nakedness of that which makes people and events accountable.  The irony of real life always goes well beyond any fictional attempt to deceive; at least, by designation ascribed, we know what to expect of the latter; but then, there wouldn’t be anything like irony without the absurdity of the former.

Look at the recent allegations of the murky money-trail from Malaysia as the source of funding for the movie, “The Wolf of Wall Street”; how much more deliciously ironic can it get, where a movie depicting blatant corruption is paid for by the very manner in which the moguls of Hollywood are allegedly attempting to make a point about?  What prompted the short-cutting which undermines the title of the work credited to the 35th President?  Is it merely the old adage that the “ends justify the means” — and that not writing a work but claiming its authorship is allowable because the greater good of fame and the road to the presidency will account for such deception?

It is, in the end, the title itself which makes for the irony; for, in a work which describes the integrity and character traits of the subjects within, it is precisely the lack of such which presumes a contradiction without.  And that is the connection with Federal employees and U.S. Postal workers of today — for the entities which employ them represent the “official” face of this country, and yet the way they treat Federal employees and U.S. Postal workers when Federal employees and U.S. Postal workers suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of the Federal or Postal position, reflects upon a discernible and palpable profile in discouragement (the suffix is added to make the sentence grammatically correct, although poetic license has been taken in the caption of this blog with the title, “Profiles in Discourage” in order to remain consistent with its alter-ego of the work by JFK and Sorenson).

One could argue, of course, that because there is the statutory right of all Federal employees and U.S. Postal workers to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, therefore any maltreatment or mistreatment of a Federal or Postal worker based upon the medical condition becomes a moot issue.

But that is precisely the point — treatment of the Federal employee or U.S. Postal worker in the process of engaging the long and arduous bureaucratic process of filing an OPM Disability Retirement application, should reflect an integrity of cover-to-content.  For, in the end, it is not the cover, nor the first impression which matters, but like the historical characters which are insightfully described in the book itself, the title should always match its claimed authorship.  But, then, of course, we would be left without the delicious irony of man’s daily folly.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Ballerina’s Pirouette

It is an awkward word to pronounce, and even more difficult to perform; but a full turn of the body on one’s toe or the ball of one’s foot, multiplied at dizzying speed while the world remains still or aghast with onlookers of disbelief, is but a day’s work for the stage performer.

Practice makes perfect, and the time, energy, pain and history of falls and mistakes preceding a single performance before an audience anticipating unsteady bouts of dizzying falls, where simple tasks of walking or standing are the only points of contextual reference and understanding, it is indeed an amazing feat of grace, balance, determination and pinnacle of human perfection.  It is a showcase of physical coordination:  the capacity to find the center of gravity upon a singular digit of extremity, and to twirl without falling from grace.

Human tragedies are like metaphors of such acts; for, as the world remains still, one’s own universe spins in a twist of timeless moment ensconced without empathy or consideration by others.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s positional duties, the circumstance itself is likened to the act of a ballerina’s pirouette:  one’s own world is a twirl in time, while the greater objective universe remains impassive, dispassionate, unconcerned and mere observers of an inner sanctuary gone mad but from all appearances remaining the same.

It is difficult to convey in a persuasive or convincing manner such conceptual anomalies as “pain”, “depression”, “cognitive dysfunction”, “radiating pain“, “despondency”; words are not experiences, but they are the vehicle of transference for comprehension, understanding and relational convergence.  Watching the act of a pirouette is not the same as experiencing it; but finding the right words to describe it can come as close as possible for the necessary intersection of understanding.

For the Federal or Postal worker who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the ability to perform a pirouette is not a requirement, and it is not even mandatory that one can properly pronounce the word without a twisted tongue.

What is required, however, is to be able to convey effectively the spinning universe as experienced by one’s medical condition, such that the administrative specialist at the U.S. Office of Personnel Management can come as close to the experiential context of one’s deteriorating human condition as possible by a formulated convergence of concepts communicated via the greatest singular tool of Mankind:  the written word.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Happiness Principle

A society’s trending obsession is often reflected by the backdrop of books written, published and popularized in culture corridors of mass media; and so the Oprah of timeless celebration never loses its luster for belated works attempting to keep pace with the commercialization of principles which once may have been considered seriously.

Plato and Aristotle addressed the issue; Existentialism arose from the ashes of war, and sidestepped it by considering the bleakness of the human condition; but in the age of technology and the optimism blanketed through mass dissemination of information, the focus has shifted from essence to residual results, where the natural consequences of X becomes the focal obsession of Y.  Happiness was once, in a time of yesteryear, an afterthought to survival, secondary to ethical conduct, and tertiary to a productive life.

Today, it seems that the principle is the primary goal of living, as organisms and amoebas naturally tend towards food sources.  Beyond the happiness principle, however, is the undeniable fact that it cannot be attained when certain interrupting forces blockade and obstruct; and pain, psychiatric conditions and medical disabilities certainly fall into that category.

There is, then, the condition itself (the medical condition) which impedes the happiness principle; and administrative processes (such as Federal Disability Retirement, filed through the U.S. Office of Personnel Management) which constitute a bureaucratic obstacle to corollary life principles.

Obtaining Federal Disability Retirement benefits through OPM does not and should not pretend to resolve medical issues; but it does allow for the Federal or Postal employee to attend to the primary concern underlying one’s life — the medical condition itself. Often, we confuse the essence of a thing with the appearance of that which presents itself to us.

For the Federal employee and the U.S. Postal Service worker, it is important to understand that preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is not the “end all and be all” of attaining the ultimate goal, but rather part and parcel of multiple components which, like pieces of a puzzle, need to be gathered, sorted and organized in order to create that collage of life called contentment.

Thus the “happiness principle”:  perhaps not the destination to be confused, but the quality of the ride to get there.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement: The Pigsty

The term implies a negative connotation; of a messy, untidy area,  as well as denoting an unsanitary condition; but beyond the association, an undeserved reputation that the inhabitant lives by choice in such a state of disarray and uncleanliness.  But pigs by nature do not choose to live where feces and food mix; rather, the forced confinement within minimized living quarters results in the undeserved reputation.

That is often how Federal employees and U.S. Postal workers feel when they are in the middle of 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 — like being in the midst of a pigsty.

Tidiness is not the normative process; stuff happens, and the euphemism of human waste seems to hit a proverbial fan.  The medical condition itself seems to force the unpleasantness; agencies respond by placing greater and more onerous demands and constraints upon the Federal or Postal employee; and the admixture of that which should be left separately, becomes commingled and the professionalism once prided upon is swept out the door.

Suddenly, the Federal or Postal employee is not considered the “rising star”, and performance reviews of superlative heights are no longer a given; Supervisors and coworkers walk by with cold shoulders, and empathy and understanding are human emotions forgotten and shunned.  All throughout, the Federal or Postal employee must deal with the medical condition itself, and then some.

Filing for Federal OPM Disability Retirement benefits is always a stressful time, and one where an ordered and orderly state of affairs is temporarily suspended.  But when once the sought-after condition is achieved, and the prioritized focus upon attending to one’s medical conditions can be attained, time allows for the past to fade away into a desultory dream of distant calling, where the pigsty of past lives is replaced with a pastured plateau of new beginnings.

Sincerely,

Robert R. McGill, Esquire