Legal Representation for OPM Disability Retirement: Later editions

Later editions are never as valuable as the First Edition, unless of course something additional has occurred, like the author’s inscription and signature, or a typeset error which is limited in number, or perhaps a reissuance but for a “limited number”, and sometimes as an “anniversary” reprinting, especially and again, if the author or progenitor has signed such a copy.

People follow upon such objects of value; for, as such artifices are mere human conventions, the behavior towards such creations reflect the conduct of man towards his fellow man.  Thus do we treat “later editions” with reduced fanfare; the old are replaced by the new every day, and “first editions” — of a new employee, a rising star and other more recent arrivals — are accorded greater degrees of “oohs” and “ahhhs”.

One might counter that “First Editions” should instead be identified, as a metaphor for human beings, as those who have remained for the longer period of time, and not accorded such status to newcomers; it is those who “come after” who are the second or third impressions, and should be acknowledged as “less valuable”, and not more.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is often the case that your “value” to the Federal Agency or the Postal Facility seems to have diminished as Second editions and Third impressions come upon the scene.

Look at the beauty of First Edition books, for example — often with some wear, and maybe even a tear, but it is the worn state of condition that is often compensated for by the years of experience for which the deteriorated condition can be valued, yet does the “bookseller” treats the later editions as more “valuable” than the stated First Edition?

Medical conditions are likened to the worn look of a First Edition book, whether signed or not, in this society where it is the Second or Third Editions that are too often treated with greater respect.  If that is the case, then it is time to consider preparing, formulating and filing 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.

Perhaps that dusty old First Edition will be better appreciated elsewhere, all the while receiving a Federal Disability Retirement annuity and growing in value.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Persistence versus giving up

The latter should never be an option, although it is too often contemplated; and the former requires either a dull sense of reality or an in-born stubbornness that refuses to acknowledge defeat.  Both are often the result of the countermanding characteristic of the opponent who relies upon the fact that a certain percentage of the population either lacks the characteristic of persistence or otherwise will ultimately give up with nary an effort or will to fight on.

How many battles in history’s billfold of forgotten memories resulted in defeat because of a ruse portrayed by the enemy?  It is the bold pretension that tests the resolve and allows for victory or defeat; the knowledge that there will always be a certain number of people who, upon facing any resistance or adversity, will simply “give up” and surrender.  Thus is it left up to those who will persist no matter the challenge, where adversity and contention will be endured no matter the cost.

For Federal employees and U.S. Postal workers who enter the arena of a Federal Disability Retirement process, one should always expect and prepare each stage “as if” the battle at the next stage will ensue.  If a denial is issued by the U.S. Office of Personnel Management for a Federal Disability Retirement application, of course it is going to be written and conveyed “as if” the case never had a chance, “as if” none of the medical evidence had any relevance or significance, and “as if” you don’t even come near to meeting the criteria for eligibility for Federal Disability Retirement.

By sounding “as if” you never had a chance and failed miserably to meet any and all legal criteria for eligibility, OPM is banking on your lack of persistence and the concomitant reaction of simply giving up.

However, persistence is the key to success, and giving up is merely a prelude to a victory near at hand if only one steps back, takes a deep breath, and realizes that, from the very beginning, Federal Disability Retirement was never going to be an easy road to bear — but a consultation with an experienced attorney may well lift the burden of the beast where persistence is the key and not giving up is the pathway to a successful outcome at the next stage of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Art of Expression

The title itself plays upon multiple meanings and combinations of words otherwise with connotations and implications intended within a panorama of conceptual constructs utilized in everyday discourse.

‘Art’ itself is an expression of sorts; “Expression’ is both a form of ‘Art’ and an actualization of it; and so to refer to the ‘Art of Expression’ is not merely somewhat of a redundancy, but further, a tricky combination of two entirely separable concepts, independent and yet expressing [sic] a specific duality of meanings.  Expression, whether of the verbal sort or, as in this instance, of the written variety, is indeed a form of art.  It is so by default.  Not being a discipline of precision; not anywhere near a science of any sort; not an academic major or even a subject that can ever be fully mastered; it is, nevertheless, an art form that thrives or places an indelible blemish upon the language of one’s upbringing.

Good writing, concise discourse, proper grammatical usage and persuasive argumentation in delineating a perspective and point of view continues and remains an art form that is lost in the daily plethora of linguistic garbage.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition requires the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, to ponder preparing an effective Federal Disability Retirement application, consideration must ultimately be given to the art of expression when formulating the answers to SF 3112A, Applicant’s Statement of Disability.

In preparing, formulating and putting the final edits and touches upon one’s Statement of Disability, the Art of Expression must be considered:  Does it adequately describe your medical conditions and the symptoms experienced?  Do the legal arguments persuade?  Does the medical documentation support the statements put forth?  Does the statement paint a picture of coherence within a universe of incoherence engendered by the medical condition itself?  Is the nexus sufficiently created between the medical condition and the positional duties?  Has one applied the principles of Henderson v. OPM, the Bruner Presumption, the Simpkins application, the Bracey Principles and multiple other legal underpinnings?

The Art of Expression is the capacity to pull together the vast compendium of expressive resources available, and the first step in reaching that goal is to consult with an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Circumstances and choices

When is it too late to begin reflecting upon one’s circumstances and choices?  Do we already do that daily, and does the length of rumination engaged depend upon where one’s station in life has reached? Do old men and squeaky rocking chairs justify such reflective modes of behavior, or do the young as well take the time to ponder upon choices made, circumstances encountered, and the spectrum of clashes in between?

Do we formulate a fauna of false representations of ourselves, and depict upon the screen of a mind’s inner movie of the “self” with edited versions so that, when queried, we can make those “bad mistakes” of past choices appear to fit into circumstances where we can innocently declare, “I had no other choice!”?  We “make the bed we lie in”; suffer from the “messes we make of our lives”; or of what other adage or declarative falsehoods may we come up with to excuse our own choices in life’s travail of valleys full of mournful echoes?

Circumstances often dictate the choices we make; or, at least the metaphor of “dictation” leads us to believe.  For, the very idea of “X dictates Y” as in the previous statement, “Circumstances dictate the choices we make”, removes us of the responsibility in making the choice, by making it appear as if the choice made is not really a choice at all, but merely an action that is necessitated and you are therefore merely an unwilling agent.

What is lost in such discourse, of course, is the lengthy history of sub-choices previously presented and ignored, where choices that could have been made before circumstances became so dire that the narrowing of alternatives dissipated until a crisis point came to the fore — that is where circumstances and choices require careful analysis before the alternative juncture of varying pathways disappear.

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, whether under FERS, CSRS or CSRS Offset, it is important to early on recognize the circumstances unfolding and the choices presented, before the multitude of “forks in the road” begin to disappear, and life’s circumstances begin to impose — not binary choices — but choices that begin to dictate.

Preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management may not seem like a choice that one wants to undertake, but it is often the circumstances that one has no control over that dictates the future course of choices, and not the choices themselves.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Morning quietude

It is that early morning time when dogs remain still, mice scurry about and the soft snore of distant somber drifts down hallways without traffic of daily discourse.  Morning quietude is a slice of a coming day before the tumult of life begins.

Modernity possesses a level of activity heretofore untried and unimaginable; the constant barrage of emails, the connectedness that everyone feels pressured to comply with; the fact that we are glued to technology, dependent upon it, anticipating it for satisfying our every needs; and beyond the storms of everyday living, there is still a need for that brief period of morning quietude.  It is, in many ways, an extrapolated slice of a metaphorical interlude; for, like the stages of a linear life itself, there are periods of extremes that can be charted on any graph that reflects the daily heights and depths of human activity.

The other side of the spectrum, of course, is the nighttime rest – whether of the need for a period of “down-time” before turning in for the night; or even of sleep itself: how difficult, whether immediate or preceded by a period of insomnia; or even of tossing and turning throughout each night, every night.  Then, morning quietude dawns.  Does it last for very long, or will the rush of the day’s noisiness shatter any semblance of peaceful calm?

Medical conditions are likened to those mornings shaken and interrupted.  For, with unexpected rudeness, they awaken us from that slumber we feel where we were once immortal, invincible and unchallenged.  Then, one day we wake up and realize that we are all too human, and our bodies deteriorate, our minds begin to slip.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates one to begin considering 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, it is like that interruption of morning quietude that finally makes us realize that one has no choice in the matter.

Just as the peace and calm of early morning cannot last forever, so the Federal or Postal employee who cannot perform one or more of the essential elements of one’s Federal or Postal job cannot sit idly by and watch as events continue to deteriorate at one’s job, in one’s personal life, and the clash between health and work.  Filing for Federal Disability Retirement benefits is the next logical step after the morning quietude is broken – when the mice no longer make noises and the dogs begin to bark.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Maintaining a schedule

We all abide by them, strive to meet them and toil to achieve them.  We claim that we control “it”, but in fact, it often becomes the monster which completely constrains and restrains, overpowers and undermines.

Maintaining a schedule in life is important.  Some, because of unknown past issues or current difficulties, cannot stand by and allow for a violation of it; others, with more daring personalities and flighty egos, defy it deliberately and result in floundering about without a purposive intent or constructive content.  Maintaining a schedule is often essential to the daily lives of all; for those who have certain learning disabilities, it allows for a structuring of a universe which would otherwise appear chaotic and undisciplined; for others, the very structure imposed restricts the inner creativity of brilliance, and we are left with the genius who follows no man’s path.

Babies and children do well with it; the creative genius who is always distracted by the brilliance within his or her own subjective world, often cannot abide by it; but the rest of us follow a fairly monotonous routine and stick close to it, if only by excuses given of being “five minutes late” or the sorry excuse that the bedside alarm clock failed to rouse us.

Then, there are companies and agencies that seem to fall apart at the seams, where overwork, underpaid staffers and unreliable workers seem to disrupt that most important of schedules – meeting deadlines.  Then, there is the incongruence between one’s personal schedule and the schedule of another entity, and when the two fail to agree or work in consonance, then frustration begins to develop.  The tumult of frustration is often based upon the chasm that occurs between what one expects and the reality which unfolds.  Closing that “gap” is the solution to one’s growing frustration in this world.

For Federal employees and U.S. Postal workers who need to, are about to, or have already filed a 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, the key to containing one’s frustration over the time-period that the U.S. Office of Personnel Management is taking, extending, violating and ignoring in performing their duties in approving or denying a Federal Disability Retirement application, is to recognize that their “schedule” is one of complete and utter power, and that the Federal or Postal Disability Retirement applicant is in a position of complete powerlessness; and, on top of that, to maintain a schedule apart from what OPM does, while one waits for an outcome that is hoped to be favorable.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: What we believe

Belief is a funny animal.  So long as what one believes is never uttered, one can change them from day to day, or even from one hour to the next, without consequences attached.  Of course, you can do that, anyway, and many do in this day and age.  Once spoken, however, a belief takes on the figurine of a furnace-fired ceramic piece; to change is safe only in engaging the linguistic language-game with those who never heard of the belief, but there is a danger that such third parties could report back to the first party to whom the belief was conveyed.  Then, of course, there is the potential charge of hypocrisy.

On the other hand, there is always the disarming disavowal that it was all merely a “misunderstanding”, or perhaps that the other person didn’t get the “nuance” of the utterance; or the catch-all detachment:  “I was joking”.  Facts, of course, can alter beliefs, and that is supposedly acceptable because one has evolved through maturation of knowledge (unless, of course, you are running for political office, in which case you are reserved the allowable space to maintain the cognitive bifurcation like a schizophrenic, concurrently holding a “private belief” while concomitantly stating a “public stance” on certain sensitive issues).

Further, beliefs can become transformed via genetic, life-stage or “aha”-moments; the first because of some recognition that the wired-DNA that constitutes the “real” self has finally been revealed; the second, because there are recognized stages of living – of those prepubescent years, of middle-aged crisis and menopausal breakdowns, or in the end, just because a spouse and his or her lifetime commitment “grew apart”; and the third, by religious conversion and the “road to Damascus” experiences which allegedly justify a transcendent transformation.

In many ways, they are like opinions, though purportedly of a higher order.  Of opinions, it is often said that we all have them – of no greater consequence than the urgency to utilize the bathroom, with the latter having greater significance than the former; but of beliefs, they were once contingent upon study, reflection, coherence and rational methodology.  Somehow, in the linear progression of Darwinian evolution, the higher order of thought processes lost its way, and the meandering of human folly became the prominence of epic conundrums.

We have come to a point in human history where, what we believe is of an irrelevancy based upon our lost hope in discarding reverence.  For, the “what” must have a prefatory methodology, and that foundation was the reverence for creation.  We no longer believe “in” anything, because we no longer have any faith in anything of consequence.  Without awe, the human factor of hope, and therefore of belief, becomes a vacuity of thoughtlessness.  As all of creation is constituted by material equivalence, so our beliefs are of no greater worth than the gaseous ethereality emitted from the guy sitting on the next stool.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may necessitate 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, the loss of belief is an important factor to recognize – for, the one saving constancy throughout is that there still remain “laws” which people, agencies and even the U.S. Postal Service must abide by.

Adherence to the law is often the only saving grace in the craziness of this world, and knowing it, applying it and arguing it in meeting the preponderance of the evidence test, is the best way to avoid that catch-all dismissive, that it is all merely “your opinion” as opposed to “my belief”, when in fact pointing out the precedential case-law and arguing the statutory basis is precisely what is needed to get beyond the irreverent assertion of that which we believe.

Sincerely,

Robert R. McGill, Esquire