Tag Archives: retire after reasonable accommodation request was denied federal employee

FERS Disability Retirement: Who, What, When, Where, How…

The basics of High School Journalism class provide the content of every good narrative in order to inform the reader of the “news of the day” — who is involved; what occurred; when it occurred; where the event occurred; how it impacts the community, the reader, the bystander, the spectator, etc.

A newspaper article is quite different from other forms of writing, for it is meant to inform the public, and the specific reader who purchases the newspaper, of “current events”.  More and more, local newspapers are being bought up by large corporate entities, and the very “local” nature of the newspaper becomes lost as a result.

There are, of course, different types of writings, such as novels, biographies, autobiographies, as well as subsets of genres — of “crime” novels, “romance” novels, and more recently, of the type which Truman Capote created in his “Nonfiction Novel”, In Cold Blood.

In the end, however, all narratives of every genre contain — in one form or another — the identifying content of Who, What, When, Where, How, and why; and preparing a Federal Disability Retirement under FERS is no different, albeit through the genre of the Standard Forms of the SF 3107 series and the SF 3112 series.

Who is the applicant; What medical conditions are being asserted; When did the onset of the medical condition preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job occur; Where does the Federal Disability Retirement applicant reside, and with What Agency?  How does the medical condition prevent the Federal employee or Postal Service worker from performing one or more of the basic elements of one’s Federal or Postal job?

And, while the reading may be rather dry and uninteresting for most, it must — like all narrative genres of every kind — be persuasive as to its core point of the plot.  To assist in making sure that your narrative in a FERS Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, becomes the next “best seller” by becoming approved by OPM, contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law.

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: Going It Alone

Perhaps the maverick wins, or dies while trying and is buried anonymously in an unmarked grave; or the soldier who leaves his platoon and attempts to go behind enemy lines to save his buddies; or in a city of millions, a lonely heart who yearns for mere company but is too shy to even try.

Going it alone is a lonely proposition; it invites a sense of isolation, separation, abandonment and irrelevance; for some, it is a mark of courage; and for others, a mere trifle of the fool.  Perhaps there are times when it is appropriate to “going it alone”; for the most part, however, in this day and age of expertise and specialization, it is necessary to consult the advice, counsel and guidance of knowledgeable sources.

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, going it alone is often an unwise and inadvisable approach in preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management.

Consult with a Federal Disability Retirement Lawyer and consider whether or not investing in your future is a worthwhile endeavor, and whether “Going it Alone” is an act resulting from an intelligent decision, or a fleeting thought best left to Shakespeare’s Fool.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Pragmatism

It is that branch of Philosophy which is uniquely American; and the anomaly of the unwanted cousin was clear from the outset: Philosophy by its very nature is theoretical, and most of it dabbling in the discipline of metaphysics, ceding its other branches to theology and science.  Pragmatism, on the other hand, lends to the practical — of reacting to the world in terms of present-day difficulties and problems to be solved; of shunning the theoretical and attending to the basic needs of society.

The contrast and contradiction of a philosophy based upon practical needs as against the backdrop of an academic discipline which embraces the impractical, but rather enjoys its reputation for high-minded principles (i.e., Kant, Hegel, etc.) makes for a Jamesian pragmatism to be the illegitimate cousin of a well-respected family tree.  We are all dreamers by morning’s child; more practical by midday’s youth; and pragmatists upon an adult’s late evening; for the world forces the theoretical to be squeezed, and pragmatism brings out the harsh reality of existence.

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, pragmatism may necessarily dim the dreams of yesteryear: A career in the Federal Government no longer possible, a practical approach must be taken — of preparing, formulating and filing an effective Federal Disability Retirement application.

Consult with a Federal Disability Retirement lawyer, a specialist who can advise, guide and counsel throughout the process, and begin preparing for the reality of responding to an all too-pragmatic bureaucracy.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Childhood wishes

We had them; some of us still remember and harbor them like sacrosanct relics of priceless value; and still others know of them and recollect some general idea long forgotten, once delighted in, but now rotting in the vestiges of abandoned buildings hollow but for the frame that haunts in the midnight moon.

Wishes remain throughout one’s life, whether in the stage of adulthood or old age; but it is the childhood wishes one remembers that reveal the empty soul of what one has become, may still be, but struggles to abandon with a hope for tomorrow.  Some of them may be set aside as silly thoughts of an immature time; others, a revelatory insight into who we were, what made us become what we are today, and a telling hint of our present-day bitterness of embattled constitution.

Perhaps it was a love thwarted; a Dickensian tale of another Scrooge who foolishly wanted to pursue one pathway at the cost of another; or, maybe the childhood wishes were merely promises of correcting the sorrow of yesteryears, where neglectful parents and inattentive love left one yearning to promise corrective action when one became a parent yourself, but somehow such commitments were waylaid by daily life – of money troubles, relationship squabbles and expectation bubbles bursting by fits and starts.

It used to be that, before the age of Facebook and obsessive hounding for revelatory information about past friends and acquaintances, people would try to “better themselves” when they went away in order to come back and “show them” how successful one had become upon the glorious return and reentry at gatherings such as high school and college reunions – much like the Tom Sawyer effect of coming back from the dead – but not anymore, as everyone already knows everything to know about everyone else before such a re-gathering is effectuated.

At some point in one’s life, the comparison between childhood wishes and the reality of a daunting world magnifies the contrast that leads to an inevitable conclusion: the naïve innocence of those former times either worked as a detriment, in which case cynicism prevailed; or, those childhood dreams allowed for an expansive, healthy and positive outlook such that they provided a foundation for growth and potential for happiness.

For Federal employees and U.S. Postal workers who are struggling with 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 job, perhaps contemplating 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 the next step beyond for one’s future and security, and thought to be the “end” of something.

The difference between the two approaches may be nominal, or momentous, depending upon how one looks at it.  Is it like the proverbial attitude of the “cup half full” or “half empty”?  Or, is it because childhood wishes were never resolved, and that lonely and unhappy child one remembers never quite grew up, and the debilitating medical conditions now recall the dreams never realized, the hopes barely reached, and the potentiality not quite cultivated to fruition?

Look at it this way: Medical conditions are a part of life and daily struggle; filing for Federal Disability Retirement benefits should not be viewed as either the end-all or the be-all, but a necessary next step with a view towards advancing beyond the childhood wishes one still awaits to fulfill.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: Perspective

It is a different species from either judgment or understanding; for, of the former, it is often the basis and foundation to make one; as to the latter, it is the result from the procedural content in order to attain it.  Perspective is an admixture of multiple components:  experience adds to a balance of it; proper facts relate to the accuracy for it; consideration of judgments others proffer enriches it; and the capacity to connect all of the information gathered and provide previously unimagined ties within a historicity of intersection, relevance and significance of balance empowers it.

To possess it is to fail to react merely to a given situation while others around disintegrate in self-pity.  To apply it, is to become uplifted as a paradigm for others to follow, and to integrate the fusion between past, present and projection into future courses of action.  For, in the end, to have a proper “perspective” is nothing more than to realize the “now” in light of past experience and apply it to future predictability.  But what if the human constitution does not always allow for identical natures inherent to all?  Why do some lack it, while others are deemed to be forever secure in wisdom and reliance?  Solomon is reputed to have possessed it; the women who approached him, lacked it; and the audience surrounding had no clue of it.

In law, generally, it is the tactician who can strategize by means of understanding the applicability of precedents relevant to a given case, and if it goes before a Hearing or a Trial, to incite the emotional empathy of jurors and the sense of justice uncommonly deviated from the Judge’s aplomb of impervious fortitude that wins the day.  In Federal Disability Retirement law, perspective is often needed in order to make the right kind of judgments throughout the administrative process 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.

Having the “wrong” perspective – first, about filing at all, and second, about the administrative process and procedural hurdles itself – can result with inaction leading to detrimental consequences.  Possessing and applying the “right” perspective encompasses a wide range of issues:  whether to file; when to file; how to file; what evidentiary annotations of facts, argumentation and laws should be included in order to implement the most effective pathway to an approval of the Federal Disability Retirement application.

Perspective:  it is something that legal counsel and experience of advice can provide within a framework of a time in one’s life when it is sorely lacking.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: Of venal and venial injustice

That a single vowel can radically alter the meaning of a word is not surprising; rather, it is the simplicity of the reduction – from one constituting an onerous sense of the corrupt, to a mere insignificance of action – that demarcates the chasm of definitional differences between the two.  Both are adjectives; but of the former,  often associated with corruption involving bribery and characterized by a mercenary motive, while the latter is of a pardonable offense, minor on a scale of wrongdoings, and merely bordering on the barely noticeable spectrum of sins acknowledged – it is the difference of the singular vowel – the “i” which constitutes the reflection back upon the personal “I” who acts upon the violation that determines whether the offense is minor or major, that divides the two.

The originating context of a venal act almost always involved corruption relating to an exchange of consideration – and, for whatever reason, it was that underlying motive of engaging in an act of illegality for the sake of money, that exhibited a greater evil by the participant.  Perhaps such an origin of retreating repulsiveness is Biblical – of that treachery committed in exchange for the thirty pieces of silver.  Translated into English, the personal pronoun inserted in lower caps in the middle of the word, stuck between two consonants, evinces a guilty conscience inflamed deep within the troubled recesses of a soul’s agony.  And what of the noun which the adjective modifies – does it add, amend, enhance or otherwise alter?

Injustice is a malleable concept.  Words were once confined by strict adherence to meanings; no more, as society has allowed for the gymnasts of linguistic pole-vaulting to tinker unabatedly.  As the negation of the root term “justice”, it has become recognized as any feeling of unfairness encountered, as opposed to the more concrete embodiment of society’s clear mandate in a process of upholding a morally superior stance, confirmed by age-old rules and procedures, inviolate as reflected in the symbolism of a blindfolded lady impervious to the winds of bias, prejudice or venal means.

For the Federal employee or the U.S. Postal Service worker who is daily being bombarded with harassing conduct by the agency or the U.S. Postal Service, both forms of injustices are encountered:  Venal injustice, at the hands of an agency which may be plotting to dismiss and terminate; and venial injustice, at the daily toil of enduring slights and demeaning whispers by coworkers, supervisors and others unnamed.

Medical conditions occur through no fault of the Federal or Postal worker suffering from them; yet, Federal agencies and U.S. Postal Service employees treat such Federal and Postal workers as mere fodder for committing injustices otherwise unaccounted for.  Perhaps there is a heaven where ultimate justice prevails and where venal sins and venial acts are sifted between to determine who is issued a valid passport for migration through those pearly gates; but, until then, there is the option of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and where obtaining an approval from the U.S. Office of Personnel Management is neither a venal act, nor a mere venial outcome, but an injustice turned around for the Federal or Postal worker who cannot otherwise perform all of the essential elements of one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Trading places

Long before the 2008 debacle of economic turmoil; preceding epic movies following, of the lavish ineptitude of miscreants awash in money’s sale of souls in exchange for the temporal pleasures of limitless fantasies; when laughter could be heard yet, because the future still held some hope, there was a movie by the same title.  It was a comedy of innocence – although, the language used may still blush for some, it reveals a period long gone and no longer found in today’s society where revealing all, telling everyone and showing unabashedly have become the normative course of behavior.

Unlike the reality of Wall Street’s mechanism of manipulation, the storyline follows a fairly conventional discourse of moral constancy – of identifiable evil; revenge and retribution for wrongs committed; redemption for those whose failings resulted from unseemly characters.  Contrast that with the fictional depictions of today, some mere several decades hence:  the unjust are left unpunished, or barely so; the miscreants are bailed out from their own folly and greed; and the Mom & Pop store just around the corner is still left wondering why they were never rescued from bankruptcy, when the very ones who created the economic crisis are back at it, again.

The problem with discussing such issues on a macro-scale, of course, is that generalities invite sweeping statements of inane and excusable tendencies, whereas kitchen-table, microcosmic tales of individual narratives leave no room for such averted cover of hidden devices, where rats and other scoundrels may scurry to find convenient places to conceal their shameful misdeeds.

We often wish that we, too, could “trade places”, but only because we fail to listen to the details of troubles faded on lawns across the street where the grass appears greener, but where the internal turmoil of ghosts hidden remain veiled.

Medical conditions have a way of bringing us all back to the basics of living.  For, when one is healthy, all sorts and manner of wishing for fortunes and superficiality of life’s extras are engaged; but when a medical condition hits, all that we desire is for the boredom of good health.  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 the Federal or Postal employee’s position of formal occupation (as reflected on an SF 50 or PS Form 52), understand this concept all too well.

Trading places is all relative, especially when it comes to the basics of human happiness.  For Louis Winthorpe III and Billy Ray Valentine, it happened that fate brought two unlikely characters together to right the wrongs of a macroeconomic system left to manipulative devices on the commodities trading floor; for the Federal and Postal employee who suffers 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 positional duties, the desire to “trade places” is somewhat more basic – of mere good health in order to maintain a constancy of life’s pleasures taken for granted by others.

But, instead, often the best option for trading places is to prepare, formulate and file an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Sometimes, the trade itself is a compromise on a micro-scale of lesser proportions, and not within the complex world of high finance and commodities exchanges.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Masking of Fate

It is still perhaps appropriate at the time of this writing, to consider masks and costumes, as Halloween, or All Hallows’ Eve lingers is just over.  It is a celebratory time; and whether of religious significance or origins discovered in the medieval Gaelic folklore long lost but in remaining songs and ballads sung sweetly without instrumentality or electronic mixing, the tradition of putting on a disguise, concealing one’s face with a mask of another’s soul continues.

It is doubtful that the meaning behind such traditions are ever discussed or believed in; we live in a time when the pinnacle of belief is comprised of nihilism and disbelief; and so the request for alms or a few pieces of candy “on behalf of” a soul departed, is not the foundation as to why a disguise is embraced.  It is, instead, to “have fun” – which is a valid enough reason and rationale in and of itself, though such a goal is not exclusive to also engaging in the activity with a knowledge of why, where we came from, or what we are living for.

The medieval practice of mumming or souling have clearly lost their roots of meaningful efficacy; and with virtual reality overtaking the imagination of modern childhood, there is little room left for the spirit-world of other dimensions, even if we could bring ourselves to believe in them.  Materialism has deadened the parallel universes of fantasy and imagination; the moon smiling can be explained by craters and ridgelines of impervious rocks.  Costumes and masks merely reflect a world already dead; they are not put on for disguise on behalf of souls departed, but merely a put-on to justify laughter, lost innocence and untoward sadness.

Perhaps, by keeping a tradition alive, there will be the possibility of hope, that the meaningfulness of that which is preserved will have a flickering light of potentiality.  But, then, that would mean that elves, gnomes and goblins may still lurk behind hidden corridors of timeless imaginations.

Fate masked is to conceal nothing; it is only when there is a face behind the mask that the mask has any real value; but if the face concealed no longer possesses value, what is the worth of the mask itself?  It merely echoes the truth of Lear’s admonition to Cordelia that, “Nothing will come of nothing.”  There have always been masks to conceal, but worn on occasions recognized for specified events, where all can engage in the fun of hidden meanings; it is the mask of daily veil, however, that should instill terror in the hearts and souls of the living.  For, it is that smile dispossessed; the disarming wink; the open expression of camaraderie; yet, once the back is turned, the sharpened knives are unsheathed for selective display of unstated purposes.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question often posed is:  When should I?  The missing addendum to such a general question is multiple:  When should I file (as soon as possible, as the process to obtain a Federal Disability Retirement benefit is long and arduous); When should I inform my agency or the U.S. Postal Service (not until the time of filing, unless there is a compelling reason to do otherwise); When should I take off this masking of fate?

As to this last question – well, perhaps when the Federal Disability Retirement application is finally prepared and ready for filing; for, that is the time when the point of pain, anguish and the hollow eyes impounded by a medical condition may begin to repair themselves for the trading dawn away from the daily drudgery of the mask that conceals.

Sincerely,

Robert R. McGill, Esquire 
FERS Disability Retirement Attorney

 

OPM Disability Retirement from Federal Government Employment: The broken record

Does the metaphor have any meaning for modernity, anymore?  Those discs made of shellac resin or vinyl, pressed into magical ridges where the needle would remain stable but for the warbling of the maze; but somehow that circular maze of ridges would have a scratch, directing the point of the needle to continue back into the previous ridge just traveled, like the lost child who cannot see beyond the walled ivy and keeps running frantically in circles, exhausted by the endless infinity of a pathway unable to be traversed beyond the limitless circularity of a philosopher’s argumentum ad nauseum, where tautology of teleology is likened to the boulder being pushed by Sisyphus.

But what of the individual who has never experienced the encounter with a broken record – neither in real life, nor in watching a movie or other inane television show where the manual labor of carefully lifting the needle by the undercarriage of a forefinger, then placing it gently onto the groove closest to the condemned one, possesses no contextual significance because of a lack of knowledge?

Those who have been dated by “aha” responses to such metaphors, take for granted such commonplace declarations; and when we meet with blank stares and confused eyelids, it dawns on us that there is no replacement for an actual experience of descriptive content.  For, the efficacy of the idiom itself is immediately lost upon an attempt to explain:  “You know, when a record starts to…”

And what of times previous to the introduction of the gramophone (boy, now we really are reaching back into time) – did the men and women from an era now past have such peculiar dialects that described repetitive droning of whining and complaining?  Was it something akin to, “Stop acting like a baying hyena,” where pioneers settled lands still dominating with lurking cries of wildlife and unsettled voices?

And what of foreign lands – countries afar and across the great oceans – did they recognize and identify the relevance of the repetition emitted by the spherical looping back upon a scratched surface, or was it ignored in other dialects as a ho-hum matter not worthy of creating a modern-day idiom to be added to the dictionary of everyday expressions?

The metaphor of the broken record is one whose utility has long passed; but for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has become a chronic state of inability in performing one or more of the essential elements of one’s Federal or Postal positional duties, the underlying and substantive content of the intersection with one’s career and life, remains relevant.  For, to the Agency, the U.S. Postal Service and the Supervisors, Managers and coworkers with the Federal Agency or the U.S. Postal worker – they view such chronic medical conditions like a “broken record” – of a fellow Federal or Postal worker who cannot “carry his or her” weight, anymore, and begins to treat the “situation” accordingly.

Human empathy lasts barely for a day; pernicious antagonism continues well beyond.  When it becomes clear that the Federal or Postal employee will no longer be able to abide by the conventions of the Federal or Postal rules, and others begin to view the use of Sick Leave, assertion of FMLA and constant need to shift workloads to others as acts to be punitively responded, it is time to consider preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, in order to have that undercarriage lifted and placed gently onto the next ridge of one’s life, in an effort to avoid the metaphor of being a broken record.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement Benefits: Cloud of thoughts

The metaphorical connotation represents the state of many who wander about the earth; that is why the statistical reflection of accidents and injuries can never quite be diminished, and the constancy of conundrums concerning catastrophic clemency of uncharacteristic conduct can never conclusively conceal the calamity of creativity.  Sorry, but once alliteration is initiated, it is difficult to extricate one’s self from the poetry of consonants and vowels dancing in tandem.

But more to the point:  the Human Animal is unique in that it is the only one of the species that walks about in a cloud of thoughts.  Moreover, in modernity, the exponential magnification is starkly evident because of the draw by Smartphones, computers and other hand-held devices.  Once upon a time, long ago, there was the public phone booth; then, doctors and other impressive individuals carried around pagers (or otherwise known as “beepers”), and anyone who suddenly received notification through this anomaly of a wireless device was immediately recognized as someone important, for who else would need to be contacted as so indispensable as to require interruption during a meal at a restaurant, or in the middle of a gathering or event?

Then, of course, technology and the inventors of the universe decided that, democracy being what it is and value, worth and significance of each individual being equivalent to one another, we should all be deemed special – and so, instead of being forced to wear dunce-hats and be made to sit in a corner excluded from participation with others, either because of our behavior or our witless comments – fast-forward to today, and everyone is special, all are important, and none are lesser than the next person.

And so we now have everyone lost in checking text messages, updating, button-pushing, twitter-feeding, whatnots and no-nots and know-hows and know-nots; all deep, deep in clouds of thoughts.  Or, not.  Is there a difference between walking and wandering the surface of the earth, lost in a cloud of thoughts, as opposed to being glued to one’s Smartphone or other electronic device?  Is one of greater value or relevance than the other?  Is there a difference between the cognitive input or brain waves of distinction, or is it all just a fuzzy feeling of angst and suspicion?  Do MRIs reveal anything when we see the graphic images of cranial activity and color-enhanced dullness of inactivity?  Or do such images merely provide a parallel sense of correspondence, as opposed to causal efficacy?

For Federal employees and U.S. Postal workers who are considering preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the engagement of a cloud of thoughts can be twofold:  One, it does take some thought and preparation in order to formulate an effective Federal Disability Retirement application, and so being under a cloud of thoughts is a “good” thing; but Two, that proverbial “cloud” that overshadows the Federal or Postal employee because of the concerns surrounding the ongoing medical condition, can only be “lifted” by moving beyond the job and career which only serves to exacerbate one’s circumstances and conditions.

Preparing, formulating and filing an effective Federal Disability Retirement application through OPM involves both a cloud of thoughts, and services to lift one from the burden of those clouds.  Now, if only we could do something about those hand-held devices which provide us with those scary images of brain inactivity, we might also save the world at the same time.

Sincerely,

Robert R. McGill, Esquire