OPM Disability Retirement Law: The Reason Why

It all began in childhood — of the question voiced; of the curiosity engendered; of the simple: Why?

It applies to everything in the world, and it confounds parents and teachers, not only because the single word-question deserves an answer, but because it tests the knowledge — and patience — of the queried one.  Age-appropriateness often determines the depth of the answer required; and the extent of curiosity uncovers the seriousness of the query itself.

Why is grass green?  Why do dogs bark?  Why does rain drop from the sky?

Some may answer every query with a nonsensical circularity just to get rid of the question, such as: “Just Because that’s the way it has always been”.  Of course, such an answer neither responds properly to the question, nor satisfies the child who asks the question, and as the child grows older, will either wither in his or her diminished enthusiasm of wonder, or go elsewhere to obtain a more satisfactory response.

If a parent does not possess the knowledge to respond, the better answer would be: “I have often asked that myself!  I don’t know the answer to that, but let’s go to a reliable source and find out, together, what the answer to that fascinating question is!”  And with that question in hand, you can go to an encyclopedia, a dictionary, or some other source — from a hard copy of a book (wow — isn’t that an outdated thought!) to an online source of dependability — and satisfy a child’s wonder of curiosity.

For, the reason why is always just the beginning to an answer beyond, which is a perpetual and never-ending process for a curious mind; and in the end, the question of “why” is merely the beginning, and never the end, and it is the process of engaging the world in acquiring knowledge which is the important “thing” to consider.

For Federal employees and U.S. Postal workers who are contemplating an end to one’s Federal or Postal career because of a chronic medical condition which prevents the Federal employee from performing all of the essential elements of one’s Federal or Postal position, there are going to be many “whys” throughout the process.

Why is the application insufficient to meet the legal criteria?  Why must X be submitted?  Why must Y accompany the application?

Satisfying the many “whys” of your application is important to complete the application properly.  The questioning and the reasoning given, as in the former days of your childhood when you were curious as to all of the various “whys” of the world, remain crucial in order to meet the legalities involved.

To answer your query of all of the “whys” in preparing, formulating and filing an effective FERS Disability Retirement application, contact a FERS Retirement Lawyer who specializes in Federal Disability Retirement Law, and consider why — and even how — you must apply the law in a Federal Disability Retirement application.

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.

 

FERS Disability Retirement Help: The Next Move

What thoughts are connoted from such a phrase?  For most, it is perhaps the penultimate game of the Western world — Chess.  Or, if you have been exposed to Eastern or Oriental influences, the game of Go.  Perhaps neither — and the phrase, “the next move”, may evoke thoughts of a basketball player or some other sport which requires a “next move”.

Back to chess — for, as it is played by slow and deliberate increments of moving pieces on a board, there is always a “next move”, until there is not.  As well, in the game of Go, white and black pieces are set upon a board, each player attempting to make a double-“eye” in order to secure their vulnerabilities, until there is no more room to protect.  Often, our lives are reflected in the metaphor of such board games, whether of chess or of Go.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement benefits becomes a necessary next move, you may want to contact a lawyer who specializes in Federal Disability Retirement Law.

Whether the next move is an initial application, or a response which must be filed with the U.S. Office of Personnel Management for a Denial of your Application for Federal Disability Retirement; or, from a second “Reconsideration Denial” resulting in a need to file an appeal to the U.S. Merit Systems Protection Board — contact an experienced attorney who is knowledgeable about the next move which must be taken.

For, whether in chess or a game of Go, or in filing for Federal Disability Retirement benefits, it is always important to make sure that the “next move” is the one which will advance your cause with a winning strategy.

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.

 

OPM Disability Retirement under FERS: The Value of Advice

If we could travel back in time with the knowledge we possess now, we would all be wealthy.  But then, if everyone were to travel back in time, all at the same time, the knowledge we possess would lead to acts which would alter the future from the perspective of the past.

Think about it: We all know that certain “tech” companies have soared in stock valuations.  With that knowledge, if we were to travel back in time, wouldn’t we all buy up all of the stocks, knowing that when we returned “back to the future”, we would have applied that knowledge pre-possessed?

But if everyone did that, it would diminish and de-value the worth of such stocks, and the course of human history would then have become altered. It is a conundrum without an answer. And, as human beings do not possess such retrospective wisdom, it is often a good idea to turn to those who can advise, guide and counsel as best they can.

In the field of Federal Disability Retirement Law, what would be the value of advice, counsel and experienced wisdom from an attorney who specializes in FERS Disability Retirement Law?

In considering the option of filing and fighting for Federal Disability Retirement benefits, make sure that you are hiring and paying for the advice of the attorney him/herself, and not just some law clerk or so-called “legal specialist” who purports to know about a field of expertise that only the Federal Disability Lawyer knows.

In other words, when you hire an OPM Disability Retirement Lawyer to guide you through the complex administrative process of Federal Disability Retirement Law, get the full value of advice by hiring the lawyer himself, and not the office staff.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Implications

Merely putting a ‘thus’ or ‘therefore’ does not create the necessary nexus between the facts proffered, the evidence presented and the conclusion declared; implications by definition require some work on the part of the audience, as the bridge not explicitly apparent must by necessity mandate mental connections to be drawn from otherwise disparate fields of facts.

How far can the law be stretched?  For so-called “originalists”, it is allegedly only the plain meaning of the text itself that can be gleaned, without any further “interpretation” beyond what is “originally intended”.  But lawyers go beyond the central meaning of legal opinions all the time; it is the job of a good attorney to stretch the application beyond what is originally meant or intended; and it is up to the next judge before whom such argumentation is tested to place limits and boundaries when the proposed stretch has gone a bridge too far.

How far, for example, can the “Bruner Argument” be made in a Federal Disability Retirement case?  Can the fact of a separation based upon “excessive absences” be used to demand of OPM that the Bruner Presumption should be applied, especially when parallel facts clearly establish that during the same time period of taking exhaustive Sick Leave and excessive LWOP, the Federal or Postal employee had multiple doctor’s appointments and was medically advised not to go to work?  Of course, arguments can always be made — but the real point is, Can one make an effective and persuasive argument?

For Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, those conclusions by implication need to be carefully crafted.  For, while you may see the bridges connecting the two or more land masses that are otherwise separated by the rivers and tributaries, it is up to the Federal employee applicant in an OPM Disability Retirement case to make explicit and obvious those implications that may otherwise be lost in the administrative morass of complexities inherent in every Federal Medical Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire
FERS Medical Disability Lawyer

 

Medical Retirement under FERS & CSRS: The distant bark

A lone dog barks in the distance.  We cannot determine where, or even from what direction, but the echo of wailing, sometimes of whimpering, reverberates like a mist in the early morning that quietly pervades but can never be grasped.  Perhaps it persists, and we leave the safety of our own home in search of the cry, as the forlorn sounds made wavers between a spectrum of hurt, pain, loneliness or urgency of need; no matter the reason, the bark is desperate.

We begin the journey in one direction, but suddenly the winds of voices heard shifts, and we believe it may be coming from a completely different direction.  We shift course and walk in the exact opposite direction. The barking continues, now with greater tones of reverberating alarm, drifting from over there, somewhere out there, never to be determined.  The barking stops.  You pause, listen; but only the quietude of the midnight air breaks the stillness of the echo that now sounds within one’s imagination.

You begin to doubt yourself; was it my own fears, my own fantasy?  Did the sound ever break upon the dawn of objective reality, or was it something that originated from deep within my own needs and wants?  You go home.  Then, a few minutes later, after turning off the lights and drifting off into the slumber of night’s call, a lone dog barks in the distance.

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 the Federal or Postal job, that Federal or Postal employee is the distant bark, and the help that never arrives reflects the situation that so often describes the events that unfold.  Federal Disability Retirement, as the analogy may be stretched, is the person who reaches out to try and find the source of the barking.  Failing to file for Federal Disability Retirement benefits is the metaphor where the searching man and the barking dog never meet.

Federal Disability Retirement is not just another “benefit” or a “give-away”; rather, it is part of the employment package that the Federal or Postal worker signed on to, and once obtained, allows for the Federal or Postal worker who is on disability retirement to pursue other careers and vocations, and more importantly, to focus upon regaining one’s health in the process by being separated from the work that has become problematic in the meantime.

And like the lone dog that barks in the distance, the Federal or Postal employee who fails to take the next step by not preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, will end up like the dog that wails pitifully deep into the recesses of midnight regrets.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: Life erasing

In youth and early adulthood, we add; in later years, life erases.  Kids grow up and move elsewhere; vigor depletes; living spaces are downsized; mementoes once meaningful are discarded into a trash heap of forgotten memories; and health deteriorates, with diminution of lives by incremental depreciation both in appearance, worth and human value.

Life erasing is the natural decomposition of matter; the energy that we expended in bringing up our kids has now been complete, and transference of that vigor has become a permanent fixture.

Somehow, what we gave never seems to be enough, and no matter how much we tried, loved, cared for and nurtured, that part of all has separated and journeyed away, never to be sought in unenlightened venues of thoughtless abandonment.  It is as if life reaches its pinnacle, as the arc of never-ending geometric feats of engineering and technological defiance; and then it tapers, becomes warped and disappears into the far horizon.  What ever happened to those youthful dreams once embraced, promised, forever committed to, and now a dash of trailing dust left behind like so many of life’s erasing features?

Medical conditions and deteriorating health tends to symbolize that; for, as one reaches the pinnacle of an incomplete life (is it every complete, even at the point of oblivion, and do we not hang on for a moment more?), the tawdry reality is that we fear the vanishing of all that we have surrounded ourselves with, because we do not walk about this world with a mirror to appease our own insecurities.

Isn’t that why people amass great wealth; invoke power-plays to demand and command loyalty; hoard possessions as if they reflected quantifiable worth; and apply every cosmetic trick into believing that appearance of youth is the same as easing life’s erasing by concealing the decay beneath?  Why is it that such a natural deterioration is fought against, when the peaceful calm of wisdom tells us that life erasing is the easing of burdens amassed in youth and adulthood, and thus to be enjoyed?

Life erasing means that responsibilities garnered previously have now been alleviated, but instead of accepting that natural digression, we buy into the advertising colonnade that age is merely of deceptive appearances and a “mind set” that can be averted merely by acting more foolishly, accepting cosmetic alterations by stretching the wrinkles away, and taking on greater obligations for self-aggrandizement.

For Federal employees and U.S. Postal workers who are beset with medical conditions which prevent the Federal or Postal employee from extending a career chosen, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement is actually an acceptance of the natural course of life erasing – by the proverbial course of “downsizing”, of recognizing the medical conditions impacting one’s life and pursuing Federal Disability Retirement so that life’s erasing can attain a level of focus upon a priority long ignored:  Health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Comfort in regularity

There are those who relish the seas of daily change and the excitement of altered circumstances in daily discourse.  But as the rhythms of a seasonal perpetuity teach us of Nature’s need for regularity, so the biorhythms imparted can often form avenues of predictable patterns.  There is comfort in regularity (no, for those with singular minds, we are not here referring to the constancy of utilizing bathroom facilities; although, there is also some truth in that perspective, as well); of engaging in the monotony of expectations, unchanging circumstances and boredom of daily redundancy.

If we interpreted Bishop Berkeley’s philosophy to the extreme, each time we were to leave a room, the physical world we left behind would vanish; upon our re-entrance into the “same” room, it would again materialize, but who knows if the armchair in the corner with the slight tear in the seam of the cushion has not been moved several inches to one side or the other?

Wasn’t that always the fear in Star Trek, when Scotty would push the lever for the transporter, and the molecular deconstruction of the individual would occur – but the danger involved the potential interference within that short timeframe, when the reconstitution of matter might bring about a missing limb, a lesser intellect, or leave on the dinner table in the previous location one’s eyes, nose or mouth?  But the digression into science fiction merely points out the obvious; whether via molecular transporter or physically walking from one room into another, the expectation of “sameness” is what we rely upon, in order to maintain a sanity which otherwise would be lost in a sea of constant change.

It is, ultimately, the paradigmatic confrontation between the age-old perspective of two old philosophical grouches – of Parmenides and Heraclitus; of permanence seen in a world of a singular whole as opposed to the constancy of an ever-changing universe.  Note that, in either perspective, there is a regularity that is sought and discovered:  the expectation of consistent change constitutes that regularity we seek; and the regularity of a singularity of permanence reinforces that comfort in the same.  That is what we forever sought and continue to seek – and it is in the comfort of regularity that we maintain our balanced perspective.

That is why the turmoil of change is often devastating for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position.  The inability to perform all of the essential elements of one’s positional duties is frustrating enough; such alterations often require accommodations, but when such requests are rejected, it is like a verdict upon one’s worth by the agency or the Postal facility:  You are not worth the trouble of change.

Yet, that change or alteration in the schedule, flexibility of attendance, or other minor adjustments, are often of no greater effort by the Agency than Scotty pushing the lever to initiate the power of the transporter.  But, then, Captain Kirk was quite good at making adjustments and ad-libbing as he went along – something that most Federal agencies and the Postal Service are unable to do; and that is when preparing, formulating and filing an effective Federal Disability Retirement application becomes an ever-present need that will ensure the comfort in regularity of purpose, goals and future security.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The divided relic

If an ancient relic of sacred origins must always travel with wherever a community, a tribe or an individual must go, can its essence remain intact despite being divided into multiple forms?  Can a divided populace split into two its sacredly-held relic, whether for theological reasons of disputatious incommensurability, or simply resulting from an old-fashioned “I don’t like them anymore” conflict that has erupted into an irreconcilable fissure?  In other words, is the sacredness of the relic contained in the essence of the thing itself, or by the bonding influence of the people who view that item of antiquity with awe and frightful respect?

Whether a sacred scroll or a Bible (which, obviously, would be difficult to divide), or a crystalline object, an ancient arrow holding magical powers or an assortment of divinations empowered by a rich history of spiritual conquests — whether such relics can retain their efficacy for a community divided, might depend upon the strength of the belief itself, and the foundational reliance upon such antiquities of thought-processes.

That is, perhaps, one of the many problems of modernity; we no longer have the capacity to believe in the power of ancient relics, divided or not; and, instead, we put our faith into the predetermination of a Darwinian paradigm, where the gene pools of those who have survived merely contribute to the greater sense of invincibility within a genetically maladjusted populace of pure materialism.  Thus do we abandon all sacred rites of passage and living – of entrance into adulthood, marriage, the sacrament of forgiveness and the commodity of grace.

The divided relic does not lose its powers because of the division into pieces greedily and hastily fractured by human conflict, but because the very act itself merely reflects a broken heart no longer tethered by faith, belief, community or commonality of belonging.  No – it is because we have accepted fractured lives as a justification for dividing sacred relics, that the very sanctity of the relic itself has been diminished and sullied.

Indeed, that is what happens in the Federal sector and the U.S. Postal Service, with people and the workplace itself.  No, there are no sacred relics to be divided in the Federal agency or the U.S. Postal Service, but there can be – should be – a sense of commonality of purpose and an empathy undivided such that the work and missions of the entity itself can be carried forth with a purposeful intent.  The strength of that sense of cohesion, however, is often reflected when a Federal or Postal employee is beset with a medical condition, and must file a 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.

If the Federal agency or the U.S. Postal facility responds with supportive empathy (rarely seen), then that sense of an undivided and worthy relic remains like a residue of bright hope; but, more often than not, it is the opposite effect that is seen – of a divided relic reflected in the pool of harshness and indifference revealed by human depravity, by harassment, intimidation and scorn within the community of Federal and Postal workers.

Such a state of affairs when responding to a Federal or Postal worker who is in the process of going through the administrative trials of filing a Federal Disability Retirement application through OPM is reflective of this state of modernity, where the divided relic can so heartlessly be accomplished without concern for the essence of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Gov. Employment: That sigh of regret

It is released without consciousness of foresight, or random expectation of hope to come.  Often, merely an involuntary deviation from a carefully-guarded appearance, that sigh of regret escapes with a haunting echo of mirthless exhaustion.

Is there a time when past regrets catch up to present dismay, obfuscated by the loss of any future hope to reinvigorate?  What is regret but a deed left undone, a trepidation leading to inaction when flight of carefree abandonment embraced us for a moment, where craziness of freedom from the fetters of caution allowed one to pause and jump without fear of tomorrow?  And the sigh that follows, but a mere refrain denoting the commonality of experiences, withheld, where caution pulled us back because of pragmatic considerations we once beheld to be more important than the liberty of our means.

Rare are those lives whose self-assurance in the meandering days of feckless travels reveals not a morsel of remorse, but a fullness of memories neither unrestored by neglect nor needing any touch-up or photo-shopping imputation.  Some have warranted that to regret is to die a slow death, while others accept it as merely the general populace’s lot in life.

The sigh of regret is emitted during that lapse of unguarded exposure when vulnerability is allowed to reveal, where openness – whether because of insanity, inebriation or a raw moment of “being real” – stands in line behind the impenetrable fortress of layers carefully shielded in order to construct that wall of mystery.  But the other side of regret – like the turn of midnight as the clock strikes its 12th toll – is the knowledge that something else could have been, that better tomorrows might have been, and the “what ifs” of life keep coming back to haunt, each whisper followed by a louder intonation of incessant reminders.

For Federal employees and U.S. Postal workers who having that sensation – of a pause, a consideration or even an inkling – that it is time to begin preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, there are “better times” than others where timing in filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management should be weighed and balanced within the greater context of all other considerations.

What one does not want to happen, is to allow for a later event to emit that sigh of regret, which is what so many people, in so many circumstances, end up doing.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee has already let loose a sigh of regret, is the best pathway forward to ensure that – whatever accumulations of life’s regrets one may already hold within the bosom of one’s soul – future actions will fail to predict the sorrowful din of tomorrow’s hope for a better future, where that sigh of regret may be muffled because an act today was taken in light of yesterday’s remorse.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Trepidation

In this universe where pause reflects cautionary exposure, the Darwinian model of survival of the fittest prevails.  Ours is a society that lacks any patience; the youthful generation deems their “place” as a rightful commodity to assert without bashfulness; the old are shoved aside into old folks’ homes and nursing facilities, all the while as we give lip-service to the importance of love, family and care for one another.

It is easy to give utterances of inane and meaningless trope, of generalizations about values and moral circumlocutions of apparent profundities; much harder is to sacrifice what we want, desire or otherwise deem the encampments for our “personal bests”.  “Rights” asserted in your face constitute the norm of this generation; conformity to the quietude of societal conventions, of cohesions above dismembered cacophonies of ingratitude, are mere fodder to be cast aside.

Trepidation is a personality defect; as in the days of yore when tremulous fear, alarm or agitation constituted a pause which threatened the capacity to survive, so in modernity there is no room for such diminution of evocative negation.

Perhaps, in some other corner of the world, in a society which still values the careful fostering of human relationships, a person’s pause and trepidation to immediate action would be overlooked and unnoticed, if not merely because the significance of such hesitation would be considered nothing more than a throw-away phrase, somewhat like, “Oh, you know Betsy, she always has to have a few days before she does something!”  But we don’t have “a few days” in this corner of civilization, where daily predatory advancement is the means to success, and why disabled people are merely used as referential legal maneuvers, but otherwise shoved aside into dark corners where alleged accommodations are granted within the strictures of malleable definitions.  No, it was never curiosity that killed the cat; it was always trepidation of cautionary hesitancy.

For Federal employees and U.S. Postal workers who are 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, the notion that the Federal or Postal employee may have some initial feelings of trepidation before engaging the process, is both understandable as well as self-defeating.

The reality is, we have to engage the world we live in.  And the world we occupy is this little corner of the globe, where patience is lacking, hesitancy is scoffed at, and delay is deemed a purposeless abyss of wasted time.  The bureaucratic morass itself will take a long, long time, just to receive a decision from the U.S. Office of Personnel Management.  Trepidation is not a personality trait which is healthy for the process, and unfortunately, it is a counterintuitive characteristic that only serves to exacerbate the medical condition itself.

Sincerely, Robert R. McGill, Esquire