Federal Disability Retirement under FERS: Spectator Sports

Psychologists and commentators in general have had a field day (yes, the bad pun is intentional — but who can avoid it?) with analyzing and providing “expert” opinions on the matter, which essentially plays with (yes, yes, another bad pun) the following question: Why are people so enamored by watching others play a game?  What is it about the concept of spectator sports that draws such a crow?  What is it about being part of a “team” that results in people acting in such bizarre ways?

It is, of course, an easy transition to other areas of one’s life — from spectator sports to the political rally; of parades and cheering crows; of legions of a cheering populace gathered to welcome the Roman troops returning from battle; of D-Day and V-J Day; of the stadiums filled for the World Cup in Soccer to the excesses of the Super Bowl; of March Madness and the tradition of Friday Football (High Schools), Saturday Football (Colleges) and Sunday Pro football games; and what the Covid-19 Pandemic reflected when everyone was shut in, but with curtailed capacity to view such spectator sports.

What does it reveal about us?  Had the Romans, with their vast coliseums, already figured out the human psychology — of the need for spectator sports — in order to satisfy the blood-thirsty need of a restless populace?

For Federal employees and U.S. Postal workers who are needing to filing for Federal Disability Retirement benefits under FERS, hiring a disability attorney who specializes in Federal Medical Retirement Law is often approached as one does a spectator sport: Who has the highest winning percentage?  What Law Firm will treat me as a “team member”?  And, the flip side is also true, concerning the perspective of the Agency: “How will my ‘team’ (the Agency) treat me?” “How will my team react?”

Whether fortunate or unfortunate, the psychology of spectator sports is how everyone views things, but for the Federal or Postal employee who is ready to contact a FERS Disability Lawyer to initiate the process of OPM Disability Retirement, understand that trying to get an Federal Disability Retirement is ultimately not a spectator sport; for, it is the reality of a life endeavor, and your full participation will be needed on the “field” of the early retirement process.

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: Before Smartphones

What did we do?  Today, it is as if the obsessive is inescapable; but yes, there actually was a time before Smartphones; we merely are unable to remember, or refuse to recall, those days “before”.

We have all become obsessive.  We have to check to see if an email has come in; we eat at the table with it right next to the plate; it accompanies us in the car; at night, if we do not turn the volume down, it haunts and reminds us; the wiring in our brains has literally gone haywire.

“Grandpa, what was life like before Smartphones?”  Well — books read; a quiet evening before the crackling fire; time for conversations to develop; of recollections and reminiscences — and of memories confronted and challenged without someone taking out that Smartphone, googling the question and ruining the fun of simply trying to remember the name of an actor, the title of a book or the precise date of a historical event.

Before Smartphones, there was a life to be lived, a reality without surrealism, and a sense of belonging in a community where no one had his or her head bent down to be sucked into a device which no one asked for, and no one ever stopped to ask:  Do we really want to live this way?

For Federal Government employees and U.S. Postal Service workers who suffer from a medical condition, consider this:  The Smartphone which controls your life can never replace the need to prioritize that which is foundational and most significant — of your health.  Consider filing for FERS Disability Retirement benefits; for, even before Smartphones, there was life, health and the precious time spent before the debilitating medical conditions began to dominate.

Contact a FERS Retirement Attorney who specializes in Federal Disability Retirement Law, and take the time to consider that there was actually a life before Smartphones, as there can still be a life beyond the Federal Government job you occupy.

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 Benefits: Word Games

Playing word games — like the New York Times Spelling Bee, or “Wordle” (a game which was just recently bought by the New York Times, and thus will likely require a fee in order to play) entails some reflection and methodology of thought.  Word games are meant for fun; they are often challenging, and prompt us to engage in an intellectual exercise devoid of reality.

There are, of course, other “word games” — ones which are played in the field of reality and the objective world.  It is how human beings engage with one another, and it is seen each day throughout the world in courtrooms and battles utilizing and applying the law.  Unlike word games where there are no real consequences in “real life”, the other kind of word games results in an impactful determination upon individual lives.

FERS Federal Disability Retirement Law is no different.  As every Federal Disability Retirement application is a paper presentation to the U.S. Office of Personnel Management, it must by necessity involve a certain level of word games — of presenting the applicable case-law; of formulating the proper language; of engaging in the give-and-take of legal argumentation, etc.

Wittgenstein called it a “language game”, but in the end, they amount to the same thing: Words, as parts of a language, engaged in a “game” which must be played.  And in doing so, it is a good idea to contact a FERS Attorney who is experienced in the word game of Federal Disability Retirement Law, lest the twisting tunnels of legal language lead you to the ends of the earth where a gaping hole of a denial from the U.S. Office of Personnel Management leaves you speechless in a word game of real-life consequences.

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 & Postal Employee Disability Retirement: The Non-Existent Door

It is the door which should exist, but doesn’t.

The Non-Existent door includes: The one with the sign on it which says, “Office of Reputation Restoration Once the Truth Comes Out” — you know, the place where your reputation is restored after it turns out that things people said about you weren’t true, after all.  Or, how about: “Office of Refunds — A Dollar for Each Day Your Kids were Ungrateful”.  This is the office where you suddenly become extraordinarily wealthy for all of the effort you put into raising your kids, but where you never received any thanks.  Or, the door with the sign which reads: “Office of Body Parts and Replacements” — where you can trade in a bad back or a bum knee for a brand new one.

Well, such an office door does “somewhat” exist, in that a doctor can do their best to try and repair certain medical conditions.  Unfortunately, the science of medicine has not yet been perfected, and until it has, we have to continue to live lives which must take into account various medical conditions which are not ultimately curable, and have become chronic and restrictive.

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, filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management is often the only available response to the Non-Existent Door — the one which says, “Office Where You can Keep your Job despite your Medical Conditions”.

Contact a retirement attorney who specializes in Federal Employee Disability Retirement Law, and enter the door not of Non-Existence, but of an existence entitled, “Federal Disability Retirement annuitant”.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Medical Retirement: Stupid Mistakes

Of course, one can argue that all mistakes, by their very definition, are “stupid”; but, of course, that would then make the entire concept differentiating between “mistakes” and “stupid mistakes” disappear, as the distinction between the bifurcated differences becomes one and the same.

It is a difficult concept to define; yet, we know when we or others have made them.  When we make them, we slap our forehead and say, “Duh!”  When another person makes one, we try to put a gentle cover over it — if we care at all for the person; if it was made by a child; when we know that the other person is “sensitive” to criticism, etc. — and try and say things like, “Oh, it’s okay, anyone could have made that mistake”.  On the other hand, when it is made by someone whom we dislike, is arrogant or condescending (or all three), we get the joy of “rubbing it in” and say offhand things like, “Boy, not even stupid ol’ me would have made a mistake like that!”

“Stupid” mistakes are distinct from “common” errors; the former is made without thought, while the latter is often made with thought, but without knowing the inherent consequences contained.

For Federal employees and U.S Postal workers who suffer from a medical condition, and where the medical condition may require the Federal or Postal employee to consider filing for Federal Disability Retirement benefits through OPM, one wants to — if at all possible — avoid not only the “common” mistakes, but the “stupid” ones, as well.  Mistakes happen; we all make them; but the one mistake that cannot be corrected once a Federal Disability Retirement application is filed with the U.S. Office of Personnel Management, is the one where “blinders” are placed upon OPM once OPM sees something.

It is thus important to consult with an attorney who specializes in Federal Disability Retirement Law, lest the “common” mistake turns out to be a “stupid” mistake that cannot be corrected.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Factors to consider

The universe of thoughtful decision-making shrinks exponentially and in direct correlation with the pertinent and relevant information gathered, and it is too often the case that factors not considered are the very ones which lead to a non-decision or, more importantly, to a wrong conclusion.

What factors should be considered when a Federal or Postal employee is going to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?

Certainly, age can be a factor — for, if OPM engages in a recalculation of a Federal Disability Retirement annuity at age 62, and you are fast approaching that age, the factor of “how long it takes” to get an OPM Disability Retirement approved (about a year, give or take a few months on either side of the equation); whether you get any backpay once it is approved (back to the last day your Agency or the Postal Service has paid you anything); and whether the time you are on Federal Disability Retirement counts towards your total number of years accrued until the recalculation age at 62 (it does) — should all be factors to consider.

Further, even if you are still relatively young, should those same factors be considered?  The short answer is an unequivocal “yes” — and probably many others, besides, including: Do I intend on working at another job in the private sector while on Federal Disability Retirement?  Do I have Service-Connected disabilities that can play a factor [sic] in the factors to be considered?

The universe of factors to consider in preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, are innumerable; and then, there are likely factors that you have not even considered, but which may be prompted by consulting with an attorney who has already considered multiple factors besides, and who may be able to guide you in this complex process called “OPM Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The mythology we create

Folklores and mythologies we have read as children; they stir the imagination, of gods in faraway lands in times now forgotten, and of tales of daring and courage in the moral plays of a universe now turned between the tides of time and the ebbing of history.

We are told that they were a manner in which to explain the unexplainable; that, until the great Age of Science came along and placed everything in its logical perspective, we once believed in the mythology of gods, superstitions and the folklore of our own imaginations.

But what of the mythologies we create in modernity?  Of the infallibility of science, when the very judgment and discourse is still based upon human frailty and self-interest?  Of phenomena which we cannot explain but somehow ascribe words that sound meaningful and complex to the understanding of others, and so we continue on in the mysteries we create?

And of mythologies we create — whether in our own minds without ever sharing with others, or the daydreams we are trapped in which we repeat almost daily, as an escape from the drudgery of the reality we must endure; or, perhaps of the lie that began as a pebble in the stream but kept growing over the years until it became a boulder that stemmed the tide of discourse and created a dam which fed a lake?

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, the mythology we create can be somewhat on a lesser scale of mischief or criminality.

It need not tell the story of a civilization’s origins or in explaining some overwhelming phenomena of the universe.  No, it can be a story that is created to explain away the excessive use of Sick Leave or Annual Leave; it can be the mere telling of a tale that tomorrow the medical condition will miraculously go away; or it can be in the very self-deception that you can continue to endure the pain and suffering and hide it from your coworkers, supervisors and the Agency as a whole.

Federal Disability Retirement is a benefit that allows for the Federal or Postal worker to retire early based upon one’s medical inability to perform one or more of the essential elements of one’s Federal or Postal job.

In filing a Federal Disability Retirement application, however, it may require you to shatter the mythology we have come to create, and face the reality that the gods of thunder and lightening no longer throw down the zigzagging bolts of anger and revenge from high above, but rather, the rains of today may give way to the sunshine of tomorrow, explainable by the natural causes of science and that this amazing world of causality may yet be defined without purpose.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Fathoms and farthings

They are words seldom used by ordinary people, and are instead found within contexts now of limited usage except by reference to anachronistic novels and reference manuals, or perhaps in sea-faring settings where such terms are related to between seasoned old-timers in the field.

The former term refers to the unit of measurement for the depth of the ocean’s topography; the latter, a unit of currency so small as to have become obsolete by now with the inflationary course of history having relegated such amounts to irrelevancy, and ceasing to be recognized as legal tender by 1960.  Besides, it was a “foreign” currency as well, and was not a currency used in current usage within recognizable current vintage, anyway (yes, yes, a bad attempt at alliteration and a play on words).

What do they have in common?  They both measure a unit of X, of course; they are also words that have “meaning” only within certain contexts, whether of specialized oceanographic particularization or, as to the latter, within a historical context if one were writing a play, screenplay, novel or short story that included anywhere from the Victorian to the Elizabethan periods.  It is a reminder to us all that words come in and out of “meaning” and relevance based upon the context given and recognized.

“Language games”, as the term Wittgenstein ascribed, retain their relevance and applicability depending upon the context of the usage adopted.

It is no different when preparing, formulating and filing an effective Federal Disability Retirement application by a Federal or Postal employee, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Suddenly, the Federal or Postal employee is thrown into a “language game” that has been ongoing for decades, but is new to the Federal or Postal employee who must prepare an effective Federal Disability Retirement application.

Such terms as “The Bruner Presumption”, “viable accommodation attempts”, “Persuasive legal effect of other disability ratings,” etc., come into play.  Yes, you may be able to research and understand some of the terms, but the particularization and the anachronism of such terms may come back to haunt you unless you, as the Federal or Postal employee trying to submit an effective Federal Disability Retirement application, can fully comprehend the specialized nature of this complex process called Federal Disability Retirement.

For, like fathoms and farthings, it may be best to consult an attorney who has a long experience with such terms and usage in order to better heighten the chances of a First Stage Approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The title itself

Sometimes, it is good to go “back to the basics”.  Throughout these blogs for these past and many years, the attempt has been to relate common everyday experiences and life’s challenges to the Federal employee and U.S. Postal worker struggling daily to maintain one’s career and to extend a career in the face of a medical condition.  Yet, the primary focus has always been to try and remain informative; to give some sense of the process of filing 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.

Sometimes, however, the title itself is sufficient, and one does not need the additional analogy, metaphor or “connectedness” to try and understand the process, and instead, all that is required is the title itself.

OPM Disability Retirement is a “medical” retirement.  It is based upon a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.  Yes, it can be a very, very complicating process, especially because there are potential pitfalls throughout the multiple administrative steps.  At each step of the procedural paths, there may be legal consequences that may not be correctible once the Federal Disability Retirement application has been submitted and a case number has been assigned at Boyers, Pennsylvania – i.e., a “CSA number” that begins with the number “8” and ends with a seemingly irrelevant “0” appended as the last of series of numbers.

Aside from the inherently complex questions posed on SF 3112A, Applicant’s Statement of Disability, the initial question that one must face and answer is (A) Whether, as a practical matter, Federal Disability Retirement is worth it, and (B) Whether there is a good chance to become eligible for it.

As to the first question, the factors that must be considered are: One’s age (for, at age 62, all disability annuities are recalculated based upon the total number of years of Federal Service, including the time that one is on Federal Disability Retirement, and as it now takes at least a year to get approved by the U.S. Office of Personnel Management, the question needs to be asked as to how old one is, how close one is to reaching regular retirement, and whether one can last until such age of retirement and the accrual of enough service computation years of Federal employment, etc.), how many years of Federal Service, and whether the Federal agency or the Postal Service is threatening to proceed with termination or separation.  And as to the second question, issues concerning the type of medical condition, the severity, the impact upon the Federal or Postal positional duties, the extent of support, how much reliance of such support is based upon a VA disability rating, and multiple other factors.

The “title itself” is often quite simple; it is the subtexts, the parenthetical unknowns and the hidden potholes along the road to filing a Federal Disability Retirement application (here we go again with the analogies and the metaphors) that makes for a complex and complicated journey.  But, then again, hasn’t that always been the case throughout life – facing the title itself that seems simple enough, but finding out that it is a bit more difficult than first thought?

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The regularity of life

Metaphors abound, of course; of the stream of life, its cadence, likened to a steady march and the cyclical nature wrapped in the repetition of the growing dawn followed by the setting sun.  The regularity of life represents a rhythm and monotony that provides a blanket of comfort (there goes the metaphor, again) that can be extracted from the lack of chaos.

Most of us thrive best within the regularity of life’s monotony; it is the very few who seek and relish the chaos of life.  Some few seek the opposite precisely because they grew up hating the former; and other, the very antonym of life’s challenges, searching always for new adventures and challenges and upending everything in sight because of boredom experienced in some prior stage of life.

Whatever the causes, whatsoever the sought-out means for expression and self-satisfaction, one cannot exist without the other.  It is from chaos that one creates an order (hint: this is not a new notion; one might consult the first book of an otherwise unnamed book that “believers” often refer to); and it is only in the midst of the regularity of life that one can have spurts of its opposite; otherwise, the world of chaotic living could not be identified as such unless there is a contrasting opposite by which to compare.

Medical conditions “need” its very opposite.  Doctors often talk about “reducing stress” as an important element in maintaining one’s health; it is another way of saying that the chaos of life needs to be contained, and the regularity of life needs to be attained.  Medical conditions themselves interrupt and impede the regularity of life; as pain, it increases stress; as cognitive dysfunctioning, it interrupts calm.

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 very fact of the medical condition itself can be the impeding force that disrupts and interrupts the regularity of life; and the chaos that ensues often necessitates an action that returns one back to the regularity of life.

Preparing, formulating and filing 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, is often the first and necessary step in bringing order back into an otherwise chaotic-seeming mess.

It is, in the words of some “other” source, to attain the regularity of life from that which had become without form and void.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney