FERS Disability Retirement: Preparing for the unknown

How does one prepare for the unknown?  If the very basis of preparation is to prepare for something, how can you then engage in that activity if X is an anomaly, a conundrum, a mystery yet to be uncovered and revealed such that the prior stage of preparing for it can be accomplished?  Is there a necessity for the pre-preparation stage?  Does one have to prepare in order to prepare to perform the actual act of engaging the substance of that which must be prepared for?

Certainly, learning about a subject — reading, researching, analyzing and evaluating — prior to performing acts which constitute “preparation” is an important component, but how many people have time to do such things?

Nowadays, if a person is asked whether they can “do X”, we just whip out our Smartphone, Google it and watch a You-Tube video and declare, “Yeah, I can do that.”  Is that what self-appointed lawyers do, these days — winging it by quickly reading some summarization of an article, then head into court and stand before a judge and make motions, argue cases, etc.?

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, preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management may well become a necessity.

It is the “preparing” part of the entire process which may be the lynchpin of success or failure.  Yes, you can read various articles (including this writer’s many pointers, legal articles and the like), but always understand that each case is unique — as is yours — and legal guidance based upon the individual circumstances of a particular case is very important in preparing for the unknown.

The “unknown” is the Federal Disability Retirement process, the administrative venue and the bureaucratic morass that encompasses the entirety of Federal Disability Retirement Law, and while no lawyer should contend that he or she knows “everything” about a subject, an experienced lawyer can certainly provide for valuable “pre-preparation”, as well as the preparation and the substantive work on formulating and finalizing that which is yet unknown, but ready to be revealed, uncovered, and refined into a Federal Disability Retirement application that stands a good chance of challenging the unknown.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: The gods of modernity

Each era has its false gods — of Greek ones that explained the mysteries underlying the universe; of religions that conquered by the sword; of Philosophers and Kings who ruled with an iron fist; of Freud, Psychoanalysis and other ghosts in the machine; and in modernity, of youth and the cult of the young, and perhaps of the authors of self-help books who have cornered the market on wisdom replaced.

The gods of modernity are different from those of a generation ago; the “I” and the “me” that pervades on Facebook, Twitter and Instagram; of the perfect “me” who takes selfies at every opportunity to reinforce and remind of the hollowness of the gods we make of ourselves; and in the end, the loneliness that one is left with when the screen is shut down and one is left with the reality of facing one’s self in the loneliness of a perception that cannot be faced in the mirror of one’s own reflection.

And of the other gods of reality: Perfection in perception.  But what happens if perception must encounter reality?  That is often the problem with a medical condition — for, medical conditions remind us of the ugliness of the world around: of mortality, vulnerability, and the loss of societal empathy for all things imperfect.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to be “perfect” in the workplace, and where the essential elements of one’s job can no longer be met, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application so that the focus of one’s life can be redirected in order to regain one’s health.

The gods of modernity — of a career, of never-ending competence and productivity in one’s Federal or Postal job — must be replaced with a revaluation of what is truly important in life: Health, sanity, and some semblance of caring.  And while securing a FERS Disability Retirement annuity may not be the answer to all of life’s ills, it will at least secure a future in order to focus upon getting better, and perhaps reorienting one’s focus upon a future that may be different and better.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Claims: Determined Lives

Can it be viewed in at least two different ways and meanings?  Of a life that involves determination — i.e., in the sense of forcefulness, enduring faith and strength of character?  Or, in another sense, of being already fated, without choices or options to consider?

Thus are determined lives characterized, and bifurcated into two camps of perspectives, although the one is not exclusive of the other by necessity.

Most people experience both sets of experiences, often intersecting with one another depending upon the circumstances faced.  In some set of circumstances, one may have complete control over the direction and purposive intent of one’s life, activities involved and goals to be met — and by sheer determination, one may in fact accomplish and meet those desired ends.

Then, there are times and contexts when one’s life seems to be determined — where the control of one’s future is not within the purview of one’s own desire or effort, but by some distant force of persuasion cannot be easily influenced by one’s own will and determination.  A medical condition is one such instance.  One has no control over the fact of a medical condition, only of its effects and consequences, and even that, much of it is left in the hands of a doctor or specialist.

Loss of control — of living a determined life (second meaning) as opposed to a determined life (first meaning) — is a feeling that no one desires, and for Federal and Postal employees who sense that the loss of control is expanding into other areas of one’s life — as in one’s employment, ability to maintain a working schedule, and the loss of capacity to perform all of the essential elements of one’s Federal or Postal job: it may be 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.

The distinction may be a subtle one — of living a determined life (second sense) or a determined life (first sense) — but the distinction may make all the difference in the world, depending upon what your next steps are.  Consult with an attorney who specializes in helping Federal employees obtain Federal Disability Retirement benefits in order to avoid the determined life (second sense), and attain a determined life (first sense).

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Fair Games

It depends upon how you read the concept, which word or syllable you place the accent or emphasis upon, doesn’t it?

In one sense of the concept, it has to do with games found at the county or state Fairs — you know, where cotton candy is sold and prizes are awarded for the largest potato grown or the fattest pig shown.  In another sense, it is in contrast to its opposite — of games where you have a good chance because rules are imposed and upheld, as opposed to “unfair” games where the proverbial deck is stacks against you.  It is in this second sense of the term that we apply.

Fairness itself is a difficult concept, precisely because of its malleability.  One concept of fairness is an arguable delineation based upon rules, perspectives, and even perhaps of cultural backgrounds.  Rules themselves can be attacked, and are “fair game” when it comes to disputatious boundaries, where there are essentially none to circumvent.

You can argue that such-and-such a call was unfair, and that obnoxious fan sitting next to you might counter, “But that’s within the rules of the game,” and you might then counter to the counter, “Then the game is rigged and the rules are unfair!”  What would be the counter-answer to the counter of the counter?  Perhaps, to say: “Listen, buddy, I don’t make up the rules.  It’s fair by definition if everyone who plays the game has to play by the same rules.”  Is that the silencer — the conversation-stopper — that cannot be argued against?

But what if everyone theoretically has to “play by the rules of the game”, but the rules are administered in a lopsided manner?  Is that what makes the game “unfair”?  Isn’t that what fans the world over complain about when the umpire, for example, sets the “strike zone” (or in other contexts, the “foul zone” or some such similar animal) too wide for some pitchers and too narrow for others?

Or, wasn’t there something like the “Jordan Rule” where a certain player was allowed to take an “extra step” (or two or three, for that matter) and no “traveling violation” was called, because the beauty of his fluid movements surpassed and transcended any “rules” that might disrupt the mesmerizing effect of such human defiance of gravity right before our eyes?  Could you imagine what an uproar that would have caused, where the player-in-question flies through the air with such acrobatic display of gravity-defying beauty, slam-dunks the ball to the rising wave of appreciative fans, and a whistle is blown — and the basket is disallowed?

That awkward motion that the referee engages in — you know, where both hands are balled up into a fist and made into a circular motion, indicating that a traveling violation has occurred — and then pointing to the scoring table and telling them to subtract the 2-points just previously awarded…is it “fair”?  Should fairness sometimes be overlooked when beauty-in-mid-flight entertains us to such ecstatic delights?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, life often begins to appear as if “fairness” is no longer an applicable rule — for, is it “fair” that one’s health has deteriorated despite doing everything to take care of it?  Is it “fair” that others seem to have lived a life of excess but seem not to be impacted at all by the abundance of maltreatment?  Is it “fair” that others appear to be receiving favoritism of treatment, while your Federal Agency or the Postal Service appears to be targeting you for every minor infraction of the “rules”?

Life, in general, is unfair, and when a Federal or Postal worker seems to be the target of unfair treatment because of a progressively deteriorating medical condition, it may well be time to prepare, formulate and file 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.

Life is often unfair in general; but when it comes to applying and enforcing “the Law”, it is best to consult with an experienced attorney, especially when seeking to obtain Federal Disability Retirement benefits through OPM.  And like the “Jordan Rule” concerning extra-rule-violation treatment, it is best to make sure that your attorney makes the Rules of the Game enforced — and fair.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Deviating and adapting

How does one deviate or adapt, if one is approaching something anew?

Such concepts as modifying or altering a methodology presumes that one has encountered the process before, and thus it stands to reason that a person who has never previously experienced something before can hardly be expected to provide new insights when the experience itself is new to the individual.  That is why we often refer to a person’s ability and capacity to “think on his or her feet” — meaning, to quickly encompass and adapt to new and fluid circumstances, despite a lack of familiarity with an onslaught of speedy changes.

Deviating, of course, can be a negative component, in that it may imply altering from a true-and-tested course of action, and unless one is certain of one’s confidence in a new path taken, there may ensue disastrous consequences when following a rebellious path that can lead to the unknown.  Many a trailblazer who knew not the way of the unbeaten path have perished by starvation or thirst.

On the other hand, we consider the capacity and ability of “adapting” to be a positive characteristic, in that it implies a characteristic of being able to respond to external circumstances that are changing, and requires a willingness to bend with the winds of change.

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 job, the dual concept of deviating and adapting comes to the fore precisely because of the need to change — both on the Agency/Postal Service’s side, as well as from the perspective of the Federal or Postal employee.

For the Federal Agency or the Postal Service, the issue of deviating and adapting comes about in terms of “accommodation” — for, it is necessary for the Federal Agency and the Postal Service, by force of law, to “deviate” from the former ways of behaving, and to “adapt” to the medical conditions and changes that the Federal or Postal employee is undergoing.

From the viewpoint of the Federal or Postal employee, deviating and adapting may encompass a wide range of issues in terms of accommodations — whether the situation and conditions posed are temporary or permanent by nature; whether the medical conditions suffered are able to be accommodated at all, either temporarily or permanently; and whether attendance is an issue; of how much SL must be taken; of FMLA issues and extensions of LWOP beyond, etc.

In the end, deviating and adapting from the “norm” may not be possible, in which case 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, may become necessary.

For all Federal and Postal employees, what is important to remember is that suffering from a progressively deteriorating medical condition will require deviating and adapting, and that may include the need to have expert legal guidance by an attorney who has previously had the experience in preparing an effective Federal Disability Retirement application so that any and all deviations and adaptations can be initiated from the perspective of previous experience, and not as a trailblazer off of the beaten path where getting lost in the complexities of Federal Disability Retirement Laws can lead to disastrous results.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Working with the Federal Government: Originality

It is a frightening word; for, it is what we all strive for, yet almost always fall short, fail or attempt to justify and obfuscate for not quite reaching that goal.

Fortunately, there are at least two, but likely an infinite number of, avenues of avoidance in being charged with its lack:  First, and fortunately, plagiarism is not a criminal offense and, moreover, no one really seems to care except in the most egregious of instances, and furthermore, for those professing to be constrained by Catholic orthodoxy, it isn’t even a venial sin, let alone a mortal one.

Second (and ad infinitum as to the corollaries, so that we do not have to go beyond the phrase, “And secondly” or engage in the Internet’s most popular search engine contrivances that always includes, “Five ways to..” or the “Ten most important…”), there is always an excuse for its lack, beginning with:  “Well, I did the best I could”; “It’s not so important to be unique as to feel good about yourself”, and the dead ringer:  “There is no originality left; everything has already been spoken for.”

Is that why the period between “the original” and “the remake” keeps becoming shorter and shorter?  Is it an unavoidable truism that – from themes and plots for stories, novels and other similar genres, to television shows and movies, as well as songs and artworks – there is a limit of finite constraints that even human creativity cannot avoid?

History reveals that originality of profound dimensions will arise in spurts and burps; from Continental Europe’s juggernaut of painters and writers, to America’s continuum of astounding literary greats including Hemingway, F. Scott Fitzgerald, Updike to Vonnegut; and, in the great tradition and power of the Russian novelists and playwrights, from Dostoevsky to Chekhov and multiple others, without even reaching back to centuries preceding, the originality of works steeped in profound insights cannot be denied.

Has modernity followed a similar course, or has the bludgeoning of unceasing informational overload tempered the capacity of human creativity?

There is a known, coy quip about the formulaic recipe for great literary or visual works:  “Have a terrible childhood, and write about it.”  Thus, such a perspective is reinforced by Dickens and other coconspirators.  A cousin to that rule is to live through political turmoil under repressive circumstances, and the validation for that is revealed by Eastern European and South American writers of current vintage, especially now that translations have been improved and perfected.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the concern about originality should enter but only in a cursory manner.

Facts must guide; the evidence will prevail.

In preparing answers to the connivances of questions required on SF 3112A (Applicant’s Statement of Disability), do not try to be “original” in writing the narrative of one’s life, medical conditions and the impact upon one’s positional duties.

Remember always the other quip that must be recognized:  That each individual is already a paradigm of the original, and while the narrative engaged may not always be unique, and the reviewer at OPM may have “seen one and seen them all”, it is nevertheless one of a kind whether recognized and acknowledged by others, precisely because the life-experiences the Federal Disability Retirement applicant has endured has been nothing but original in the first instance.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The numerical veil

Statistical constructs indicate group shifts and movements; numbers, based upon controlled samplings, provide the substantive fodder for analysis of trends and patterns of population deviancies.  There is, however, the question of the incommensurate nature between mathematical paradigms and linguistic application; stated more simply, Do numbers hide more than reveal, and can anything be extrapolated from them and interpreted in terms we can understand and comprehend?

To a winner of the lottery, the numerical phantasm “one in a billion” remains meaningless; and to the dismissive statistical irrelevancy stated in language more readily comprehended, that there is a greater chance of dying in an automobile accident than from a shark attack, becomes inconsequential and of little comfort if you are laying in a hospital bed with a good part of your flesh missing from such a traumatic event.  That’s the problem with numbers, of course, and the use, misuse and abuse of statistical analysis; in the end, it depends upon how it is used, the methodology of discourse, and the manner of application.

To be hit by lightening may well be more uncommon than death by drowning, but if your job is to be a caddy for an eccentric billionaire who enjoys golfing on days of severe weather patterns, the generalizations ascribed by comparative mathematical analysis may be somewhat skewed.  And, of course, for romance of young couples who scoff at divorce rates and patterns affirmed by celebrity lives and the cultural meltdown pervasive throughout, the lack of life experiences, the want of provocation through trials and turmoils yet to be encountered and not yet encumbering, allows for hope, charity and a sense of optimism despite the universe which surrounds of cynical diatribes.

We take comfort in the veil of numbers, precisely because we can manipulate them in the ways we want.  Facing a bleak outlook, we can justify resistance with a dismissive wave of the hand (or that invisible wand of magic and sorcery) and declare, “Well, the chances are…”  Numbers never tell of the human emotions and toil of reality; they remain as cold mathematical calculations, jiggered and manipulated by the picture of emotionless bureaucrats who wear spectacles to magnify the inconsequential harm imparted upon the lives left behind.

And for Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  Such individuals, whether under FERS, CSRS or CSRS Offset, become part and parcel of the statistical conundrum who once had names, faces and identities, but somehow became relegated into the numerical aggregate of “those” people who departed by filing an effective Federal Disability Retirement application through OPM, all because they could no longer perform one or more of the essential elements of the positional duties assigned.

Does such fear of becoming a mere irrelevancy of statistical obscurity make the Federal or Postal employee pause, despite the chronic pain or the psychiatric despondency which tells of the urgency to file for the benefit?  Probably.  Yet, beyond the numerical veil which hides, each Federal or Postal employee who departed and left behind such a statistical imprint, go on to live productive lives thereafter, with ongoing emotional ups and downs, as real people, living authentic lives untold by the hidden abyss echoing from the chambers of silent digits.

Sincerely,

Robert R. McGill, Esquire