Tag Archives: separated employee with csrs offset with ssd

Federal Disability Retirement Help: Adumbration

It is a vague foreshadowing for future events — often a sense of unease, a non-specific feeling of dire foreboding, or when someone says, “I cannot put my finger upon it but…”.

It is when your dog acts skittish, but you don’t quite know why until some unexpected event occurs, and you pause and wonder, “Was he trying to forewarn me?”  Or what the Native Americans in tradition and mythology could foretell because of their intimate connection to the behavioral psychology of birds, deer, other animals, etc., and even of rocks and boulders which shimmered some secretive reflection of nature’s future unease.

Adumbration is the sense of knowing without being specific; of an intimate connection to one’s context, but where context is now merely a shadowy doubt no longer ensconced upon the altar of Man’s worshipping misgivings.  Are you a Federal employee or a U.S. Postal Worker?  Are your medical conditions becoming an adumbration of a future yet uncertain?

One’s future cannot flourish, let alone merely continue, in one’s Federal or Postal job, precisely when there exists an incompatibility between one’s medical conditions and one’s Federal or Postal positional duty requirements.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether or not the adumbrations revealed in the symptomatologies one experiences is not the basis of a viable Federal Disability Retirement case.

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.

 

Postal & Federal Employees with Disabilities: Apparent Perfection

There are no perfect lives, only the appearance of perfection.  We walk past one another, bump shoulders in large crowds (well, in these times, with social distancing and masks required, perhaps not); and we imagine other lives, other families and other strangers to live lives of perfection, or near-unblemished ones, until we hear otherwise.  Twitter, Facebook and other social mediums provide that appearance; but deep down, we know that perfection can never be achieved, only the appearance of it.

As the old idiom goes: Before you judge a person, walk a mile in that person’s shoes — and it is when we learn about the private details of another’s life that we begin to either appreciate our own, or become even more discontented.

Medical conditions are often masked by the appearance of normalcy, and we judge based upon the surface manifestations — a grimace; a groan; a wince; a request for assistance; or perhaps a vacant stare or paralysis of actions.  Not all pain can be verified by a diagnostic image; some conditions can only be correlated by real-time sensations.

For Federal employees and U.S. Postal workers who can no longer perform all of the essential elements of one’s Federal or Postal job, contact and consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider whether the apparent perfection you have been presenting to your Agency or Postal facility is no longer possible because that presentation of perfection has been undermined by the medical condition itself.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Failures

When they come, we tend to overemphasize them.  When they become a rarity, we believe far too grandly in our own abilities.  It is always important to maintain a balanced perspective — what Aristotle would have termed the “middle way” or the Golden mean.  To avoid the extremes is a difficult path to follow.

Failures come into our lives within a context of a society which is intolerant of them.  We root for the winning team and barely recognize the fabulous plays of the defeated one; an individual can perform exceptionally well throughout, but if in the last minute, the final few moments, or in the very last second of that performance, the prize is overtaken by another — all of that effort is deemed a failure and for naught.

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, OPM Disability Retirement might have to be considered.

Perhaps you had a long and extended career or, maybe you have barely met the minimum time-in-service requirement of 18 months of Federal Service.  In either event, you have met the threshold for filing a FERS Disability Retirement application, and whether of a long and fruitful career or of a short impact within a specified timeframe, filing a Federal Disability Retirement application is not an indication of a failure to be distraught over, but merely a recognition that it is time to move on to the next phase of a future yet bright and hopeful.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: Form and matter

Have you ever reflected upon the word, “matter”?  Such an interesting and compelling unit of our language — as in the question asked, “What is the matter?”  By contrast, how about the question, “What matters in this world?” and in a different form, “What matter makes up the universe?”

“Matter” refers to substance, whether used in the manner referring to a circumstance or event, or in inquiring about the foundational essence of that which makes up the “something” in our world.  Form, as Plato tried to explain, is the distinguishing feature that “molds” matter into various distinctions, without which all of the universe would be inseparable into a singular being — and thus the conceptual paradigm of a “oneness” of being originating, as in the first lines of the Old Testament, and out of that the omnipotent Being created the world by “forming” this matter or that matter into individual units of beings.

Matter is thus the “stuff” that things are made from; Form, the appearance that makes X distinguishable from Y; and thus does Being turn into individual beings because of the distinctive forms each take on.  But when we ask those other questions — i.e., “What is the matter?” or “Why does it matter?” — we are asking about relevance, substance, the “stuff” that makes up the event or the circumstances, and not the form or appearance; in other words, we want to get to the meat of an issue.

In that sense, the two meanings of the same word are intended in a similar manner: both for the substantive element that makes up the thing we seek.

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 job, filing for Federal Disability Retirement benefits under FERS may become a necessity.

In the process of seeking information about OPM Disability Retirement, both issues will be sought — though you may not realize it in this way — of both “form” and “matter”.  That which distinguishes your case from all others; the “meat” and substance of what must be included in your Federal Disability Retirement application, especially in the medical reports, the Applicant’s Statement of Disability, and the unique features that “make up” your case that have to be “formed” in order to present it to the U.S. Office of Personnel Management.

Form and matter make up everything in the universe, and it matters how you formulate a Federal Disability Retirement application because matter unformed is merely a lump of nothingness that will result in nothing further unless you form it properly.

Sincerely,

Robert R. McGill, Esquire

 

FERS Retirement for Mental or Physical Incapacity: When once…

When once the dream was left unfulfilled, and yet the future appeared so boundless and promising; when once the time spent was so precious as to bring memories and tears of joy for the privilege to live; when once the rains came but not to dampen the sorrows of yesteryear, but to wash away the scars of today’s longing; and when once, there was a time forever bottled so that tomorrow would be remembered as a mere passing thought, and the day after a haven for memories yet to be forgotten.

When, once, we took for granted that which we never think about, reflect upon, and youth’s folly continued for a day and a dawn only to be wistfully forgotten when once the call from Mom’s flustered voice shouted at us to come in for dinner, when the crickets were still singing their mournful melodies in the quiet of evening’s end.

Looking back can hold one back, especially if the remorse of what once was makes you pause in a day when even an hour cannot be spent whittling away the time that cannot be recaptured.  There is time enough for remorse and regret; time yet to remember and recall with nostalgic warmth for days of yore; but as the world turns in the “here” and “now”, the daily grind of duty’s call and obligations which cannot be avoided, must first be attended to.

“When, once…” is to be set aside until the last breath when the drifting dreams of yesteryear’s pausing regret begins to foreshadow today’s memories of a bygone time.

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, time remains of the essence, and while sickness and deteriorating health may freeze one into desiring a time of remembrance back, “when once…” — it is not the right time, yet.

This is still the time to fight on; it is the moment to preserve and protect; and while a Federal Agency or a Postal Facility may have dampened your spirits or attempted to make you into a downtrodden employee whose best years are behind you; nevertheless, it is time to assert your rights and carry on the good fight.  Preparing, formulating and filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset, is a good part of that fight to preserve and protect your rights.

Why should you fight for them?  Because, when that time comes when you say to friends or family that, “When, once…” — the “filler” should be: “When, once…they tried to deny me, I fought and won.”

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement Legal Representation: Future uncertainty

It is a peculiarly human endeavor to reflect upon and ruminate; to consider that which has not yet occurred, and to worry about it, turn it over, consider the options, become so ensconced in the details of that which is still yet to become, if at all, and to will anxiousness and even harm one’s health over it.

Does the dog that one has known for many years engage in such conceptual angst, and project one’s self towards a time yet to become?  Well, yes — there can be a similar sense of anticipation; of prefatory behavior in response to an approaching hour.  If, on every Sunday at noon a tremendous noise is heard, dogs and other animals can be ‘trained’ into becoming anxious for several hours before the event, and act accordingly.

Is that merely an inculcated imprint, or is there some lengthy thought process — reflection, rumination or anticipatory consternation — involved in the anxious behavior exhibited?  Is there a distinction to be made in the manner in which human beings behave towards future uncertainty, or is the difference merely one of degrees?  Does our capacity towards an insular universe, self-contained within thoughts and boundless tangential roads that lead to greater depths of despair and self-inflicted despondency differ from the trained responses as exhibited by other species?  Or, is our capacity simply of “more”, and the extent of our means merely one of exponential exhibitionism?

Future uncertainty — what is it?  Is it a learned response or a human peculiarity of untold evolutionary need?  How does one engage in it, and are there better coping mechanisms than others?  Does life’s experiences grant any reprieve, or are we all subjected to its devastating effects?  Do the wealthy experience it in the same manner, or does it merely take an extremely selfish personality — one that cares nothing for others and thus feels no sense of obligation in forestalling any belief in future doom that may befall family members — to avoid the angst of foreboding tides?

For Federal employees and U.S. Postal workers who have that sense of future uncertainty because of a medical condition that has begun to prevent the performance of one or more of the essential elements of one’s job, the obvious antidote to such feelings is to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Yes, the future may appear uncertain at this moment; yes, the sense of not knowing gives a recognition of anxiousness that seems never-ending; and no, filing a Federal Disability Retirement application is not the answer to all problems presented.  However, it is at least a start — to refocusing one’s attention to the priorities of life’s foundational precepts: of health and in securing some semblance of a future yet to be determined, but to be anticipated not with a foreboding sense of gloom, but of a tomorrow that may yet promise a day after.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Implicit Questions

In many questions, there are multiple sub-questions.  Take, for example, the question:  Why are you so tired?  You may respond first by answering the unasked but implicit question by declaring:  “But I am not tired”.  That is not what the question asked.  Such an answer is a response to the implied question within the question, of:  “Are you tired?”  To the question actually asked, the proper response might be:  I stayed up late last night reading.  The presumptive sub-question unstated and silent but implicit in the major question posited in duality of a contingent combination, is precisely what is often termed as “lawyerly”, and thus somehow deceitful, tricky and attempting to subvert by having the responder accept a non-explicit presumption of facts.

The classic example, of course, is the cross-examination query stated variously as:  “When did you stop beating your wife?”  Before an objection is launched, the unwary witness might respond, “I didn’t” – meaning (from the witness’ perspective) that he never beat his wife in the first place, when in fact such a response evokes a different meaning – that the individual never stopped beating his wife, and continues to do so up until the present.  There is, in such a duality of question/sub-question combination, the presumptive prefatory inquiry, stated as:  “Have you ever beaten your wife?”

It is, in many ways, the capacity and ability to dissect and recognize the need to bifurcate or even trifurcate linguistic bundles that require thought, reflection and insightful methodologies in order to help define existence as successful or otherwise challenging.   Life is a tough road to forge; language opens the world by allowing for avenues and pathways of communication, but it also compels constructing obstacles that deflect and defeat the reality of Being surrounding us.

In the linear historicity of language and the explosion of thought, conceptual paradigms and communication inventories, the commingling of questions, the looseness of language and the careless ways in which thoughts are provoked, may lend itself to confusion, puzzlement and an inability to solve problems.  That is, of course, the strength of argument impounded by the British Empiricists, and while their collective denial of any substantive issues inherent in philosophical problems is itself suspect, their contribution in attempting to identify peripheral, “non-substantive” issues arising from the imprecise usage of language, in contradistinction to central and essential conundrums, helps us all.

For Federal employees and U.S. Postal workers who are preparing to formulate 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, a word to the wise:  SF 3112A contains multiple implicit questions, and bifurcation – nay, trifurcation – is an important element to consider and resolve.  Be cognizant of the implicit question – lest you answer the major question without considering the prefatory query.  Standard Forms are replete with compound questions, and the unwary will inevitably fall into the trap of answering the question posed on the surface, and in so doing, admit to facts presumptively “hidden” in sub-questions unasked.

Preparing a Federal Disability Retirement application requires the effort of untangling such compounding and confounding queries; it is up to the unwary Federal or Postal employee to bifurcate and trifurcate such attempts, and to dissect, with precision of purpose, the questions unasked, and answer those which are both prefatory and sequential.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: And then we die

(It is the parenthetical previous statement that ultimately matters, left blank to be completed, and never to be presumed).  Actions of finality, or seemingly so, tend to create an aura of despair and angst.  Once, in a world where purpose was never questioned, and the teleological end of man never brought forth the hint of doubt, the cohesiveness of society’s resolve was never a pause.  It is the modernity of hesitation, trepidation and loss of judgment that brings us to the pit of incessant questioning, as opposed to “doing”.  This is a maddening world, where the rise of Existentialism and post-modern impotence leaves us to seek therapy at every turn.

What we do in our lives before that terminal event; what dreams we once possessed before the souring of cynicism overwhelmed us; and of those lazy summer nights when the dancing illumination of fireflies dotted the canvas of a blackened void, when thoughts would drift beyond the mere mediocrities of present lives, current circumstances and seemingly unassailable realities which constrained, restricted and limited the dreams shattered by the reality of our travails; it was then that a glimmer of hope, an expectation of possibility, and a hint of potentiality yet unrealized, would creep into the essence of our souls.

Fairytales matter, because youth cannot survive another day without some fantasy of hope; and doors left unopened and locked with the resolve of “forever” will only diminish and destroy, where the need for tomorrow yet shouts in a rashness of desire.  To shut the pathway to dreams or to construct obstacles for the mere sake of obstruction is to strangle that parenthetical gleam of light yet unextinguished and to betray the angels who look down upon us with the remnants of wings to be unfurled, in hopes of fluttering to pass by with a smile.

Perhaps, one day, there will still be such follies to believe in.  For now, there is only the toil of daily grind, and thus are we left with the question implicit in the statement:  And then we die.

In Muriel Barbery’s work, The Elegance of the Hedgehog, a youthful life of advantage but of seeming meaninglessness is traded with an older woman’s upward trajectory once lost in the anonymity of class distinctions, and the theme throughout encompasses the essence of a life’s worth.  We all want to embrace meaning and value in the life which has been given; have we fulfilled our potential?  Did the dreams we once possessed, handed to us like jewels on a plate of limitless infinity, become realized, or was it a wasted phantasm like a handful of sand squeezed and escaping through the crevices of our closed fists?

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, the questions garnered by thoughts of future insecurity are natural and plentiful.  It is, in many ways, similar to the refrain repeated herein:  And then we die.

Once a Federal Disability Retirement application is approved, and the Federal or Postal employee is separated from the Federal agency or the U.S. Postal Service, one wonders:  Was my work of any lasting value?  Did I leave an imprint upon the shifting sands of a prior existence?  Did I make a difference?

But those questions should be cast aside and left behind, and instead, it is still the future of one’s unfinished work that should always be focused upon, and preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is to continue the narrative in working upon that familiar refrain, that the future still promises a fulfillment of unfinished potentiality, and the unmarked grave need not be one which is unvisited even in the twilight of our lives.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Other people’s misery

Why is it that the misery of others tends to soothe our own?  Yes, yes – we grant the common and appropriate responses of heartfelt empathy and facial frowns and perhaps even some tears; but in the end, is it because of the resulting comparative analysis – of a cold, rational and logical methodology of responsive behavior – that we appease the gods of fate in some primitive form of sacrificing others, knowing that so long as the traveling karma has not yet noticed our own plight of devious accord, we are safe for another day?

Or is there some false paradigm upon which most of us operate – that economic prosperity is based upon a limited “pie”, and we must take a set portion before it disappears, or protect the leftovers we have salvaged against the ravenous predators who seek to deprive; or that chance and statistical ascription of proportional divides mandate that there is only a predetermined reach of human misery on a macro-level, and so long as that preset number is satisfied, such tragedy of suffering will leave us untouched?

We certainly have a history of such mythological adherence; whether of man’s historical conduct by religious fervor and slaughter in the name of heavens unreached (which has still not quenched its thirsting pinnacle of folly, as current epics attest to), or in the silent quips and prayers uttered to protect ourselves from nature’s fury; we believe, somehow, that but for the grace granted by an unfathomable other, we would experience the plight of those whom we would rather avoid like the plague.  Or is it much more basic – somewhat like the epidemic which takes the life of another, and the thought is, so long as the infectious predator busily devours and destroys the next guy, you are immune to its distracted attention?

We certainly find relief, and even enjoy the consternation of discussion, in other people’s misery; to stand around and about gossiping of trials and heartaches inflicted (with the distinction appropriated that, because the point of such exchanges are meant to be “helpful”, so the difference between “malicious gossip” and what we engage in must by definition allow for the momentary lapse from decorum) upon “poor Joe” or “Aunt Emma”, all the while making sure that the concealing mask bordering upon frowns and distraught distractions would not betray the sense of relief felt that it is the “other” guy whose misery remains.

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 positional duties, the thing that must be known and recognized at the outset is that the human need to embrace, discuss and “do something about” other people’s misery, is that the “other” person is you.  Thus, whether in a small department or a larger agency where anonymity prevails, or in a small post office or larger postal facility, the gossip which runs throughout will be like an untamed fire where no amount of extinguishers will control the spreading of it.

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, is the only way to control the discussion of that which once was the subject of another, when the “other” of other people’s misery becomes the object directed at you.

Sincerely,

Robert R. McGill, Esquire