Federal Disability Retirement: The Silence of Cemeteries

Whatever your theological foundations, the cemetery is a reminder that we return to the earth from which we came.  And the visitors to that place called “a cemetery” — the evocation of memories, of lives once shared, of a conversation and a soliloquy with those who have gone; it is a place of comfort whether you believe in the afterlife, of spirits and ghosts, or of nothing at all.

Sometimes, in the rural lands we pass so quickly by, you can see the old family cemetery lost in the overgrown weeds and woods of timeless echoes; or where new developments have cast them into roadside byproducts overshadowed by buildings and new houses; and where once they held a prominence in people’s lives, cemeteries have become vestiges of a world now too modern to notice.

It is well that cemeteries remain silent; for, if they were to speak, even in a whisper of barely audible voices, they would tell you of past regrets, and where time slipped away in foolish endeavors where people forgot about other people.  The silence of cemeteries betrays the agony of regrets throughout the long march of history’s cruelty.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition where the medical condition no longer allows you to continue in your career of choice, it is likely time that you considered your own health and well-being.  Preparing an effective Federal Disability Retirement application under the FERS system does not require that you are one step closer to the silence of cemeteries, but it does certainly remind you of your mortality and the health which is otherwise deteriorating.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and consider whether or not the silence of cemeteries might not be a reminder that our own health is what we take for granted, too often.

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 under OPM: The Difficult and Complex Case

Not every difficult case is complex; and, vice versa, not every complex case is difficult.

The “difficulty” of a case may be inherent or external — of problems within the body of the case, or some external elements which impacts upon the case.  Complexities can be qualitative or quantitative — arising from some element of a case which makes it more than the “run-of-the-mill” issue, or influenced by a multitude and variety of issues to be resolved.

Almost all cases have some inherent difficulties, and the complexity of a case can often be simplified by systematically resolving some of the inherent difficulties presented.  Often, a “complex” case is merely a matter of perspective — where the client believes in complications which in reality have no impact upon the case.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and which triggers the need to file for Federal Disability Retirement benefits, an initial consultation with an OPM Disability Lawyer who specializes in FERS Disability Retirement Law will often ferret out the complexities, define the difficulties, and simplify the issues to be resolved.

Every case has difficulties and complexities, but you should make sure that they are “real” ones, and not merely born out of not knowing the issues which are relevant.

Sincerely,

Robert R. McGill, Esquire

 

Filing for Federal Disability Retirement Benefits: Remakes

Some hate them and vow never to view or accept them in any way, being purists at heart and unable to fathom any possibility that improvement can be had upon an old classic; others — the opposite side of the coin — welcome anything new and will relish all updated versions where the old can be replaced by the new.  Still others remain in a somewhat “neutral” frame of mind: Acceptance in the form of saying to one’s self, “Well, any remake is merely a new and different movie; you can’t compare the two because they are different interpretations by different people.”  Or, perhaps a more moderated tonality: “Let’s just give it a chance.”

Can Jeff Bridges be any better than John Wayne as U.S. Marshal Rooster Cogburn?  Can any modern adaptation recapture the magic in Twin Peaks or improve upon its avant-garde approach?  Can there be a “better” Charlie than Diane Keaton in John le Carre’s The Little Drummer Girl — depicting the emotional turmoil of the Middle East conflict through the instability and confusion of a single person?

Modernity thinks that all previous generations have been lacking in something; perhaps it is just arrogance to think that a “remake” can be better than the original, or is it merely a lack of creativity because the “now” is unable to come up with its own original ideas, and therefore must rely upon that which has already been done once — or twice, or three times before — with an effort to “improve” upon it?

To some extent, it is an inevitability of life’s misgivings, and so we all have to “remake” ourselves at some point in our lives.

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 “remake” that must face is the one that is in real life: Medical conditions force one to remake one’s career, life choices and future plans.

Filing for Federal Disability Retirement benefits may not have been a “scene” in one’s life that was planned, but it has now become a necessity.  The movie reel within one’s life — the viewing of one’s future; how one sees one’s self; the “takes” that one shot of a career and a future — is forced to be remade when a medical condition hits one’s life.

Whether one wanted to or not, preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management becomes a necessity when a 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.  It is like “remaking” one’s life.

Just remember, however, that like all remakes, it is important to have a good “director”, and seeking the counsel of a Federal Disability Retirement Attorney who specializes in Federal Disability Retirement Law is an important feature of the upcoming film adaptation and remake of the truest of moves: One’s Own Life.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Foregone conclusions

There are many; some, within the universe of a greater subset, are perennial by nature, and can never be altered but for some miracle yet to be considered (like the fact that the Baltimore Orioles will have ended its season sometime by early June of each year); others, of a more generic knowledge, assumed and forever predictable, ever to be presumed as a law of nature (as in, somewhere in the world a war will be started within the next year, or that a child will be born, or even that a medical condition will impact someone, somewhere).

Foregone conclusions are tidbits of knowledge gained from experience of life; and where the cynic will declare that they establish the circularity of repetitive reality that cannot be avoided or ignored, the idealist will counter that miracles and exceptions may yet prove otherwise such that what was presumed to be a conclusion is never foregone but merely imagined.

For Federal employees and U.S. Postal workers who harbor thoughts of foregone conclusions based upon the deteriorating health of one’s present circumstances — that you will be “fired”; that the PIP imposed will inevitably lead to termination; that filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset will be defeated by one’s own Agency or the U.S. Postal Service — remember that it is up to the sole determination of the U.S. Office of Personnel Management, and not one’s Agency or the Postmaster of one’s Postal Facility.

All Federal and Postal Disability Retirement applications are submitted to OPM, and one’s own Federal Agency or the Postal Service can only have limited influence upon the viability and persuasive effect of a Federal Disability Retirement application.  Where there is a will to fight and an objective basis in which to file a Federal Disability Retirement application, it is never a foregone conclusion that there is not a chance for a successful outcome.

Now, as for those Orioles’ fans who think that there is hope for next year…well, you must truly be an idealist to avoid the foregone conclusion that, yes, the sun will rise again tomorrow, and set yet again later, but a season’s end that began in early May is not a great indicator of next year’s beginning.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for OPM Disability Retirement Claims: The gist of it all

When do we want the “gist” of something?  The essence or the “main idea”; or to filter it into the short version, somewhat like the “spark notes” of the thing of which we seek.  Is it appropriate if a student is sitting through a boring lecture and raises his or her hand and asks politely, “I have an activity to attend this afternoon. Can you just give us the gist of what you’re trying to say?”

Or of the greater meaning of life itself — you know, that grand design that everyone is seeking, which is why so many people believe in such things as the “Da Vinci Code” or, more recently, “The Chamberlain Key” — codes to codices that reveal the heart of ancient secrets lost in the trash heaps of history or otherwise forgotten because of wars, famines and changes of the proverbial guards.

Why is it that such “keys” must always be “ancient”, and shrouded in the mystery of “secret societies” who will murder in the dead of night to protect the gist of it all?  How does that reflect upon modernity — that we are too superficial to invent or discover such codes?  Or, is it merely that the cynicism of scientism and the reliance upon the physical universe, the influence of British Logical Positivism and the Age of Science have all subsumed such romanticizing of mysteries beyond the age of reason?

In this fast-paced society where technology surpasses by lightening speed the insular world of secret societies and the unraveling of veiled codices, what we want in the end is the gist of it all — to bypass the tangential details and get to the heart of the matter.  We have little or no time for anything else.

So, 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, what is the gist of it all?  In other words, what is the essence of a Federal Disability Retirement annuity?

Well, to begin with, under FERS (which most people are, as the dinosaur of CSRS or even CSRS Offset have now been relegated to the Pleistocene Era of Federal employment) the Federal or Postal employee must have at least 18 month of Federal Service.  Second, we must be able to prove that a medical condition prevents the Federal or Postal employee from performing at least one, if not more, of the essential elements of the Federal or Postal job.  And third, the medical condition must last a minimum of 12 months.

Now, this latter bit of a requirement is often confused with thinking that a Federal or Postal worker must therefore wait for at least 12 months after the onset of a medical condition before the Federal or Postal employee can file for Federal Disability Retirement benefits.  No, that is not the case — for, most doctors and treating medical professionals can render a prognosis as to the chronicity of the medical condition, and that is all that is needed.

Of course, that is precisely the problem of getting merely the “gist of it all” — because, in the end, the annotated version of an important text, issue or pool of information can rarely be filtered down into a cup that can be gulped with one swallow, but is often an ocean full of undercurrents and dangers consumed with sharks, whales and stingrays — sort of like the metaphor of life itself, only more complex because preparing, formulating and filing an effective Federal Disability Retirement application is a complicated administrative process full of bureaucratic pitfalls that cannot ultimately be confined by the gist of it all.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Law’s efficacy

When is “the law” effective?  Especially when speaking about an administrative procedure such as filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – what role does “the law” play in its procedural and substantive aspects?

Multiple distinctions are made on a daily basis with respect to the law’s efficacy; whether something is “legal” or not does not always mean that it is enforceable, for the costs associated may be prohibitively expensive.  To have a “legal right” does not always mean that one should necessarily assert it, for there may be practical considerations that come into play before moving forward with applying that which is rightfully existent.

Further, the mere fact that the law may be “on the books” may not necessarily mean that a society will always raise it up from the dead and apply it; for, as customs and normative constraints alter, modify and become transformed by evolution of thought, it may well be that dogs best left sleeping are the ones who are never bothered.

In Administrative Law – which Federal Disability Retirement issues are a part of – there is always the question as to what role, significant, relevant or somewhat in between, “the law” plays, as many steps throughout the procedure and process must deal with non-lawyers who have no clue as to the existence, force or applicability of legal matters.

Thus, should the “Bruner Presumption” be argued at the initial stage of a Federal Disability Retirement application even though the OPM administrative specialist who is reviewing the Federal or Postal Disability Retirement claim may have no clue about its impact, doesn’t much care and will likely not give much thought to its contextual relevance?

Does Bracey v. OPM matter when discussing the finer points of issues pertaining to accommodations and reassignment, or is that merely some esoteric legal argument that should be reserved for the Third Stage of the process, if and when a Federal Disability Retirement application is denied twice (both at the Initial Stage of the process, as well as at the Second, Reconsideration Stage) and is appealed to the U.S. Merit Systems Protection Board and comes before an Administrative Judge?

Should Simpkins versus OPM always be argued for Veterans with Service-connected ratings, no matter what the ratings are comprised of?

The law’s efficacy is ultimately determined not necessarily by the quantitative bombardment of effective methodological argumentation, but by the qualitative selectiveness of who to argue to, when to argue and for what purpose.  In the end, law’s efficacy is a strategic component that may determine the successful or otherwise outcome of a Federal OPM Disability Retirement application, and should be considered thoughtfully and with great preparation.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The mortality reminder

When does mortality become a concern?  Certainly, not during the youthful vigor when the future holds bright concurrent with the cellular construct yet expanding and multiplying.  Is it with the first encounter that reveals vulnerability?  And what is defined as a “healthy” sense of it, as opposed to an obsessive conduit to a dementia of nihilism?  Does a “close shave” necessarily haunt everyone, or does it matter as to the sensitivity of a soul that such karma encounters?  What “reminds” one of a future terminal, as opposed to becoming an all-consuming journey to avoid the ultimate consequence?

Whether for future promises of glorious defiance of it (Christianity and similar belief systems) or of denial of the substantive reality we face by it (Hinduism, Buddhism and similar negation-bases faiths), the treatment of how it is approached, the methodology of embracing or rejecting, and the paradigms constructed in order to answer the underlying metaphysical queries, are “projects” which Heidegger has identified as those very endeavors to avoid the inevitable.

For Federal and Postal employees who suffer from chronic, debilitating, or otherwise delimiting medical conditions, such that the medical conditions prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the brush with the question of mortality becomes a reality precisely because vulnerability from the secure world one has previously taken for granted, becomes threatened with each day passing in the empirical experience of contending with the medical condition itself.

Medical conditions remind us of our mortality.  Certain and specific conditions tend to exponentially magnify it tenfold:  Post Traumatic Stress Disorder (in nightmares, intrusive memories and recalling of traumatic events); Major Depression/Depressive Disorder (by the loss of stamina and the overwhelming sense of despair); Generalized Anxiety Disorder, which may include suicidal ideations and panic attacks (via the heightened sense of intolerance to work-place stresses); and those physical conditions which result in chronic and intractable pain, from multi-level degenerative disc disease, cervicalgia, myofascial pain syndrome; Rheumatoid Arthritis, Fibromyalgia, Chronic Fatigue Syndrome, as well as the ongoing list which every attempt to become “all-inclusive” always fails to mention, precisely because there is never a single right answer to the mortality reminder.

The key is often missed because the focus is misdirected – it is not so much the medical condition itself, but the impact of that medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties:  that is the essence and foundation of a successful Federal Disability Retirement application.  But more importantly, it is that “nexus” which is the key to the mortality reminder, and that which prompts the Federal or Postal employee into a spur to action:  Prepare the Federal Disability Retirement application well; formulate the foundation for Federal Disability Retirement carefully; file the Federal Disability Retirement application in a timely manner.

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 from Civil Service: Recognizing the best of times

Often, we mistake short-term travails with the chronic despair experienced by some.  In the midst of an experiential trauma, compounded by a lack of capacity to consider the limited perspective we find ourselves in, the enmeshment of the “now” without any insight for a better tomorrow, a future to behold nor a distance aglow with the proverbial light at the end of the tunnel, inflames the inner Darwinian categories of instinctive responsiveness to merely survive.

In retrospect, one’s judgment on any particular day or time, or even of an event remembered, may be altered.  We may even point to that slice of life and state with aplomb, “It was actually the best of times.”  How often do we hear that when one harkens back to the starving days, when struggling was a daily commotion and worrying was but a common routine?

By contrast, such reverential references are rarely attributed to those periods where longevity of suffering cannot be measured, where the chronic nature of the pain cannot be determined, and where no promises can be made that tomorrow will be any better off, no matter what extent of effort is exerted, than the next day, or the day before, or the day after, or the time prior.  In such circumstances, change itself may be a necessary component in the search for a light of hope.

For Federal employees and U.S. Postal workers who daily struggle with fulfilling the positional requirements of one’s job, filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the best option available.

The concept itself – the “best of times” – is a relative one; we compare it to other memories where distance of time has not faded too radically a moment of the negative:  no (or lesser) pain; controlled depression; inability to remain sedentary for long; unable to bend, lift or reach repetitively; unable to engage in the physical requirements of the job; inability to have the requisite focus, concentration or work for any sustained period of time without the high distractibility of pain; these, and many more, constitute the foundational loss which may qualify the Federal or Postal employee to become eligible for Federal Disability Retirement benefits.

Perhaps, getting an approval from the U.S. Office of Personnel Management will not necessarily mean that the best of times still lay before one; but surely, whatever the future beholds, the chronic nature of one’s medical condition, the unbearable burden of the daily toil just to make it to work, cannot by any manner of the definition, even imply that the “best of times” resides in the present circumstances of choice.

Preparing, formulating and filing for Federal Disability Retirement benefits is a choice of sorts; it is to recognize that there is, indeed, life after Federal Service or the U.S. Postal Service, and further, that recognizing the best of times involves movement forward and beyond, where the present circumstances of negative returns will likely never allow for a regeneration of that which keeps us stuck in the quicksand of daily toil.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The magical potion of impotence

It is the insertion of the preposition, or the omission thereof, which makes for the alteration of meaning and the subtlety of conceptual differentiation.  Note that it is the grammatical playground – “of” – as opposed to “for”; and that small distinction makes for a vast difference.  For, if the latter would replace the former, then it would mean a declaration of a solution to the age-old problem of what old age does to us, what loss of vigor for life, stamina in living, and deterioration of purpose makes of us.

Instead, because of that minor word, comprise of two letters – a consonant and a vowel – as opposed to the addition of another consonant, that identifies the problem, as opposed to proposing the solution.  For, if one were to insert the headline, “The magical potion for impotence”, and moreover, end it with an umph by inserting the punctuation of an exclamation point (“The magical potion for impotence!”), and even make the relevant preposition in bold (“The magical potion for impotence!”), it is a confirmation of a solution found, and not a problem identified.

Instead, we are left with less, abandoned by a twofer as opposed to a threesome; and by that mere omission of a singular consonant, the entire meaning of the declarative sentence is reduced to a core admission that not by a solution is the sentence offered, but by a mere confession of less and subtracted inferiority.  And, what is the “magical potion” of impotence?  What lack and lessening are we referring to, when by prepositional subtraction, we refer to the problem and not the solution?

It is (surprise) – words and language.  For, language is both magical, and a potion of sorts; it allows for communication, conveyance of meaning, and a solution to puzzles universally acknowledged.  It excites for the beauty of imagination, where one may observe a child lost in thoughts, in fantasies created by fairytales and worlds within the psyche of one’s soul, and delight in laughter, dream in aspirational hope, and become laughing mites in a greater world of sorrow and darkness.  It is through words, sentences and conceptual compounds that wars can be averted, disasters can be presciently subverted, and love can be expressed.

Concurrently, however, it is also the venue to an inability to accomplish – and that is where the magic itself, in potion-like medicinal dependence, can undermine the vigor of living.  It is when we depend upon words alone, and ignore the reality of the physical world around us, that it contravenes the very essence of life.  For, words alone, without necessary actions to follow, will often result in a weakened state of impotence.  It allows for a somnolence of seeming serenity, where we engulf ourselves in the security of words, more words, and greater soothing slumber of mere words.

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 position, beware of the magical potion of impotence; for, one can remain in the wallowing slumber of words – words from doctors, sentences from Federal Agencies, threats from Supervisors and Managers – and never take the necessary next steps.

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, requires that “next step” of “doing” – so that the magical potion of impotence can become transformed into the magical potion for impotence, and not remain the lesser, the subtracted, or the omitted consonant left behind.

Sincerely,

Robert R. McGill, Esquire