OPM Retirement for Mental or Physical Incapacity: Problems

We all have them; some, more than others; and by either quality or quantity, we often judge as to the burdens overloaded in our lives, comparing to others by contrast the significance of the impact of each, whether large or small, tragic and grandiose or irrelevant like a speck of a fly upon a windowsill in the basement where no one visits, anyway.

Wait long enough and they will sometimes go away; wait too long, and the little bothersome inkling may turn into an insurmountable gargantuan of a magnified adversity beyond human tolerability; and in the end, we are left with either being resigned to live with them, to solve them, or to simply survive them.

Problems are inherent to human living.  A wise pastor once said, “Where there are people, there are problems.”  This statement was a recognition that human interactions, relationships and the mere bunching up of personalities that conflict and become adversarial, in a world of limited means but unlimited emotional upheaval, by necessity invites problematic encounters.

We often think that, “If only I had…” — then, what?  That all problems would simply vanish?  Hardly, and most unlikely.  For, history has shown that in every endeavor that requires effort; in every relationship no matter the matching of perfection as to personality, temperament and compatibility; in the end, whether by external influences or internal derangements, conflict will erupt and problems will abound.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the necessity may arise for filing a Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset.

In such a state of affairs, problems already are inherent — the medical condition itself.  The key, then, is not to compound the problem by trying to maneuver through a complex administrative process without legal expertise, but rather, to engage an attorney who specializes in Federal Disability Retirement Law.

In the end, it is the compounding of problems that can be controlled.  Problems will always be with us, but for the Federal or Postal employee who must contend with a medical condition and must file a Federal Disability Retirement application, always remember that it is the next step beyond the original problem that will often determine the future course of problems, and whether they can be limited or allowed to fester and boil over into a compounding of further problems.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The rabbits we chase

The rabbits we chase are the ones that reveal not so much about our preferences, but more about who we are and the priorities we place.  For, as one walks about in life, whether in suburban neighborhoods where rabbits abound because no one shoots them for meals, anymore, and so they can multiply without natural restrictions for lack of predators, the fact that there are other things to pursue — but instead we choose the rabbit — tells others something about you.

Of course, it is the proverbial rabbit we speak about — of work at all cost, of refusing to concede that which is quite obvious to everyone else.

Much of real rabbit hunting, of course, is done by knowledge and pure observation — of how the animal reacts; in scurrying away, what route does it take?  What avoidance tactics are engaged?  In suburbia, you can no longer shoot a rabbit within the confines of the city limits, but there is no law that prevents you from doing what the American Indians were so good at — chasing one down, swooping with a strong arm and grabbing those pointed ears, all for a good lunchtime meal.

But of the other “rabbits” we pursue — of careers at the cost of our health, of tangential distractions that ultimately provide no foundational meaning in determining the destiny of sanctified thoughts and goals.

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, chasing rabbits is a familiar refrain — not because it is being done in various acts of futility, but because the rabbit itself is not just any ordinary rabbit, and doesn’t follow the standard paradigm of “rabbit-hood”.

For, it becomes clear that the very nature of the rabbit has changed — the Agency no longer recognizes that your years of toil and loyalty should mean anything; coworkers whisper and spread gossip; the level of productivity is declining; you are using “too much” Sick Leave or LWOP; the rabbit you are chasing doesn’t quite act in the same way, and you begin to wonder, Is it even worth pursuing?

Federal Disability Retirement is a benefit that is there for the Federal or Postal employee who has finally come to the realization that not every rabbit is worth pursuing, and not every rabbit leads to a satisfying meal.  Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is likely the next best step in catching the rabbit of choice.  Now, for which rabbit hole to jump into …

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement claims: Fact and opinion

These days, the distinction between the two has been almost completely lost.  One must qualify such a statement with “almost”, only because there may still be minority bastions and pockets of hope still holding out that the madness prevailing will someday be overcome.

Somehow, the lines bifurcating the distinction that once were so obvious became obscured, until suddenly it was no longer a matter of just blurry lines, but the lines themselves had disappeared, and no one spoke as if there was a difference to be had.  Facts were confirmed and established “somethings” in either the objective world or of tradition-laden statements that we could all agree upon; opinions were various interpretations of those commonly-accepted facts, interspersed with the subjective content that often prefaced with, “It is my opinion that…”.

We have now discarded even the prefatory admonition, now, because it has become an unnecessary addendum; since there are no longer any facts, and everyone is privileged to hold an opinion, we go ahead and speak not facts because our opinion holds out just as well, thank you very much.

Where did it all begin?  Was it because Plato made too much about the difference between reality and appearance — so much so that he was forced to manufacture his conceptual fiction of ethereal “Forms” that itself became so problematic?  Or was it with Descartes, where certainty of one’s own existence became relegated to the subjective “I”, and so it was bound to become a muddle as more and more philosophers came to realize that, like Russell’s muse about language and the destruction of the traditional correspondence theory of truth, statements made could not so easily be identified as either fact or opinion.

It becomes much more problematic when statutory, reputation, education and logical methodology are altogether discarded and made irrelevant, and so we come back full circle in questioning ourselves, the categorizations we have imposed, and how to get beyond the conundrum of modernity’s own making.

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 job or Postal position, the question concerning “fact or opinion” is an important one, because the weaving of one into the other is queried in Standard Form 3112A, Applicant’s Statement of Disability.

How one’s answers are formulated and presented; whether they can be verified, established, “backed up with facts” as opposed to being left as mere subjective opinions — are all bundled up and contained within the questions asked, and how you will be answering them.

Fortunately, there is still remaining an approach and methodology of presenting facts as facts, and setting aside opinions and interpretations of the facts, and in 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, it is important to recognize the difference still, and be cautious in completing SF 3112A in light of modernity’s obsessional disorientation on the difference between fact and opinion.

Just the facts, as stated by my opinion.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on FERS/CSRS Disability Claims: What isn’t known

There is often that final question during a consultation — of “any other advice” that can be given, or whether something else was forgotten, or the generalization of “Anything else I should know?”  That is where the particulars of a case must be known, and the wide chasm that exists between “being a client” and merely receiving an initial overview of a person’s case.  For, what isn’t known is often the element that can harm or injure, and the question asked but left unanswered is the one that no one thought about but should have.

Lawyers like to enter an arena of legal battles well-prepared; all questions asked, normally already are presumptively answered, and no lawyer worthy of his opponent asks a question that he or she already doesn’t know the answer to, or at least has a fairly good idea about.  In a Federal Disability Retirement case, where there are multiple stages of an Administrative Process to tackle and prepare for, the First Key to success is to not submit that which will be harmful to one’s case.

As an attorney who represents Federal and Postal workers in preparing, formulating and filing 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, the primary issue is obviously upon the medical report and records to be submitted; followed by the legal arguments to be presented and established, normally through an extensive Legal memorandum, which provides a kind of “road map” for the assigned OPM Specialist to review and (hopefully) become persuaded as to the validity, incontrovertible legal basis, and the substantive qualification of the Federal or Postal employee in meeting all of the legal criteria in becoming eligible for Federal Disability Retirement benefits.

For the Federal or Postal employee who attempts this complex Administrative Process without legal representation, the obstacles, pitfalls and potential hazards are many, and it is often what isn’t known that defeats a Federal Disability Retirement case.

Sure, there are cases where the presented facts, medical conditions and evidence constitute an undeniable, “slam-dunk” case, but those are few and far between, and we can all recognize such cases and a competent attorney would normally advise such individuals to go ahead and complete the Standard Forms, attach some relevant medical documentation and file for Federal Disability Retirement benefits with OPM.

Then, of course, there are cases on the far side of the spectrum that constitute a “weak” or otherwise invalid case, and those, too, are easily recognizable.  Most cases, however, fall in the middle, within the spectrum where one must affirmatively and by a preponderance of the evidence “prove” one’s eligibility for Federal Disability Retirement benefits.  And for all such cases that fall in that “middle” area of the wide spectrum, what isn’t known is the lynchpin that must be identified and prepared for further assessment and formulation, whether by addressing it in a medical document or reinforcing it by legal argumentation.

Sincerely,

Robert R. McGill, Esquire

Lawyer Representation OPM Disability Retirement: Reality versus fantasy

What is the difference between reality, fantasy, dreams, nightmares and pure hallucinatory visions not otherwise categorized?  At times, we engage in the madness of asking such questions, all the while forgetting that the very reason why we are capable of making such a query is precisely because we already know the distinctions that divide the differences.

In philosophy, there is often the pure pablum and sophistry of asking questions that, at first sight, might be taken seriously.  For example, to the question: How do we know that the reality we are presently experiencing is not merely a dream of a butterfly?  Or: Upon exiting a room, how can we be certain that the objects left behind still exist despite our inability to observe them (similar to the query, Do mountains exist on the far side of the moon?  Or, if a tree falls in a forest and no one is nearby, does it make a sound?).

What we forget when we ask such questions is the precondition to the query in the first place: namely, the fact that we can talk about fantasy presupposes an acknowledgment of a reality that is distinct from fantasy, and it is precisely our “forgetting” such a presupposition that allows for the question to even make any sense in the first place.  It is similar to playing a video game, or watching a movie that skirts outside of the boundaries of believability; the mechanism to suspend disbelief is the pathway towards allowing for unserious questions to gain some credulity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, it is often this capacity and ability on the part of ordinary human beings to suspend disbelief in the reality of one’s situation that perpetuates a refusal to take the necessary next steps — of preparing, formulating and filing 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.

Thus can we suspend the disbelief of reality that tomorrow will be any different from today; or that the doctors will find a miracle cure; or that the Federal Agency or the U.S. Postal Service will actually attempt to accommodate the medical condition for the Federal or Postal employee.  On the other hand, fantasies allow for the continuation of hope to fester, as the reality of working for a Federal agency or the Postal Service itself often represents a surrealism that cannot be believed.

In the end, however, the reality of one’s circumstances will “catch up” with you, and the fantasy that the Federal Agency or the Postal Service would do something to accommodate the Federal or Postal employee will ultimately turn into the nightmare that it always was, and only the replacement of a reality that is recognized will awaken you from the slumber of indifference or menacing glare.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability: The constant struggle

It does appear never-ending, doesn’t it?  And what of that dream – of some windfall, or perhaps the lottery pick of numbers that somehow keeps people coming back to the corner Mart and purchasing tickets despite the astronomical chances that defy the odds of probability?  Why is it that people are more apt to believe in conspiracy theories that the moon landing or aliens from Mars have been concocted and coopted by some nefarious government, but no one believes that those “winners” of multi-million dollar lotteries have been a “set-up” to keep people enticed into buying more and more worthless tickets?

Is it because life is a constant struggle, and so long as there is some fantasy to believe in, some pie-in-the-sky probability to reach for and dream about, the misery of today’s misfortune can be borne with aplomb “so long as” … so long as there is some hope for tomorrow?  And even if the lottery were to be won, by some unforeseen whim of a chance begotten, would life no longer be that constant struggle, and does financial freedom guarantee happiness, joy, freedom from the struggle and liberty from the daily fetters of life?  Why is it that we believe that winning a treasury trove of sudden infusion of financial depth will suddenly resolve all ills of life?

And then, of course, there is the medical condition.

What most people would not trade for good health – and, for some, even a day’s worth, an hour’s splice of that day, or even a few minutes free from the pain, the anxiety, the worry of ill-health?  It is one of those statements of proverbial “throwaways” that we all pay lip-service to, isn’t it?  That one that goes something like: “Oh, I would trade in all of my wealth, status and everything I own to get my health back.”

We hear other people say it, and nod with quiet agreement, but somehow, we don’t quite believe it – until our own health begins to deteriorate.

The key to wisdom in life’s journey is to come to a point of recognition that the constant struggle never ends; and by such recognition, to savor the moments of beauty and those “little joys” of life.  Yes, yes, that is the basis of another “conspiracy” or sorts – of the wealthy and powerful to make the “little people” believe in such joys as flowers, children and puppy dogs, while they go out and sun themselves on the extravagant yachts of life.

For Federal employees and U.S. Postal workers whose health has been deteriorating, who recognize that one’s career is more than just the constant struggle of daily living, it may be time to consider 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.

Yes, you cannot any longer do all of the essential elements of your job; yes, life is a constant struggle, and your medical condition makes it all the more so; no, you are not going to win the lottery; and finally, even if you did, it won’t make the pain or depression go away, and winning the lottery, in the end, won’t make the constant struggle disappear, and probably won’t even make it any more bearable; and thus the need to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Life puzzles

Depending upon the accent or inflection, the phrase can take on differing meanings.  If stated in a monosyllabic intonation, it can be a quiet declaration that the entirety of life is comprised of multiple puzzles in an inert, non-participatory manner.  The other way of “saying it”, is to pause between the two words in dramatic form, or even put a question mark at the end of the phrase, making the second word into an active verb and the noun of “Life” into a projectile that deliberately confounds and obfuscates.

In either form, we all recognize the truth underlying the sentiment: from birth to the continuum of living daily the challenges and encounters, it is always a constant struggle to try and maintain a semblance of rationality in a universe that continually creates flux and mayhem.  That was the philosophical strain that was always taught between the contrasting foundations of Parmenides and Heraclitus; of the wholeness and unity of Being as opposed to the constant flux and change that the world imposes.

Life puzzles us in so many ways, and the life puzzles that confront us daily confound and confuse.  See the subtle difference between the two ways of using the phrase?  In the first, it is in an “active” form, invoked as a verb (transitive or intransitive), whereas in the second, it is used as a noun.  We can get caught up in the grammatical form and usage of words, and in the process, get lost in the theoretical issues surrounding words, concepts and thought-constructs surrounding so many endless and peripheral issues; but the point of recognizing such subtle differences in the language we use is precisely to avoid and deconstruct the confusions we create within the language we use and misuse.

In either form of usage, it is important to state clearly how and for what purpose we are engaging in a formulation of words, thoughts, concepts and narrations.  We all carry narratives within ourselves that we must be ready, willing and able to use in order to describe, explain and delineate.  Those subtle differences that words create must always be untangled.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the importance of being able to distinguish between subtle forms of language usage cannot be over-emphasized.  For, Standard Form 3112A, Applicant’s Statement of Disability, is in and of itself a life puzzle that puzzles even the clearest of puzzling lifetimes; it is, moreover, a legal conundrum and a language puzzle that must be carefully reviewed, discerned, untangled and responded to by first recognizing that life does indeed involve puzzles, and such life puzzles must be approached in a non-puzzling way.

Sincerely,

Robert R. McGill, Esquire