Attorney for Federal Disability Retirement Claims: King for a day

There are, then, those highs and lows which everyone experiences; of days when one has successfully maneuvered through the pitfalls of the day, and where troubles, problems and difficulties have been either overcome or avoided — both of which amounts to the same thing in most instances.  To be King for a Day — is it a mere feeling that obfuscates the reality of one’s situation, or a reality based upon a metaphor hanging on a cliff of a proverb?

The world for the most part leaves the rest of us the crumbs off of the tables of the wealthy and powerful; the sense that we have any real control over our own destinies is tested when something goes wrong, and we try and correct it.  The rest of the time — of being King for a Day — is to just make us feel like we have any such control on any given day.

Take the Federal or Postal employee who struggles with 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 — some days, when the medical condition subsides or it is merely one of those “good” days, it may feel that destiny is within the palm of your hand and that the day’s brightness allows for a future with the Federal Agency or the Postal Service.

But then the inevitable “setback” occurs, and the cycle of the “bad day” comes along.  Then, one day the Federal Agency, with its co-conspirators of supervisors, managers and some coworkers, or the Postal Service with the same cabal of backstabbers, begins to initiate adverse actions with steady and incremental deliberation — of leave restrictions; unreasonable and baseless denials for extended leave or FMLA; letters of “warnings” and even placement on a PIP; and then one asks, Whatever happened to that feeling of being King for a Day?

Life is full of struggles and difficulties; we rarely are able to get a full handle on the future course of unanticipated troubles, and that is why preparing, formulating and filing an effective 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, is so important to get started early and well on the right track.

Being King for a Day is never the solution to the lengthy process of life’s misgivings; for, in the end, it is the Court Jester who hears all and counsels well, just like the lawyer who specializes in Federal Disability Retirement Law.  If only King Lear had listened to the Fool — what disasters he would have avoided!

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Accuracy

How important is accuracy?  The converse of such a query, of course, is:  Is inaccuracy significant?  One would immediately posit:  It all depends.

Take the following 2 hypotheticals:  An archeological dig is conducted, and it is believed that the site of the ruins is of relevant importance concerning a time-period of “recent” history — say, during the American Revolution.  Given that scenario, the “dating” of the site should be ascertainable within a year succeeding or preceding, such that if the Lead Archaeologist declares that the event in question occurred in 1778, “or possibly in 1779, maybe as early as 1777”, we know that — given the time period in question (1775 – 1783) — such a statement conveys a fairly accurate historical context.

Now, take the same hypothetical, but this time [sic] concerning some form [again, sic] of a fossil that is deemed at least 500 million years old.  If the Lead Archaeologist declares with some hint of irony, “Give or take a few million years more or less” — what would our reaction be?  Is such a “find” just as accurate as in the first hypothetical?  Can a declaration that is numerically off by a few million years (i.e., looking at it in quantifiable terms of 24 hours in a day times 365 days in a year times 2 – 5 million years equals how many hours for those who want a graspable perspective) be called a “science” in any meaningful usage of the term?

Of course, one could argue that even within the first hypothetical, given the limited range of years that comprises the American Revolution (1775 – 1783, or a mere 8 years), to be off by a year or so is also quite an astoundingly inaccurate assessment.  But which is “more accurate” — the one that is estimated within a year, or the one that quantifies it in terms of “millions” of years?  Can one even ask the question of “more or less” accurate, when the very concept of accuracy itself denotes precision and pinpointed, undeviated marksmanship?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question of “accuracy” can be a crucial one.  How “accurate” does one’s Statement of Disability need to be on Standard Form 3112A, Applicant’s Statement of Disability?  What “precisely” does the treating doctor have to include in the medical report?  How detailed (and therefore, accurately) does the nexus between the medical documentation and the Applicant’s Statement of Disability does it have to reflect?

In all such questions, “accuracy” is a goal to attain in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

For, while the Archaeologist may be “off” by a quantifiable sum of years in a site-dig and suffer little to no consequences, the Federal Disability Retirement applicant must depend upon the accuracy of the law in determining benefits to secure a future yet uncertain, and such an administrative endeavor is likened more to the accuracy of the arrow that is shot towards an apple resting upon the head of a young boy, than of a declaration made that is off by a few million years, give or take, more or less.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The pecking order

Watching birds fly and cavort around a bird-feeder, one realizes that the term as applied to human conduct is not too far from the reality of the natural order of things.  There is, indeed, a “pecking order” in the world of birds and fowls aflight; it has to do with size, aggression, quickness and desire to survive. In other words, how birds behave is not too far afield from the way in which humans interact.

As children being thrown together in various institutions called “public schools”, we all recognize the concept of “the pecking order” – the sequence of priorities, of who dominates, which cliques attain a level of status and recognition, what is allowed and not, where one is invited to enter before or after others; it is the purest form of Darwinian natural selection, no matter what societal and cosmetic impediments and safeguards are put in place in order to engage in social engineering of one sort or another.

People think that this pecking order ends upon graduating from public school; that, somehow, release from high school ends this natural order of survival only for the fittest.  Yet, such pecking orders continue throughout – college; the military; the workplace; families.  They all require a pecking order of one kind or another, precisely because it is “natural” and the selection process is innately driven.

In the fowl world – both as “foul” and “fowl” – birds get to feed from the best and choicest sources based upon size, aggressiveness, and bravado displayed in standing one’s ground.  It is often the same with the human world of foul interactions, despite our claim to having become “civilized” and sophisticated, beyond reproach, somehow now asserting our independence and detachment from the genetically determined patterns of behavior.

More and more, however, it becomes clear that we are never exempted from the essence of our natures.  Aristotle may have asserted the grand stature of man with his rationality and capacity to cogitate, but the reality is that the ancient Greek civilization would soon become overpowered and dominated by the most basest of human instincts – of conquering by might and strength.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to manifest, to reveal, to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, it becomes clear that the old “pecking order” approach again will dominate.

Federal agencies and the Postal Service will assert its cold dominance and indifference to the weak of this world, and weakness is never shown with greater vulnerability than when one must admit that he or she suffers from a medical condition.  Just as the fowls begin to take advantage of shown weaknesses in the pecking order of Darwinian natural, so Federal Agencies and U.S. Postal facilities show no remorse in treating their workers who show weakness with cruelty and aggressive lack of empathy.

Filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management is an aggressive step to “fight back” against the rise of the pecking order that is, unfortunately, an inevitable consequences of who we are and continue to be.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement from OPM: All problems suspended

We all seek those moments, don’t we?  A period of respite, that time of suspended ecstasy where all of life’s problems are suspended, if only for a temporary span in order to regain our equilibrium, retake the focus lost and remake the moments wasted.  Isn’t that why people become obsessed with silly arguments on the Internet, in Facebook confrontations and twitter feeds, because it provides for a temporary assertion of power, the sense of winning, of defeating and devastating another, if only for a brief moment in this timeless continuum of problems to be encountered, embraced and finally solved?

In a perfect universe, all problems suspended would be tantamount to a conceived heaven where one need not worry about the daily problems of living a life – the human condition – that confronts everyone all the world over.

All problems suspended – every financial difficulty, relational complexities, consequences intended or otherwise resulting from neglect, negligence or simply thoughtless actions; for all and every one of them to be relegated to a heavenly sequestration like purgatory without judgment.  But that life could be discovered within such a state of joyous reprieve; we would all be dancing and praying to the gods that gave us such a present.

In reality, that is what going to the movies for a couple of hours of distraction, playing a video game, going out with friends, or spending a weekend reading and taking the dogs out for a long walk – these are activities engaged in where all problems become suspended, if only for a brief stint of relief from the daily struggles we all have to confront and “deal” with.

Unfortunately, there is one problem that can almost never be suspended – a medical condition.  The medical condition pervades and remains no matter how hard we try; and though we may be successful in “forgetting” for a brief moment, the problem is never suspended, only delayed in “remembering”.  For people who are in chronic pain, one cannot even forget for a brief moment.  Instead, whether actively in thought or lulled through a sleepless night, the medical condition is always there, never suspended.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition presents an even greater set of problems – of not being able to be accommodated and beginning to prevent the performance of one or more of the essential elements of one’s Federal or Postal job duties – it is time to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Delaying does not suspend the problem, but may only add to it; neglecting will not solve the problem, and may only magnify it; and while temporarily “forgetting” by engaging in another activity may distract from it, the brief nature of such thoughtlessness will only roar back with a greater sense of urgency, especially when dealing with the bureaucratic morass of the U.S. Office of Personnel Management, which is the agency that makes a determination on all Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: The minor incident

Does history alter significance of incidents as time heals or otherwise events are forgotten?  Does the perspective of the one directly (or even indirectly) impacted make a difference upon the writing of history, or is it as some cynics have countered – that history is the written narrative of the victors, and everyone else is merely annotated as mere footnotes, if at all?

As the Great War became overshadowed by World War II, or as some historians argued that it was merely a singular war with a brief interlude between; will other wars that follow, as memories fade and the dying veterans no longer appear at parades and salute the tombs of those fallen, overshadow the epic battles fought, the bravery shown and the comrades buried beneath silent crosses of lonely nights?

The private lives that each of us live, and the minor incident that looms large within the encampments of our own minds; the designation of “minor” depends upon a perspective, does it not?

Reading history is an interesting endeavor, if only because it expands by bringing in a third-person perspective of events beyond, issues not thought of, and incidents that never took center stage.  The authors, now dead, of second and third-tier fame, who may have had a book published here or there but are now forgotten upon dusty bookshelves that librarians never notice; and most of us are merely minor incidents in the greater traffic of life’s misgivings.

For Federal employees and U.S. Postal workers who suffer from a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, perspectives matter.  A “minor incident” at work can become a major issue – and the medical condition one suffers from, or how the agency views the interaction between the minor incident and the natural consequences of working with a medical condition – and one’s viewpoint in contradistinction to the perspective of the agency can be important.

Whatever the issues that may come about or arise during the process, this much is clear: The Federal agency or the Postal Service has one “viewpoint” about your medical condition, and you have another.  The difference is, you have to suffer the medical condition, while the agency sits idly by and scoffs at the major event as if it is a minor incident.  That may mean that it is time to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset.

Let the determination about whether a specific incident is minor or major be left up to the historian of tomorrow; what you, as a Federal or Postal employee must do, is to contend with the issues of today, and especially the medical condition from which you suffer, and which is far from being a minor incident.

Sincerely,

Robert R. McGill, Esquire