Federal Disability Retirement Claims: Methodological approach

We hear about the various approaches — of “quantitative analysis”; of systems created for a specific outcome-based determination; of numeric, qualitative, cost-benefits balancing, etc.; and all the while, we presume that there is a “methodological” underpinning that girds the analytical viewpoint, thereby systematizing the approach into a coherent consistency in order to limit and restrict human error.

That is the conundrum, however, is it not?  It is humans attempting to implement a methodological analysis that will expunge the very essence of humanity, by humans engaging in activities to erase that which makes humans for being so human — imperfection.

Analytical approaches without a preordained methodology presumes a flighty, ad hoc approach that fails to rise to the level of a vaunted “science”; yet, if a paradigm of a “methodology” is created and implemented by an imperfect being, how can it ever attain the level of mistake-free perfection that a “methodology” can promise?  The fact is, we are trained to be imperfect, but strive for the vanity of perfection in order to appease the gods of our own fears.

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, it is important to understand that there is, indeed, a “methodological approach” in putting together an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset.

One can enter into the administrative process by an “ad hoc” approach — by means of a proverbial “chicken with its head cut off” engagement and running about filling out this form, asking for that form, and bundling together whatever medical records one can obtain; but the better way is to have a “tried and tested” methodological approach to the entire bureaucratic morass.

Yes, human beings are imperfect; yes, the medical condition itself necessitates the preparation, formulation and filing of a Federal Disability Retirement application, to be submitted to OPM; and, yes, the entire administrative process of such a bureaucratic procedure is maddening, disheartening and often chaotic.

However, from the ashes of such chaos, it is best to engage in the confusion and chaotic morass by sifting through the difficulties with a “methodological approach”, and to do so, consultation with an experienced attorney is likely the first best step — thus revealing the first step in the methodological approach in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Sacrifice

What does it mean to sacrifice?  Is it a concept learned, or an act embraced during a moment of trial?  If not learned, can it occur when two strangers meet, or do the circumstances, upbringing, genetic material inherited, etc., all make the difference?  And of “learning” — can it be by osmosis, classroom lectures, or purely by observing and watching others engage in the act of sacrifice?  What compels a person to sacrifice one’s own life, well-being, wealth, the shirt on one’s back, or the last dollar in one’s pocket, and does it count at all if it is done for one’s own self-aggrandizement?

Say a person sacrificed a limb in order to save another’s life, but remained anonymous except for the inquiring reporter who wrote a piece delineating the admirable qualities of that person, etc.  We would all likely read such a story with interest and read it and share it with out children, friends, family, etc., and talk about good character displayed and the fine example shown.

What if that same sacrificing person was overheard to have said, “If I had to do it over again, I wouldn’t have done it.”  Would that change the calculus of our thoughts?  Would we think less of the person for having second thoughts?  Or, would we suspend our disbelief and say, “Oh, he’s just saying that because living without a limb must be traumatic, but he doesn’t really mean that.”?

What if, in addition to the sacrificing individual making such a statement, it turns out that the sacrificial act was just an accident and was not deliberately intended — would that further downgrade our admiration for the person?  What are the qualities that must all come together in order for an act of sacrifice to be admired and shown as a paradigm of exemplary behavior?

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 the Federal or Postal job, the intersecting issues between enduring the pain and difficulties of a medical condition, with the requirements of performing all of the essential elements of the Federal or Postal job, come to the fore when reflecting upon the conceptual paradigm of “sacrifice”.

At what point does sacrifice turn into foolhardiness?  Is it when the pain and suffering can no longer be endured and others, including the Agency or the Postal Service itself, begins initiating the process of removal or placing you on a Performance Improvement Plan?

While we may never know precisely the distinction and difference between sacrifice and self-destructive behavior — what people mistakenly obscure between “bravery” and “bravado” — what should always be kept in mind is the unmistakable fact that one’s health should be a primary concern, and that “sacrifice” should be reserved for a worthy cause.

Thus, when the intersecting ideas of “sacrifice”, “work” and “health” clash as irreconcilable differences, a divorce must occur between the three at some point, and 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 may be the best option left before throwing away the chance of an admirable act of sacrifice is lost to an unworthy cause at the price of one’s own health.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Attorney: Beliefs beyond boundaries

There are beliefs that are presumed to be true, if not merely conventional.  Superstitious beliefs, so long as they do not interfere with daily activities and being productive, are acceptable; believing in the existence of aliens on other planets, for instance, or even that some have visited this planet, will not make a difference in the conduct of one’s life; on the other hand, if the same person believes that the alien is invisible and shadowing him wherever he goes, it might begin to impede ordinary and acceptable behavior.

There are “flat earth” associations, and one may cling religiously to the belief that the earth is flat and not round or oval, and argue vociferously that when you walk and see the horizon, there is no indication other than that the earth is flat; and such a belief would likely remain harmless and largely irrelevant.

Then, of course, there are beliefs beyond boundaries of acceptable and normative accountability, like embracing a belief in a date certain that the world will end, where such a belief results in preparation for the coming doom, spending all available resources in building and reinforcing a bunker constructed in one’s backyard, quitting one’s job in order to prepare for the inevitability of the end.  Or, of a belief that all women on Thursdays who wear blue are germ-carriers, because when Jason was five years old there was a woman who wore blue on a particular Thursday who stopped, patted him on the head and said, “Nice boy”, and on that very day, by that woman who wore blue, he became deathly ill and ended up in the hospital for two months teetering on death’s doorstep.

Is that an “unreasonable” belief to have?  Can one not make the argument that there is a “rational” basis for such a belief, and it is within the reasonable boundaries of acceptability?  Would you call such a person “crazy”?  And, so long as he goes to work each day, is productive, doesn’t harm anyone – and no woman on Thursday enters his cubicle wearing blue, he never runs out screaming, “Don’t let her touch me!” – no one would be the wiser for holding such a belief.

And of the Federal or Postal employee who refuses to take the necessary steps to file for Federal Disability Retirement benefits because he or she believes that taking “advantage” of such a benefit means that he or she is no longer “worthy” – is that a belief beyond boundaries of rationality?

Yet, that is often what pauses the Federal or Postal employee from preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management – the mistaken belief that is beyond the proper boundaries that there is something inherently “wrong” with the Federal or Postal employee when you file for OPM Disability Retirement benefits, when in fact all you are doing is to finally recognize that health, life and one’s well-being are more important than killing yourself over a job that has always accorded the benefit of a Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Those rare, insightful moments

Must it always reach the level of an epiphany, or may it be as a passing point of fluctuating comprehension?

Every now and then, it is like the proverbial entrance into a clearing amidst the darkness of a looming forest; of a light that shines into a chasm heretofore undiscovered; and in that flash of understanding, it is important to grasp it, to tackle the concept, to concretize and declare, lest it slip silently away like the silken tail of a snake slithering into the tall grass.  Or of a dream in the midst of a fitful sleep that reveals what the subconscious desires to tell but just so in a gentle twist, lest the naked truth in the full light of day may be too blunt for the sensibilities of an unvarnished purity wanting but for the fiction of a nightmare too horrifying to encounter in real life.

Is the fool in Shakespeare any less witless than the King who divides his empire among vampires who drain the life of a vibrant ego?  Do the words of the court jester that cuts like a knife through the clouded judgment lost in the garments of wealth and power, transcend the loss of comprehension by those who would see the Emperor’s clothes despite the insight of a child who sees the nakedness of truth?  Do we attribute to animals the identical accolades despite their lack of coherent utterances, when they emit sounds of alarm, engage reflexes of caution and take flight ahead of perceivable approaches to dangers hidden beyond?

Most of life is repetitive boredom, sprinkled with the dust of angels golden and shining as they fly above us in the invisible universe of heavenly orbs, and we rarely notice them but for the slight touch of their comforting robes as the wings disturb the calm air or a mischievous poke on that parting of hairs or the baldness unseen but from a singular perspective from atop; and it is in those rare, insightful moments that life becomes worth living because we clearly, unequivocally and with unmitigated resolve understand, comprehend and care.

Then, the world and its artificial constructs rush right back in to fill the void of monotony, and we carry on with the projects of life that detract and distract, forgetting again the beauty of that which we saw for a brief slice of time.  Thus, the numerous stories of those who briefly crossed the demarcation into the netherworld of death and beyond, but were brought back to “life” by medical specialists who wanted to do “good”, when even that perspective is, at best, questionable.

For Federal employees and U.S. Postal workers who are contemplating 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, it is often the medical condition itself that compels one to have a moment of epiphany.  Perhaps that rare, insightful moment comes about when the pain becomes unbearable, or when the cognitive faculties become askew and mental clarity sees beyond into the netherworld of the future and its gloomy horizon.

Whatever the circumstances that monotony of chronic medical conditions forces, the realization that the Federal or Postal employee must by necessity prepare, formulate and file for Federal Disability Retirement benefits is one which cannot be avoided, any more than the angel who playfully shaves one side of our face in the twilight of dawn and leaves us wondering about those rare, insightful moments of life’s mysteries.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Possibilities to pursue

In one sense, it is nonsensical to ask the question:  “Is it possible to…?”  For, is there any limitation to the concept of the possible?  Isn’t it possible that there are Martians on Mars, but in a parallel universe unseen and concealed from the human eye?  Isn’t it possible that the room you leave disintegrates molecularly, then reconstitutes itself the moment you reenter?  Isn’t it possible that it will rain tomorrow, despite the national weather service predicting otherwise (this latter example is actually not too absurd, as it is a regular occurrence experienced by most)?

Does it alter the significance and qualitative relevance of the query if, instead, we exchange the word with “probable”?   Does probability by numerical quantification of possibility negate the extremes and unfettered boundaries of the possible?  Does a statistical analysis make a difference – say, if a “scientist” asserts that the chances of Martians existing on Mars in a parallel universe unseen is 1-in-1 Billion (as opposed to 1-in-999 million – i.e., are such statements and declarations really accurate at all?) – to the extent that it somehow replaces with credibility the conceptual construct of the possible?

It is all very doubtful, and beyond some cynicism of puzzlement and suspicion that such statistical assertions constitute a perfection of any reasonable methodological approach, the reality is that for the person who is struck by lightening while golfing on a sunny day, that 1-in-a-trillion chance is negated by the 100% probability that he or she was, in fact, in reality, struck by lightening, no matter what the statistical analysis declares.

In the end, probability analysis places some semblance of constraints upon the fenceless conceptual paradigm of possibilities, but it is the latter which compels man to attempt feats beyond the probable, and it is the former which places a reality check upon the limitless creativity of fools, madmen and eccentric geniuses throughout history.

For Federal employees and U.S. Postal workers who are considering the possibility of pursuing a Federal Disability Retirement application, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the question often constraining is the probability consensus of “success” – and, yes, that is a consideration that the reality of a bureaucracy and administrative process should face and take into consideration.

In the end, the possibility of a successful filing can be enhanced by the probability factors that are required by law:  A methodological approach; a supportive doctor who is willing to provide a narrative connecting the dots between the medical condition and the essential elements of one’s positional duties; a systematic legal argumentation that provides a “road-map” for the Administrative Specialist at OPM; and an understanding that the possibilities to pursue can be qualitatively quantified by the probability of supportive documentation.  Go figure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Social Justice

Concurrent litigation entanglements occur often enough; if one has the capacity and ability to compartmentalize life, such multi-adversarial offensives can be effectively coordinated.  At the same time, however, it is important to recognize the folly of spreading oneself too thin; history confirms the defeats suffered at the principle of too much, too soon, as in Germany’s incursion on the Eastern Front while taking on North Africa and the entrance of the United States into a reluctant war.

Strategies of logistical considerations, as well as pragmatic considerations of finances, must always be a factor; thus, for Federal employees and U.S. Postal workers who face a future with an ongoing medical condition which prevents one from performing one or more of the essential elements of one’s job, consideration should be given to concurrent filings.

If an injury or medical condition is “work-related“, there is nothing wrong with filing for OWCP/DOL benefits, while at the same time filing for OPM Federal Disability Retirement benefits.  If both are approved, the Federal or Postal employee has the option of choosing to activate one, and allowing the other to be approved but remain passive.

Filing for Social Security Disability benefits, for those Federal and Postal employees under FERS, is a mandatory requirement during the process of filing for OPM Disability Retirement, anyway, so obviously the concurrent nature of filing is a necessary given.

When considering more far-reaching litigation entanglements, however, such as filing an EEOC Complaint potentially leading to a trial in the Federal Courts, pause should be given, if only because of the statistical disadvantage and high cost of such litigation.  A 2009 WSJ Article found that EEO discrimination lawsuits fared worst in statistical analysis in wins-to-losses ratio, and more recent studies do not provide greater encouragement.

While the recent focus upon the Pao v. Kleiner Perkins case would seem to highlight such statistical disadvantage, at the same time, one must recognize that the particular court case was a gender discrimination case filed and tried in state court, not in Federal Court, and each case reflects the complexity of the uniqueness of a particular set of facts.

The point here, however, is that while statistical analysis certainly can be skewed based upon a multiplicity of complex factors, for Federal and Postal employees who are considering filing for Federal Disability Retirement benefits, a pragmatic assessment should be made which asks, at a minimum, the following:  Do I want to be involved in a protracted litigation with my supervisors, agency and coworkers?  What is the purpose of my filing for Federal Disability Retirement?  Is the cost-to-benefit analysis sufficient in justifying litigation?  What is my definition of “Social Justice”?

For Federal and Postal employees, filing for, and obtaining, Federal Disability Retirement benefits is a practical exit from one compartmentalized stage of life; there is awaiting the next stage, of which Shakespeare reminds us all.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Language of Choice

There are certainly other “languages” for conveying information, including (but not limited to):  foreign, other than English (but in this cosmopolitan world, where technology has made such barriers a moot point, it becomes almost provincial to speak of one’s native tongue); body; emotive; forms, including written or oral; other body, such as facial; coded; and others not listed here.  The choice of language one uses, is often determined by the context and circumstance mandated for various reasons, not the least of which would be the efficacy of the option taken.

For Federal employees and U.S. Postal workers who have, for many years, had to endure the “language” of hostility from one’s Federal agency or U.S. Postal Service, it is perhaps a self-evident point that it is the “written” form of language which must be opted for in preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.  But it is not the obviousness of the issue which one must accept; rather, it is in the very transition from one’s milieu to filing with another bureaucracy which must be directly recognized and altered.

There is a natural tendency for the mistreated Federal and Postal worker filing for Federal Disability Retirement benefits, to react to another bureaucracy and administrative process (OPM) in a similar vein as one is used to because of the mistreatment for so many years.  But one must mentally transition from the reactive methodology of the Federal agency or the U.S. Postal Service which one has become accustomed to, and approach the U.S. Office of Personnel Management in a different light.

As such, in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, one word of caveat:  let the foreign language of professionalism prevail, and approach OPM with a singular focus of linguistic content which sets aside all of those wasted years of workplace harassment and hostility one may have experienced in a previous life, and adopt the language of choice — of an effective OPM Disability Retirement application devoid of the garbage of past malice.

Sincerely,

Robert R. McGill, Esquire