FERS Disability Retirement Law: In Anticipation of…

Why do we chop and stack wood months before winter’s first blade of frost?  Why are drunk drivers arrested before they have committed any crime?  Why do we purchase life or health insurance before the contingent event has occurred, potentially throwing away hundreds of thousands of dollars on a bet which we will likely never win?

Are such actions engaged out of fear, or out of anticipatory logic based upon a rational thought process of, “What if?”  Do species aside from our own engage in anticipatory actions?

The dog who anticipates his master’s return home at the same time each day; the birds who come each season to the gardener who fills the feeder in the springtime of bursting growth; the geese who fly south; the butterflies that travel the seasonal changes — are they any less “logical” than our supposed “higher-level” reasonings?

For Federal employees and U.S. Postal workers who are beginning to prepare an effective OPM Disability Retirement application in anticipation of what will ultimately result from an ongoing, deteriorating medical condition, the arguments proffered by the U.S. Office of Personnel Management are often along the lines of: But you aren’t there, yet.  Your agency says that you have been doing a great job — look at your past performance ratings!  Yes, but….

Contact an OPM Disability Retirement Lawyer to discuss how to rebut those argument which OPM makes in anticipation of…

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.

 

OPM Disability Retirement: The inconspicuous individual

Some cannot fathom that role; anonymity in modernity is replaced with the trolling Internet personality; for, there, where one can allow for multiple personalities, schizophrenia and megalomania to rule and manifest, the instinct of the aggressive dominates.  What is it about Facebook, Forums and Fortuitous Forays into Freedom’s Foundation that vanquishes modesty in the face of hiding behind the curtain of anonymity?

There is a conceptual distinction to be made between the inconspicuous individual who desires to remain in the background and enjoy the role of observant but inactive participant, and those who act with modesty and decorum by all appearances, but beneath seethe with the acrimony of jealousy, envy and inadequacy who then utilizes the power of impersonation and trolls the Internet to ridicule, criticize, harass and intimidate.

Traditional discussion and debate required four components:  (1) An unspoken concurrence to engage in the exchange of ideas within a context of gentlemanly decorum and behavior of self-restraint (i.e., in more modern parlance, to not take things personally); (2) To listen without interruption when another is speaking; (3) To understand and apply the rules of logic when positing an idea or introducing a conceptual paradigm; and (4) To recognize a superior argument to one’s own, and submit/admit to it gracefully.

There is, moreover, a fifth element that is never addressed, because it is one that used to be accepted by everyone:  Don’t raise your voice, as it is the quality of the idea pursued and not the excessive volume of debate that matters, and recognize that not everyone is of equal intellectual capacity, such that silence is sometime preferable to a mouth opened merely to make sounds.

Do any of those traditional “rules” apply today?  Are there, in modernity, those who win medals for bravery, or championships in the sports arena, without a subsequent ride upon the lecture circuit, the television appearance and the book-deal that demands an advance of remuneration?  Is there, in short, the existence of the inconspicuous individual in this day and age?

Perhaps modesty is an outmoded concept; humility, a dead characteristic of arcane quality destroyed with the diminishing influence of religiosity; and as empowerment has been replaced by the tortured utterances of the shouting voices on the Internet, so the extinction of the inconspicuous individual is a reality in today’s cackle of overriding voices.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition impacts, prevents and interrupts the ability and capacity of the Federal or Postal employee to perform the essential elements of one’s Federal or Postal job, the ability to remain inconspicuous is something that is sought after, but unfortunately, unable to be maintained.  In the context of suffering from a medical condition, the desire to remain inconspicuous (i.e., staying “under the radar”, so to speak proverbially) is that rarity of modernity, but a necessity by compulsion; for, the alternative is to become a target of the Federal agency or the U.S. Postal Service.

Thus, the word of advice from this lawyer is that, in the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the better time to inform one’s Supervisor, Manager or the Agency in general, is “later” rather than sooner, unless there is a compelling reason to do otherwise; lest, of course, you desire the accelerated extinction to occur for that dying breed identified as the inconspicuous individual.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: House of Cards

We have all built them as children; those shantytown assemblages like the poverty-stricken and make-shift huts constructed by corrugated debris gathered from refuse and discarded materials, flimsy and ready to collapse, if not by architectural fault lines, then certainly from the sudden and malicious puff of air emitted by one’s younger brother or sister tiptoeing  up from behind in a sneak attack.  The House of Cards — they test the dexterity and patience of one’s character, and simultaneously represent anything built on a precarious foundation, including business ventures, family relationships, and of life itself.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s Federal or Postal positional duties, the concept of a House of Cards can become quite personal, and in the modern proverbial metaphor, “hit close to home”.

Daily, the precarious and tenuous state of one’s employment status is tested by sudden and unexpected winds of fate, by sneak attacks and underhanded methods of operational malice.  A sudden stir of the atmosphere, a deliberate act of adversity, or the unsuspected whisper of undermining; they all amount to the same:  an attempt to further weaken the foundations which were already being tested.

The option the Federal or Postal employee needs to consider, is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, because if the foundation of one’s life has already become shaky, the fall itself is an inevitability when confronted by the vast behemoth of the Federal agency or the U.S. Postal Service.

Just as 2 out of the 3 little pigs came to understand and appreciate the necessity of a firm foundation, so the Federal or Postal employee should see the wisdom in fleeing from under the House of Cards, and consider filing for Federal OPM Disability Retirement benefits; for, they ran to the third when they could, and lucky for them, the Big Bad Wolf could not get to them — at least not in some versions of the tale.

Sincerely,

Robert R. McGill, Esquire

 

How to Handle an OPM Disability Retirement Claim: Tempered Approaches

Life is often a linear experience of extremes; this is an age when expectations call for responses of excess, and not of minimization.

There is no sense of an “eye for an eye” — a proportional sense of fair play, or of deescalation of conflict; rather, as we become callous and conditioned to shock therapy of the cultural sort, so there is little to amaze or to surprise, and by the first grade, the child of modernity has experienced it all, from profane language to stories of war, murder and mayhem in the streets.

Once upon a time, innocence was protected and valued for preservation of character; today, the fairy tale of yore is a politically incorrect compendium of hateful speech, replaced by extremes of thought where thinking itself is a danger to one’s self. Collaterally, so the responses one observes must also tip the balance of tempered terminals of tolerance.

For Federal employees and U.S. Postal workers who must enter into the world of bureaucratic morass, when a medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties, it is important to maintain a tempered balance of rational thought.

Medical conditions themselves induce an atmosphere of extremes; fear of progressive deterioration, of an uncertain future, and sudden reaction by supervisors, coworkers and the agency as a whole for whom one works.

In such an environment of toxicity, it is important to maintain a reasoned, rational approach in preparing, formulating and filing for Federal Disability Retirement benefits, and to recognize that it is first and foremost a “paper presentation” submitted to another agency altogether separate and apart from the agency of one’s own hostile work environment — the U.S. Office of Personnel Management — and as such, should not carry over unnecessarily the unrelated and unconnected toxicity of one’s own Federal agency.

In the end, filing for Federal Disability Retirement benefits through OPM must of necessity contain an inherent sense of urgency because of the very nature of the endeavor; but throughout, a tempered approach of calm confidence should pervade, even if the world around us seemingly falls apart in a morass and deluge of deliberate deterioration.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Unrehearsed Spontaneity

In the absence of a coherent plan, one is left with the ad hoc approach of a sometimes delicious unfolding of unrehearsed spontaneity.  Dinner conversations; an unplanned visit; a sudden windfall; an inheritance from a long-lost relative; these are all desirable circumstances to suddenly befall; but most things in life require some extent of planning, and to expect positive results in the same manner as a string of lucky draws, is to ask for failure in the face of unrealistic anticipatory happenstance.

Medical conditions fall into the category of unexpected events; how one responds to it, what steps are taken, and where one goes from the discovery of the information — these are determinable follow-ups.  We often confuse and bundle together causation with effects.

Hume’s bifurcation via use of billiard balls as an example, illustrates the point of recognizing the importance of identifying that “necessary connection” which is lacking when discussing the universe of inception and result.  Some things happen without rational basis or knowable justification; but where we have the capacity to engage an active hand in a matter, the consequences we perceive from our affirmative participation can be defined and comprehensive.

For Federal employees and U.S. Postal workers who find that a medical condition has impacted his or her ability and capacity to continue in the Federal or Postal job, it is important to recognize that unrehearsed spontaneity is fine for a time, but not for planning the course of one’s future.

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, requires the cogent and deliberative gathering of relevant medical documentation; the capacity to compile the compendium of proof in order to qualify; and the application of legal argumentation in combining medical information with legal significance, in order to persuasively submit an effective Federal Disability Retirement packet.

Approvals are not won by mere happenstance; luck in a Federal Disability Retirement application is not based upon a lottery ticket purchased, forgotten, and suddenly viewed for statistical improbabilities; rather, it is a focused approach upon a bureaucratic process where the coalescence of facts, law, and preponderance of the evidence are compiled with a deliberative approach.

Leave the delicious moment of unrehearsed spontaneity to a dance under a sudden cloudburst; to prepare an OPM Disability Retirement application of efficacy and success, a wider approach of planning is necessary.

Sincerely,

Robert R. McGill, Esquire