OPM Disability Retirement Law: The Reason Why

It all began in childhood — of the question voiced; of the curiosity engendered; of the simple: Why?

It applies to everything in the world, and it confounds parents and teachers, not only because the single word-question deserves an answer, but because it tests the knowledge — and patience — of the queried one.  Age-appropriateness often determines the depth of the answer required; and the extent of curiosity uncovers the seriousness of the query itself.

Why is grass green?  Why do dogs bark?  Why does rain drop from the sky?

Some may answer every query with a nonsensical circularity just to get rid of the question, such as: “Just Because that’s the way it has always been”.  Of course, such an answer neither responds properly to the question, nor satisfies the child who asks the question, and as the child grows older, will either wither in his or her diminished enthusiasm of wonder, or go elsewhere to obtain a more satisfactory response.

If a parent does not possess the knowledge to respond, the better answer would be: “I have often asked that myself!  I don’t know the answer to that, but let’s go to a reliable source and find out, together, what the answer to that fascinating question is!”  And with that question in hand, you can go to an encyclopedia, a dictionary, or some other source — from a hard copy of a book (wow — isn’t that an outdated thought!) to an online source of dependability — and satisfy a child’s wonder of curiosity.

For, the reason why is always just the beginning to an answer beyond, which is a perpetual and never-ending process for a curious mind; and in the end, the question of “why” is merely the beginning, and never the end, and it is the process of engaging the world in acquiring knowledge which is the important “thing” to consider.

For Federal employees and U.S. Postal workers who are contemplating an end to one’s Federal or Postal career because of a chronic medical condition which prevents the Federal employee from performing all of the essential elements of one’s Federal or Postal position, there are going to be many “whys” throughout the process.

Why is the application insufficient to meet the legal criteria?  Why must X be submitted?  Why must Y accompany the application?

Satisfying the many “whys” of your application is important to complete the application properly.  The questioning and the reasoning given, as in the former days of your childhood when you were curious as to all of the various “whys” of the world, remain crucial in order to meet the legalities involved.

To answer your query of all of the “whys” in preparing, formulating and filing an effective FERS Disability Retirement application, contact a FERS Retirement Lawyer who specializes in Federal Disability Retirement Law, and consider why — and even how — you must apply the law in a Federal Disability Retirement application.

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 Law: The Law-Shield

The Law can be used as either or both: Whether as a “sword” (in prosecuting a case, whether in criminal court or of initiating a lawsuit for money damages) or as a “shield” (as in the Constitutional protection against self-incrimination, or otherwise keeping certain tainted evidence away from the judgment of a jury); or, as often is the case, the use as both shield and sword during the life of a case — it is meant to be both, depending upon the context of a case.

As a Law-Shield in a Federal Disability Retirement case, the benefit of eligibility should be reliably based upon certain “givens” — i.e, given that a person has accrued a minimum of 18 months of Federal Service; given that the medical documentation establishes that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s positional duties; given that the Social Security Disability Insurance (SSDI) has already been approved, etc. — in other words, once certain eligibility criteria have already been established, the Law-as-Shield should already protect the Federal Disability Retirement applicant from a denial by the U.S. Office of Personnel Management.

In reality, of course, the Law-Shield doesn’t work so easily, or automatically, and that is when the Law-as-Shield must be affirmatively applied as a Law-as-Sword, and pointed out aggressively by a Federal Attorney who is experienced in Federal Disability Retirement Law.

Contact a FERS Lawyer who is experienced in Federal Disability Retirement Law and begin the process of using the Law — whether as a Shield or as a Sword — to assert your right as a Federal employee and your entitlement to FERS Disability Retirement benefits.

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.

 

Medical Retirement for FERS Federal Employees: To Feign Normalcy

What a strange concept; and stranger still, that so many people must actually engage in it.  It can occur and be implemented in variegated circumstances: Of having done something which impels a guilty conscience, but being forced to act “as if” everything is fine; of being with someone you would rather not be with, but pretending that all is well; or even of having a tragedy occur but, because public conventions require an unemotional facade, to paint that “brave face” and enter the public arena.

Do other species engage in it?  Does a lion who prowls about nonchalantly (but whose inner motivation is to find its prey and chase it for its dinner meal) “feign normalcy”?  Does a dog who desires a treat but knows that begging too vociferously will receive an admonition as opposed to the intended outcome, “feign normalcy”? (Yes, because I know that my own dog does that).

And what about the Federal employee or U.S. Postal worker who suffers from a medical condition, cannot perform one or more of the essential elements of one’s job and must come in to work because the Agency or Postal Service will not extend his or her LWOP beyond what the FMLA allows for — does he or she “feign normalcy” despite the pain or anxiety experienced?

For Federal employees or 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 job, it may be time to consider filing for Federal Disability Retirement benefits.

For, to “feign normalcy” is simply another way of realizing that things are not normal, and the “feigning” engaged in is another layer of trying to fool one’s self, one’s body and/or one’s mind into “thinking” that everything is alright, when in fact it is the underlying condition which must be attended to — and that, in fact, is the really normal thing to do, instead of pretending that the abnormal is the normal.

Sincerely,

Robert R. McGill, Esquire

 

Filing for FERS Disability Retirement: The identity of choice

In the end, do we?  That is — do we have a choice when it comes to our identity?  Of course, in this day and age where word-play has become completely malleable, and where Truth and Falsity rarely matter except when tested against the exigencies of the objective universe (i.e., as when crossing a street and someone says, “Be careful, a bus is coming”, and you suddenly realize that the truth or falsity of such a statement can actually have real-life consequences), the question becomes: How does one define one’s use of the word, “identity”?  Is it based upon the aggregation of objective and subjective statements, beliefs, opinions and perspectives?

In other words, are we merely the compendium of cumulative voices based upon: Our birth certificate; the driver’s license in our wallets; the memories retained by our parents, grandparents and relatives; how our friends view us; what our spouses believe us to be; what the neighborhood dogs recalls from sniffing at our feet — the cumulative aggregation of all of such factors?  Is who we are — our “identity” — different from who we believe we are?  If everyone believes X to be such-and-such but X believes himself to be a secret agent working for a mysterious foreign entity, what (or who) determines the reality of our identity?  Or, is “identity” based upon the collective perspective of a community that “knows” that individual?  Can we “choose’ our identity, and if so, completely or only partially?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact one’s ability and capacity to continue to work in one’s Federal or Postal job, there is often a concomitant “identity crisis” that accompanies the medical condition.  No longer are you the stellar worker for the Federal Agency; no longer are you the reliable provider who slogs through the daily toil as a Postal employee; instead, your identity is one of having a medical condition that limits, prevents, subverts or otherwise alters the way in which you live.

Filing for FERS Disability Retirement becomes an alternative that must be chosen, and that “choice” may alter who you are and what others may think about you.  But in the end, you do have a choice: The essence of who you are remains always within; the identity of choice is not altered merely because you file for a benefit that must be pursued because of a medical condition that was incurred through no fault of your own; and anyone who thinks otherwise never knew you to begin with.  For, in the end, the identity of choice was and remains always within the purview and power within each of us; we just didn’t know it.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Priority of Me

The “Me Generation” has now passed, and it is no longer in vogue to focus upon the “Me, Me, Me” refrain that once permeated societal acceptance of the selfishness allowed.  There followed, in some quarters of social consciousness, a turning away from the “self” and instead focused upon empathy for others, service towards a selfless society, and a cohesion that was glued by a conscientious attitude of selfish disregard.

Except, of course, in the quiet workings of those more devious than the rest of us, it merely became a marketing tool in order to create greater wealth while declaring that it was for the greater good of society.

Thus did it become advertised that drinking a certain brand of coffee was “good for the world”, that buying certain products “helped the environment”, and driving certain vehicles cut down the pollutants and emissions in order to “save” the planet — all the while, those very same companies reaped profits and the people flew around spewing vast amounts of exhaust plumes into the blue skies above.

The fact is, the Priority of Me has never changed in this universe, ever since the first man or woman looked into the reflection posed from a placid lake or pond and saw that there was a “Me” distinct from a “You” or some other.  From that moment onwards, the Law of Self-Regard would take hold.  The “priority of me” has not changed; it is reflective of a society that constantly advertises cosmetic artifice and promotes youth, beauty and first impressions as the mainstay of relevant values.

Ultimately, one may ask, is there anything wrong with such an ordering of priorities?  If not me, then who?  If not you, then why not me?

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, it is important to recognize that the priority of me extends to the Federal agency and the Postal facility throughout — for, once you divulge the fact that you intend to file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, they begin to treat you as an “outsider” who can no longer benefit the “priority of me”.

Medical conditions necessitate a reordering of priorities, and it is important to make that “me” as a greater priority by focusing upon one’s health; but always remember that the “Me Generation” that purportedly had passed has, in fact, never disappeared, and the Federal Agency or the Postal Service will begin to systematically exclude you in favor of themselves — or, from their perspective, making themselves as the “Me Priority”.

No, the “Me Generation” never disappeared; instead, like a chameleon, they simply changed their appearances.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Outward appearance, inward thoughts

It is, of course, the core of Western thought, originating from Socratic arguments against placing one’s faith in the “appearance” of things as opposed to the Platonic Forms that represent true Being; and through Aristotelian arguments of a “substratum” that underlies the outward appearance, to the certitude of Cogito, ergo sum; then, the inner reliance where subjectivity and objectivity coalesce and the distinctions became undoable by Wittgenstein’s standards of banishing all Philosophical problems to mere linguistic confusion, and the belittling scoffs of Russell’s mischievous analysis; these, and many more in the history of contemplative reflection that has haunted the aggregate of outward appearance versus inward thoughts.

All of which brings us to the core of so many medical conditions – where so much cannot be seen and we often have to “exaggerate” just to get people to believe us.  Take “pain”, as an example – one can be in excruciating pain, and yet remain unemotional about it.  Even if an MRI result shows that there is a physical basis for which the pain is experienced, nevertheless, pain by definition is a subjective component, and cannot publicly be quantified.

That is why conditions such as Fibromyalgia, Chronic pain syndrome, Failed Back Syndrome, not to even mention Major Depression, Anxiety, panic attacks, etc. – how does one persuade others of the “real-ness” of the condition?  Broken bones, malignant tumors, catastrophic injuries; these, inward thoughts (believability) are consistent with outward appearance.

There is, in the end, a distinction with a difference that must be acknowledged, between “having a medical condition” and “proving a medical condition” – especially when it comes to preparing, formulating and filing an effective Federal Disability Retirement application.  There are, moreover, certain factors that “favor” the Federal Disability Retirement applicant – such as the standard of proof (Preponderance of the Evidence, as opposed to higher legal standards out there); the weight and validity of a treating doctor’s opinion; and certain clinical evidence that moves the chess pieces beyond mere subjective opinion, thereby bridging the gap between outward appearance and inward thoughts.

Preparing an effective Federal Disability Retirement application requires more than just gathering a pile of medical documents and submitting it. In the end, the Federal Disability Retirement applicant must PROVE one’s case, in order to get beyond mere outward appearance and inward thoughts.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Tarnished lives

These days, are there any other kinds?  Do saints exist, or is it merely time which erases the stench attached, and as history is recorded and memorialized by sympathetic co-conspirators attempting to preserve the sanctity of reputations and disregarding the detritus of humanity, so once the sanctification by pontifical decree settles upon a figure previously considered human, and now an idealized version of an individual lost in the complex historicity of biographical omissions, the tarnished perspective of lives once lived has disappeared into the ethereal universe of a surreal reality.

All lives are tarnished; but the moment one makes such a statement, it becomes a meaningless declaration.  For, just as stating that X is “all-inclusive” necessarily negates its opposite, so to posit that Y is “pure nothingness” undermines the very essence of “something-ness”.  If everything is meaningless, then nothing can have less or more meaning than anything else, and thus do we end up with an anarchy of language.  So, to qualify: Yes, all lives are tarnished, but some lives more so than others, and others, less so than further others (somewhat like the declaration in Orwell’s Animal Farm, where “all animals are equal; but some animals are more equal than others.”).

And thus do we live this way, where the cynic believes that there are no saints, and the naïve minority of individuals who believe in such blather repeatedly invest in purchasing the Brooklyn Bridge as a sound retirement strategy next to Bernie Madoff’s pyramid scheme.  But of what do we judge a “tarnished” life, as opposed to one that is not?  Does a minor blemish amount to the same thing as a total spoilage of the whole?

That is where people have often misinterpreted the religious teachings of entrance into heaven, where purity through the sacrificed Lamb allowed for gaining a foothold into heaven, but where – from that – people argue, therefore, God doesn’t make a distinction between a minor infraction of sin and the carnage of murder or some other equally greater offense.  But surely there is a difference with a real distinction between that which requires purity in order to enter into heaven, as opposed to judging the difference between types of moral turpitude?

Yes, we all live tarnished lives, but some lives tarnished are of greater consequence than others.

For Federal employees and U.S. Postal workers who view the onset of a medical condition as a “tarnished” smear upon one’s career, and thus resist leaving until that smudge has been erased, good luck.  The reality is that a medical condition is not a reflection of any “fault” or “negative” judgment upon a person; instead, it is simply a reality of one’s mortality.  Some people never suffer from a serious medical condition; others, with more than a fair share; and most of us fall somewhere in between.

For the Federal or Postal employee who suffers from a medical condition such that Federal Disability Retirement must be considered, always remember that the need to seek an alternative remedy through a Federal Disability Retirement is never a reflection that deems that one now falls amongst the tarnished lives of greater misdeeds, but merely a reality in this mortal world of fallen souls, no different for this generation than for the centuries of such tarnished lives in unmarked graves of yore.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Care to Perfection

At what point does one ascend from mere care, to perfection of accomplishment?  Is it when we determine that which matters to us most – i.e., where self-interest intersects with talent otherwise left unfulfilled?  Or, through maturity of purpose and a self-realization that perfection is preferable to a lesser kindling of care, does one simply “buck up” and seek to embrace a higher order of accomplishments?

Perfection is an impossible standard to attain; care, a reasonably easy one, because time, effort and struggled attempts compensate for any lack of natural talent.  Words themselves tend to camouflage the lack of perfection by care, for a lengthy dissertation of seeming interest and a cauldron mixed by questions of curiosity comprise evidence of “caring”.  But while perfection should always be reserved for the Pope, heavenly orbs and Platonic Forms otherwise unreachable by mortal hands and untalented mediocrity – which incudes the vast multitude of the ordinary folk that populate this earth – it is a goal worth trying to achieve.

This presents a particularly unique problem for Federal and Postal employees 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 – for, when a medical condition dominates, the natural inclination is to quickly put together an assembled Federal Disability Retirement packet based upon mere care, but nowhere near perfection, when the very viewing bureaucratic body (the U.S. Office of Personnel Management) is often applying a higher standard than even what the law requires.

We are not saying, here, that any Federal Disability Retirement application to be filed should attain any level of perfection; rather, that when the applicant who prepares his or her own Federal Disability Retirement application is the identical person who suffers from the medical condition itself, then it is always very difficult to get beyond the standard of mere care, and will never be able to objectively strive towards a semblance of perfection.  Perfection as a standard is never meant to be attained, but merely to be striven for; and as a corollary, care is not to be acquiesced to without a pathway towards perfection.

The U.S. Office of Personnel Management applies the standard of law that it is mandated to enforce, but in its zealous defense of the entire Disability Retirement system, it often goes beyond mere care, and applies the shadow of perfection upon unwary applicants.  What can be done about it?  Nothing, except to make sure that in preparing, formulating and filing an effective Federal Disability Retirement application and submitting it to OPM, be aware that care may not be enough; rather, striving for the higher order of care – that of perfection – may be the requirement for the day.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: ‘Can’ and ‘Have to’

The category of the latter has diminished in recent years, as the general populace has mistakenly misinterpreted the distinctive definitions of liberty and freedom, and reassigned meanings as license and anarchy.  The blank column of the former concept has come to be full, despite the reality of the economic downturn and the shift into a global economy that, we are told, is an inevitable consequence of human progress.

We were taught that the march of progress required the destruction of the American West, where a way of life needed to be trampled upon and destroyed in the name of advancement and civilization; that each step of innovation and progressive paradigms constitute an almost Hegelian fatefulness, and resistance is merely an act of futility within the aggregation of the Leviathan called “Progress”.  The modern parlance consists in the acceptance of every innovation of technology, to the extent that Orwell’s dystopian premonitions have been surpassed by a reality now accepted as mundane and commonplace, and we fail to realize that his magnum opus of a totalitarian future could have been heeded, but now is merely embraced with a yawn and barely a glance backward.

The more that society comes to believe in that which we ‘can’, as opposed to the obligatory mandate of ‘have to’, the less likely is there of a resistance to authority.  And, until the police raid in the middle of the night or the unquestioned stop and search on a highway where others just whiz by without puzzlement or curiosity, is experienced personally by a given individual, the onerous nature of laws passed in the name of safety, security and preventative measures, will be merely a conceptual haze masked by an obscure hypothetical.

Instead, we live day-to-day in the conundrum of being told that we ‘can’ do what we want, desire and fantasize about, and there is little that we ‘have to’ do.  Thus do infidelity and divorces occur; of abandonment of family ties based upon tropes of scintillating sensations; and goals set aside in the namesake of present pleasures.

There is a category of individuals, however, where the luxury of ‘can’ cannot be replaced by mere want of ‘have to’ – a person with a medical condition.  For Federal and 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, the ‘can’ once relied upon transforms into an inability.

Once the inability to perform one or more of the essential elements of one’s Federal or Postal position becomes a reality, then the ‘have to’ is finally realized – 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.  Do not let the muddle of incessant trope involving ‘can’ become confused with ‘have to’ – for, when one comes to a point of ‘must’, it is time to prepare, formulate and file an effective Federal Employee Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Holiday Season

We are entering into that period of respite; of the contradictory clashes of duality in purpose, paradigms and expectations:  to “be happy” during a season where one is forced to conform to a standard no one quite remembers was ever met in the history of mankind; of rushing to “get everything done”, while supposedly being reflective, meditative and contemplative upon the season of new birth and magical fantasies; of responding to cheerful salutations contrary to one’s nature, reflex and possible genetic disposition so ingrained that the forced smiles hurt the resistant flesh around one’s mouth; and, all the while, to act “as if.”

“As if” the religiosity of the event still matters while we stand in line to follow the incessant promptings of the commercialization of that which we are admonished to recognize as a “sacred” time of sacraments and benedictions; “as if” kids can still believe in something when throughout the rest of the year the cynicism of hopeless trope pervades and dominates; and “as if” the heart is really where the mind should be, when rationality is overwhelmed by the emotional turmoil of one’s life experiences, the present hope gone and replaced by tomorrow’s sorrowful cries for yonder residue of ashen dust as the angels of lost years flew by in a whirlwind of timeless escape.

Yet, as we were once young and the trials of childhood memories forbade but a glint of hope, we remember trying to stay awake and listening, with but hopeful ears and fleeting dreams, of the footsteps of Santa upon the roof above, knowing that the tears suffered in years long gone could be embraced by a singular touch of a hopeful tomorrow.

The Holiday Season is upon us – with all of its inherent stresses, the clash of psychology between hope and expectations, and the further problems now upon those who actually believe that someone else’s Instagram truly represents the reality of life’s perfection, where there is none.  Yes, yes – everyone will be given that trope of wisdom:  Slow down and enjoy the season; it is not as important to receive, but to give; if everything doesn’t seem perfect, relax and enjoy the company surrounding; if you are getting too “stressed out”, then – what?

Often, it is actions beyond words which result in the first steps toward a “feeling” of accomplishing something, and for Federal employees and U.S. Postal workers who need to take the next step towards getting beyond the medical condition that has become chronic, and away from the constant harassment and condescending remarks about not “carrying your weight” at the workplace, preparing 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, is often the necessary first and next step in reaching a goal known but not yet materialized.

It is somewhat like the “Holiday Season” itself:  we are “supposed” to be cheerful, but what cheer can be found in rushing about to buy trinkets from sweat factories made in foreign lands?  The key is to find the quality of life in the small steps we take, and as with both the Holiday Season and filing for Federal Disability Retirement benefits, it is those first and foremost necessary steps – baby-like though they may appear – that will result in the accomplishment of a lifetime.

Sincerely,

Robert R. McGill, Esquire