Attorney for Federal Disability Retirement Claims: Next Steps

It is the previous step that determines the following one, and the one before that which closes the alternatives for multiple other pathways; in the end, sequence matters, protocol can make a difference, and how one takes the steps, in what direction, by what methodology — these are all important considerations to contemplate.  What the endeavor is; by what means one is attempting to achieve the end-result; and the manner in which the goal is reached; the attempt the take a short-cut will often result in only a short-lived gain, but often with long-term consequences that, upon reflection, made the short-cut pay a price greater than the worth of the gain.

Next steps are important; each step, whether previously taken or subsequently considered, are also obviously of significance, but one could argue that those already taken cannot be reversed or, if reversed or retraced, may complicate matters more, whereas the “next step” yet to be taken may impact all previous ones already established and thus must be considered in light of the consequences likely to ensue.

Whatever has already occurred in the past cannot be undone or, if it can, must be retracted with care such that any retrospective refashioning of previous actions taken will do no greater harm than that which has already been consummated.  It is always the “next steps” that are the crucial ones, for they will determine not only the efficacy of all previous ones, but further, will either validate or undermine all previous ones heretofore taken.

For Federal employees and U.S. Postal workers who are considering 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, the next steps you take may be the critical ones that determine the success or failure of the entire complex, administrative and bureaucratic process you are attempting to undertake.

What statements are made as reflected on SF 3112A, the Applicant’s Statement of Disability; the sufficiency of the medical reports and records gathered, to be submitted as Attachments to your Federal Disability Retirement application; whether you answer and address the issues concerning accommodations in the workplace sufficiently or in what manner; whether you have an adequate understanding and comprehension of your rights with regard to Federal Disability Retirement Law; these and many other “next steps” may well determine the future course of actions previously taken, ignored or otherwise not initiated.

Perhaps the “next step” should be to consult with an attorney who is knowledgeable about Federal Disability Retirement Law, lest the “next step” be the one that leads to an unforeseen stumble, where that next step leads to a misstep or the following next step after that cannot occur.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The unknown world

It is that part of the universe that is often seen as the “far side of the moon”, where shadows befall and eyes never perceive, witnesses never survive and documents don’t exist.  Mount Everest was once that world; galaxies outside of our own, despite our best efforts to invent and create greater and stronger telescopes, or ones that float in the nothingness of outer space and send back digital images that are obscure and indistinguishable from inkblots accidently spilled upon a sheet of white paper, but somehow scientists can discern great discoveries by pointing to colors, hue, magnified analogs and complex algorithms that leave the rest of us scratching our heads and declaring, “You got all of that from this picture?”

There was life once on Mars and Jupiter since contained icicles that entrapped microbes billions of years ago, and just through a photograph of a fuzzy specter that the rest of us would have interpreted as Bugs Bunny leaning against a fencepost eating a carrot stick.  But of unknown worlds and the far side of the moon where shadows rest upon and hide the human toil of secrets and conspiracies, the truly mysterious one is the subjective mind of the person sitting next to you.  Yes, yes, it may not appear that way – perhaps each time you ask a question of that individual, he or she merely grunts and states in the same monotone of boredom and unexcitable drone, “Yep. What of it?”

And so when PBS or the National Geographic Society has some show about the complexity of the human brain, the neurons and the micro-conceptual foundations that make up the universe of human circuitry, dreams, images, thought-processes, Freudian and other “-ians” that delve into the human mind of the conscious, subconscious and unconscious and all spectrums in between, you turn, look at that same person and say, “Not.”  Or, that person one day does something completely out of the ordinary and during his lunch break takes out a book – say, Kant’s classic on the foundations of metaphysics, or some such esoteric material, and proceeds to mumble to himself, and you say, “Gee, didn’t know he was into that.”  But then you again try and engage him with, “So, what are you reading?”  And the familiar refrain comes back: “Yep. What of it?”  Beyond disappointments and non-engagements with universes parallel, mysterious and already predicted, there is still that “subjective” universe where pain remains, medical conditions are hidden and plans for the future are yet to be expressed.

That is the netherworld of the Federal or Postal employee who must contemplate preparing, formulating and filing an effective 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.  It is also the world of “cat-and-mouse” – of when to tell the Federal agency or Postal service of your intentions; how much to tell; when to submit the Disability Retirement packet so that it obtains the greatest advantage against the Federal agency or Postal Service; and all of the complexities in between.

Yes, there are still “unknown worlds” and universes; you just became too much a part of it to recognize the wonder of it all, because the guy next to you keeps burping and saying, “Yep. What of it?”

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Employees: Hardened hearts

They are unseen, but exist; and like zombies that wander through the nighttime skies as mere shadows in a one-dimensional universe, the concealment of hardened hearts can only be kept secret for a short while.  Where does the apex begin, and the downward spiral begin?  At what point does one possess a hardened heart, and does it insidiously creep upon one without one’s knowledge, conscious thought or deliberative realization?

We fight against it; we refuse to submit to it; but life happens, disappointments abound and the subtle cravenness begins to slowly, inevitably overtake.

Hardened hearts result from the encounters with life’s misgivings, and the more the misgivings, the harder the heart hardens.  Is it mere cynicism?  Does it emanate and originate from a single encounter, or must there be multiple clashes, butting of heads and piercing of hearts before the innocence of youth transforms into a meanness of spirit?

Hatred is an emotion that festers and eats away; and like flesh-devouring predators that feel nothing about their prey, hardened hearts shrivel into a latency of unfeeling behaviors.  It is a difficult road but a necessary one to take – to resist, to fight against, and to protect the purity of one’s soul.  Hardened hearts are the result of giving up, of losing hope, and of turning one’s back upon a society that has otherwise already given up on an individual.

For Federal employees and U.S. Postal workers who feel the onset of that condition known as “hardened hearts”, the symptoms are quite noticeable: of bitterness; of anxiousness in going to work; of the recognition that one’s Federal Agency or the Postal facility does not show any loyalty towards you despite years and decades of dedicated work.

The diagnosis of a hardened heart, if the Federal or Postal employee suffers 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, may be to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

In the end, hardened hearts are merely another happenstance of life’s misgivings, evidencing the cruelty of the world in which we live; but there are ways to avoid the final diagnosis of a mortality robbed of joy, and that may be by filing an effective Federal Disability Retirement application and “moving on” to try and save that last vestige of an innocent outlook upon life’s sunset of tears.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Meaning of life

Most of us are too busy to pause for air, reflect upon theoretical, hypothetical or philosophical issues that have little to do with day-to-day living or earning wages in order to maintain a certain standard of living.  Every now and then, however, when the tumults of life’s encounters reaches a pinnacle of unsolvable problems such that the stressors exceed the barometric pressure allowable for the human psyche to withstand, there is a compelled stoppage, a mandated cessation and a forced condemnation to rest.

It is, in short, called a “medical condition”.

It is when we become debilitated, destroyed, distraught and disillusioned that we begin to ask such universal, exhaustive and unnatural (by this term is meant with a rhetorical question:  What other animal in nature asks such questions, and thus do we posit them as “unnatural”) to the core queries that, as Bertrand Russell once wittily quipped, is likely the result of indigestion.

What do we mean when we ask such questions; of looking up at the ceiling with furrowed eyebrows and inquiring, “What is the meaning of all of this?”  It is, of course, the focal point of “this” that one must then turn to, for such a word is obscure, undefined and like a blank space to be filled, can be interpreted in an eternity of ways depending upon the context of the query.

Is the “this” referring to the pain, suffering and debilitating medical condition being experienced?  Is it about the “unfairness” of it all and the fact that others seem to be roaming this earth carefree, careless and thoughtless as to one’s pain, whether physical, emotional or cognitive?  Or does the “this” reference the connection of all of that striving, the hours and commitment to work – of a loyalty to a Federal Agency or the Postal Service who cares not about your medical condition, may not have even noticed your absence (at least for the time being until someone finally notices the pile of work backing up on the desk of that…what was her name?) and likely thinks of individuals as mere cogs in a wheel, replaceable and fungible.

In the end, Russell was probably right; such questions about the “meaning of life” are beyond the comprehension of any level of rationality, belief or coherency that has any real impact upon our lives to make a true difference.  What really matters, in the end, is not that “philosophical” query about the meaning of life, but about human contact, relationships, and securing a future for ourselves and our families.

To that end, preparing, formulating and filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset is an important next step for the Federal or Postal employee who can no longer continue in the career position of his or her choice.  For, filing an effective Federal Disability Retirement application actually does answer the question, “What is the meaning of ______”; it may not be the grand concept of “life” itself that completes that blank, but it sure beats walking away with nothing by obtaining an annuity to secure one’s future so that other things in life may be enjoyed.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The change is in us

We wake up each morning expecting the world to have remained unaltered during the night; yet, as Hume’s argument concerning causality would have us believe, there is no necessary connection we have identified or conceptually ascertained, but merely our imagination anticipating and projecting into the future, such that stability of the universe around us pervades in a constancy of regularity.

The surroundings remain familiar; the coffee machine is of the same make as when we left it the night before; even the dogs appear unchanged, ready to obey and begin the day in the fashion that canines are accustomed to.  Perhaps you bump into an object before turning on the lights, and you find that someone in the household has shifted it from where you last saw it.  You resolve to inquire about it later in the day, or are immediately satisfied that “X must have left it” and therefore the “mystery” is solved.  Never does it enter your mind that the world, in its own power of intended shifting, moved without direct causal intervention.  You step into the bathroom and look in the mirror, where the same features stare back.

Yet, what may be different, what results in a subtle but perceivable alteration, is not the world reflected on the wall behind, but the compendium of complex emotions, memories, thought-processes and cognitive intuitions having rested through the night, and now are awakened to perceive, judge, analyze and evaluate in the wakefulness of the moment.

It is us that changes.

As Kant pointed out, we bring human structures of perceptual constructs to the inert world which pervades and surrounds.  The universe we invade and occupy often remains constant, and in that rhythm of regularity, we find solace in a methodological quietude.  Yes, cars whiz by and honk their horns, and birds chirp in the early morning dawn, but such movement has already been anticipated and entered into the equation of our consciousness.  It is only if buildings move, like earthquakes responding to the tectonic shifts of unseen caverns, when we panic within the world of regularity we have created.

But then, sometimes, the outside force touches upon us directly, and that is when the peace and quiet of constancy becomes disturbed.

Medical conditions tend to do that — for they have a duality of existence.  It is a change “out there”, somewhere whether visible, as in a physical injury of open wounds, or “in there”, whether as an unseen pain correlated by a diagnostic test, or even a psychiatric condition which pervades and progressively debilitates.  But the duality exists precisely because the “there” is also part of the self which recognizes the change.

The change is not only “in us”, it is us.

And it is often that very duality of alteration which thus requires a further change in abutting against the unchanging and impervious universe around us.

For Federal and Postal employees who suffer from a medical condition, this realization that one’s own Federal agency or the U.S. Postal Service is unwilling to change, to accommodate or to transform in response to the medical condition, is a knowledge which is gained often through the harsh reality of confrontation and harassment.  For such Federal employees and U.S. Postal workers who come to this realization, the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a consideration which must be seriously entertained.

It is, for many, a realization likened to “growing up” in a world which is often cold, uncaring and unconcerned.

As agencies are behemoths which reflect the character of a society, so it should not be surprising that Federal agencies and the U.S. Postal Service are not entities which respond well to change.  For, in the end, we must always recognize that the most significant change in the history of shifting burdens does not occur in the textbooks of time, but closer to the heart of every individual, and it is not change in the “other” which calls forth the earthquakes resulting in tsunamis, but it is the change in us, as it is change which is us.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Cost of Character

Being daily denigrated is an expected course of treatment for some; for those who perpetrate it, the sport of demeaning is often thoughtless, reactive, and toxic to the core, and reflects a fundamental void in one’s own life; and for the victim of such caustic characterization, the incremental pounding to one’s ego, self-esteem and capacity for abuse results in diminishment of the identify of worth by small slices of reduced stature.  Such attacks may be overt and direct, while others may be subtle, privately targeted, and intentionally out of the earshot of witnesses.  In both cases, the damage can be devastating.

For Federal employees and U.S. Postal workers who must confront this type of daily abuse in the workplace, the avenues of outlet are complex and varied.  Complaining or filing lawsuits often results in the mere circling of the proverbial wagons around the perpetrators, and suddenly an invisible fence appears where the victim is the “outsider” and the caustic character the one needing protection.

For those Federal or Postal employees who suffer from a medical condition, and who receive the brunt end of such ill treatment because of the medical disability which impacts one’s ability and capacity to perform one or more of the essential elements of one’s positional duties, the need to deal not only with the toxicity of a hostile work environment, but concurrently with the underlying medical conditions, makes for an admixture of overwhelming circumstances.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the best and only course of action left.  For, to stay becomes an untenable option which impacts and further deteriorates one’s medical condition precisely because of the toxicity of the environment; to walk away and do nothing is an act of idiocy, given the years already invested in one’s career; and thus the alternative of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the most enlightened of choices to be made:  It allows for the recuperative period away from a denigrating source of pain, while securing a foundational annuity for one’s financial security and future.

We often talk daftly about “character” and the need to “stick it out” when the “going gets tough”.  But the cost of character is the price paid by the Federal or Postal employee who must withstand the onslaught of a bureaucracy which is faceless and relentless, while at the same time dealing with the deteriorating health administered by a medical condition which will not just go away.  The cost of character means nothing if the essence of one’s worth is not protected, and filing for, and securing, a Federal Disability Retirement annuity is meant to do just that:  pay for the cost, and safeguard the character of worth.

Sincerely,

Robert R. McGill, Esquire