OPM Medical Retirement under FERS: Today’s Choices

Tomorrow comes quickly and the choices we have put off until they reverberate before the arrival of tomorrow unto today.  We tend to think that today’s choices won’t matter much, as the consequences are delayed and tomorrow is a light-year away in terms of today’s problems.  There is enough on the plate of life for today; tomorrow will come about after a good night’s sleep.

There are certainly enough self-help gurus attesting to such pablum:  To “live for the moment”; that reality is only in the “here and now”; That you must “smell the roses today” and let tomorrow’s problems come about in time, etc.  Yet, today’s choices cannot be taken out of the context of the greater whole; for, tomorrow is often determined by today, and today’s choices impact upon the opportunities of tomorrow.

For Federal Employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits under FERS, the choices you make today will impact upon what occurs tomorrow, and that goes for preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management under FERS.

Contact a FERS Disability Retirement Attorney today in order to file for tomorrow, as tomorrow will come soon enough and become the today which was once upon a time, tomorrow.

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.

 

Filing for FERS Disability Retirement: Hope for Hope

There is hope; then, there is hoping for hope.  Hope alone is the ability to see the distance between Point-A and Destination-B;  Hope for hope is the capacity to picture in one’s mind that one may be able to view that distance between A and B.

Few of us are in the former category; for those in the latter, it is the little step between the two that remains a wide chasm that keeps growing each day.  The concrete plans that are made; a sense that there is a destination which is reachable; an idea to strive for, a meaning to live by and a clear perspective upon which one may abide by — these give hope.

It is when one lacks that hope, but is yet hopeful to attain it — that means that the spark of life, however faded or jaded, still remains, albeit in a flickering, fragile existence.  Perhaps it is as a result of a trauma; or the chronicity of a problem, a disabling medical condition that progressively and steadily deteriorates, where the soul becomes so battered and wounded that one is on the verge of giving up any hope for hope.

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 may be time to consider filing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management.

It is a long and arduous administrative process, and the process itself often picks apart a person’s hopeful reserves.  But it is a process which carries with it a hope for hope — away from the harassing nature of the Federal Agency, away from the constant battle against Postal Supervisors and Managers; and, in the end, it is the hope for hope that reinvigorates the belief that there is life beyond a career that has been slowly extinguishing the flickering hope that keeps one going.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Application: Lost…

One’s age can be revealed as to whether, in the privacy of one’s thoughts, the ellipses is replaced with — “Lost in Space”, or even The Swiss Family Robinson.  The former is a television series that ran between 1965 and 1968; the latter, a novel by Johann David Wyss published in 1812 that few of us read anymore.  Another television series recalled from the dustbin of history’s classics; another novel and writer no longer read, remembered or studied.

They are stories about lost colonies, lost people, lost souls — lost individuals.  The fact that they are “lost” is a phenomena that society finds interesting enough to retell the story about which we would never know, except that they were somehow “found” and were able to convey their experiences.

As a child, one remembers the self-contradiction of that very issue: the young, fertile mind queried (and never could get a satisfactory answer from anyone ):  How come, if they are really lost, we’re able to watch them on television, or read about them?  If they were found, then they aren’t lost, anymore, are they, and if so, why is it interesting or even relevant?  Or, is it just of historical interest that we enjoy hearing about the experiences during the time of “being lost”?

The world today, of course, is different from the yesteryears of a bygone era; the world is all “connected”, such that there are no places in the world where we haven’t seen National Geographic photographs depicting of untraveled areas where the “lost peoples” of the universe reside and continue to survive.  The Amazonian forests are being depleted through mindless mining and destruction; the Himalayan monks who once medicated in silence wear jeans and sandals while selling trinkets to wandering tourists; and the polar bears that once roamed the northern glaciers wander beneath the pipelines that stretch amidst the wilds once dominated by the wolves that sniffed with suspicion.

Today, we live amidst civilization’s constant drum of progress and technological connectivity; instead of being lost in the wilds of a universe still undiscovered, we remain lost amidst the communities in which we live.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition must by necessity lead one to consider filing for Federal Disability Retirement benefits under FERS, there is a sense of “loss” and “being lost” in at least 2 ways: The “loss” of a career once held promising; and of being “lost” in the complex, administrative process in preparing, formulating and filing for Federal Disability Retirement benefits.  In either sense of being lost, it is a good idea to consult with an attorney who specializes in Federal Disability Retirement Law — if only to get a roadmap to help one find one’s bearings.

Being “lost” does not mean simply that one does not know where one is geographically; in fact, most people are lost even in the midst of being surrounded by the daily din of civilization; and that is why consulting with an attorney in preparing, formulating and filing for Federal Disability Retirement is an important aspect in finding one’s way out of the morass of being lost.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: Different Standards

To overdress is almost always acceptable; to underdress — well, while it may be acceptable, you may have to endure being the subject of curiosity and quiet whispers of raised eyebrows.

There are different standards for every occasion, endeavor, event or engagement; some high, others low; a few enforced without exception while still maintaining a sense of decorum and the rest of them left to ignored apathy where anything goes.  Some private clubs seem to thrive upon the exclusivity of standards maintained so high that few can meet the exceptionalism applied, while those more accessible to the public allow for flagrant violations with nary a nod or a wink.

It is when the context becomes the content that eyebrows become raised, and the higher the brow the more exclusive the thinking.  For the rebel, it is always difficult to try and convey the notion that one must adapt and change with the circumstances — that standards are applied, and you must recognize those standards and act accordingly.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the standards set have now failed to be met — whether at the personal level or the professional — it might be time to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Whether through a recognition of the standards set for yourself — which is often higher than what is acceptable by others — or because you are beginning to get the hints that your agency or the Postal Facility has become dissatisfied with your work performance, your attendance or excessive use of sick leave; whatever the reason, the plain fact is that the medical condition itself is always the basis for determining the need to alter and modify one’s personal and professional standard.

Don’t be too hard on yourself.  The standard you used to apply before the onset of a medical condition should not be the same one that is applied to your present situation, and you should therefore consider that the standard of maintaining one’s health is the present priority exclusively, no matter what your Federal Agency or your Postal Facility tries to have you believe.

Consult with an attorney who specializes in Federal Disability Retirement Law, and determine whether you “meet the standards” to apply for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  They may be different than what you think.

Sincerely,

Robert R. McGill, Esquire

Legal Representation on Federal Disability Retirement Claims: “But…”

What is it about a certain voice inflection that forewarns us of that conjunction?  A long explanation is given; a reason for “why” a person is about to do something is adroitly conveyed; a detailed and rational discourse is provided; and yet something tells us that the inevitable “but” is about to be inserted, making of the independent clause just spoken merely a precursor for the real reason that the lengthy discourse was given in the first place.

It is also a metaphor for life itself, isn’t it? “Things were just great, and it was the happiest of times, but then…”.  It is like the metaphorical dark cloud that dampens the spirit, or the sudden gust of wind that topples the tower when one was just about to reach the apex; the “but” in our lives comes at the most inopportune of times.

Then, there is the causal intervention “but” in law, as in, “But for X, Y would have not been liable because X becomes the primary intervening cause that subverted Y and all other causal determinants.” But for this job, my life would be perfect; but for this minor incident in my otherwise stellar career, I would have been unstoppable; but for X, Y and Z, I would have reached olympian heights; and on and on.  Isn’t that what Bing Crosby said of Frank Sinatra (for those who are young enough to even remember such icons of yesteryears, that “But for Sinatra, I would have been the most popular singer of my time”)?

Medical conditions tend to insert that conjunctive into a life, don’t they?  For Federal and Postal employees who consider the “but” of a life to be that medical condition that has come to a critical juncture — not merely of a grammatical appendage, but of a true intervening cause that disrupts — because it prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal career, it may be time to begin to prepare, formulate and file 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.

The “buts” of life are merely conjunctives that forecast the darker clouds that rain upon an otherwise stellar experience; to alter the “but” and instead turn it into a mere “and” is what preparing, formulating and filing an effective Federal Disability Retirement application can do, and thereby avert the “but” word that makes the remainder of the paragraph simply an extension of an otherwise joyful phenomena called “life”.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Life is rarely ‘Just’

Is it just?  And of the query, what meaning do we ascribe to it?  Of one formulation, an implied addendum unspoken – as in, “Is life just about going through the motions, or is there more to it than that?”  In another manner of meaning, it can encapsulate the greater paradigms of fairness, balance and equality of opportunity:  the ‘just’ is merely an abbreviation of the greater concept of ‘Justice‘ with a capital J.

Or, perhaps the duality of meanings is intended – for, in the former manner of speaking, is there not an implicit denotation that the wider connotation is inferred – as in, “Is life just about going through the motions, having some pleasure in life, or is there more to it than that, like trying to achieve a sense of Justice in this world?”  Are there multiple meanings in such a simple word, merely derived from the emitted utterance, whether or not intended, sought or even realized?  And, indeed, there is truth in the statement, isn’t there?

Life is rarely ‘just’; it is much more than that, and often implicitly encompasses the wider capitalization even if you don’t mean it as such.  The ‘just’ is an attempt to minimize and marginalize; it fails to recognize the complexity of the greater issues involved, unless, of course, the further query is invoked:  If it is not just about X, then what does it encapsulate?

No, life is rarely ‘just’ about this or that; it may involve them, but in addition, much more, unless containing and avoiding the concerns outside of the carefully-demarcated divides crafted in order to simplify, preserve and ignore that which falls outside of the arbitrary boundaries created, becomes an achievable goal of choice.  Some are able to insulate and ignore, while most others cannot ignore the injustices prevailing.

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, the question is often posed:  Oh, is it just filling out those forms?

Well – not quite.  Yes, it does involve filling out the applicable forms, but in order to prepare an effective Federal Disability Retirement application, it will likely involve much more than that – of obtaining relevant and compelling medical documentation that meets the legal criteria of Federal Disability Retirement laws, statutes and regulations; and then there is the wider question which was originally posed, involved the ‘Just’ as the abbreviated form of ‘Justice’ – that, in order to achieve it, the relevant legal argumentation must be made.

No, life is rarely ‘just’ about this or that; it almost always just involves much more.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Dickens, Salinger & Capote

It is always dangerous to offer an overview of complexity; simplicity of explanation often teeters upon the precipice of superficiality, and when it comes to the psychology of people, we normally get it wrong.  Yet, we can try.

For Dickens, the childhood experiences of destitution and humble beginnings allowed for a magnification of love for humanity borne of cruelty in childhood.  In Salinger, we see the pent-up destruction of a young man whose anguish was molded through sights, sounds and experiences devastated by war.  And of Capote, we glean the lasting scars of rejection, first with minor cuts and burns by the divorce of his parents, then deeper in being bounced about by relatives, only to stab him with disappointment when his childhood friend, Harper Lee, received the accolades and universal love he sought so passionately, needed beyond all others, but never felt but for the loss of that which he could not embrace.

The life experiences each encountered reflected, in the end, upon the exhibition of an inner soul:  Dickens continued to provide the public with readings of characters forever loved, and embraced the sea of admiration which was the source of his limitless imaginations, borne of a world which tried to contain him with a system of caste and class.

Salinger retreated more and more into the insular world of his own safe web of privacy and secrecy, having concluded that the world was not to be trusted, that phoniness lurked in every man’s soul, and the horrors witnessed at the hands of war and concentration camps were evidence enough to deny others anything remaining.

And for Capote — we may sum it up in the cruel but crisp truism upon his death, by fellow author Gore Vidal, who quipped that it was a “good career move”.  Acting ever the fool with drunkenness and debauchery, the public destruction of a talent so extraordinary was a painful sight to witness.

Can we learn anything from these paragons of talent?  Or, are such characters merely of our own creations, snickering at the fact that, even where seemingly boundless talent exists and opportunities reflect limitless choices, self-destruction nevertheless becomes the teleology of choice.  At a minimum, they reveal to us the complexity of human essence, and that what people react to on the outside barely scratches the surface of what remains within.

And this is the same for Federal employees and U.S. Postal workers who are harassed and intimidated in the workplace, when a medical condition results in the necessity to prepare, formulate and file 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, the coworkers, managers and supervisors who treat the Federal or Postal worker as nothing more than a nuisance through loss of productivity, fails to address the core value of the individual suffering at the hands of consequences not chosen through self-destructive behavior, but merely because of fate of circumstances.

The key for the Federal and Postal worker both, is to choose a path which refuses to submit to self-immolation resulting from the negative experiences at the hands of others; rather, to embrace the love of others as Dickens did, and not retreat into the insular retardation of life as Salinger proposed, or the reverberating echoes made by the empty bottle of alcohol, drowning in later life as Capote consumed, shuddering with the laughter of others and snickering for want of fools in his diminishing stature, ever losing the love which he sought so selfishly.

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