FERS Disability Retirement from the OPM: That bright star

We remember learning about the various constellations; and, these days, we are merely one “Google-away” from identifying that morning point of light that seems to shine so bright just over the horizon, and has moved since you first noticed it the evening before. Google ruins everything.  There was a time when discussions would last long into the night because memories failed us — who was that actor in Movie-such-and-such; what was the last line in so-and-so play; and what was the name of the character in that blah-blah television series?

We no longer need to remember; poems no longer require reciting from memory; facts and dates are accessible with the click of a button; arguments and discussions no longer are required because they can all be looked up at Wikipedia.

Yet, in the objective world, or in that universe where Kant bifurcated the subjective from the inaccessible objective universe, that bright star continues to shine, and no matter what Google says or Wikipedia posits, the mystery of time, the external universe and the fact that the bright star shining may already have disappeared eons ago and the idea that what we see is merely the residual aftereffects just reaching one’s pupils within an universe that fails to betray such mysteries of eternity, we can still enjoy the quietude of a pinhole of light within the darkness that surrounds.

And then there is the singular existence of a human being staring at that bright star in the morning silence even before the first bark of the neighborhood stirring.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent one’s ability or capacity to perform one’s Federal or Postal job, it is often that “feeling” one has in staring at the bright star — alone, isolated and apart from the rest of the universe — that makes one fearful of the world beyond.

Federal Agencies and the Postal Service tend to make the Federal or Postal employee feel isolated and alone when a medical condition begins to impact one’s life.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS can seem like a lonely prospect — somewhat akin to the feeling one gets when standing outside looking at that bright star.  That is why consulting with an Attorney who Specializes in Federal OPM Disability Retirement Law is an important step in pursing the benefit of Federal Disability Retirement: To know that the bright star is there, and that we are not alone to counter the troubles of this world.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Predictability

Is it all mere statistical probability?  Or, can there be a fair amount of certainty in the “science” of predictability?  Is the weather an event that can be predicted, and if so, do past failures enter into the equation; or, if not, why is it that the vicissitudes of nature cannot be so easily anticipated or foreseen?  How is it that we predict predictability?  Does it come about by numerical analysis, or by experience?

If you talk theoretically about the chances of a person being attacked by a shark if you go swimming in this or that ocean, doesn’t it depend upon a multitude of additional factors, as in: Where are you swimming (if in the arctic seas of the upper northern hemisphere, isn’t that a factor to consider as opposed to, say, off of the coast of Australia or in Florida?); the time of day; and perhaps certain peculiar behavioral features, as in splashing vigorously as opposed to swimming with slow, silent strokes, etc.?

Such factors might be important to consider.

Then, consider that, during the course of a conversation on such statistical relevance, a one-legged man (or woman) walks in upon the conversation and says, “Oh, yes, I lost my leg in a shark attack”.  Would that change the statistical analysis?  Wouldn’t the probability for that particular person be 100%, inasmuch as he/she experienced the event and is speaking post-actualization?

Do acts which enhance the probability of an event simultaneously diminish the chances of failure, or are they dissimilar acts that travel on a parallel but never-intersecting course?  Can all events subject to predictability base such anticipatory analysis upon a statistical study, or are some events able to be accurately foreseen based upon intuition, the supernatural or some other transcendent other-worldly criterion?

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 the Federal or Postal position, the likelihood of needing to prepare, formulate and file an effective 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, increases with each passing day.

Medical conditions that remain for an extended period of time tend to not go away; instead, chronicity is an indicator in and of itself, and if a degenerative, progressively debilitating condition, the factors that need to be entertained concerning the predictability of future events yet to unfold can be accurately foreseen.  The key, then, is to enhance the statistical probabilities of surrounding factors, such as:  What are the key components necessary in meeting the criteria for Federal Disability Retirement?  Will hiring an attorney who specializes in the field of OPM Disability Retirement significantly enhance my chances of success?  What are the criteria for predictability of a positive outcome?

These and other questions should be asked and answered when seeking the advice and counsel of an attorney who specializes in Federal Disability Retirement Law, so that the murky field of predictability can be somewhat clarified with the wisdom of past experiences.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Law: The Steps to Take

Life is often overwhelming enough.  Then, when a medical condition make its initial entrance, remains for more than a fortnight and begins to impede, curtail and prevent one from doing the things one has taken for granted –  the problem becomes more than just a nuisance, but a magnification and exponential exaggeration beyond that which was a burden to begin with:  another problem adding to a host of problems.  In life, we often know what needs to be done, and sometimes even the “how” in going about solving problems.  But the capacity to prioritize and organize, to sort a jumble into a linear coherency, and to gather the necessary components into a cogent whole, is often the problem that prevents one from moving forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the condition (or multiple medical conditions) begin to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, the normal sequence of events often take on the following incoherent pathway:  An inquiry is made with the Human Resource Department; two sets of Standard Forms are presented to the Federal or Postal employee (SF 3107 series; SF 3112 series); the Federal or Postal employee is told to read through them and “fill them out” and bring the entire sets back to the H.R. Office.  They will be there “to help”.

When such a development occurs, 2 issues immediately come to one’s attention, or should.  First, is there a sequence and methodology one should follow, that is better and more effective?  Second, if the Federal Disability Retirement application is submitted and denied at the initial stage of the process, will that same Human Resource Office or person be held accountable, and continue to “help” for the second and subsequent stages of the process?

The answer to the first question is an unequivocal “yes”; the answer to the second question is a bit more complex.  There are, indeed, many helpful H.R. offices and personnel.  The point of creating an H.R. Office is to guide, help and assist the employees of the agency or organization.  But filing a Federal Disability Retirement application is a different “animal” from most other processes.  Think about it; it is not like setting up an allotment from one’s pay, or changing the number of deductions for tax purposes.  No, it is a complex administrative process that, once out of the hands of the agency’s H.R. Office, is under the direct control of a separate agency – the U.S. Office of Personnel Management.

Further, filing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, can become a contentious issue – once a denial is issued by OPM, and even a second denial at the Reconsideration Stage, then an appeal will need to be filed with the U.S. Merit Systems Protection Board within 30 days.  Then what?  Will the Human Resource Office that was so helpful, represent you there?

Every future holds a pathway for successful maneuvering, and yes, there are sequential steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.  For that, a knowledgeable lawyer who is experienced in Federal Disability Retirement law can be helpful in guiding the Federal or Postal employee onto that pathway.

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

 

Medical Retirement from Federal Government Employment: The locked certainty

It must be nice to walk around this world of insecurity with an intractable sense of locked certainty.  There are those some few who possess such a perspective:  everything is without any shades of grey; “rightness” is defined by one’s power, position and capacity to impose, and those who stand in the way are mere leftovers in the residue of history’s garbage heap; and, whether in the privacy of one’s thoughts (if there remain any) or in that moment of vulnerability when the alcohol allows for an openness not previously manifested, there is revealed a glint or twinkle of a doubt, one normally never finds out, as the opportunity for such fissures upon a locked certainty rarely unravel.

How does one go about “unlocking” such a fortress of beliefs, ideas and faith in self?  Perhaps, never.  How did one arrive at such a point of foundational, unmovable certitude?  Darned, if this writer knows.

Authoritarians; totalitarians; cult figures and other assorted and assertive leaders; is it mere brashness and bravado, or is there some “secret knowledge” they possess where the “rest of us” merely squander?  Is it merely a restatement of that ancient division between Parmenides and Heraclitus?  Where, seeing the world as a singular whole and unchanging, in contrast to a perspective where everything is in a constant state of perpetual flux?  Is the psychological emanation that distinguishes and differentiates the two derive from that foundational belief-system that is proposed, or is the duality of such teleological posits merely offering a false choice of two extremes?

There are people like that – both in fiefdoms of past ages where the Medieval colonies restricted and constricted both in thought and in cultural diversity; and, today, in Federal agencies and U.S. Postal facilities, where all Federal and Postal workers who have a medical condition are viewed as “suspect” and unproductive workers who are merely shirking their duties out of sheer laziness.

Can you change their minds?  Probably not.  Is there a key to unlocking that locked certainty of belief?  Unlikely.  So, what is the “solution” to such a problem?  Fortunately, for Federal and Postal employees who can no longer perform one or more of the essential elements of one’s Federal or Postal job, the benefit of Federal Disability Retirement is “out there” to be accessed.

In order to successfully maneuver through the bureaucratic maze and administrative obstacles, however, one must shatter one’s own “locked certainty”, and try to view the process as a means to an end, and realize that a successful endeavor such as filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, begins with the realization that there never was a guarantee of security from life’s lottery of hope, but that the benefit of a Federal Disability Retirement annuity allows for a second chance at an apple already ravaged by those who surround you with that locked certainty of suspicion.

Sincerely,

Robert R. McGill, Esquire