FERS Medical Disability Retirement: The Domino Theory

It was a theory adopted during the Cold War — embraced by those brilliant Harvard-educated policy wonks in the Kennedy Administration and beyond — believing that if one nation succumbed to the evils of communism, others would quickly fall like a perfectly aligned row of dominos.

A theory is perfectly fine to have; once applied in practice, however, it can have devastating consequences.  It was based upon such a theory that Vietnam was fought for — a backward country full of jungles and malaria, of which few Americans were even aware of its existence until thousands — then, tens of thousands — of young men began to die there.

Like other theories which once were embraced by intellectuals and “experts” whom everyone accepted as smarter than everyone else, such beliefs and those who once held them are now merely leftover vestiges of historical follies.  Once Vietnam fell, the rest of the world did not fall like the dominos they were supposed to represent.

We tend to forget that a theory is merely a thought put together in an antiseptic setting divorced from reality and, even if applied to the real world, may remain as nothing more than an academic exercise.  It may be nothing more than the “flat-earth theory”; one can believe in it, but it doesn’t make it true.

In other areas of life and practice, however, real-world consequences force people to actually respond in more practical ways.  There are “theories”, and then there are applications which have real-world consequences.  Vietnam was a prime example.  Having a theory that you are invincible and indestructible is one thing; walking in front of an oncoming bus to test such a theory — well, that is quite another matter.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management because of a medical condition, one may well have a “theory” that getting an OPM Disability Retirement is merely a matter of gathering one’s medical records and filling out those incomprehensible OPM Disability Standard Forms (SF 3107 Series and SF 3112 Series); but if you actually test out that theory, it is likely that you will end up with a denial from OPM.

Before testing out such a theory, however, you may want to contact a FERS Attorney who specializes in Federal Disability Retirement Law, lest your theory concerning the ease of getting a Federal or Postal Employee Disability annuity ends up like those other theories, like the Domino Theory of the forgotten past.

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 Medical Retirement: The Subtlety of Minimalism

In modernity, it is an art which has been lost.  The flower arrangement which focuses upon a barren branch and a single blossom; a painting reduced to a simplicity uncomplicated; a life without many possessions; a quietude within the bustle of tremendous activity.

The clutter of modern living compels stresses; and yet, is the human body capable of subsuming such high velocity of stresses?  Did evolution allow for enough time to pass so as to develop the resistance to modern stresses?

Anxiety abounds; panic attacks paralyze; depression sets in; the human mind yearns for the subtlety of minimalism, but modern living refuses to submit to such imbalance of desires.

Excess is what modern living requires; and stress is the residual component, the natural but dire consequences.  For, how can the subtlety of minimalism be accepted when all around us the scream of greater expansion yells in a tirade of demanding sponsorship?

We have lost the subtlety of minimalism, its power of quietude, it’s reluctance of dominance.  The “subtle”, by definition, is too delicate to naturally resist the dominance of excess; and “minimalism” is the starvation of gluttony; and together, they face a daunting task against the tide of greed.

Federal employees and U.S. Postal Service Workers who suffer from a medical condition must face that choice; for, the compounding effect both from the disabling medical condition itself and the stresses of needing to work, results in allowing for the dominance of excess.

We choose to replenish the vicious cycle of mental and physical deterioration in a persistent, debilitating way, by choosing modernity’s definition of the “happy life” — of excess.  If it is indeed a choice, then we can also choose to attain the subtlety of minimalism.

Contact a FERS Disability Attorney who specializes in Federal or Postal Disability Retirement Law, and begin the process of turning towards the subtlety of minimalism and away from the bustle of modernity.

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: Of Future Events

Are we the only species which imagines, worries, obsesses over — of future events as yet unfulfilled?  Do we create scenarios from “whole cloth” of events which might occur but which often never come to fruition?

Of course, the past is a good indicator of future events — a harbinger and foreboding of storms to come; the present, of predictors based upon current trends; and of the future, whether seen in the coiling bundles of anxious imaginations or steeped within solid predicates that cannot be ignored; and in the end, it is this species called “human beings” who engage in such folly.  But for such insanities, we would not have stock markets and commodities “futures” to bet upon.

For Federal employees and U.S. Postal workers who worry about their futures because of a health crisis which prevents the Federal or Postal employee from performing one or more of the essential elements of his or her job, worries and anxieties about the future can be daunting, overwhelming, and obsessively of concern.

The future must be planned for; the present circumstances need to be dealt with in order to plan for that future; and the past actions of your agency are probably a good indicator of future events.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law and begin planning for your future by preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS; for, in the end, it is up to the greater predictor of future events to embrace the inevitabilities of life’s misfortunes, taking the past into account, facing the present circumstances with a direct and serious assessment, and thus correlating the past and present to prepare for future eventualities.

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.

 

Long-Term Disability Federal & Postal Employees: The Doubt of Openness

We have all seen it: In sports, and particularly in basketball, where a singular player suddenly finds him or herself alone in the open court, the ball in hand, with no one anywhere near.  All that the player has to do is to dribble, take a few steps and lay the ball into the basket.

What happens?  There is a hesitation.  Why?  Because the normal course of things has not occurred — no defender, no opposition, no crowding, no attempt to block him, etc.  The doubt of openness makes the player hesitate.  Or even in football — a wide opening for an offensive back or a catch in the open field, with the goal post open and a clear pathway with no opposition.  Then the hesitation, the look back, the sudden doubt of openness.

For Federal employees and U.S. Postal workers who suffer from a medical condition which prompts an initial, tentative look at the forms required for Federal Disability Retirement benefits — the “openness” and simplicity of the questions asked may make you believe that the field before you has a clear and unimpeded pathway.  Then the doubt of openness will, and should, suddenly prevail.  Because, in the end, there is no clear path in a Federal Disability Retirement case, and the opposition will appear suddenly enough once it is filed with the U.S. Office of Personnel Management.

Contact a Federal Disability Lawyer who specializes in Federal Disability Retirement Law in order to quell the chimera resulting from the doubt of openness.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement Process: The Extrapolated You

You have a whole life, an entire story — a “novel” of sorts, with chapters beginning with your birth, paragraphs describing your accomplishments and sentences denoting your character.  A friend, neighbor or acquaintance comes along and picks up this novel, opens it to a random page and reads one sentence.  Perhaps that sentence, or partial-sentence, reads as follows: “…and people thought that his behavior was unacceptable.”

That person walks away with this single facet, not having read the rest of the novel, or perhaps not caring, or even worse — of wanting to hold onto that singular, “out-of-context” extrapolation of an impression wrongly held.  For, in the very next sentence, the paragraph reads: “It turns out that his behavior was entirely appropriate, and everyone who had thought otherwise had to admit to this basic fact.”

Such is a parallel scenario with the U.S. Office of Personnel Management in reviewing a FERS applicant for Federal Disability Retirement benefits — for, not only does OPM only see the extrapolated you based upon your FERS Disability Retirement application, but moreover, they are looking to selectively take extrapolated portions of your narrative as a disabled person, and are glad to take things out of context and deny your claim.

How to counter this?  By arguing and applying the Law.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and begin at the outset to rebut and preemptively reply by citing the relevant law in preparing, formulating and filing an effective Federal or Postal Employee Disability Retirement application and present the “you” as more than the extrapolated you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Casting Aside the Armor

The armor we refer to is the shield we all wear.  It is for protective purposes.  But not every armor is suited for every kind of battle.  Sometimes, the very armor we wear becomes an impediment, and weighs us down so that we become a danger to ourselves.  We speak, of course, of such armor in a metaphorical sense.

Sometimes it is referred to, in other contexts, as having a “thick skin”; of being standoffish or reserved in order not to allow for hurt in our lives; or to always put on a facade of knowing what to do, being the “leader” even when the conundrum of life’s puzzles creates chaos and confusion.  How many conflicts could have been avoided if we set aside the armor we have chosen to put on?

Casting aside the armor is a difficult act; for, it then allows for vulnerability to overtake.

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, casting aside the armor becomes important — of recognizing that you cannot continue as before — and to consult with a FERS Disability Retirement Lawyer and consider the next important steps in preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Perfect Sequence

But that life could mimic the perfect sequence; but rarely does it reflect perfection.  It is well that human beings have short memories; the famous adage that one needs to learn from history, lest the tragedy that will occur of repeating it — is a lesson never learned, because each generation believes itself to be superior to the previous one, more wise, more learned; arrogant to a fault.

And how would we know what the perfect sequence would be, when we know not what perfection itself is?

That is the argument, of course, for the existence of a transcendent being: That because we possess a conception of perfection, but we ourselves are imperfect beings; therefore, there must be a God in order for an imperfect being to have a conception of perfection.  But real life rarely works that way; and so we muddle along in imperfect ways, failing to achieve any level of perfection, generation after tired generations; degenerating into a muddle of imperfections.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that this condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, preparing an effective Federal Disability Retirement application requires engaging in a sequence of formulations.  No case can encapsulate a perfection of sequences, but one can certainly come close.

Being an imperfect being, it is important to consult with a Federal Attorney who specializes in Federal Disability Retirement Law in order to reach — as closely as possible — a perfection of sequences in maneuvering the complex bureaucratic process of Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Case Development

Are all cases at the same stage of the process?  Isn’t this the same question as: Are all people at the parallel stage of maturity?

As life reflects reality in varying aspects of their sliced proportions, so every case is not at the same stage of the process.  Many Federal employees and U.S. Postal workers find themselves at a critical juncture in their careers, where filing for Federal Disability Retirement benefits has become a necessity and a step which can no longer be delayed.

Is every case ready for filing?  Likely not.  Should every case be filed, ready or not?  Only if the Statute of Limitations looms and necessitates it.  Is there anything nefarious in “developing” a case?  No.  However, there can be a slight distinction, subtle as it may be, in engaging a trail of medical documentation expressly for the singular purpose of establishing a Federal Disability Retirement claim, as opposed to doing it in order to seek medical attention.

Taking care of one’s medical condition, going to doctor’s appointments and establishing a consistency of compliance with a treatment regimen — these should all, first and foremost, be engaged in with the primary purpose of obtaining the proper medical care.

From that consistency of care, case development will follow; and for Federal and Postal employees seeking to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, the proper time for filing an effective Federal Disability Retirement application will come naturally as the case develops, which often needs the guidance and counsel of a FERS attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Successful Equation

Remember those days in school when — not only did you have to know how to figure out the answer to a question — you actually had to know what the right “equation” was?  Without the proper equation, you could never solve the “problem”.  Yes, yes, you could do some tinkering around the edges — of “figuring out” in some unique way, but ultimately the only way to solve the issue was by rote memorization (something not required, anymore, in this day and age of computers and smartphones) of that mathematical statement on the near side of the equal sign.

If only life were like that — of simply memorizing the equation, then proceeding forward and solving every problem.  But that’s the nub of it all, isn’t it?

Life brings forth encounters and circumstances, “problems” and difficulties that refuse to respond to an equation pre-planned for the vicissitudes of life’s misgivings.  Are mathematicians better at adapting and responding to life’s travails?  Or, do philosophy majors and those who embrace dictums to live by (e.g., that all of life is a “river” and we can never step into the same one twice, and other such Chopra-like platitudes that carry us through difficult times) better sail through the trials that everyone inevitably faces?

The fact is, equations are often best left for mere theoretical applications, and rarely conform to the changes of life’s encounters.

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 one’s Federal or Postal job, the search for an “equation” in preparing an effective Federal Disability Retirement application should begin with a consultation with an FERS Disability Attorney who specializes in Federal Disability Retirement Law.

While there may not be a pre-set equation to follow, there are certainly important steps to take in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire