Tag Archives: vermont postal employment lawyer

FERS Medical Retirement Benefits: Words & Images

Enter a gift shop and see the generic photograph inserted within a picture-frame for sale.  Who is it? Why was the photograph taken?  Was it merely to help sell the picture-frame?  Enter an antique shop where one sometimes comes across old photographs — perhaps even a daguerreotype — often faded, normally of a stilted figure; perhaps of a young woman, an old man, a soldier in uniform; a family on an outing; of a city scene where horses and carriages fill the streets; or of a father and son smiling, a daughter and mother staring impassively at the photographer in a still-life of unknown origins and an unverified date.  Who were they?  Why was the picture taken?

For the casual visitor to the store, who merely glances at the collection of old castaways, the images mean little, if anything at all.  Yet, there is a story behind each image — one which may be forever lost.  For, why else would such photographs end up in an antique store, out of the safekeeping privacy where they once belonged, where once words and memories attached unassailably with the photographs which told a story.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal or Postal employee from continuing in the career of one’s choice, the disjunctive between words and images becomes poignantly clear within one’s own mind: Who were we once, and do the words others use in describing you match the story between words and images?

Filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is a step toward re-matching the image one has of one’s self — of vibrancy and accomplishment — and the words others use to describe you, as well as the words you use to describe yourself.  For the moment, however, the words used are necessary in preparing an effective Federal Disability Retirement application — one of being in a lesser, debilitated state because of one’s medical conditions — must be carefully chosen in preparing one’s Statement of Disability on SF 3112A.

Consult with a FERS Attorney who specializes in FERS Disability Retirement Law, and make sure that the words and images utilized in preparing a Federal Disability Retirement application accurately portrays the state of present mind experienced.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

Federal and Postal Employee Disability Retirement: Meaning & Mediocrity

Although the words and the concepts behind them may never come to light, they haunt us throughout our lives without even knowing it.  “Meaning” is what drives an individual; the self-awareness of mediocrity is what tugs at us as we fail to achieve the goals which drive.

Most of us, at some point in our lives, come to the conclusion that — though each individual is unique and possesses certain talents and exceptional qualities — mediocrity is what defines us.  Yes, yes — when we were children of loving parents, they constantly drilled into us the “special” gifts we were to the world, of being “the best” and how we could grow up to be anything we wanted, etc.  But at some point in adulthood, we came to the realization that there were others, as well, who were better at things than we were, and that the vast majority of individuals reside somewhere in the middle of talents disbursed at the gates of birthrights.

Yet, despite that realization that we belong to the ranks of mediocrity, we find meaning in the things we do, of who we are and of what small accomplishments we can achieve.  And that’s okay — for, not everyone needs to be a superstar or take the lead role in life; every theatrical play must have minor role players; otherwise, there would only be a one-person act, and that can become boring, fast.

Meaning is what fuels the engine; a realization of mediocrity is merely a reality-check that is relative.  One needs only to look up at the stars on a clear night to reveal the insignificance of our existence relative to the vastness of the universe, no matter how talented we are.  Yet, to the pet dog or cat (the latter is added only to avoid discriminating against cat-lovers) who is well taken care of, and whose lives are one of comfort and love — for them, the master is not among the ranks of mediocrity, but of a special set of individuals taken in the highest regard.  And from that small hollow of greatness, meaning can be extracted.  For, what better meaning in life than to give another living being happiness and joy?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has likely ended one’s career with the Federal Agency or the Postal Service, filing for Federal Disability Retirement benefits often leaves one with a sense of mediocrity and loss of meaning.  Yet, like all processes, it is simply another bump along the rough road of life, and it is important to realize that there are other things to achieve beyond one’s Federal or Postal career, and that meaning can still be found after the end of one’s Federal or Postal career.

Consult with an Attorney who specializes in Federal Disability Retirement Law today, and begin to find greater meaning in a world beset with mediocrity; and, in the meantime, go and pet your dog or cat, for they find great meaning and certainly do not see you among the ranks of mediocrity.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The world of faded photos

There is an anomaly contained in the attempt to “save” faded photos; it is an oxymoron of sorts, where modernity erases the backwardness of yesterday, and yet, at the same time, wants to preserve it.

We have all heard about companies that exist which “preserve” outdated family movies, photographs and taped recordings of distant times; it is all placed, preserved, edited and presented in a convenient “thumb drive” or in some “cloud” in the ethereal universe of a web-based phenomena.  That faded photograph, beautiful in its brown crispiness of an elderly man or woman who looks serious, because in those days having one’s image preserved for posterity was a serious undertaking — in contrast to today’s selfies immediately downloaded and uploaded into a social medium that is quickly disseminated to countries worldwide in an instant, displaying a foolishness that would shock a generation or two of those removed from such technological “advancements”.

The world of faded photos is an universe of past histories now forgotten, frozen in time by a captured expression depicting a time before, now replaced by a time after, and forever remaining in the memories of those who have survived but now sit quietly in nursing homes of corners relegated to mere existence in darkening folds of dementia and antiseptic coils of plastic tubing extending lives beyond what the photographs themselves intended to display.

The world of faded photos defy the modern attempt to preserve that which was meant to last for a generation only, just as men and women try in futility to ignore mortality by cosmetic corrections that makes for appearances which procrastinate the inevitability of time’s ravages.

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, whether under FERS, CSRS or CSRS Offset, the world of faded photos is the one that you remember “before” the onset of the medical condition, and instead of attempting to “preserve” the photograph, it is best to recognize that the image you see in the mirror today is the one worth protecting, and not the faded daguerreotype of yesterday, and the best way to do that is to prepare, formulate and file an effective Federal Disability Retirement so that you can secure some semblance of your future, and not be frozen in the timelessness of the world of faded photos.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Federal OPM Disability Retirement: Hope for tomorrow

Tomorrow”, as a word written today, pointing to a dimension beyond; to a vantage and perspective not yet realized, and forever to be referenced by a future date yet unknown.  When read tomorrow, it leads to the next day; and when looked upon the next day, to the following day again; and in this eternal sequence of tomorrows, whether written today, tomorrow or the next day, it forever reminds us that hope lies not in the morass of today’s problems, but in the change of things yet to be realized.

Yes, yes — we all recognize the scoffing that often surrounded the political banner of that famous phrase, “hope and change” — but that is merely because the potency of words, concepts and formulated paradigms lose their efficacy once they are used within a public arena that turns into a campaign slogan. Hope is always for tomorrow; for, without tomorrow, hope remains fallow as the desert that once promised a fertile reserve but never realized the rivers that had dried up because of the changes of the subterranean shifts in tectonic quakes that others failed to predict.

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 hope for tomorrow will often include the preparation, formulation and filing of 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 and CSRS Offset.

Today is already filled with the overwhelming problems that beset any Federal or Postal employee with a medical condition; it is for tomorrow that an application for Federal Disability Retirement must be considered, and that is the ray of hope that includes tomorrow, and the day after, in preparing and formulating an effective Federal Disability Retirement application — today.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Bastion and Refuge

The former is a fortress of protective repose; the latter, a shelter from pursuit or danger; in either case, both provide for an escape from harm.  And there are harms beyond physical danger, which count as “real” threats.  One need not be a refugee standing in line at the borders of Hungary or Croatia, hoping to be given asylum enroute to Germany, France or the U.K. in order to be considered a person of persecutory targeting.

Whether physical harm or by psychological demeaning, the need for safe harbor should never be determined by comparative analogies of differing circumstances, but via the perception of our needs and levels of tolerance.

In logic, there is the fallacy of mereology, where the relationship of part-to-whole can lead to conclusions wrong in substantive form, and dangerous in terms of truth and validity.  One’s own circumstances may be “merely X” in comparison to the greater encompassment of tragedies taken as a whole; but that does not necessarily invalidate the reality of the desultory situation one must face, and the loss of compass, meaning and circumference of relational considerations in determining the future course of one’s life.

Medical conditions have a tendency to skew one’s perspective.  To continue on without change or repose, because the rest of the world in comparison to one’s own microcosmic universe is merely that much worse off, is to deny the reality of one’s own hurt.  For Federal employees and Post Office workers who feel that giving up one’s career and applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a step towards escaping to a bastion and refuge but one which fails to adequately compare to others in more dire circumstances, the need for a “reality check” is often required.

One needs to always start from the vantage point of the present.  What others do, where others are, and how comparatively one’s own situation is “merely X” in contrast to stranger-Y, are irrelevancies perpetrated upon one’s imagination through an overabundance of informational overload.  Once, there was a time when a local newspaper was the only contact with the greater world.  Now, with Smartphones and constant Internet access, we tap into the greater bastions and refuges of those in far-off lands.

But for the Federal employee and the U.S. Postal worker who must confront the reality of the situation of contending with 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 positional duties, the “here and now” is what must be faced, and whether one’s medical condition and the situation facing the Federal or Postal worker of today “merely” pales in comparison to others in unknown wastelands, is to concern one beyond the focus and centrality of concerns and problems encountered now, in real time, in the reality of one’s universe, today and this minute.

Other parallel universes will have to deal with their own internal problems; it is the bastion sought and the refuge take by the Federal or Postal employee of today, which matters in the most personal of manners, and what should concern the hurting Federal and Postal employee in the here and now.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Calculus of Change

The title itself is somewhat of a tautology, for the branch of mathematics is defined as a study of change, divided into differential calculus and integral calculus; both, concerning the function and limits of mathematical constancy and potential quantum leaps for purposes of analyzing quantitative future applications.

We all assume some amount of change; if there is a differential to be considered, the rate of such change can be significant over an extended period of time, whereas the initial analysis can be a minimal irrelevancy.  It is the exponential rate of change applied over a lengthy period, which can produce change significant enough to enter into the calculus of future indicators.

Change is a recognized inevitability, though human expectation is often one of dependency upon the constancy of habituation and permanence.  We expect, when we open a door into a familiar room, for the interior decoration to have remained the same as the last time we entered; but who is to say that a spouse or family member did not, in the meantime, rearrange the furniture or put up new curtains?

Change has an inherent character of disquietude; it is the constancy of repetitive permanence which allows for solitary reflection and comfort.

Thus, 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 disruption posed by the change in one’s circumstances — of fiscal, professional, social, cognitive and physical (i.e., the mere act of going to work each day, etc.) — can be tremendous and traumatic.

In preparing and formulating one’s Federal Disability Retirement application, it is always a positive engagement of efforts to consider the calculus of change, and to not leave the alterations in one’s life in dismissive form as mere statistical irrelevance.

For, in the end, the biggest change of all has already occurred, in the form of an impacting medical condition which has prevented the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties in the Federal or Postal sector; the rest is mere window dressing to the very essence of a changed life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: Unrehearsed Spontaneity

In the absence of a coherent plan, one is left with the ad hoc approach of a sometimes delicious unfolding of unrehearsed spontaneity.  Dinner conversations; an unplanned visit; a sudden windfall; an inheritance from a long-lost relative; these are all desirable circumstances to suddenly befall; but most things in life require some extent of planning, and to expect positive results in the same manner as a string of lucky draws, is to ask for failure in the face of unrealistic anticipatory happenstance.

Medical conditions fall into the category of unexpected events; how one responds to it, what steps are taken, and where one goes from the discovery of the information — these are determinable follow-ups.  We often confuse and bundle together causation with effects.

Hume’s bifurcation via use of billiard balls as an example, illustrates the point of recognizing the importance of identifying that “necessary connection” which is lacking when discussing the universe of inception and result.  Some things happen without rational basis or knowable justification; but where we have the capacity to engage an active hand in a matter, the consequences we perceive from our affirmative participation can be defined and comprehensive.

For Federal employees and U.S. Postal workers who find that a medical condition has impacted his or her ability and capacity to continue in the Federal or Postal job, it is important to recognize that unrehearsed spontaneity is fine for a time, but not for planning the course of one’s future.

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, requires the cogent and deliberative gathering of relevant medical documentation; the capacity to compile the compendium of proof in order to qualify; and the application of legal argumentation in combining medical information with legal significance, in order to persuasively submit an effective Federal Disability Retirement packet.

Approvals are not won by mere happenstance; luck in a Federal Disability Retirement application is not based upon a lottery ticket purchased, forgotten, and suddenly viewed for statistical improbabilities; rather, it is a focused approach upon a bureaucratic process where the coalescence of facts, law, and preponderance of the evidence are compiled with a deliberative approach.

Leave the delicious moment of unrehearsed spontaneity to a dance under a sudden cloudburst; to prepare an OPM Disability Retirement application of efficacy and success, a wider approach of planning is necessary.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Fly a Kite

It is the epitome of a pleasurable moment, of engaging a mindless activity which spurs thought; and so to fly a kite is to soar with winds beyond our reach.  Does a life lived vicariously live life lifelessly?  As the flapping breeze at heights unreachable carries it airborne with but a thread to preclude its sudden spiraling away and into an abyss of telephone wires, treetops and treacherous heights of threatening snags, it is that hand which holds steady the coil of connection which controls length, movement, and steadiness of stability.

How tenuous is the reed of life?  When once youth masked the viscosity of existence, where mortality seemed but a yarn of empty rocking chairs and tall tells in the shadows of the flickering embers of a warm fireplace; and how the tenacity we maintained with vigor and vitality concealed those fears we harbored as we set about to conquer the challenges of an uncertain world; but when the fanfare subsided, and the promises of unspoken ceremonies fell silent before the finish line, the realization that life is but a short span of eternity where worth and value can be embraced only by measuring the momentary warmth of a hug or holding a gaze with a loved one for a millisecond beyond the practical, then does one finally achieve a balance of peace in a universe of turmoil.

The holidays tend to bring such realizations to the fore; so do medical conditions and their impact upon body, mind and soul.  If by “soul” we attribute, just for a moment, not that controversial component of man where existence beyond the ephemeral world of matter must by belief encompass eternity, but instead, the aggregate of man’s complexities:  of mind, physical body, consciousness, the heart and vegetative divisions, etc. — then it is indeed the totality of man who is impacted by a medical condition.

For Federal and Postal employees who find themselves with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the tenuous reed of life becomes exponentially magnified because of the stoppage of career, intervention of life’s goals, and interruption of all of the “things” that need to be done.  An interrupted life is like the proverbial ship without sails; the moorings have been damaged, and one senses a drifting without control.

Filing for Federal Disability Retirement benefits is a pragmatic step for the Federal employee or the U.S. Postal Worker who cannot perform each of the essential elements of one’s Federal or Postal position.  When a medical condition impacts a Federal or Postal employee, it is the pragmatic steps — the ones which can actually realize a practical outcome — which counts for something.

If you are a Federal or Postal employee under FERS, and you have at least 18 months of Federal Service, then you have already met the minimum eligibility requirement to file for Federal Disability Retirement benefits.  If you are a dinosaur under CSRS or CSRS Offset, then you have likely already met that requirement, anyway.  All that is necessary is to put together a case of proving that one’s medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, by a preponderance of the evidence.

For, in the end, it is that thin thread which guides the pleasure of flying a kite which stands between chaos and connectivity; letting go should not be the only option; it may just be a little tug which is all that one needs, in order to steady the flight of life and retain that childhood sense of invincibility.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Purposeful Statement

Some narratives are written for the pure beauty of style and art; quiet in tenor, like the bamboo hollow whistling in the serenity of a morning breeze as the sun reaches the crest of the distant mountains, the place where wizards and warlords gather in solemn conferences around a fireplace of cooling ashes.  Then, there are informational pieces — direct lines of communication, shot at the reader like an arrow and with words to pierce the intended audience.

One’s Statement of Disability, written for purposes of inclusion in a Federal Disability Retirement application by the Federal employee or the U.S. Postal worker, and whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; the admixture of history, story, situation and persuasive argumentation, constitutes the purposeful narrative.  Stories reveal a truism; in the classical sense, a conflict, and an unfolding until it reaches a pinnacle of a resolution.

A statement of disability, written in response to questions posed by the U.S. Office of Personnel Management on Standard Form 3112A, may not yet have a resolution; otherwise, the need for filing for Federal Disability Retirement benefits would be somewhat meaningless.

But be not fooled; the narrative as delineated on SF 3112A, in the Applicant’s Statement of Disability, is a story filled with compelling drama and mixed with facts, circumstances, and contextual significance, no less than the great works of literature or the purposeful articles in technical journals and compendiums of esoteric writings; it is just that the particular narration as detailed on SF 3112A pinpoints a select audience, and is written from the soul of a Federal or Postal employee,  reaching out to a nameless bureaucracy in a world where numbers are assigned to faceless and nameless workers who have toiled for years without accolades and ceremonies, but where need is the basis of the written statement submitted for an approval from the U.S. Office of Personnel Management.