OPM Disability Retirement under FERS: The Salve of Talk

We used to recognize the distinction between “talk” and “action”, but modernity has blurred the difference through social media outlets which purport to elevate words as “action-words”.  It is enough in this day and age to merely state that “X is Y”, even if there has been no actual transformation of X becoming Y other than a declarative sentence stating it as a fact.

Some philosophers have, of course, posited that certain words do, indeed, constitute “actions”; but for the most part, the history of linguistic malleability has resisted, and the distinction still holds between words and actions.  Thus, to say that “X was run over by a truck and lay in the hospital” is quite different from the fact of such a description; and anyone who has experienced pain can attest to the differentiation posed.

Talk in recent times, of course, has become a kind of salve.  There is therapy where once there was penitential confession; and families in general believe that “talking about things” is a good thing.

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, talk only gets you so far.

Preparation, formulating and filing of a Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, is the step beyond the salve of talk, and to take that first “action-step”, you may want to contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law.

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.

 

Federal Employees with Chronic Medical Conditions: What to Do

It is the universal question which confronts us all: The next steps; how to react; what sequence of actions to take; and, in the end, it also involves any verbal or written responses, as well.  For, the “doing” part can involve both actions and words.

From the little boy confronting a bully who asks the question, “What are you going to do about it?” — to the adult who is faced with a crisis which may involve other family members, where the question is somewhat altered: “What are we going to do about it?” — the answer is not always clear; the response, not always known.

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, “What to do” is the question posed, the problem confronted.

We are never expected to know everything, although all of us would like to think that we have an answer to most of life’s problems.  But this is a unique circumstance, a special order, a confrontation of unknown proportions.  And when you are faced with the unknown, it is best to contact someone who is experienced in the “What” and the “Doing” in response to the “what”.

Contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of confronting the “what” — as in, What to Do?

Sincerely,

Robert R. McGill, Esquire

 

Long-Term Disability Retirement from Federal Government Employment: Incompatibility

It is essentially the “fourth” criteria in a Federal Disability Retirement case — the first three being, whether or not a Federal or Postal worker can show to the U.S. Office of Personnel Management a deficiency in performance, conduct or attendance.

Unfortunately, the performance-review system is often one of an afterthought — of Supervisors and Managers giving “Outstanding” or “Fully Successful” ratings for all employees just to get through the process and avoid the headache of an appeal or grievance response.

So long as the Federal or Postal worker is healthy, such favorable performance reviews are great.  However, when a medical condition hits a Federal or Postal employee, and the need arises to file for Federal Disability Retirement benefits, then that is the time that such favorable performance reviews are scrutinized and used against you by the U.S. Office of Personnel Management.

The argument goes thus: Your Agency says you are doing such a good job; so, how can you now say you cannot do your job?  It is that fourth criteria — one of incompatibility — which often forms the foundation for filing a Federal Disability Retirement application.

Contact a FERS Disability Retirement Lawyer who specializes in Federal Disability Retirement Law and begin the process of determining whether you meet the criteria to qualify for Federal Disability Retirement benefits with OPM.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

OPM Medical Retirement for Federal Employees: Life Goes On

Americans make of politics the same as everything else we do: It becomes a passion with a responsiveness tantamount to life and death.  We do it in almost all else, as well, as in sports — if our team doesn’t win, it is as if the world has come to an end.

We do it in marriage — we put on a great show at tremendous expense to announce that it is an event which will last forever.  We do it in religion — where every denomination and every pokey-little church has a corner of truth in interpreting “the doctrine”.  We do it in Supreme Court nominations, who our Congressman or Senator will be, and in every other sector of life.  We act as if the world will come to an end — like Y2K, Climate Change and the Presidential Election.

But Life Goes On.

The “day after”, everyone else has to move on and make a living and deal with life, no matter who won, what occurred or which side prevailed.  And 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, dealing with the U.S. Office of Personnel Management is still a reality which must be faced.

So, recognize your priorities in life and realize that whatever happens, you will still need to consult with an OPM Disability Attorney who specializes in Federal Disability Retirement, because no matter what, life goes on.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Who I Am & Who Am I

One is a question; the other, a declarative statement.  The latter of a more subjective nature; the former, perhaps a composite of observations by third parties together with self analysis.  Both must begin with a query — of analyzing a statement “about” myself, through others who are well-known as well as of opinions rendered and judgments passed by acquaintances and passersby strangers barely acknowledged.

“Who I am” is often answered in response to a preceding query by a third party: “Who are you?”  It might be answered with fairly objective and short statements which are incontestable: I am X’s brother in-law; I am the husband of Y; “Oh, I am Sarah’s father” (in response to Sarah’s classmate who sees you standing outside of the classroom); or, “I am nobody”.  This last statement, of course, has implications well beyond being an unresponsive nullity; for, it goes to the heart of one’s own assessment of one’s self, one’s consequential impact upon the limited universe of one’s role, and the very essence of an ego left abandoned.

The other — Who Am I — is often followed by the grammatical punctuation of a question mark.  It is often a self-reflective query — one which causes a pause, a momentary furrowing of eyebrows raised, and then a regrouping of having just previously been taken aback by a question which stabs too closely to the essence of one’s being.  Perhaps a soliloquy follows.  One will normally cast the question off with a shrug and answer the self-query with, “I am X” and then move on to take out the garbage, watch a movie, see a documentary or engage in what Heidegger refers to as an activity which allows us to forget our mortality.

Will the question inevitably haunt us and force us into facing ourselves at some point in our lives?  Perhaps.  Can we avoid the question entirely?  Maybe.  It is the former, asked by others, which fails to have the force of the latter, and merely because of the placement and substitution of positions of the two words after the “Who” that makes all of the difference.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must face the prospect of facing the question, “Who I am” in reference to one’s position and role in the workplace, it is often the medical condition itself which prompts the second, more incisive query of “Who Am I?”

Does a medical condition define a person?  Certainly, the Agency or the Postal Service makes it the primary issue by questioning one’s competence or capabilities based upon your condition.  Both questions go to the heart of the issue in a Federal Disability Retirement application; for, in the end, the Federal Agency and the Postal Service treat both questions with a foregone conclusion of an answer: You are Nobody if you are no longer part of the “Mission”, and that is why filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Stresses

The bombardment of stimuli is an unavoidable constancy.  We may not even “know it” or may not be conscious of the surrounding and indirect data being taken in, but the lights, sounds, peripheral data and sources of distractions all vying for our attention nevertheless impart their silent screams for our reaction and response — and our “subconscious” selves take it all in, process it, and determine which course of action will appropriately take care of it.

Tolerance for it depends upon each individual.  The level of one’s capacity to withstand it; to avoid it; to ignore it; to subsume it into the body of our everyday existence is likely dependent upon one’s DNA and the circumstances of our upbringing.  Does everyone have a “flashpoint” of breaking?  Likely.  Are some able to tolerate greater levels of stresses than others?  Yes — although, most of us think that we are that “exceptional” individual who can withstand to greater heights than others, when we are more likely no different; we just hide it better.

It is often the foreboding of an uncertain future which provokes the greater stress; that, combined with the unexpected, together portend an intolerable level of heightened fear.

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 stresses that one must tolerate are multiple and overwhelming: Dealing with the medical condition itself; the uncertainty of one’s future with the Federal Agency or the Postal Service; the stresses of the demands made by the Federal Agency or the Postal Service; and the unpredictability of a Federal Disability Retirement application with the U.S. Office of Personnel Management.

While such stresses can never be completely eliminated, it is the confidence going forward that certain of them may be contained, restricted or ultimately resolved, may be better dealt with by getting some answers by consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Ducks out of place

Ducks by the pond; out in the fields of wheat and grain; of picturesque paintings of a scene upon the countryside; in parks and near still waters; or on a farm where the pastoral beauty of serenity of times now gone forever, replaced by metal, concrete, the noise of technology and the sniping fire of man’s presence.

Then, 2 ducks — presumably male and female — land upon a winter’s edge in a suburban neighborhood, and make their nesting place for a fortnight’s term.  They stay.  They wander about between hedge groves that splinter and divide, and where fences left untended allow for lines of ownership to remain fallow with the decay of summer’s drought.

The people mill about and recognize their presence, and over time a truce remains where delight of settings long forgotten pace themselves with life’s forlorn smile that yes, perhaps time has lost upon the space of unrelenting callousness, where even the ducks out of place can no longer bring back the memories of youthful days when summer was but the sands of timeless waves when laughter boiled over and pleasures were yet innocent in days beyond the garden of Eden’s gates.

And we realize that, like the ducks left out of place who came mistakenly to believe that the pastoral interludes of gardens tended in the manicured lawns of suburbia represented the quietude of yesterday’s forests and streams allowing for peace upon a winter’s day, we are the misfits of a universe left to toil in the meandering thoughtlessness of cruelty’s longing.

Then, one night, the crazy neighbor whom everyone shunned, came out in the midst of night’s yawn and shot them both with a single shotgun blast.  The ducks out of place were left to remain in the misery of their misunderstanding, that somehow nature and man could find a compromise, when compromise’s twilight had long since been forgotten.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, preparing a 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 — becomes a necessity when you begin to recognize that, like ducks out of place, you have become the “odd man out” within a Federal agency or the Postal Service that deems you to no longer be “worth” it.

Whatever the “it” is, you have become the castigated castaway that becomes the focal point of distrust and harassment.  Do not wait to hope that accommodations will be forthcoming; in the setting of a Federal Agency or the Postal Service, the pastoral picture of a helpful agency is rare and indifferent, and the best way forward is to prepare, formulate and file an effective Federal Disability Retirement application, submitted to OPM in order to avoid the fate of those ducks out of place.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Answering the question

What constitutes “answering the question”, and more importantly, how does one determine when its opposite occurs — NOT answering the question?  Does the former occur if the questioner fails to follow up, and does the latter become an issue if the person asking responds with, “That doesn’t answer my question,” or some such similar declarative assertion?

Take the following hypothetical:  Person A asks Person B, “So, where do you come from?”  Person B answers, “The skies of Normandy were grey on that June day in 1944.”  Now, Person A could have various responses to such a statement, as in:  1.  “No, no, I asked where you came from.” 2. “Are you telling me that you come from Normandy, France?”  3.  “That doesn’t answer my question.”  4. Or, silence, with no follow-up.

Person B, of course, could similarly respond in variegated ways, as in:  A.  “I just told you.”  B.  “Yes” or “No” (in response to the follow-up question, “Are you telling me that you come from Normandy, France?”).  C.  Silence, or “Yes it does.”  D.  Nothing further.

It may be that Person B simply has a poetic bent, and from his perspective, the mundane query was answered in a metaphorical, literary manner.  More to the point, however:  Who determines if a question has been answered (leaving aside the further query of whether the answer itself has “sufficiently” or “fully” been responsive to the question) — the one who asks, or the one who answers?

In a normal conversation, of course, the issue rarely comes about; in an argument where one or the other side, or both, are trying to get answers and defeat the other side, the heat of the moment may determine the answer to the question; and the penultimate paradigm of the question, “Who determines whether the question has been answered?” occurs in the highest form during a deposition or cross-examination in the legal arena.

Observing what occurs during a court proceeding is an interesting experience of human behavior; of the back-and-forth between counsels and the witnesses being deposed or examined, as in:  “You didn’t answer the question.”  “Yes, I did.”  “I asked you…”.  “Asked and answered.”  “Objection, the question has already been asked and answered.”  And on and on until a singular point is pursued to an exhaustive level ad infinitum and ad nauseum.

Is the issue of what constitutes an answered question somewhat akin to the question or “original intent” — i.e., that just like an author’s original intent as to the meaning of a written document is what should rule, similarly, the person who asks the question has the sole power to determine whether or not the question asked has been answered, and moreover, adequately and sufficiently answered?

For Federal employees and U.S. Postal workers who are beginning the process of preparing, formulating and filing 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, these questions concerning the “answering of questions” will and should come to the forefront when confronted with the questions asked on SF 3112A, Applicant’s Statement of Disability.

Inasmuch as the U.S. Office of Personnel Management has promulgated the questions in a carefully-crafted manner, there are some inherent pitfalls and dangers in what constitutes an adequate response, a sufficient answer and the complete delineation that rises to the level of a satisfactory statement.

SF 3112A is replete with unanswered questions within the very substance of each question, and the answers you provide are best guided by an attorney who has had the experience of legal encounters previously, and who specializes in the Law of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Cat’s Cradle

It is the complex game of strings wrapped around the small fingers and thumbs of each hand (or a modification of that contorted vestibule of human appendages), and where each player turns the cradle of the strings into greater complexity with each move by the other.

When children play it, the ease with which each turn of transforming the cradle of strings is a fascinating experience to witness.  When grown-ups do it — or, more accurately described, mess it up royally and invert the design into a an ugly bundle of irreversible entanglements that can no longer be played — the “overthinking” begins, the hesitation blockades and the uncertainty overwhelms.

It is always the grownups who mess up the beauty of the world’s designs, while children play it effortlessly, without conscious thought and with an innocence of proceeding that reveals much about what happens to an individual when you “grow up”.

Of course, we all have to grow up.  It is a sad inevitability.  That is why when the stunted individual who never quite got over his or her high school years, and still to this day talks about that grand finale of his senior year where the glory days of football, parties and friendships that were promised to last forever — that these frozen images yet remain so many years later as the pinnacle of one’s life and achievements — we shake our heads sadly and wonder at the fragile nature of man’s folly.

Cat’s cradle is the metaphor for much of life itself — of how simple childhood is, and yet so complex like the strings that bind the hands that create.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal job, the time to “think” about the next move — like the overthinking grownup who is asked to take the next step in the game of Cat’s Cradle — may seem complex because of its very simplicity.

There is the future to think about, and all that comes with it.  One’s career, health and future security are all entangled within the strings that wrap around and throughout one’s life, but the question that remains is similar to the conundrum of a Cat’s Cradle — is it you who will make sure that the next design of strings will turn out “right”, or will you leave it up to the Federal Agency or the Postal Service to determine your future course of actions?

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is a complex administrative process —much like the tangle of strings in a Cat’s Cradle —but it is the simplicity of deciding that will make all the difference as to whether the next move will be a successful one.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: How words matter

They do, don’t they?  Otherwise, how else to explain the endless plethora in the course of a single day, heard from every corner and source imaginable: The radio; the television; DVD; streaming; other electronic mediums; bystanders; on the telephone; written forms in email, texts, Facebook postings; everywhere, the insular words of a private-public conversation — public because much of it is accessible to everyone, except for those whispered soft nothings in the privacy of bedrooms and lips upon ears, but throughout acted upon “as if” each exchange of communication is between the sender and receiver, the declarative and the reply, the conversationalist and the lecturer; and so the infinite stream of words flow back and forth like the ebb of tides that have washed the shores of this earth from the beginning of time, or so it seems.

But what if actions never follow upon words; do they still matter?  When a person condemns another and shouts out, “He’s just full of it!” — what exactly do we mean?  A person makes a promise; words are spoken; perhaps even a “contract” is written up and entered into.  But then, nothing happens.  No actions are taken; a lawsuit is filed, and more words are entered into the database of the “justice system”; a trial is held, and more words spoken, this time in front of a judge.

At what point did the words originally spoken or written fail to matter, and when did they then again matter?  What is meant by “matter” — is it only in conjunction with actions taken, or do the words themselves, hanging in the suspended universe of the ethereal, have some impact despite no one taking any notice of it?  Is a “vow” or a “promise” something more than mere words?  If a person makes a promise and marries, takes the traditional vows of fidelity and honor, do the words matter, or only by the actions that follow, or both?  And what of the person who says nothing — in past ages, there were men (and women) who had a reputation of “being a man (or woman) of few words” — but always follows through on his or her commitments?  Do the words not spoken matter?

Yes, yes — the linguistic philosopher will observe that the very lack of words was telling all the same, but we are not talking about that — not of silence, but of words spoken, and not of those unspoken.  Thus do we say of the person who keeps his promise — “He is a man (or woman) of his/her word”. But what if he/she breaks every promise spoken, and says upon getting caught, “But I never meant a word of it anyway”?  Does that make a difference?  Or of the boring lecturer who no one listens to, but then when a fire breaks out and a small child yells, “Fire” and everyone listens and exits safely — how did the action following upon the words spoken matter?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has come to a point where preparing, formulating and filing 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, what must always be kept in mind is that the entire administrative process of the bureaucratic methodology of “Federal Disability Retirement” is based entirely upon “words” — of meeting the legal criteria with words; of describing the nexus between the medical condition and one’s positional duties with words; of making persuasive legal arguments with words.

Words matter by being effective, where actions follow upon the singularly unique encounter between the insular world of subjective words and the objective reality of “others” listening, taking it in, then acting upon them — as in granting an approval for a Federal Disability Retirement application upon a submission of a bunch of effective words that comprise a successful Federal Disability Retirement compilation.  That’s when words matter, and the manner in which words are put together.

Sincerely,

Robert R. McGill, Esquire