Attorney for Federal Disability Retirement claims: The tumultuous years

The tumultuous years are often remembered with a sense of awe, if not with some fondness.  The suffering endured; the turmoil experienced; even the pain sustained and seared into the consciousness of nightmares and scarred memories.  But one often looks back upon those years and reflects: I survived, and though the remembrances are a blur of activities that generously skips over the details of the suffering experienced, it was a time of enormous productivity where things were accomplished in spite of trauma of obstacles placed.

Yet, when the tumultuous years are in the “here and now”, that is not how one describes it.  It is only when it is in the distant past, when it has already been overcome, and when that proverbial “light at the end of the tunnel” has already been reached. When you are still in the thick of it, fondness of memories does not prevail, and the old adage that time heals all pain is yet tested.

For the Federal employee or U.S. Postal worker who suffers 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, it may be a necessary next step to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For such a Federal or Postal employee, those “tumultuous years” are still in the here and now, and have not been overcome; and so it is understandable that you cannot yet reflect back with any sense of perspective, awe, or of fondness for those days of turmoil.  Instead, as you are still in the thick of things, the goal is to reach that end of the tunnel where the sunshine still is bright with hope for the future, and then, years later, to look back and remember, and hopefully those memories will be one with an exclamation point of having successfully met the challenge, survived it, and have put it behind you.


Robert R. McGill, Esquire


OPM Medical Retirement for Federal Employees: That uncluttered mind

How do we remain so in this world of cacophonous and discordant barrage of sounds, images and the overload of information?  Is it even possible to remain as the quietude of mind within the meditative spirit of a Zen monk reflecting upon the pool of uncertainty yet contemplating the serenity of a mind’s eye?

The cluttering is deafening; and, with it, the anxiety, stresses and paralyzing fears that accompany the world writ so large and looming so fearsome.  The uncluttered mind is the one that, with singular focus, yet accomplishes goals in life, reaches destinations otherwise fraught with obstacles, and continues to grow and progress despite all challenges that impede its way.  Is it still possible to retain an uncluttered mind?  Can there be such a state despite the overburdening of a world obsessed with “connectivity” to one’s technological devices, where the staring into the void of one’s Smartphone, laptop or other such distractions can rarely be avoided?

We tend to think that we are the “exception”, and despite our slavery and slovenly attachment to the technological innovations of modernity, we make excuses and allowances for our own weaknesses – oh, I’m not really into that sort of thing; it’s just a tool that is necessary for a time; Facebook?  Twitter?  Nah, it’s just a hobby.  Yes, before long, we get sucked into the very crevices we once laughed at and scorned.  The uncluttered mind is indeed a rarity, these days.

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, the ‘clutter’ becomes exponentially quantified because, not only must one contend with the world of clutter, but the medical condition itself is an additional stress that must be faced.

This is a complex and complicated world, full of challenges and untold stresses.  To be able to maneuver through the bureaucratic maze of a Federal Disability Retirement process is itself a cluttered road of administrative complexities, and when one must contend with the medical condition itself – which is the primary purpose for preparing an effective Federal Disability Retirement application – the clutter of the medical condition itself becomes an obstacle, leaving aside the obfuscation and obstacles that the U.S. Office of Personnel Management puts up in the pathway towards success or failure.

Filing an effective Federal Disability Retirement application through OPM is a step towards reaching the goal of the uncluttered mind – of simplifying priorities so that the primary priority is that which is most important: One’s health.


Robert R. McGill, Esquire


Federal Disability Retirement Benefits: ‘Can’ and ‘Have to’

The category of the latter has diminished in recent years, as the general populace has mistakenly misinterpreted the distinctive definitions of liberty and freedom, and reassigned meanings as license and anarchy.  The blank column of the former concept has come to be full, despite the reality of the economic downturn and the shift into a global economy that, we are told, is an inevitable consequence of human progress.

We were taught that the march of progress required the destruction of the American West, where a way of life needed to be trampled upon and destroyed in the name of advancement and civilization; that each step of innovation and progressive paradigms constitute an almost Hegelian fatefulness, and resistance is merely an act of futility within the aggregation of the Leviathan called “Progress”.  The modern parlance consists in the acceptance of every innovation of technology, to the extent that Orwell’s dystopian premonitions have been surpassed by a reality now accepted as mundane and commonplace, and we fail to realize that his magnum opus of a totalitarian future could have been heeded, but now is merely embraced with a yawn and barely a glance backward.

The more that society comes to believe in that which we ‘can’, as opposed to the obligatory mandate of ‘have to’, the less likely is there of a resistance to authority.  And, until the police raid in the middle of the night or the unquestioned stop and search on a highway where others just whiz by without puzzlement or curiosity, is experienced personally by a given individual, the onerous nature of laws passed in the name of safety, security and preventative measures, will be merely a conceptual haze masked by an obscure hypothetical.

Instead, we live day-to-day in the conundrum of being told that we ‘can’ do what we want, desire and fantasize about, and there is little that we ‘have to’ do.  Thus do infidelity and divorces occur; of abandonment of family ties based upon tropes of scintillating sensations; and goals set aside in the namesake of present pleasures.

There is a category of individuals, however, where the luxury of ‘can’ cannot be replaced by mere want of ‘have to’ – a person with a medical condition.  For Federal and 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 ‘can’ once relied upon transforms into an inability.

Once the inability to perform one or more of the essential elements of one’s Federal or Postal position becomes a reality, then the ‘have to’ is finally realized – of preparing, formulating and filing 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.  Do not let the muddle of incessant trope involving ‘can’ become confused with ‘have to’ – for, when one comes to a point of ‘must’, it is time to prepare, formulate and file an effective Federal Employee Disability Retirement application.


Robert R. McGill, Esquire


Medical Retirement from Federal Gov. Employment: That sigh of regret

It is released without consciousness of foresight, or random expectation of hope to come.  Often, merely an involuntary deviation from a carefully-guarded appearance, that sigh of regret escapes with a haunting echo of mirthless exhaustion.

Is there a time when past regrets catch up to present dismay, obfuscated by the loss of any future hope to reinvigorate?  What is regret but a deed left undone, a trepidation leading to inaction when flight of carefree abandonment embraced us for a moment, where craziness of freedom from the fetters of caution allowed one to pause and jump without fear of tomorrow?  And the sigh that follows, but a mere refrain denoting the commonality of experiences, withheld, where caution pulled us back because of pragmatic considerations we once beheld to be more important than the liberty of our means.

Rare are those lives whose self-assurance in the meandering days of feckless travels reveals not a morsel of remorse, but a fullness of memories neither unrestored by neglect nor needing any touch-up or photo-shopping imputation.  Some have warranted that to regret is to die a slow death, while others accept it as merely the general populace’s lot in life.

The sigh of regret is emitted during that lapse of unguarded exposure when vulnerability is allowed to reveal, where openness – whether because of insanity, inebriation or a raw moment of “being real” – stands in line behind the impenetrable fortress of layers carefully shielded in order to construct that wall of mystery.  But the other side of regret – like the turn of midnight as the clock strikes its 12th toll – is the knowledge that something else could have been, that better tomorrows might have been, and the “what ifs” of life keep coming back to haunt, each whisper followed by a louder intonation of incessant reminders.

For Federal employees and U.S. Postal workers who having that sensation – of a pause, a consideration or even an inkling – that it is time to begin preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, there are “better times” than others where timing in filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management should be weighed and balanced within the greater context of all other considerations.

What one does not want to happen, is to allow for a later event to emit that sigh of regret, which is what so many people, in so many circumstances, end up doing.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee has already let loose a sigh of regret, is the best pathway forward to ensure that – whatever accumulations of life’s regrets one may already hold within the bosom of one’s soul – future actions will fail to predict the sorrowful din of tomorrow’s hope for a better future, where that sigh of regret may be muffled because an act today was taken in light of yesterday’s remorse.


Robert R. McGill, Esquire


FERS CSRS Disability Retirement from OPM: Fatal Flaws

Nature is harsher than the artifices created by man; egalitarianism or empathy for the less fortunate, are not found as traces of widespread encapsulation of the essence of the wild; instead, the opposite is true:  of indifference, abandonment in the face of a wounded comrade, and flight as opposed to commonality of surrender.  It is only in the antiseptic universe of human civilization that we discover character, trust and fortitude in the face of threat.

Is this a fatal flaw in the humanity of the species?  Perhaps.  Time will tell, as civilizations rise and fall, as to whether the inherent weakness of totalitarianism will succumb to the overt unsteadiness of democratic institutions, and whether kindness wins out over betrayal, truth over falsity, and cruelty above warmth of favor.  Malignancy is considered nature’s retribution against the unsettling forces of dominance and survival; but as history shows, the linear nature of our thought processes rarely reflects the reality of how man proceeds.  There are fatal flaws in every aspect of life’s misgivings; but most are merely defects correctible by substitution of lack with that of an addendum to afterthought.

In a Federal Disability Retirement application, there will be times when the U.S. Office of Personnel Management requests additional information because of an obvious lack; while a response does not necessarily guarantee an approval of one’s Federal Disability Retirement application, attending to the request will often appease the desire for more evidence.  If a Federal Disability Retirement application submitted to OPM has been denied at the Initial Stage of the process, are any errors or mistakes ever fatal flaws?  Rarely.  It depends.  Likely not.

Qualification: Undoing something is often more difficult than its opposite cousin in the affirmative; blinders cannot be placed upon OPM once they have reviewed something, and we cannot pretend that they haven’t already formed an “impression” of a case.  But corrections, supplemental information and addendum to deficiency; these are all the tools available for the Second Stage of the process — the Reconsideration Stage.

Then, of course, there is the avenue of the Third Stage, if such corrections have been unpersuasive or ineffective; and that would be an appeal to the U.S. Merits Systems Protection Board, where an Administrative Judge would decide the case.  There is even a “Fourth” Stage — a petition before the full board of the U.S. Merit Systems Protection Board.  Beyond that, an appeal to the Federal Circuit Court of Appeals is also available, though the systemic losses in all of the previous forums identified, makes for a near-impossibility to reverse course at that level unless there are onerous legal grounds to argue.

As we pointed out at the begin of this parade of verbosity, natural law is lock-step in tune with the marching harshness (to remain true to the metaphor of parades, marching, bands, etc.) reflected by genetic deficiencies manifested as fatal flaws; but in the bureaucratic universe of administrative processes such as filing for Federal Disability Retirement benefits, the safeguards allowing for a multitude of due process steps rarely follows the trumpets and trombones (there again, that metaphor overplayed) of nature’s unforgiving ways.


Robert R. McGill, Esquire


OPM Disability Retirement: Loss of that subtle distinction — fun versus training

Reading older works of literature is a lesson in historical perspective; times were different, and not just slightly, but by leaps and bounds.  The linear nature of lives results in the incremental adaptation by evolutionary subtlety; that was precisely Darwin’s argument — that the metamorphosis reacting to physiological necessity in order to allow for the propagation of any given species, occurs not by genetic alterations involving sudden and drastic earthquakes, but by slow, almost undetectable nuances of change.

That is why there is no “missing link” to discover in the fossils of unrecorded history; the preservation of ancestry occurs by revealing closeness to modern kin, and the farther in time we discover, the greater the alienation of apparent relationship. Rarely does an anomaly of nature survive, for such mistakes test the forces of survivability; mutants are thus fodder for science fiction and stories about lost civilizations and catastrophic survivors of devastated ambience.  Dystopia is popular, as are zombies and mutants, but hardly reflect a reality generating scientific certainty or a foundation to base genetic discoveries for curing medical mysteries.

The aged who complain distressingly of “them good ol’ days”, have the ability and capacity to recognize the stark contrast between the ills of modernity and of the segmentation of remembrances decades ago; the comparison is not between today, yesterday, or even the day before; rather, it is by erasure of multiple middle years that we can realize the drastic alterations heaped upon us.

Thus, the slow boiling of a frog is the metaphor we can relate to; or, in literature depicting an age of innocence, where children played merely for fun, and not for training to be the next great olympian.  No longer can “playing” be for mere amusement and leisure; any and all activity must be measured as against future utility, and recruiters now roam the hallways and gyms — not of colleges or high schools, as one might expect, but — of middle schools and promising elementary classes.  There is, indeed, something drastically different between modernity and that “time before”, when “fun” is no longer allowed or allowable, and childhood, innocence and carefree disregard of world events must be a means to an end, and never a gemstone retaining value in its own right.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition requires consideration for filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, the time of innocence past is like a distant memory difficult to hold onto, but ever often hard to forget.  The days of fun, like lazy summer afternoons spent on elbows supporting nodding chins and flushed cheeks full of promise, are long gone, like distant memories forgotten but for moments of reminiscences over barbecue grills and family get-togethers.  Life is tough being a grown up.

For Federal and Postal employees who must, in addition to the obstacles and pitfalls of daily living and career choices, contend with medical conditions and agency harassment, Postal disciplinary actions and other unwelcoming overtures, filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best choice and option of promising resort.

Staying put, is no longer possible; simply walking away, is a fool’s act.  Filing for OPM Disability Retirement is the wisest road to a tomorrow which promises a different phase.  These are no longer days of fun, and the training we received is to be applied by revealing growth, maturity and wisdom through our actions of pragmatic fortitude.  And like the crystal ball which children use as marbles in play, looking into one as a device for future insight spoils the fun of it all.


Robert R. McGill, Esquire