FERS Disability Retirement Law: A Comma, Not a Period

If each of us were but a punctuation in life, what would we be?  Of the curious mind — forever a question mark?  Or of that person with immovable convictions who goes around always opining on every subject, whether with knowledge or not — perhaps an exclamation point?

And of present circumstances, do we ever want to be a period, or merely a comma?  For, the period is that dot of finality, whereas a comma is merely a pause, an interlude, a hesitation before the rest of the sentence continues.

Do we really want the thought to end, or merely to cause a pause and then proceed with a burst of thoughtful streams where life continues on, the plot remains as thick as ever, and the chapters continue for pages upon pages?

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 or basic elements of one’s Federal or Postal job — don’t let the medical condition end your career with a period, but rather, let it be a mere pause like the comma which hesitates.

There is, after all, life after the Federal government, and preparing, formulating and filing an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS), submitted through the U.S. Office of Personnel Management, allows for the story to continue after the comma, as in being allowed to make up to 80% of what your former Federal or Postal position paid, on top of the Federal Medical Disability annuity you will be receiving.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and allow your life to be a comma with a continuing story to live, instead of the finality of a period which negates a brighter future.

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 Disability Retirement: The Squirrel Catcher

Squirrels are unique creatures.  Nimble, acrobatic, persistent and destructive; curious and inquisitive.  When one drops down a chimney because of their inquisitiveness, what do you do?

If you open the fireplace screen and try and catch it, it will likely squirm with lightening speed and begin to run around your home.  If you leave it there, you cannot use your fireplace — unless you want the smell of burning flesh to permeate your house for weeks on end.

So — if there is one around your neighborhood, city, community, etc. — you call an “expert”: an animal trapper.  The animal trapper — or perhaps the more narrowly-designated title, The Squirrel Catcher — comes in with the tools needed: A wide net; a number of traps; a helper, etc.  Within minutes, the squirrel is caught and whisked away.

It is this specialization in solving a unique problem which is required, and filing for Federal Disability Retirement benefits under FERS is no different from calling the squirrel catcher when unique circumstances prevail.

Contact an attorney who specializes in Federal Disability Retirement.  For, in the end, the Federal Disability Retirement Lawyer is similar to the squirrel catcher in that both are uniquely trained to obtain the desired result.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The Chosen Word

Words chosen bespeak of the artfulness of the one who chooses them, but the true artist remains anonymous and allows for the words themselves — the “artwork” of the word-meister — to make its quiet impact.  It is the vehicle of communication; it is the goal of the sentence, the “umph” of the connotation and the hyperbole of a paragraph’s ending.

In a universe inundated by words — some would argue that the essence of modernity is people merely spewing out words, because that is all we ever do, now, and can do, is to talk a lot without getting anything accomplished — and thus the importance of the chosen word, or more precisely, the carefully chosen word, becomes all the more significant.

In this post-modern era, the question is no longer about Truth or Falsity; rather, it is about sifting through the maze of overabundance, where the impact of words fail us precisely because we can no longer appreciate the subtlety of connotations, derivations, implications and innuendo.  As brashness blunts the art of derivative meaning, so overabundance of words dilutes the craftsmanship of a well-composed sentence.

It is like the orchestra with one too many violins; the extra becomes an overkill to the sensitive ear that cannot differentiate because the sounds of repetition dulls the distinctiveness of each.  Words await to be chosen, lost in the void and vacuum of unused dictionaries, and in this age of the Internet, forever relegated to the ethereal universe of the vanquished scenery of outcasts and extinguished, waiting to be rescued for an insertion into a sentence, a hyperbole within a parenthetical clause, or a hyphenated relevance amidst a sea of declarative thoughts.

For the Federal employee or Postal worker who must consider preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the thing to remember is that the final Federal Disability Retirement “package” that is filed with the U.S. Office of Personnel Management is a “paper presentation” of a bunch of jumbled words — “jumbled”, unless each has been carefully chosen in order to communicate effectively, well, and persuasively.

It is the untying of the knot of complexity, the smooth and controlled sequence of words that become aggregated into a paragraph, then a full page, and in the end, it is the chosen word precisely crafted, picked like the ripened fruit of ideas that must persuade and win over the thousands of worthless and meaningless other words that will fail the test of an OPM Disability Retirement application — and like that perfectly chosen word, be careful to choose which word-meister you hire to represent you in this most important of endeavors!

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

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 issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in 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, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Among friends

So, in the cackle of laughter and the roar of a campfire, or perhaps in the hazy heat of summer outside by the swimming pool, or wherever; among friends, enjoying an afternoon, a late morning, an early evening or into the twilight hours when children whisper sweet sounds of snoring dreams and even the dog has had enough of the friendships, especially where table scraps are no longer offered and a wagging tail barely invites a pat on the head, and certainly no more tummy rubs no matter how many times a hint is dropped; and so the vacant stares begin to take hold and the late-hour goodbyes begin to be offered.

Among friends; and yet there is an uneasiness; perhaps you learned something about one of them that you never knew before; perhaps, that couple you knew from high school or college, of whom you and your wife have always said, “Oh, not them!” Life brings unexpected traumas and turmoil, tumultuous events and interventions that one never plans for.  People whom you thought “would never” – whatever the blank narrative that follows that phrase or conceptual construct – suddenly do, are or will become.

We fail to recognize, always too late, that it is the unpredictability of life that is the predictable, and when we become ensconced with the settled comfort that guided Parmenides in his philosophical outlook, and recognize the perspective of Heraclitus, then can we take a step back and plan for that unexpected travail.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position, it is precisely that sense of “being among friends” that can become problematic.

When to inform the Federal agency or the U.S. Postal workers of the intent to file; what to say, how much to divulge and in what form; to what extent this or that individual, supervisor or manager is allowed to know; what prying eyes will have access to sensitive medical information; and who are we among – friends, foes or somewhere in between?

These are questions that will have to be confronted and sensitively danced around and about, for in 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, the questions are often not, “Are we among friends?” but rather, “Who are our enemies”?

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Complexity and Confusion

Life has become more complex than humanity has desired; those harsh days of “horse-and-buggy” past – of simplicity which is romanticized, yet of a day’s labor just to provide a subsistence lifestyle; where technology was not yet invented, leaving aside having had any thoughts about it; of leisure and convenience relegated to a Sunday afternoon, where even then, preparation of a meal was not about whether to go to the local supermarket or out to a restaurant, but to take and kill from one’s farmstead or hunt in the woods.

Is there a compromise and middle ground?  Does it all have to be complexity and confusion, or simplicity in its harshest manner?  There is, in modernity – and throughout the ages – a desire to “return to nature”; of an idealized perspective which is represented by dystopian narratives promulgated through epidemic catastrophes or war-torn holocausts of unimaginable proportions.

And, although such stories purport to reveal the dire consequences of how we treat this planet and seemingly portend of undesired results, yet there is a secret, underlying and not-so-discreet relishing of reincarnating Locke’s and Rousseau’s “State of Nature”, more formidably proposed by Darwin and his sycophantic followers, where the “survival of the fittest” best defines the characteristics of human excellence, and that those with book-smarts and wily, cagey talents – i.e., Wall Street Traders, computer geeks who made millions and billions by creating cognitively-applied moneymakers, and Bankers, Lawyers and the like (in other words, those who would never survive in a State of Dystopian Nature) – get their due recompense by being enslaved by the fitter and stronger.

But this is really nothing new; look at the utopian approach reflected in the transcendentalist philosophy represented by Walden, in the collective silliness of grown-ups wanting to be children as snot-nosed fantasies running around in diapers and hugging the earth, as Thoreau, Emerson and Channing, et al, were keen to do.  There is, then, a pervasive desire throughout history, of harkening back to a time never known, rarely reinvented, and forever in existence in its idealized, paradigmatic pinnacle of forms; but what of the alternative?

That option is already here – in the full complexity and confusion of modernity.

If we could just bottle every second, all of the minutes and the collection of hours promised that would be saved by each incremental advancement of technology’s rise, we should all be living the life of leisure.  Instead, it has all come crashing down upon us:  greater stresses; more complexity; a wider expanse of confusion.  They seem to come hand-in-hand, don’t they?

For the Federal employee and U.S. Postal Service worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from continuing in the chosen career, complexity can lead to confusion, and by the inverse laws of physics, confusion can compound greater complexity.  Federal Disability Retirement is an area of law that is infused with inherent complexities; being confused about the process, including the statutory basis, what meets the preponderance of the evidence standard, and which case-law precedents apply, can further add to the complexity and confusion.

Seek the advice and guidance of an experienced attorney who can alleviate both, and as life itself is complex and confusing enough, adding to it by stepping blindly into the foray of Federal Disability Retirement without legal representation may be not just the height of foolhardiness, but more akin to the fool who not only attempts to have himself as a client, but is moreover a confused fool with an unidentified personality complex.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Consequence of Indecision

Why is it that some are able to make thoughtful decisions within a relatively short span of time, while others are paralyzed by indecision?  Is it purely a reflection of that — of “thoughtfulness” as opposed to lack of thought?  Or, perhaps because some have already predetermined the applicable criteria which is immediately instituted, like placing a window frame upon a hole in the wall, thereby capturing the stillness of scenery ensconced in a timeless warp of alternative displays?  Is it important to have set up a “criteria” upon which characteristic distinctions can be made, separated, identified, then dissected for evaluative reduction such that the proverbial chaff can be separated from the wheat?

Recognition that some decisions are based purely upon appetitive criteria — such as choosing a meal from a menu — as opposed to selecting a college to study at, a career to enter, a job opportunity to consider; what is the applicable criteria to help frame the issues to be questioned, inquired into, resolved?  And where do values come in — belief systems, what one holds dear, whether there are normative cultural pressures to consider, and the moral caveat which precedes the judgment of friends, family and relatives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, at what point does the Federal or Postal employee consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management?  is it when you finally drop dead?  Is it when you become so debilitated that you cannot make it into the office any longer?  Do you destroy your body, soul and psyche in order to prove a point of loyalty?

Fortunately, the law itself helps to frame the decision-making process.  As OPM Disability Retirement requires that certain age and time in-service criteria be met, and further, that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional duties,  some of the work necessary to “make a decision” has already been initiated in an “objective” manner.

In the end, however, even the child who first enters an ice cream shop and realizes that the world is not bifurcated into simplistic binary systems of “either-or”, but presents a multitude of endless summers of nuanced pathways to ecstatic completion, who must ultimately point to, and choose, between alternative compasses which will navigate one into the future of one’s contentedness, or dark chasms of dismay.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Medical conditions and the “to-do” list

We often approach everything in life in a repetitive, systematic manner; of a routine which engenders habituation of comfort, and of identity harkening to obsession of similitude.  It is said of Kant that his neighbors set and corrected their watches and clocks according to the regularity of his walks, as his life maintained a predictability of precision so reliable that error could only be ascribed to a mechanical defect, and never to his human constancy.

It is as if there is an internal “checklist” in order to attain a progression of human development, and in an effort to achieve that advancement, both of thought and of physical growth, we must be assured of completion and fulfillment.  But medical conditions are never like that; we cannot “do something about it” and expect to “check it off” of our “to-do” list, only to move on to the next item on the itinerary.  A pastor once quipped, “Where there are people, there are problems.”  True enough; although, there could have been an addendum:  “And where there are problems, you can always find impure motives.”

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 basic elements of one’s Federal or Postal job, the problem is one of duality of purpose:  For the Federal or Postal employee suffering from a medical condition, the approach of attempting to “check off” the medical condition as another item on a “to-do” list is always rebutted by the stark reality of the health condition itself; and from the Federal agency’s perspective (or the Postal Service’s), the thought-process of “when will it go away” simply avoids the issue, and fails to address the problem of the conflict which arises.

Thus, the benefit of OPM Medical Retirement is there for the Federal or Postal employee, precisely to allow for those circumstances in which (A) the medical condition no longer allows the Federal or Postal employee to be able to perform all of the essential functions of one’s positional duties, (B) the medical condition will last a minimum of 12 months — not that one must wait for 12 months, but rather, that the prognosis by a doctor or medical provider is willing to state that the medical condition will, within reasonable medical probability, last for that long, and (C) accommodation of the medical condition is not possible, and reassignment to a position at the same pay or grade will not ameliorate the situation.

In the end, medical conditions defy the human attempt to treat it as merely another obstacle to overcome, or an irritant to set aside.  It is a condition of human existence which represents a trial for a linear life we attempt to manage, when in fact a change of course is often the remedy, and not the repetition of comfort found in the thoughtless quietude of habit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Insular Delusions

The advantages of holding one’s own counsel are multiple:  little internal strife; dictatorial rule; decision by fiat; complete control and dominance; no blame can accrue to others.  The downside, of course, are just as numerous:  no input from others; the limitation of new ideas, constrained by the perspective of one’s own thoughts and concerns; the fool’s impropriety of listening and following one’s own judgment; little to no brainstorming.

Judgement and decision-making by singular counsel has worked well in countries, corners and civilizations which respond subserviently to dominance and domineering.  But when the populace begins to realize that the emperor is not as wise as once thought (or declared by fiat to be by the dictates of the royal palace, issued in blaring tones and trumpeted daily in printed leaflets used by the peasantry for bookmarks and beddings), then the rumblings of a hunger beyond mere need and wants begins to pervade.

Insular delusions occur because the holding of one’s own counsel ultimately results in a circularity of logic and judgment, and unless new and fresh perspectives are allowed in, self-immolation is the resulting loss of vigor and vitality.  Further, when a deteriorating force begins to gnaw away, such as an unexpected medical condition, then sound judgment and rational perspectives give way to exaggerated and exponential quantification of fear and paranoia.

For Federal employees and U.S. Postal workers who need to file 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 decision-making process should always include counsel outside, above, beyond, and objectively-attained, in making decisions about one’s future and security from the ravages pending by one’s agency or the U.S. Postal Service.

Federal Disability Retirement is not just about securing one’s future; it is, moreover, a matter of establishing a capacity of reaffirming one’s potential in becoming employed, without penalty, beyond the Federal sector; of making sure that one’s accrued Federal time in-service is not for nothing; and to ensure that one’s rights have been protected in order to move forward into the future.

Insular delusions occur when an individual retains the sole counsel of one’s own accumulated wisdom; but as wisdom is not merely the aggregate of one’s own opinions and perspective, the delusions which follow are like the windmills of old where knighted grandeur resulted in the myth of Sisyphus, where the toil of rolling a boulder up the hill of agony left one depleted in the soul of the absurd.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Life’s Work

There is, then, the job or career we undertake (the distinction between the two is often lost, and depends in large part upon a multiplicity of factors, including length of commitment, opportunity within a given field for growth and advancement; whether any qualifications, certifications or professional degrees are required, etc.); and then, the conditions and context of participating in a greater culture of our choosing, including where we live, with whom we live, what social circles we expand into; as well as how we interact with the extended community surrounding us, and whether we even decide to abide by the rules, laws and limitations imposed by society.

The former constitutes the work we engage during our lifetimes; the latter, the macro-aspect of the work generally confronted during a lifetime.  We often confuse the two.  The conundrum and internal turmoil comes about because so much of the latter often depends upon the success of the former.  Without the wealth amassed through the work of labor, we become limited in the choices we have in the work of living; thus do some choose a life of crime or cheating, as a means of shortcutting and supplementing the former for the latter.  And when the work of labor is cut short, or somehow interrupted, one realizes the impact upon the greater work of life, and must adjust accordingly.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s work or career, the choice to leave the Federal sector is a difficult one, and not just because of the financial considerations which reverberate upon the greater work of living.  Often, the choice to file 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, is paused for reflection, procrastination and further delay, because the two concentric circles of life have overlapped to such an exponential degree that one cannot easily be bifurcated from the other.

One’s work of labor involved the social circle; it intersected with the greater percentage of daily living; the meaning and teleological motivation was commingled; even some of the neighbors work in the same neighborhood, just down the street, in our town (yes, it is an unabashed reference to Thornton Wilder’s famous play), or perhaps even next door; so, how can I face a change from the work of labor, without confronting the greater vicissitude in the work of life? But then, there is that medical condition, and it is always the interrupting reality of the medical condition which must, by necessity, be focused upon.

Better to make decisions now, when one has the option to do so concerning the work of labor, lest the limitations are imposed by others, which then can have irreparable consequential reverberations upon the greater work of living.

Sincerely,

Robert R. McGill, Esquire