Attorney for Federal Disability Retirement Claims: The Whisper of Discontent

Seasons come and go; it is one of those ponderous “throw-away” lines that people utter without much thought, somewhat akin to the customary “hello, how are you” declarative that is stated without a pause as the speaker rushes quickly past without waiting for an answer.

Yes, and there are also winters of discontent — borrowed from the line in Shakespeare’s Richard III, and also, by happenstance, the title of the last novel by John Steinbeck; but more often, it is the whispers of discontent that prevail more pervasively, for “discontent” is not necessarily a lasting emotion, or even one that endures for a season; rather, it is whispered precisely because of its fluctuating characteristic.

We whisper it because we know that, like seasons and emotions, time may heal and further time will alter it; and others may whisper it because the fleeting nature of it may not stand the test of objectivity.  And when the whispers of discontent turn and become the louder shouts of adversity, we often failed to listen carefully and instead ignored the voices that forewarned of foreboding toils.

Medical conditions have a tendency to provide such preludes, as well.  One often knows well before a doctor tells us, whether and to what extent the chronicity and severity of the condition foretells; and whether and to what extent the impact upon one’s Federal or Postal career will be.

The law concerning Federal Disability Retirement requires that the medical condition must “last at least 12 months” — but that does not mean that one must endure a 12-month period of suffering before filing a Federal Disability Retirement application; rather, that the treating doctor or medical provider must provide a prognosis that the medical condition will last, at a minimum, that length of time.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the whisper of discontent comes about with the realization that the medical condition suffered is impacting upon one’s career by preventing the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Although seasons do indeed come and go, and there may well be winters of discontent, the Federal or Postal employee who hears one’s Federal Agency or the Postal Service whisper utterances of discontent, may deem it advisable to begin to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, before such whispers become a winter of discontent where the avalanche of a proposed removal becomes initiated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Applicant’s Statement

The SF 3112A is the focal point of it all; without it, the entirety of the Federal Disability Retirement application would be incomplete, inconsequential and insidiously irrelevant.  The U.S. Office of Personnel Management can make a decision on a Federal Disability Retirement application — theoretically — without full answers or incomplete answers of the “other” forms, such as the Checklist, or even the Supervisor’s Statement; but as for the SF 3112A, The Applicant’s Statement of Disability — well, there is no getting around the fact of its prominence, importance and position of significance and relevance.

The Applicant’s Statement of Disability puts everything in its proper perspective; it tells the narrative of one’s medical conditions; it provides (or, at least should) the nexus between one’s medical condition and the essential elements of one’s job, tasks, duties, positional requirements, etc., and gives a key and insight into the very foundation of the legal criteria for OPM to either grant or deny a Federal Disability Retirement application.  That being the case, why would a Federal or Postal employee leave such an important component as the content and substance of an SF 3112A up to one’s own self?

The person who suffers from the medical condition can hardly be the one to properly, adequately or completely describe the key components of one’s medical condition and its impact upon one’s positional duties; for, the one who suffers by definition is the very.same person who is divorced from having an objective perspective.

Remember, always, that Federal Disability Retirement is a medically-based administrative procedure — one which must encompass and encapsulate the objectivity of medical documentation, the meeting of a legal criteria that has evolved over many decades, and an aggregation of the two combined in order to persuade the U.S. Office of Personnel Management that the compendium of one’s documented evidentiary findings rises to the level of a preponderance of the evidence presented in a coherent manner to the U.S. Office of Personnel Management.

Does such an endeavor appear consistent with the Federal or Postal employee who is too sick to work the essential elements of one’s job?

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Counting the days

Do we count the days when vacations lapse within the final hours and minutes, when in the beginning sunsets were timeless moments of restful hours yet to come?  What anticipation of worry-less days, and of looking forward to sleeping in, letting one’s guard down and the muscles relaxing from the tensions of anxiety-filled build-ups: No emails (at least for a few days, maybe…until the thought begins to intrude, then grow, then overwhelm, of the accumulation of those hundreds sitting there waiting…waiting…), no phone calls, no need for the greatest necessity in modernity — the ability and capacity to multitask.

The days began with lazy hours and hazy minds; of the sleepiness still caught between eyelids barely opened, and thoughts of the rat-race still barely behind.  It takes days just to unwind, and just when you begin to relax, it dawns on you that you are already counting the days when summer is over, the kids are back to school, and even the commercials on television are already pushing to get those supplies that are blaring with fanfare of sales and super-sales.

Do lions in the wild count the days?  Do the salmon as they fight to go upstream relinquish the solitude of mindless numbers?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition forces one to count not just the days when vacation is at hand, but every hour, every day, every week because survival to the end of the week is the mode of existence, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, counting the days is nothing but a clear indication that the numbered days are shrinking exponentially, and lost with the sequence of each count is the unalterable truth that days counted are days lost, especially when one’s health is at stake.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Monday’s Startle

There is not much that needs to be said about Mondays.  The standard response to, “So, how is your day going?” is quickly understood with the response of, “It’s Monday”.  What is it about the first work-day of the week that brings about the startle of life?  Is that why the traditional week’s cycle begins from Sunday-to-Saturday, because we want to avoid the memory of a week beginning so disastrously?

Do we dread work so much that it becomes a self-fulfilling prophecy, where the expectation of the day following the day off becomes so anticipated with angst and considerations of impending disasters, that what we come to expect we impose our will upon the universe such that reality follows our fears and imagination?  Or, is it that there is an across-the-board truce that comes about without a word of acknowledgment — shortly after the close of business on Friday afternoon — when everyone heaves a sigh of relief, goes into the weekend, and everyone follows the protocol of no longer bothering one another?

How did we come to that unspoken rule — you know, the one where emails suddenly become reduced in volume (except by those with OCD who increase the length and number because of the unresponsiveness of the previously-sent dozen or so), phone calls are put on hold and the furious activity of keyboard punching and looking about anxiously at the clock-that-never-moves — where suddenly a peaceful calm descends like a spirit from on high above the clouds, the white flag of a temporary truce is reached without anyone saying a word, week after week, month after month, year in and year out?

It is reported that such unspoken occurrences were common during every war — our own Civil War, the two World Wars (but not in the more recent ones in Southeast Asia and the Middle East), where ceasefires were embraced around Holy Holidays and some Sundays without any need for negotiated settlements, but with merely a wave and a smile.

Then, Monday’s startle comes with a roar.  Whether because it remains such a contrast against the quietude of the day before, or merely the release of pent-up energy allowed to aggregate over the 2 days of respite and restoration, one may never quite comprehend.

For the Federal employee or Postal worker who suffers from a medical condition which necessitates 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, Monday’s startle is often a chronic condition because of the inability to escape from the anxiety of the medical condition itself over the weekend, Holidays or summer months.

Monday’s startle can be survived, for the most part, precisely because of Saturday’s respite and Sunday’s quietude; but when every day of the week and weekend results in the same angst as Monday’s startle, it is likely time to consider filing for Federal Disability Retirement in order to focus upon one’s health, lest Monday’s startle turns into an endless stream of red flags replacing the white ones of truce where such flags are warning signs of an impending condition that only gets worse.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer for Federal Disability Retirement Claims: Games

How do we learn how to play them?  If we play Game-X, must we follow “all” of the rules ordinarily known and ascribed in order for Game-X to still be recognizable as such, or does it become “Modified Game-X”.

If little Toby plays his first game, but doesn’t know the rules, yet nevertheless realizes that games are “fun” because everyone else is smiling and seemingly excited, does the fact that the kid-who-knows-no-rules plays without knowing the limits and boundaries of the game make him into a participant, or a pariah?  Of course, if he stamps his feet in the middle of the game and declares that he doesn’t like the game, and walks off (even taking with him the proverbial ball), can we declare him to be a poor sport, an okay-sport, or any sport at all if he never knew the rules of the game in the first place and therefore never quite played the “real” game?

How about dogs — do they “play” games?  The dog that chases the ball but doesn’t want to bring it back to the ball-thrower, and instead runs away with it — has he broken the “rules of the game”?  How is it that dogs play games with their masters without ever being able to explain what the parameters of the rules are?

Then, of course, there is the slight modification in the term “games”, as in “games that people play”.  We all know what that means — of being insincere, fake, or otherwise putting on a double-face.  Why is that called a “game”?  Is it because it is not real, and constitutes a copy of “make-believe”, much like playing a game when we all know that it is not reality that is being rehearsed; and yet, isn’t playing a game — any game — just a part of the reality of the world we live in?  Why, then, is life bifurcated between “games” and “reality”, when in fact both are real in the sense that we are living a life of surviving, making a living, etc.?  Yet, we constantly distinguish between “playing” and “living”, as if there is a difference to be identified.

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 any longer performing all of the essential elements of the Federal or Postal worker’s job, career or craft, the preparations needed to come to a point of realizing that an effective Federal Disability Retirement application must be filed, often requires a recognition that the proverbial “game” is “up”.

Whether the Supervisors and Managers at the Federal Agency or the Postal Facility are up to their usual “games” or not — of harassment, derisive comments, making your life “hell” by increasing the levels of pressure or stress, is really besides the point.  What matters is that life itself is not a “game” at all, and those who separate games from the daily living activities don’t really “get it”.

Medical conditions bring to the forefront the reality of living, and the harshness of how people treat other people.  Yes, preparing 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, may seem like just one of those other “games” that have to be “played” — but the reality is that an effective OPM Disability Retirement application is a necessary part of life’s many facets of games and reality-based endeavors, such that the “rules of the game” always need to be consulted in order to “play” it well, and thus the first step is to learn the rules by consulting with an attorney who can advise on the rules themselves.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The rabbits we chase

The rabbits we chase are the ones that reveal not so much about our preferences, but more about who we are and the priorities we place.  For, as one walks about in life, whether in suburban neighborhoods where rabbits abound because no one shoots them for meals, anymore, and so they can multiply without natural restrictions for lack of predators, the fact that there are other things to pursue — but instead we choose the rabbit — tells others something about you.

Of course, it is the proverbial rabbit we speak about — of work at all cost, of refusing to concede that which is quite obvious to everyone else.

Much of real rabbit hunting, of course, is done by knowledge and pure observation — of how the animal reacts; in scurrying away, what route does it take?  What avoidance tactics are engaged?  In suburbia, you can no longer shoot a rabbit within the confines of the city limits, but there is no law that prevents you from doing what the American Indians were so good at — chasing one down, swooping with a strong arm and grabbing those pointed ears, all for a good lunchtime meal.

But of the other “rabbits” we pursue — of careers at the cost of our health, of tangential distractions that ultimately provide no foundational meaning in determining the destiny of sanctified thoughts and goals.

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, chasing rabbits is a familiar refrain — not because it is being done in various acts of futility, but because the rabbit itself is not just any ordinary rabbit, and doesn’t follow the standard paradigm of “rabbit-hood”.

For, it becomes clear that the very nature of the rabbit has changed — the Agency no longer recognizes that your years of toil and loyalty should mean anything; coworkers whisper and spread gossip; the level of productivity is declining; you are using “too much” Sick Leave or LWOP; the rabbit you are chasing doesn’t quite act in the same way, and you begin to wonder, Is it even worth pursuing?

Federal Disability Retirement is a benefit that is there for the Federal or Postal employee who has finally come to the realization that not every rabbit is worth pursuing, and not every rabbit leads to a satisfying meal.  Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is likely the next best step in catching the rabbit of choice.  Now, for which rabbit hole to jump into …

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The price of status quo

Everything has a price, whether in terms of monetized payments or through labor, effort, worry and loss of peaceful interludes.  What expansive periods of our lives do we engage and assign to “wasted” time that must be discarded, forgotten and left beside?  What is the price we pay to maintain the status quo, even though we know that such clinging to a lack of change is merely extending the wastefulness of our own making?

Change is something that most of us resist.  Yes, we hear of, read about, or otherwise are told about “venture capitalists” or gamblers who throw the dice on everything — their future, their stability, their own sense of worth, whether net or paid for in dreams lost; of how you cannot know success until you first experience the bitter taste of failure, and how the most successful of men and women in the world failed miserable many times over until that moment of victory and triumph.

The ordinary human being, however, is either unwilling to, or otherwise unmotivated in any path towards self-destruction, or the potential for such disastrous outcomes whether real, dreamed, imagined or feared.  The fact is that there is always a price to pay whether or not one acts affirmatively, or doesn’t act at all.

The former places the burden of identifiable responsibility squarely upon the proverbial shoulders of the acting agent; the latter — of “sitting tight”, not doing anything, and remaining the perennial benchwarmer who merely watches and observes as the world passes by — can always defer any personal responsibility and counter that it was “circumstances beyond my control” or that “fate had its rueful day”, or other such indifferences of neutrality.

The reality, however, is that the price of status quo is often just as expensive as that of affirmatively acting; we just fail to see it by conveniently engaging in language games that avoid such recognition of such consequences resulting from inaction.

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, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best alternative to paying the continuing price of status quo.  What cost?

Well — the enduring of the medical condition; the constant harassment at work; the increasing pressure of disciplinary procedures; and much more, besides.  That is the price of status quo.  And of affirmatively moving forward with a Federal Disability Retirement application?  It, too, must pay a steep price — of engaging a complex administrative and legal process; of facing the chance of a denial from the U.S. Office of Personnel Management; of entering into a surreal universe of bureaucratic morass.

But everything has a price to pay — whether of status quo or of affirmative movement; it is up to the Federal or Postal employee as to whether the end-product is worth that price.

Sincerely,

Robert R. McGill, Esquire