OPM Disability Retirement under FERS: The Plan for Tomorrow

It is often the single most important remedy for a sense of hopelessness; for, with it, one is armed with a map, a guide, a sense of direction.  Perhaps there is not one for the day after, or a year hence, and maybe not even for the next hour; but the plan for tomorrow is what motivates us, gives us a perspective and a context, and a measure of whether there is hope for the future.

It can be something insignificant as viewed by others, and perhaps even irrelevant by most; of doing X or going to Y; perhaps, of accomplishing something relatively unimportant or visiting someone or someplace; yet, without it, life becomes an empty void, a chasm of meaninglessness and a hole in one’s heart measured not by surface diameter but by the depth of an unreachable goal.

The plan for tomorrow takes care of the anxiety of today; it paints over the marred wall and the unvarnished surface; and it provides a glimmer of light in an otherwise darkened and terror-filled universe.

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 all of the essential elements of one’s Federal job, the plan for tomorrow is to remain healthy, stay upon the road towards recuperation and limit the stresses of the day.

It should likely include consulting with an OPM Retirement Attorney who specializes in OPM Disability Retirement Law.  Now, that is the true plan for tomorrow — to get the advice of an attorney who will prepare, formulate and file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: The Wall

Everyone hits it; whether in writing, in speaking; whether of a career or in a marriage; and whether in a metaphorical sense, or a true feeling that simply cannot be avoided.  Walls are structures that stop, contain, prevent or present an obstacle.  The question is: What do we do about it?  Do we simply stop, turn around and go back to whence we came?  Do we sit at the foot of the wall and merely groan incessantly, hoping that time will crumble the materials of stoppage and somehow it will all just go away?  Or do we attempt to do something — cut a hole through it, climb over it, try and find an alternate route around it?

How we solve problems; what tools we bring to the fore; the manner in which we attempt to tackle life’s conundrums; these are the mark of a successful approach to each and every wall built as an obstacle to the pathways that are presented to us in life.

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 walls are many: First, there is the wall of the medical condition itself; then, there is often the wall of the Federal Agency or the Postal Service who cares not about the medical condition, but only that the work is accomplished and completed.  Then, there is the “wall” of the U.S. Office of Personnel Management — the very agency which will decide the Federal or Postal employee’s Federal Disability Retirement application.

Consult with an OPM Disability attorney who specializes in Federal Disability Retirement Law, lest the wall of denial that is potentially looming prevents you from moving beyond your medical condition and your inability to perform you job duties.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The “rush” job

There is a difference, of course, between a “rush” job and a “sloppy” one; and while the two can be one and the same, there are circumstances where the former is necessary but does not necessarily have to result in the latter.

Procrastination is often the harbinger of sloppiness, and having to “rush” at the last minute is normally a natural and inevitable consequence of it.  Most events, issues and problems arising in life are never real emergencies; we make of them so because we allow them to fester and grow, like those molds left in petri dishes once reserved for science experiments that become fodder for science fiction novellas.

Medical conditions have a way of adding to complexities and delaying circumstances otherwise traveling on a normal course of events; things just tend to “pile up” like dishes first left in the sink, then another few, until suddenly one realizes that the stack that began with a single unwashed plate is now a tottering semblance of the Leaning Tower of Pisa, and another emergency to attend to.

Suddenly, everything needs to be done yesterday; and what was once something that needed to be done sometime in the obscure future, demands attention today, yesterday and the day before that.  What one does not know, or is not aware of, of course, is often ignored, and deliciously cast aside — for ignorance is bliss and not recognizing what is slowly evolving in the dark corners of the unreachable abyss, though harmful, is better left unknown.  Or so we think.  Wrongly, as it turns out.

Like medical conditions left undiagnosed, we go through life happily ignorant; or like actions of a Federal Agency while the Federal or Postal employee is taking too much time off to go to medical appointments or trying to get better — is it better not to know what supervisors and managers are discussing behind one’s back?

For Federal employees and U.S. Postal workers who have waited and waited, hoping that one’s medical condition will get better, will somewhat improve, or otherwise disappear altogether, and who have now exhausted all SL, AL and the patience of the Agency or Postal Facility in taking LWOP, perhaps a PIP is in sight, or the “end” is nigh and an adversarial action is “in the works”; or, perhaps none of that is but a faraway matter to be concerned with.

Whatever the circumstances, life brings about emergencies, and maybe even triggers a “rush” job; but always remember that the end-focus is to prepare, formulate and file an effective and persuasive 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, and the “rush” job that is suddenly an emergency needs to be tempered by excellence, lest sloppiness hinders the efficacy of rushing that which is important for one’s future.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: The approximation

How do we learn to approximate?  Or, more approximately, how do we learn when it is appropriate (or inappropriate) to approximate?

When and how did we learn that there is a distinction with a difference between an engineer constructing a tall building and a chef adding a few more spices than what the recipe calls for — that consequences derived from the difference between approximation and precision make a world of difference?  Or even the amateur chef in mistaking a sprinkle of salt for a cupful, or of a judge in the Olympics who shrugs his or her shoulders and says, “close enough”, when the difference between a fraction of a second or an approximation thereof means the awarding of a gold, silver or bronze medal?

How close is the enemy?  Approximately a mile or so away, give or take a few hundred yards…could mean the difference between victory or defeat.

How old is the earth?  Multi-billions of years, give or take a few, or count the genealogy of religious texts and multiply them accordingly.  Any consequences for believing one paradigm over another, and aren’t both merely approximations, anyway?  How precise can a science be when the claim is made that X is 500 billions years old?  Could it not be 499 or 498 billion years old, instead?  In terms of percentages of being “off”, it is minor; but in gross numbers, a billion here or a billion there could mean quite a difference; just look at the investors of Facebook who recently lost a good portion of their portfolio.

Approximations are fine, but they need to be tempered by conditions and circumstances, and 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 employee from performing one or more of the essential elements of one’s Federal or Postal job, to “approximate” where precision is required may not be the best approach in putting together one’s Federal Disability Retirement application.

Of course, “the law” is never a precise endeavor, and cannot come close to requiring an engineer’s reliance upon mathematical calculations nor even of an architect’s blueprint for constructing an archway.

However, precision of legal argumentation; proper wording of medical narratives; careful positing of legal citations — these are all approximations which, in their aggregate, accord a greater precision in preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management in enhancing the greater chance of an approval for each stage of the process, as it is precisely the greater approximation of precision that allows for lessening the imprecision of that which comes closest to the approximation of a science in a non-scientific discipline.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Retirement for Mental or Physical Incapacity: Expunging the negative

If all negative words were expunged from the universe, would we hold only positive thoughts?  Or, is there an inherent, innate need to recognize and state the negative, regardless?

If you are sitting in your office and a lion walks in, pounces upon your least-favorite supervisor and devours him whole, do you turn to your colleague and calmly say, “He lived a very good life.”  For, in such a universe, expunging the negative has been already accomplished, and such statements as, “Oh, what a horrible thing to have happened!” is no longer allowable, and the law has forbidden such discourse of linguistic negativity.  Is it possible?

Does conceptual thought depend upon individual language, vocabulary and grammar?  Are there tribes and communities where there exists no language that elicits anything but the positive?  What if there was no word for describing an idiot, or a mean, unpleasant person; would we break the new law and immediately recreate such words and refill our empty prescription such that expunging the negative, or any attempt thereof, becomes an activity of futility and exercise of frustration?  Do conceptual constructs exist without words to describe them, or do words and language games impose upon us a reality that would not otherwise exist?

Thus, if a person does something “mean”, and is caught doing it, but we have no vocabulary to describe, confront, or otherwise accuse the person of the wrongdoing, would a shrill scream or a primordial groan be sufficient, or would we have to “invent” a word for the indescribable event?  Or, would the counterintuitive alternative be the case: The event, not having a word to describe it, and thus there would exist no such conceptual construct, therefore means that it does not exist, and thus is not “wrong” because there is no vocabulary or language game to identify it.

Whatever one’s belief on the matter, expunging the negative requires, at a minimum, a deliberative intent to “remain positive”.  That is often easier said than done, especially if you are a Federal employee or U.S. Postal worker who suffers 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 your Federal or Postal job.  You can certainly attempt to expunge the negative, but the reality is that the underlying medical condition, the harassment at work and the adversarial, hostile atmosphere will continue to exist.

Taking a “real” step – like filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset – is likely a more “realistic” approach, as opposed to relying upon expunging the negative and failing to see the emperor without his clothes.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Those spaces in between

Between each word; separating being from nothingness; that which allows for something is contingent upon the void that distinguishes, and without the lack there can be no substance.  Time doesn’t exist without space for movement of bodies of mass; such stillness echoes the lack of reverberating sounds, where waves bounce from one object to the next, and where Oneness of universe means that the clock no longer matters.  Of life, we imagine the same: there are interludes, but we tend to skip the pain and sorrow between the covers of hidden privacy.

Thus do we abide by the antiseptic, sterilized version of our scripted thoughts within ourselves:  birth; a relatively uneventful childhood; completion of educational goals; a career; retirement; and, despite a last gasp in attempting to defy the rules of mortality, death and a funeral projected where weeping and wailing echoes through the indignities of relatives uncaring during the days of living, with sweet revenge of the last laugh leaving behind the mystery of the beyond.

But what of those spaces in between?

Of chronic medical conditions; of pain beyond mere superficial groans; of hospitalizations, having tubes inserted into every imaginable orifice and pricked, prodded and pummeled with tests and artificial means for purposes of extending breath, heartbeat and pulse.

Only in recent times have we breached the decorum of unspoken sensitivities, and allowed for scenes in movies to reveal private functions behind bathroom doors beyond brushing one’s teeth or combing the hair over that bald spot – not that the audience necessarily needs to view such scenes, but somehow, such depictions apparently manifest the avant-garde in each of us and reveals the sophistication we all sought, like days of old when smoking cigarettes with those ridiculously long-looking holders was the trend to follow, merely because someone else did it, and we were told that such was the fashion of the day and represented the height of elegance in posture.

It is, at least in movies, those spaces in between that the characters presumably go to the bathroom, end up in the hospital and suffer in quiet agony; we just don’t see much, or any, of it, except in recent times.  And so we are filling those spaces in between; not merely with more punctuations, or hyphenations unnecessary but to bridge the gap between words and concepts, but in real life as well, by recognizing that life rarely follows a clean sequence of uninterrupted successions of advancement and teleological awareness, but often has detours, hiccups and sometimes valleys beyond which no one else would want to venture.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, those spaces in between are already known and recognized.  For, the medical condition itself constitutes the empty pauses between many of life’s successes, and the challenges faced in deciding to end a career otherwise fruitful and productive, to be now replaced with a fight against the U.S. Office of Personnel Management to force them to acknowledge eligibility and entitlement to Federal Disability Retirement benefits, is itself the “filling in” of those very spaces we all must face, in between.

Sincerely,

Robert R. McGill, Esquire