FERS Medical Disability from OPM: Goal Posts and Definitions

In modernity, we have taught our kids that rules don’t matter, that we can subvert, avert, avoid and appease; if you don’t like the goal post, dig it up and move it; or, if you don’t like the rules, change the definition.  No one complies, anymore.  We no longer say or have the attitude of: Okay, rules are rules, we have to obey them.

Instead, because we are a country of lawyers, where argumentation and logical conformity are not based upon unquestioned acceptance of normative rigidity, we say:  Why should X be defined as Y?  Why does a goalpost have to be situated within X-number of feet of the demarcation-line?  Let’s move the goal post; let’s change the definition; let’s perform linguistic gymnastics and open-language surgery upon rules, definitions and mandates we don’t agree with.

Where did that defiance against conformity come from?  From whence did it originate?  Was it because the Post-WWII generation and beyond decided that all punishments were cruel, that delayed-gratification was a sin, and everyone should get a prize for participation, and there should be no acknowledgement of “winners” as opposed to “losers”?

Fortunately, in some areas of life, goal posts must yet remain within the confines of the end zone, and definitions must remain somewhat unchangeable and static.

For example — in the arena of Federal Disability Retirement Law.  Yes, the U.S. Office of Personnel Management can often ignore “the law”; and yes, OPM can sometimes mis-state the regulations governing Federal Employee Disability Retirement Law.  But when they do, there is always the potential danger that if it gets to the Third Stage of the complex bureaucratic process, the Administrative Judge at the U.S. Merit Systems Protection Board will “correct” the error, the mis-statement, the mis-application, and right the wrong.

Additionally, it is a good idea to have a FERS Attorney who specializes in Federal Employee Disability Retirement Law throughout the retirement process, in order to make sure that OPM is not moving the goal post, and is not bending the definitions as delineated in statutory authority.

Contact a FERS Disability Attorney who specializes in Federal OPM Disability Retirement Law, and make sure that the goal posts are not being moved, and the definitions are not being compromised.

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.

 

FERS Disability Attorney Help: The Hammer or Screwdriver

They are two different tools or implements; of the latter, a connotation not of the tool itself, but the approach to take.  In grammar (do we even teach that in schools, anymore?), the term “implement” can be either a noun or a verb.  As a noun, it is a tool, utensil or other piece of equipment.  As a verb, it means to act upon a decision made or plan devised.  In either meaning, it is the application of X upon Y, as a tool to use or a decision to move forward upon.

As to the specific tools — the hammer or the screwdriver — the application of either depends upon the work to be done.  As metaphors, they denote differing approaches.  The way of the hammer is to pound whatever it is which needs to be driven in; the approach of the screwdriver is to slowly and methodically twist and turn the screw until it attaches and secures the two or more surfaces which previously remained separate and apart.  The manner and approach between the two differ considerably, but both in their completion manage to do the job required.

In Law, the two approaches require thought and planning.  The “hammer” approach, of pounding the law aggressively; the “screwdriver” way, of a quieter, more persuasive tone.  The choice between the two depends upon the circumstance, the audience, the goal and the plan.  For Federal Disability Retirement applicants, the manner and approach of applying the law is important.  What you say; how you say it; the hammer approach or the screwdriver manner — that is the province of an experienced lawyer.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and consider whether in preparing, formulating and filing an effective Federal or Postal Disability Retirement application under the Federal Employees’ Retirement System (FERS) with the U.S. Office of Personnel Management, you should use the hammer approach, or the screwdriver methodology.

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.

 

OPM Disability Retirement Law: The Compelling Reason

We have come to interpret such a concept as one which must rise above the mundane.  A “reason”, in isolation, is simply not enough; instead, it must be “compelling” — that break between a pause and a human action.

People act or remain dull and passive for all sorts of reasons, whether silly, valid, inappropriate or otherwise uninspiring; but when the words which form a basis for sudden action, where even the dullard is spurred into a frenzy of intensity otherwise resembling a sleeping dog on a rainy afternoon where even rabbits ignore its presence — then we know that the “reason” was indeed “compelling”.

Most words and concepts merely lead to other words and concepts; sometimes, they are related; at other times, whether by accident or by deliberation, a logical and causal connection may be recognized between conceptual spheres.  But it is the rare animal when an action results from a word — otherwise known as a reason.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition or injury prompts a call to a lawyer who is an OPM Federal Disability Retirement Lawyer, the “reason” which is “compelling” is quite obvious: The medical condition has come to a critical juncture such that the Federal or Postal worker is concerned enough to know that it has begun to impact the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s Federal or Postal job.

That is a good thing — to act upon the compelling reason and not let inertia become the prefatory basis of a reason otherwise unstated.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

OPM Disability Retirement under FERS: Other Places, Other Times

People study history for various reasons: the interest of other times, the peculiarity of other places — and yet the similarity of people no matter what the historical context.  Other places, other times, reveal to us the pattern of behaviors engaged in across time, cultures, historical contexts and prevailing dogmas which dominated a particular society, civilization or epoch of noted influence.  It gives us a perspective and, often for the good, a sense of knowledge that other places, other times are not too dissimilar from the one we are currently experiencing.

Do we repetitively make the same mistakes as generations past?  Likely.  Are we wont to repeat them in the future?  Yes.  Do we ever learn from our mistakes?  Unlikely.  Human beings, for the most part, do what they want to do, and then scramble to gather the justifying reasons for having done them.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing, formulating and filing for Federal Disability Retirement benefits under FERS, know that in other places and at other times, Federal and Postal employees have successful fought with the U.S. Office of Personnel Management and have won their Federal Disability Retirement benefits despite the unfair advantage which OPM holds over you.

Consult with a Federal Disability Retirement Lawyer and know that an experienced Federal Disability Retirement Lawyer has the experience that in many other places, at multiple other times, success has been achieved in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Is There Enough of Me?

Whether consciously or not, that is the question we ask of ourselves.  Is there enough of me?  Meaning: Is life worthwhile such that the “me” exists substantially to reach a level of happiness, contentment and joy?

The worker, the parent, the friend, the husband or wife — they are certainly part of every person’s role within society, but there is a separate, private “me” that is defined by the uniqueness of each individual.  Perhaps the “me” part of one’s personhood is in the joy of reading; or of other hobbies and leisure activities, like hunting or fishing, or playing a game of cards, writing a short story, playing basketball, breeding dogs or just sitting in front of a fireplace with one’s dog.

These, and many other activities comprise a list of “me-things” which make for living in a society worthwhile.  Is there enough of me?  What balance within life’s daily grind and busy-ness would satisfy that question?

When the balance between work, obligations, responsibilities, mundane chores and sleep is disrupted such that there is not enough of “me” to be had, there is often the untold consequences of despair and depressive despondency.  In Japan, there is a term for this — Karoshi.  It literally means, “death by overwork”.  It is a state of being where there is clearly not enough of “me” within the daily living and routine of a person.

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 job, the overwhelming nature of trying to balance work, personal life and the medical condition itself will present the ultimate dilemma: If work cannot be accomplished, how will there be enough of me?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a way of attempting to restore some balance in one’s life.  Consult with an Attorney who specializes in FERS Disability Retirement Law; for, in the end, a life where one’s medical condition consumes every aspect of daily living because work itself becomes a constant struggle, is one where, clearly, there is not enough of “me”.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

Attorney Representation Federal Disability Retirement: The Farmer’s market

They are now in most localities, in communities throughout, cropping up like a movement that pervades imperceptibly in quiet amalgamations like forces that cannot be seen but are still known to exist.

Farmer’s markets represent the strength of a community, the support of a town and the reverting-back of a city, to a time where local farmers were important and the packaged foods that come from foreign countries and line up on the shelves of corporate supermarkets are rebuffed by “buying local” and “supporting the local farmer”.

There was once a time, some many decades ago, when every town went to the corner butcher to get the day’s cut of meat; when farmers grew crops for one’s own family, and for the community within the bird’s eye-view from the door of one’s house; when traveling to the next largest city, or even crossing a state-line, was a big enough deal to give kisses and hugs.

Then, someone “thought big” and believed that refrigeration, transportation in mass quantities first across state lines, then from one side of the country to the other, then from across the great seas – that, from such a grand idea, hunger and starvation would be a problem solved, and profits would soar and the world as a whole would be a better place to occupy.

The pendulum of history always swings back, however, as the movement upon corporate structures was countered with “bigger is not better” and resulting in the idea that the “small” community, the “local” foods and the backyard gardener represented the healthier choice of living.

Somehow, there is a spectrum that always seems to prevail, that arises from within the innate need of human nature: of wanting to grow larger when there is smallness, and wanting to harken back to smallness when one has grown too large.  Yet, in most instances, a compromise of sorts must be accepted; for, once the spectrum has run to one extreme, it is nigh impossible to recapture that which was lost.

That is often the problem for the Federal employee or the U.S. Postal worker who has “grown” in one’s career, advanced, received all of the deserved accolades, etc.  To become “small” again is difficult to accept.  Yet, when a medical condition begins to prevail upon the Federal or Postal employee, and it becomes impossible to perform all of the essential elements of the positional duties of the Federal or Postal job, the necessity of consider a Federal Disability Retirement becomes an inevitability.

What stops or pauses the Federal or Postal employee from initiating a Federal Disability Retirement application?  Often, it is that same psychology of having to resort back to “being small” – of downsizing, of “giving up.”  But always remember that one must prioritize one’s life, and without one’s health, there is no life to enjoy.

In the end, the Farmer’s Market is the ideal most of us strive for – of smallness that is manageable, with a healthy side to it of knowing where the food comes from; and filing a Federal Disability Retirement application is similar to visiting the local Farmer’s Market, where the accomplishments of life’s gifts are found most in the small things we cherish.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS & CSRS: That child we remember

It is as if we hold, within the inner eye of one’s consciousness, a fading photograph of an innocent, pure child – that child we remember before…

Before what?

Perhaps, the breaking up of a romanticized recollection of an intact home; or a period of natural rebelliousness marking a distancing from the carefree hugs, kisses and unselfconscious holding of hands, when puberty becomes the demarcation point of silly alienation; or maybe just before simply entering into the world of cynicism and loss of innocence.

Afterwards, does it continue to provide a positive impact to carry about the mind’s eye a picture of that child we remember?

After what?

After a lifetime of human encounters reflecting the soil of evil, meanness, indelicate indifference and manipulative motives suspicious of unclean thoughts and insensitive undercurrent of capricious targeting.  In those instances, how does one remain pure and reflect the innocence of that child we remember, without becoming destroyed in the process and becoming a mirror image of that which we attempted to resist throughout our lives?  For, isn’t that the fight we strive throughout – of trying not to be like the uncaring parents who neglected, the failed relationships we tried and the backstabbing friendships that we discovered too late?

We try and harken back to that child we remember, knowing always that we will never quite ever recapture that moment forever lost, and simultaneously recognizing that it is not an achievable goal, and even something not necessarily desirable to attain.  Yet, in the subconscious of our private and compartmentalized souls, we always hold an image of that child we remember, and believe that somewhere in the essence of our very souls, there is that remnant of a spark that has survived the evil detritus of the world around us.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee or U.S. Postal worker from performing one or more of the essential elements of the Federal or Postal job, the realization that the end of a promising career may soon come to fruition will often recall that child we remember, if only because the uncertain future which looms ahead parallels the innocent fear that the child of yesteryear felt with trembling insecurity just before…

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, is the next step to protect one’s future before proceeding to the next stage of one’s life, and the process of enhancing one’s chances for a successful maneuver through the complex bureaucratic maze at OPM is best accomplished by consulting an experienced attorney who specializes in Federal Disability Retirement Law, and to help keep the flame alive of promises kept for that child we remember.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Usual Dialogue

Much of our daily dialogue is determined by rote repetition.  Discourse throughout a typical day need not be given much thought; breakfast routine; interaction with colleagues and coworkers; declarative statements which have been repeated hundreds of times, both by one’s own voice as well as by others; salutations which require merely an audible sound; and the sun sets upon another closure of human inertia.

Then, some dialogues awaken the soul.  A sudden discovery of infidelity (though, given the pervasive appearance of popular culture, that, too, is quite commonplace); a perpetrated criminal act; a discussion with one’s doctor concerning a medical condition.  Even the latter, of course, from the doctor’s viewpoint, can be quite commonplace.  But for the Federal employee and the U.S. Postal worker who has been pursuing one’s Federal or Postal career for years, decades, etc., the self-realization that a medical condition may end the financial security represented by one’s job, is a traumatic event in and of itself.

All options for the future must be considered; and the daily dialogue of rote routine must be cast aside.  This is not a time for niceties; it is an event for thoughtful action.  Preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an affirmative step which one must pursue aggressively.

The inertia of past repetition of life’s puzzlements; the frightening prospect of an uncertain future; these must all be cast aside, and the reality of facing a time of forced creativity must be fully engaged.  And then, of course, there is the added anxiety that the administrative specialists at OPM will view your own application for Federal Disability Retirement benefits as just another ho-hum event, one which is merely part of their usual dialogue.

It is up to the Applicant him/herself, in preparing, formulating and filing for Federal Disability Retirement benefits, to ensure that the Federal Disability Retirement application is cogent, clear, concise and convincing — in other words, not part of that daily dialogue of thoughtless repetition.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement (FERS & CSRS): Computational Intentionality

Presumptuous intentionality will lead to an assumption which ultimately undermines one’s own argument; and in every endeavor, a computational approach based upon a general algorithm of life’s experiences will often leave out key factors and essential elements.

The problem with one’s own medical condition is that the person who experiences it is one and the same as the person who must convey the experiential factor to others.  That is what is often termed an “epistemological privilege“, in that the subjectivity of the medical condition, the pain, the psychiatric disorder, the cognitive dysfunction, one’s inability to focus or concentrate, etc., is ultimately reserved to the confinement of the person relating the factors.

There are, of course, objective methodologies in determining the subjective experience, by testing, diagnostic applications, manifested physical symptoms, etc.; but pain and other self-experiential factors are, by their very definition, subjective in nature.  A computational intentionality will take the experience of one’s own pain, consider the length and volume of medical treatment and records amassed, and presume that the compendium of the whole will make for an effective OPM Disability Retirement application.

One hears it all the time: “Mine will not have a problem”; “I am sure you hear it all the time, but…”  What is heard “all the time” is not necessarily shouts from success; rather, the voices heard are more likely to be in response to dismay and disbelief, as it is a denial of a Federal Disability Retirement application which evokes the loudest sounds of discordant trumpets.

The information which is placed into a computer determines the quality of conclusions arrived at when a computational intentionality is formulated; what one does not know, and fails to include and assimilate, may in fact be the harmful error which defeats.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the compendium of evidence to be culled and calculated, then disseminated as an effective and persuasive presentation to the U.S. Office of Personnel Management, is not what standard government forms account for.  But that “forms” were the primary foundation of a Federal Disability Retirement, then all Federal Disability Retirements would be easily passed through.  But then again, if that were the case, Federal Disability Retirement would not be a benefit to be proven, but a right to be asserted.

Yes, Standard Forms are a “part” of the process, and so for FERS employees, SF 3107 and their sequential series must be included; for CSRS and CSRS-Offset employees, SF 2801 and their sequential series must accompany the Federal Disability Retirement packet; and for all Federal and Postal employees considering filing for Federal Disability Retirement benefits, SF 3112A, SF 3112B, SF 3112C, SF 3112D and SF 3112E must be filed as well.

But in the end, be fully cognizant that filing for Federal Disability Retirement benefits through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely based upon a computational intentionality of a mechanical nature; the “human element” is always pervasive and ever present, precisely because a medical condition itself is the ultimate revelation of the human condition, wrapped within the context of questions involving human frailty, empathy, sympathy, and the evocation of humanity within a universe of cold and mechanistic deliberations of silent computers.

And for those movie buffs, remember to pay homage to the HAL 9000.

Sincerely,

Robert R. McGill, Esquire