FERS Disability Retirement Law: The Gist of Life

The gist of life is similar to the grist of life: They both stem from the same question — what is the “essence” of X?

So, when a person comes in late to a conference, he or she asks the natural question, “So, give me the gist of what has been discussed before I arrived.”  Meaning, thereby, that a short synopsis of the “essence” of what has been discussed — i.e., the meat, the substance, the main points, etc., of the meeting.

Often, when watching a movie, reading a novel, coming into the middle of a conversation, and many other forms and formats, besides, a person can quickly get the gist of what is being discussed, what the movie is about, how the novel is progressing, etc.  Most people have a need and desire to comprehend the gist of what has been encountered.  While peripheral details are often important, unless one has understood the gist of whatever is being viewed, there is a sense of unease which develops.

That’s why husbands turn to their wives in exasperation with the pointed question, “But what is the point of it?”  For children, however, it is often the peripheral things which are most important — not whether the story has any central meaning, but the funny way in which Dad reads it; not in whether you come out clean from a bathtub, but whether there are enough soapsuds with colorful reflections; and not whether you have perfectly picked up after yourself, but to be praised for how you tried your best, etc.

We often forget that.  For, the gist of life when we grow older has more to do with how we conducted ourselves, and less with how successfully others view us.  Then, when a medical condition hits us, we realize truly what the gist of life is all about — not how many hours we worked, but which meals we missed with our kids.

For Federal employees and U.S. Postal workers who suffer from a medical condition and where the medical condition impacts the careers of the Federal or Postal worker, contemplation of initiating an effective Federal Disability Retirement application under the FERS system becomes the gist of what needs to be done.  The gist of life, suddenly, is that which was always taken for granted and never thought about — one’s health.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider the gist of life — of one’s health, to begin with.

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.

 

Office of Personnel Management (OPM) Disability Retirement Benefits: What I Missed

Often, it is now known until it is too late.  “What I missed”, or failed to do, or did too much of — said too much, gave too much information, etc., all comes under the general headline of, What I missed.  Of course, in some disciplines, that “missing piece” could be critical — as in a missing bolt or structural beam in building a house, a building, a highway overpass, etc.

In Administrative Law, as in preparing, formulating and filing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management, “what I missed” could result in a denial of one’s Federal Disability Retirement application with OPM.

Fortunately, there are additional opportunities to correct what I missed, both at the Reconsideration stage of the process and, if necessary, before an Administrative Law Judge at the U.S. Merit Systems Protection Board.

“What I missed” can often be prevented by having a lawyer who specializes in Federal Disability Retirement Law, but even then, just understand that while most mistakes are correctible, the one mistake that is difficult to repair is to put blinders on OPM once they have seen something.

Contact a disability lawyer who specializes in Federal Disability Retirement Law, and preempt that agonizing feeling that occurs when you submit a Federal Disability Retirement application under FERS with OPM on the uneasy feeling of “What I Missed”.

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 Employee Disability Retirement: Peace of Mind

It is a wonder how information is restricted or fails to be disseminated.  Of course, like all insurance policies, one is never interested in the details of an insurance policy unless and until it is needed.  Insurance is often likened to “peace of mind” — and that is how it is packaged and sold.

You purchase insurance not only because it is required (such as auto and home), but because of the fear of the “What if” scenario: What if I die before my children have grown up? (life insurance).  What if someone gets injured on my property? (umbrella insurance).  What if I become disabled and am unable to work? (Disability Insurance).

Yes, there are private policies, as well, but fortunately 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, there is the added benefit of Federal Disability Retirement.

You may not need to access it for now, and for that, it provides a “peace of mind” until and unless it becomes necessary.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Postal & Federal Employee Disability Retirement: The Theme

Every story has a theme.  It is the topic, the “subject”, or just an idea — that recurs throughout the narrative.  For David Copperfield, perhaps it was the constant struggle between ignorance and knowledge; for Salinger’s Catcher in the Rye, maybe the phoniness of the life we lead in contrast to the author’s personally horrific experiences during WWII.

Every person’s life has a them; most of us, unfortunately, fail to recognize it, and it is this very failure which often leads to the repeated mistakes made throughout.

The story of one’s Federal Disability Retirement application should have a theme — one which is woven throughout one’s narrative in a Federal Disability Retirement application, especially in the Applicant’s Statement of Disability as delineated on SF 3112A.  Beset with dealing with the medical issues themselves, the Federal or Postal worker will often fail to recognize the theme — perhaps it is one of constant struggle for the past year; or, the progressive deteriorating as reflected in the medical notations here and there.

Whatever the theme of one’s story, a FERS expert in Federal Disability Retirement Law will be able to squeeze from the quietude of one’s story, the theme which overrides and pervades throughout.  Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin to formulate your theme which will persuade OPM of the validity, poignancy and necessity of your Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Delaying the Inevitable

In our “heart of hearts”, we already know.  Whether it is a broken relationship, an unrepairable mechanical device, the old air conditioning and heating system that has seen its last days — or of needing to file for Federal Disability Retirement benefits under FERS — we already know; and yet, we delay the inevitable.

Do miracles happen?  If we stop thinking about it, will the problem just somehow go away?  Out of sight, out of mind?  Human beings have that capacity, don’t we?

Whether it is beyond the next mountain, sometime after Labor Day, maybe in the New Year — or “sometime next week” where next week is always the week after; whatever the timeframe we allow for the delaying of the inevitable, we focus upon a hope which surely must someday encounter the reality of our circumstances.  The inevitable is just that — a reality which we must face; but the delay allows for an interlude and self-delusion to procrastinate the encounter with reality.

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, delaying the inevitable — of needing to file for Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management — is often engaged in because of the great hassle in facing a dominant and dominating Federal bureaucracy.

Contact a FERS Disability Attorney who deals with OPM on a daily — nay, hourly — basis, and leave the inevitable to an experienced lawyer in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Deterioration

It is a process; a cellular degeneration that time inevitably forces; and the word itself evokes images of rusting old cars in junk heaps hidden behind high walls of metal fences where usefulness has long been abandoned.  The deterioration of the human body is a progressive process of inevitability, and while we fight in futile efforts to slow it down, much of our efforts are merely cosmetic and have little or no impact upon the underlying progress of the cellular breakdown.

We can eat healthily; maintain good posture; take supplements and vitamins; exercise; stretch; attempt to restrict activities which may be harmful, etc.  Yet, and nevertheless, the deterioration of the human body persists despite all such efforts to employ tactics to reverse the normal course of human destiny.

The workplace — and certain types of jobs — certainly contribute to the deterioration of both the human body as well as the psyche.  Even in this day and age, we perhaps dismiss the psychiatric deterioration as opposed to the bodily degeneration, minimizing the impact of stress upon one’s mental health.  In the end, however, deterioration can apply to both physical as well as cognitive health.

For Federal employees and Postal workers who suffer from either physical or mental deterioration, and where the Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal job, such deterioration may require filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with an OPM Disability Lawyer who specializes in FERS Disability Retirement Law, and see whether the extent of your physical or mental deterioration qualifies for Federal OPM Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: The Grammar of Life

How we speak about the world; the words we use, the vocabulary inserted; and of the commas, hyphens and semicolons inserted; are they merely contained within the language games engaged, or are they reflective of a greater whole within aworld that views reality through the lens of language? Does what we say, how we speak, the words we choose and the accent intoned make a difference – and, if so, how, to whom and to what extent?

Certainly, it shapes how “others” see us, but what of our own self-image and the role we play in the everyday discourse of life?  When we refer to the “grammar of life”, the connotations and insinuations are endless; for, in this age of modernity, where most of us rarely encounter the objective world – except when crossing streets, sitting down for a meal or engaging in private acts otherwise unseen and unheard – but remain within the various “language games” of discourse, thoughts, self-reflection, analysis, contemplation and soliloquys.

Think about it; what amount of time is spent on reading, writing, responding to emails, getting on the computer, viewing, watching a movie, a video, discoursing with someone else, on our smartphones, texting, etc.?  In all such amalgamations of activities just described, we are merely engaging in the grammar of life – of the rules of speaking, emailing, texting, commenting, responding, initiating, etc.  The remainder – of actual engagement in the reality of this “objective” universe we must contend with – has become but a fragment of this surreal, virtual and insular world.

How much time have we spent on “perfecting” or otherwise becoming more skillful in maneuvering through the curves and pitches of this new reality?  Have we mastered the grammar of life, or are we just bumbling through the discourses as if reality is merely a byproduct and encountering the “world” is but a means to an end?

The Grammar of Life is important to recognize, because we spend a great deal more time in it than we recognize or admit to, and we were drawn into that alternative universe without any deliberative intent or acknowledgment of choice.

For Federal employees and U.S. Postal workers who are considering 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, you need to prepare to engage a “special” section of the Grammar of Life when coming up against your Federal Agency, the Postal Service and OPM, when preparing an effective OPM Disability Retirement packet.

For, in the end, it is the “ultimate” of putting together a compendium of language games – from how the medical reports and records are presented; to the legal arguments made; to the fashioning of the Applicant’s Statement of Disability on SF 3112A – all constitute and are comprised of the Grammar of Life, and if you have not been preparing throughout your life to take on such a challenge, it may be a good idea to consult with an attorney who has honed the skills of what to say, how to say it, and when to say it, which are the three essential rules in the Grammar of Life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: The Disadvantage of the I-Thou Perspective

People tend to expect the best results; and when a Federal or Postal employee files for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the applicant who is unrepresented and prepares, formulates and files the Federal Disability Retirement packet on his or her own believes that an approval is forthcoming at the First Stage of the Process.  Yet, often unaware and unbeknownst to the Federal or Postal applicant, the lack of separation between the I-Thou construct fails to provide a proper perspective of objectivity.

Allow me to expand and explain:  As the Federal or Postal employee who experiences the medical condition (the “I”) is the same person who prepares, formulates and files the Medical Retirement application (the “thou” from the perspective of the U.S. Office of Personnel Management), any sense of objectivity is often lost because the I and the Thou are one and the same person, and the Federal or Postal employee who experiences the medical condition is simultaneously the same one who is seeking an approval of the OPM Disability Retirement application.

Of course, that same scenario is repeated even if the application is filed through a Federal Disability lawyer (in the sense that the Federal or Postal employee still seeks to obtain an approval from OPM) with one major exception:  there is another “thou” perspective included and involved — that of the Federal lawyer representing the Federal or Postal employee who is seeking to have a Federal Disability Retirement application approved.

Objectivity is a crucial component of a Federal Disability Retirement application; that is why so many “silly” mistakes are injuriously embraced without self-knowledge or with disengaged awareness.  It is like the cook who loved the taste of arsenic, and thought that everyone else should as well; and so he sprinkled the deadly poison onto his own food and enjoyed the taste of his own creation, only to slowly die from the feed of his own foolishness.

There are many “kinds” in the arena of foolish endeavors:  There is the “quantitative approach” (“I sent them thousands of pages of treatment records”) which fails to ask the question, Who will read it all?  There is the “trusting soul”:  “I just signed a release and had them send it all directly to my Human Resource Office”.  Then, there is the person of naive disbelief:  “How could they not approve it with the medical conditions I suffer from?”

The problem with all of these is the lack of objective perspective; the I-Thou connection is now given the distance, separateness and objectivity necessary to determine the viability and effectiveness of each and every piece of the puzzle needed to put together a proper Federal Disability Retirement application.  Are there ever any guarantees in life?  No.  Can a lawyer who specializes in Federal Disability Retirement laws make a difference?  Yes.

Fortunately, unlike the metaphor arising from the cook and the salsa of arsenic, there are multiple stages within the administrative process of pursuing Federal Disability Retirement benefits through OPM, and a denial at the First Stage of the bureaucratic pathway is not irreversible, and does not result in the inertia of life rendered by ingestion of substances otherwise tasty but harmful.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Lose a Kite

It is that loss of innocence; of a childhood cut and let go, a bifurcation of sorts, where the fluttering tail fades into the misty distance of time past, eternity unfulfilled, and the present moment shattered by a loss not valued by economic standards, but by the negation of that which was, will never be again, and won’t be coming back. The loss of anything is valued by the attachment of human passion, the trembling fear of future consequences known and yet to be determined, and the expectation of a hope left as a residue of hard work and toil.

Do we remember that loss of a kite, at a critical moment in time when the champion of winds clapped and cheered as we controlled the destiny of an artifice so flimsy in manufactured quality and yet defying the aerodynamic laws of the greater universe?  Neither the Law of Newtonian physics nor the quantum theories compromising Einstein’s theoretical constructs could defy the persistence of levitational determination, coupled with a coil of thread in the stubby little hands of a child, with but a tug and a pull; and then, suddenly, it was gone.

Is not the future of an adult like that fleeting moment? What a qualitative difference a day may make; when once free of pain, then to experience the excruciating agony of debilitating onset; or where rationality and promise set the course for future happiness, only to be overwhelmed by fear, anxiety, depression and panic attacks. Life is tough; but when a medical condition intervenes and tears apart the very fabric of living, that compromised life becomes almost an unbearable mesh of a twisted cathartic of impenetrable jungles of psychological, physical and emotional turmoils. For many, there is no escape, and that snap of a thin reed which left the child’s hand empty of promise, is all that remains.

For Federal employees and U.S. Postal workers who have the minimum years of service under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the best — if not the only — recourse out of a madness undeterred. Federal Disability Retirement is a benefit accorded to all Federal and Postal employees as part of one’s compensation package, and allows a person to stop working, receive what amounts to a lifetime annuity, while accruing more years in building towards a final retirement converted from disability retirement to regular retirement at age 62; and all the while, to live upon that rehabilitative plateau in order to attend to one’s health and well-being.

For, when a Federal or Postal worker is no longer able to perform one or more of the essential elements of one’s job, the choices become stark and limited: To continue in pain and agony; to walk away with nothing to show for one’s efforts and toil; or to file for Federal Disability benefits.

It is like the child who once felt the pleasure of life through the flight of a kite, only to experience the tenuous reed of promise when the snap of the thread leaves the twirling object uncontrolled and uncontrollable, left to the nuances of turmoil and trauma; but to move on is to forge a different path, with the echoes of regret howling in the memories of our childhood consciousness, never to be regained but for a semblance of fated warmth.

Sincerely,

Robert R. McGill, Esquire