Permanent Disability Retirement from Federal Employment: Time for a Change

Often, the mind lags behind the body.  The body may have been indicating to you the need for some time; but “time” and “change” are conceptual paradigms which require thought — the mechanism of the mind which listens to the body.  Or, if one is beset with a psychiatric condition, what often happens is that one part of the brain becomes ill and cannot quite communicate to the other part of the brain which prompts the decision-making process.

Whatever the problem, there comes a time for a moment of realization — that it is time for a change.

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 position, the time for a change is now.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement, and listen to your body — or the part of your mind which screams for that change — and make the first move in responding to the need: Time for a Change.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal Employees: What the Attorney Can Do

If attorneys were gods, they would work themselves out of business; but attorneys are not gods; therefore, there is much that an attorney can do.  Such a syllogism may be rather self-evident.  Attorneys are not gods; neither are they miracle workers.  Not every issue can be handled by, or resolved through, an attorney.

Sometimes, the lay person can do the work him/herself without an attorney.  At other times, the input of an attorney, however minimal, can be the difference between success or failure.

Here are some of the things a Federal Disability Attorney can do in a Federal Disability Retirement case: Focus and sharpen a case; cut out the irrelevancies; cite and apply the law; make the legal arguments which are current and applicable; streamline a case and make it clear and pointed; rebut an opponent’s argument by pointing out logical inconsistencies and mistaken applications of the law; provide a strategy and plan; give an objective account of one’s case.

There are many other aspects of any given case that a Federal Disability Retirement Attorney can be helpful with, but these generalities can provide you with a notion of what a good and effective attorney can do.

Contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law and begin the process of putting together an effective Federal or Postal Disability Retirement application.

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

 

Disability Retirement for the Federal or Postal Employee: Character Questions

Questioning one’s character occurs in multiple guises, by subtle and overt means, through self-reflection and conspiracies of consorts; one can question through self-reflection, when an intended result falls short of expectations; one can do it to others, when that which was promised was unfulfilled; or, we can do it out of sheer meanness, when rumors and unverifiable gossip can eat away at the fabric of one’s unprotected persona and self-image.

The offense of questioning one’s character is grave, indeed, and the responsiveness of reactionary rectitude is often tied to the sensitivity of one’s self-image, the reputation one holds within a given community, and the sense that one must maintain and control the opinions of others.  Indeed, in this world of Facebook and rampant, unconstrained and un-restrainable opinions thrown about throughout the ethereal universe of the Internet, the questioning of one’s character is something which must be responded to with a callous disregard.

For Federal employees and U.S. Postal workers who must contend with a hostile work environment when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the issue of character questioning falls to the forefront without notice, without warning, and without a capacity to quickly respond.  Suddenly,  those years and decades of dedicated service are open to questioning; what one did in the past counts for naught; what one is currently doing is discounted because it falls short of coworkers’ expectations because of the enormous contributions of the past, which now account for little; and what is anticipated for the future is set aside, as one becomes a nobody in a universe which only takes into account the present actions and current accolades.

The fact that a medical condition is the culprit of one’s diminished professional capacity means little; and as the agency rarely reveals any underlying capability for empathy, the choices become limited: filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is often the best and most viable option. Federal Disability Retirement is a means to an end:  the means requires that the Federal or Postal employee attains a level of security such that the medical condition itself can be the primary focus; the end is for the Federal or Postal employee to remain productive for the future, and to utilize the talents and as-yet-unrealized contributions to society for the many years to come.

Character questioning is a game of sorts, and one which empty souls and superficial artifices of valueless individuals engage in; the question itself should never involve a self-reflection of doubt based upon the invalid criticism of others, but the forthright confidence of the Federal or Postal employee who still has many years of valuable contributions left, in a society which screams for character.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Coming Year

Calendric rhythms constitute artificial attempts at becoming partnered with time; like the music to which the dancer dances, there is nothing uglier than being out of step with the aura of a beat.

Eternity of time marches in a continuum without notice or constraint; our bifurcated days are broken down into days, hours, minutes and fractions thereof, as ordered slices like slabs of beef prepared for delectable consumption.  But whether the artificial imposition of our subjective categories have an impact upon the rhythmic tone of a cold and impervious world, is gleaned in rare moments of sudden insights, when a tremor shakes the foundations of tranquility, and we are awakened from the slumber of our own inventions.

Medical conditions tend to do that.  Suddenly, priorities of life must be reordered, calendric impositions of tasks to be accomplished seem to pale in weight of sufficiency, and leisure activities no longer constitute a viable avenue of escape from the drudgery of daily monotony.  Medical conditions bring to the fore the importance of that which is the essence of relevance:  not possessions, not contraptions nor toys of distractions; but of human connections.

For Federal and Postal employees who put so much of their time, effort, lives and worth of energy into the performance of daily work, a medical condition that prevents one from performing the essential elements of one’s positional duties becomes a trauma of sorts, and a shifting of tectonic plates.  Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is an option one should take when once the notion of value, time, priorities and the interruption of calendric rhythms has been evaluated.

In the coming year, there will be moments of clarity and insight, when it becomes obvious that one’s body is attempting to convey a warning, or where the cognitive deluge of despair blares a clarion call for the quietude of yesteryear, when the chains of time were but a hollow echo whistling in the cavernous dark of unknown depths.  The coming year will tell when it is time to file for Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire