Federal Disability Retirement Law: Innocence & Wonder

The loss of the former results in the disappearance of the latter; for, it is the conditional existence of the former which allows for the latter.  The question in modernity is, Can a child even possess a modicum of innocence these days, in the midst of technological dissipation?  And if the answer is a fervent, “No”, then what chance is there of preserving that wide-eyed characteristic of Wonder — of curiosity compelled by a belief that there is value in the world to search for?

How often have we heard parents say something to the effect of, “I just want my kid to have some sort of childhood to enjoy,” or, “Let kids be kids.  They will grow up soon enough”?

In today’s world where pressures are so persistent to excel, to competitively grow up in order to have the greater advantage of material success, it is a wonder that children have any childhoods at all, as innocence has become equated to a disadvantageous naïveté and wonder a mere byproduct of ignorance.

For Federal employees and U.S. Postal Service workers who suffer from a health condition such that the health condition prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal or Postal job, the time for innocence and wonder has long passed; for, while you may once have had the experience of both, your medical condition combined with the way that your Agency or the Postal Service has treated you, has likely resulted in a more cynical perspective.

Don’t let that, however, prevent you from reaching the ultimate goal: Of obtaining a Federal Disability Retirement annuity under the FERS system from the U.S. Office of Personnel Management.  Contact a Federal Attorney who specializes in Federal Disability Retirement Law and return to a time where Innocence & Wonder may still be experienced.

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 Employees Retirement System (FERS) Disability Retirement: Against The Wall

It is variously described — an obstruction; an obstacle; but seen from the inside, it allows for privacy and protection.  Think about the story of the Three Little Pigs and the differing materials of construction, where the first two failed in implementing a secure-enough wall to withstand the forces of the wolf’s cunning attacks.

In every phase of life, we encounter them; how we view them, what we do when we see them as obstructions as opposed to insulating, protective entities — it reveals much.

For Federal employees and U.S. Postal workers who are intending to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, “the wall” is represented by OPM itself; for, they hold all of the proverbial “cards” in approving or denying a Federal Disability Retirement case.

You, the Federal or Postal applicant, stand on the left side of the wall.  How you climb over the wall onto the right side — an approval from OPM — depends upon how you maneuver against the wall.  Do you go against the wall by sheer luck and lack of forethought?  Or, do you build or buy a ladder — metaphorically speaking, of course — which includes logical and legal argumentation?

Contact an OPM Retirement Attorney who specializes in Federal Disability Retirement Law and stop banging your head against the wall, and instead, begin to build the solid foundation which is built to overcome the obstacle between you and a Federal Disability Retirement.

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 Employees Retirement System (FERS) Disability Law: Loss of a Cosseted Life

What does it mean to “take things for granted”?

Often, it is only when something is taken away that the value of the vanished item of vacuity vainly verifies the validity of its valuation.  Sorry for the alliterative illustration.  Similarly, the cosseted life is one where over-indulgence of protected care may have existed, and the sudden or gradual disappearance of that sense of security leaves one vulnerable and potentially open to harm.

Health, itself, offers the cosseted life; and loss of it, an overwhelming sense of vulnerability.

In youth, when health is so often taken for granted, we are apt to embrace challenging and silly endeavors.  We might jump out of planes, for instance; or engage in other acts of mindless stupidity.  We expect failing health in the metaphorically twilight days of our lives, but when it occurs in the middle years, it often catches us off guard, and the loss of a cosseted life is felt all the more fervently.

For Federal employees and U.S. Postal Workers who suffer from a medical conditions 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, the sequence of dealing with the loss of that cosseted life often follows a familiar pattern — First, attend to the medical condition; Next, try and accept the available treatments such that a return to a level of functionality may be attained where your Federal or Postal career can continue.

Then, if the medical condition reaches a level of chronicity such that it becomes clear that you will not be able to perform all of the essential elements of your Federal or Postal job, contact a FERS Lawyer who specializes in OPM Medical Retirement Law.  For, in the end, the loss of a cosseted life should never be the end of something, but rather the beginning of a different phase, a varying period, an alternate condition, and a future still available for adaptive living.

Sincerely,

Robert R. McGill, Lawyer

 

Attorney for Federal Disability Retirement Claims: The unread novel

Is it as irrelevant as the one that is read but quickly forgotten?

Writers are a funny breed; their very existence, significance and existential relevance depends upon the interests of others.  Isolation is inherent in the vocation itself; for every writer is a singular and lonely depiction of an inner battle of cognitive construction, the soliloquy upon a blank slate endeavoring to create, to master, to show and to imagine; and of what nightmares and horrors the writer must endure in order to transfer self-doubt upon the paper, or the virtual existence that spans the spectrum from despair unto public acknowledgment.

The unread novel exists in drawers and cubbyholes forgotten and unopened; and like Bruno Schulz’ lost novel, The Messiah, the shot that killed before the fruition of greatness came to be may reverberate with a nothingness that no one knew, precisely because, to not know something is to not experience that which cannot be grasped, where ignorance is merely the negation of an emptiness never experienced.  Which is worse — to be never read, or to be read and forgotten, or to be read, remembered, then slowly dissipate from the minds of appreciation over an anguished length of time?

The unread novel sits like the individual who once was recognized — a solitary figure who was once appreciated, known, recognized and even sometimes applauded; then the starkness of anonymity reminds us all that such recognition is fleeting, temporal, like the winds of history that grant accolades to rising stars only while the smile lasts and the last salute is given to the parade that slowly fades.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has begun to impact one’s ability and capacity to perform all of the essential elements of the Federal or Postal job and positional duties, the feeling that the Federal or Postal worker undergoes is often likened to the unread novel that sits in the drawers of anonymity.

Perhaps you were once recognized and appreciated; now, it is as if the medical condition itself has become an infectious disease that everyone else is loathe to catch.  The Federal Agency or the Postal Service is beginning to treat you like The Plague.  You fear that your career — like the Great American Novel that was once thought to be a success — is coming to an end, and the harassment and furtive looks have become emboldened in a way you previously could not have imagined.

It is then time to begin to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you as a Federal or Postal employee are under FERS, CSRS or CSRS Offset.  For, like the unread novel, the drawer within which you sit in solitary despair will not make the unfamiliarity of it become a great success; that, in the end, is a decision only you can make, as to a future where the unread novel remains so, or a step forward to change the course of human destiny.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Witnessing the residue

Most of us merely witness the residue; the process itself, the events leading up to the conclusion, and “during” as opposed to the “after”, and all of the miniscule details that make up “in between” are invisible, ignored, unimportant or simply not thought of.  We see the “end product”, only, and that is how it should be.  We don’t have time to watch the apple tree grow from a seedling; for sausages to be made; for politics to be compromised; and for other people’s problems to fester.  And even if we did, what difference would it really make?

We assume much – that characters we see in movies made from “based on a true story” (whatever that means – and how much artistic liberty was taken with the details of such a “true story”, and what part is true and what is not?) productions went to the bathroom in between shooting at each other and becoming heroes; or that when children are seen, there was once love between the couple (although, that can turn out to be a wrong assumption where adoption or other arrangements have been made) even if the residue we witness shows only acrimony, bickering and constant arguing.

For Federal employees and U.S. Postal workers preparing to file 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, “both sides” witness the residue – from the Federal Agency or Postal Service’s side, they witness the residue of a filing for a disability retirement, without knowing the long and arduous struggle that the employee had with the medical condition prior to coming to such a decision.  Or, for that matter, from the viewpoint of the supervisor or co-worker, such a decision may come as a complete surprise.

Conversely, from the viewpoint of the Federal or Postal employee who is filing for Federal Disability Retirement benefits, witnessing the residue of the Federal Agency’s reaction or the co-workers and supervisors who make comments, or say anything at all, is often an interesting phenomenon for its complete lack of understanding or empathy.  They simply didn’t know, didn’t care or didn’t take the time (or all three) in showing any concern during the long struggle with the medical condition.

The key, however, in witnessing the residue, is with respect to the U.S. Office of Personnel Management – the Federal Agency that reviews and makes a determination on all Federal Disability Retirement applications.  For OPM, it is important to formulate a concise narrative in answering the questions on SF 3112A, Applicant’s Statement of Disability.  How much of the history; to what extent the minutiae and details of the past; and the precision of establishing the nexus between the medical condition and the job duties – these are all important in the proper preparation, formulation and filing of an effective Federal Disability Retirement application, where witnessing the residue may be a void too important to neglect.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Trauma of Change

There is comfort and security in the monotony of routine; for many, even a slight alteration in the identity of daily action presents a threat to the coherence of a world created and maintained.  Old men and women who suffer from the destructive forces of dementia rely upon it; homes which house the aging population, abandoned by obligation and freed from trust of children now grown, lean upon the crutch of sameness, as if sanity depended upon a universe determined to defy detour of deference.

But such clinging to the security blanket of daily recurrence is not relegated to the old; for most of us, reliance upon the monotony of unchanging sameness is what provides for reliability and dependability; alteration of environment is for the youth to encounter, as excitement of differentiation can only be relished by those who can accommodate change.

For Federal employees and U.S. Postal workers who begin to suffer from a medical condition, and where the symptoms and ravages of the diagnosed medical conditions begin to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal positional duties, the winds of change present a formidable challenge to one’s sense of equilibrium, perspective of stability, and calm feelings for a secure future.

Change is traumatic; and, moreover, unexpected and uninvited alteration of circumstances by force of unwanted imposition, is like being hit over the head by the proverbial hammer of life, and we kick and cry in protest as we are dragged down the avenues of change.  And, like the addict who must undergo the steps towards rehabilitation, there is a recognition of stages:  Of having a medical condition; acceptance of the medical condition; realization that the medical condition results in an unavoidable impact upon one’s Federal or Postal career; then, to undertake the pragmatic and practical steps in 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.

It is this last step which is often the most difficult — to actually take those “real life” steps in applying for OPM Disability Retirement; and why is this?  Because, so long as we only “talk about” things, there is still stability and sameness in the objective world; but once we reach out and connect “talk” with “action”, the trauma of change becomes real, and the recognition that the world we left behind as a child — of gnomes, fairies, and the knight in shining armor — were really mere pictures in a storybook stored in the lost memories of innocence and warmth of a mother’s womb.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement from OPM: Identity Crisis

It is how we view ourselves as one entity among others; where the I-Thou relationship corresponds to the perspective we have of ourselves, of others, and within the micro and macro-communities we engage and with which we interact.  Who we are; how we see ourselves; what constitutes value and worth; whether productivity is defined merely by the volume of paperwork shuffled, or in the manufacturing of items shipped to far-off places; and the constancy of eyes which discern the essence of a person’s place in society.  One’s identity is intimately and intangibly intertwined with one’s job, profession and vocation of choice — or where one simply “fell into” the morass of growing from teenager to adulthood.

For Federal employees and U.S. Postal workers who begin to suffer from a medical condition, such that the medical condition impacts one’s livelihood, the vocation one has aspired to for the past few years, decades, and throughout one’s lifetime; or for the Postal worker and Federal employee who have viewed the position as merely a “pass-through” job in order to obtain certain credentials and qualifying clearances; in either cases, when a medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, there often erupts a crisis of identity, precisely because of the intimacy between one’s health and one’s capacity and ability to work.

The proverbial “identity crisis” occurs precisely because of the intersection between the tripartite conditions which society has placed with a burden of chaotic rationale:  Who we are; What we do; Our value tied to productivity and “doing”.  Where health begins to deteriorate, the ability and capacity to remain “productive” diminishes; regression of “doing” reduces one’s market value in a society which idolizes comparative worth; and as what we do becomes less valuable, who we are shrinks in the eyes of the macroeconomic stratosphere of societal valuation.

Time to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  For, when the Federal or Postal employee begins to embrace the identity crisis of this vast bureaucracy of the Federal sector or the U.S. Postal Service, it is time to move on.

“Moving on” is to simply accept the devaluation system of monetary policy of the Federal agency and the U.S. Postal Service; but it is the personal identity crisis which must always be dealt with, and for the Federal or Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s perspective of self-worth, it is time to exit from the abyss of deterioration, and take the positive and affirmative step by preparing, formulating and filing for Federal Disability Retirement benefits through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Precedents and Contingencies

The former constitutes a prior event already established, which may influence and impact current courses and future decisions; while the latter reflects an unforeseen circumstance as yet uncertain, but one which must occur prior to triggering the subsequent act.  Both constitute events which, in their logical sequence, should be prior in time, and satisfied before going on to the next.

In law, without the precedent, there is no argument to be made, except to blaze new trails and create orientations for fresh ones, which can be a dangerous and uncertain line of argumentation.  In Hume’s laws of causal contingencies, the billiard ball which precedes the impact upon the subsequent one matters little, except for the non-existence of the “necessary connection” which is replaced by mere repetition of events.

For Federal employees and U.S. Postal workers who are considering 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, what matters is the sequential utilization of the duality of concepts.

Precedents of law are there to be argued as strengthening one’s own disability claim, by citing prior issues already decided upon primarily by the U.S.Merit Systems Protection Board and the Court of Appeals for the Federal Circuit.  Contingencies are the pragmatic decisions made by the Federal or Postal applicant, determining the sequence of preparing, formulating and filing for Federal Disability Retirement benefits through OPM, in order to present a cogent, coherent and persuasive Federal Disability Retirement case.

Federal Disability Retirement applications prepared and presented lacking the coherency of sequential establishment of contingencies unsatisfied, are tantamount to cases which have no precedents; and the duality of combined mishaps represent a meandering of a rudderless ship.  It is both together which make for an effective OPM Disability Retirement case:  the logical sequence of presentation, and the citing of relevant legal precedents in presenting an effective, coherent and persuasive Federal Disability Retirement application.  And, in the end, isn’t that what we are shooting for?

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Agency’s Options Letter

Options presented in life often depend upon the preparatory avenues previously correlated over months and years in reaching such a point and destination; alternatives and the plenitude of opportunities rarely “just happen”, and like the football team which seemingly seamlessly executes its game plan, the practiced work left unseen behind the scenes is what allows for the openings to occur, both in sports jargon as well as in business life.

Whether the limits of available alternatives are constrained by the apparently known universe, or continue without knowledge, matters little; for, in choosing from a list of openings, one must know the menu before placing an order.  Thus, can a person choose a sixth option when presented with only five?  Or does lack of knowledge and negation of foresight delimit the available resources untapped and unencumbered?

For Federal employees and U.S. Postal workers, there is often that dreaded “options letter” which the Federal agency or the Postal Service issues, as if the universe of actions to be considered is restrained by the content of the issuance serving the needs of self-interest, and not with concern for the Federal or Postal employee.  Such options presented by the Federal agency or the U.S. Postal Service are often 3:  Come back to work; seek accommodations; or resign.

For Federal and Postal employees who suffer from a medical condition, such that the medical condition has resulted in exhaustion of Sick Leave, Annual Leave, and all FMLA benefits, the refusal by the agency or the U.S.P.S. to extend the granting of LWOP is often accompanied by the threat of sanctions, punitive actions and placement of the Federal or Postal employee upon AWOL status.

The options presented are thus onerous and unreasonable; for, as Option 1 is untenable (the medical condition prevents the Federal or Postal employee from coming back, and the agency and the U.S. Postal services knows this, as otherwise Sick Leave, Annual Leave and FMLA would not have been unnecessarily exhausted), and Option 2 (seek accommodations) is somewhat of a “given”, it is Option 3 (resignation) which the Federal agency and the U.S. Postal Service hope and expect the Federal or Postal employee to initiate.

Such an option allows for the least amount of thought and effort by the Federal agency, and it is this expectation, along with the threat of placing the Federal or Postal employee with imposition of AWOL status, that often wins.  But are there other options besides the ones presented by the Federal agency or the U.S. Postal Service? Perhaps.  But as life’s choices are revealed only through knowledge and wisdom, it is the one who seeks the avenues of counsel who discovers that universes besides the insular one within the parameters of the Milky Way portend of other life on planets yet undiscovered.

Sincerely,

Robert R. McGill, Esquire