Federal Employee Disability Retirement: The Argument

You hear about such lives every now and again; of an old man declaring, “Never a raised voice in 50 years of marriage”, or: “We never argued. Bless her (or his) soul”.  Leaving aside the viability of the astounding prefatory remark (i.e., that two people in this day and age could remain together for half a century), one wonders whether selective amnesia plays a significant role in such a statement.

Can it even be possible that two people who have been together for such a lengthy period of time could possible exist without any discernible conflict?  No friction; no irritation; no level of heightened stress such that a raised voice must be expressed.  Or, are they “playing” with the meaning of the word “argue”?

Perhaps there was a disagreement, by any measure of the word; or a dispute; or a failure to agree; but throughout, there may well never have been any untoward unpleasantness.

Does an argument have to be unpleasant in order for it to be an argument?  Or, can two or more people smile, be civil, remain cordial throughout, and simply state their points?  Are all disagreements arguments as well, or are some disagreements merely antithetical statements which never rise to the level of an argument?  Does it matter whether or not a “personal stake” is involved in the matter?  Is that why we often preface a statement with the preemptive strike and motive of avoiding an argument in saying, “No, please don’t take this personally, but … “?

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, if the goal is to live a life where there has never been an argument, then there is likely no point in filing at all.  OPM is there to argue and oppose; consult with an attorney who specializes in Federal Disability Retirement Law, and who has no qualms about arguing your case on your behalf.

Now, as to arguing with one’s spouse — that is a different matter, and this attorney who specializes in Federal Disability Retirement Law has no advice to give concerning such matters, or at the very least, refrains from arguing about the issue.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Life as a Series of Problems

There are television series; of “mini-series”; of a series of movie episodes once popularity of the first viewing has established the call for a following.

In television and theatrical drama, there has to be an opportunity for “character development” — of getting to “know” a person, of seeing him or her in various contexts in order to determine “who” a person is by what they do, how they react and the very essence of their belief-systems.  Rarely is a play, a story or a novel of any interest when it involves a person or multiple individuals sitting around expounding upon their beliefs or “principles” of life, and why is that?  Is it because a person who talks without being tested can offer nothing more than the sound of air?

The movie of life always presents us with a series of problems; that is what makes a good story, of course — of conflicts, their resolution; the way in which individuals are “tested”, and not merely by hypothetical presentations of analytical problem-solving gestures.

Medical conditions — whether later in life or occurring earlier— always present a challenge that tests a person in so many ways, precisely because medical issues hit at the core of everything about a person: How we see ourselves; what we are able to do; where we go and seek guidance and counsel; and all of the multitude of reverberating effects upon so many varied aspects of our lives.

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, filing a Federal Disability Retirement application under FERS is just one of life’s series of problems.

It is never a guarantee; it is never a “sure thing”; and as OPM appears to be denying more FERS Disability Retirement cases under this Administration than ever before, it is important to prepare and formulate a plan for a Federal Disability Retirement application and to recognize it as another slice of life’s problems in a series of such problems.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: That cup of tea

It is the symbol of a quieter life; of a pastoral time of past remembrances, where the slower pace accorded a tranquility now lost forever.  It is referred to in many of William Trevor’s short stories — of that time in England when people still sat around and had “that cup of tea”.  For, somehow, the notion of fine china, the curling wisps of winding steam and the aroma of warmth and comfort retain a resonance of civility, quietude and the sentiment of calmer times.

Coffee, on the other hand, betrays a greater americanism — of forging ahead, forever seeking progress and movement, a person on steroids who cannot take the time, will not, and in fact has no time for the silliness of having that cup of tea.  That is why coffee is taken on the road, in plastic or styrofoam cups; in mugs and sturdy, thick jugs; whether plain, with a bit of milk and with or without sugar.

The two represent different times; of lifestyles gone and replaced; of civility and crudity.  Starbucks and others have tried to gentrify the cup of coffee, of course, and to create different “Internet cafes” with sophisticated-sounding names for lattes, “XY-Americano” or some similar silly-sounding names; but in the end it is the bit of coffee painted with a lipstick on the pig, and it remains the shot of coffee that provides the taste.

People are like that; and we all reminisce about times past, of “good old days” and for some, we miss that cup of tea.  For the greater society, the two contrasting flavors of a drink represent a bifurcation of sorts: One, for a kind of life we long for; the other, the reality within which we find ourselves.

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 one or more of the essential elements of one’s Federal or Postal job, the distinction between the cup of tea and the mug of coffee is like a metaphor of one’s own circumstances: the body and mind requires that cup of tea; the reality that swirls around demands the mug of coffee.

Preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is perhaps the antidote to the growing problem.  While it may not be every person’s cup of tea, it is something that — given the environment of the Federal Agency and the Postal Service in requiring every worker to act like a caffein-induced maniac — may medically indicate a change from the coffee-centered culture that cannot sit even for a brief moment to enjoy that distant reverberation of fine china clinking amidst the calm of a quiet morning.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Fair Games

It depends upon how you read the concept, which word or syllable you place the accent or emphasis upon, doesn’t it?

In one sense of the concept, it has to do with games found at the county or state Fairs — you know, where cotton candy is sold and prizes are awarded for the largest potato grown or the fattest pig shown.  In another sense, it is in contrast to its opposite — of games where you have a good chance because rules are imposed and upheld, as opposed to “unfair” games where the proverbial deck is stacks against you.  It is in this second sense of the term that we apply.

Fairness itself is a difficult concept, precisely because of its malleability.  One concept of fairness is an arguable delineation based upon rules, perspectives, and even perhaps of cultural backgrounds.  Rules themselves can be attacked, and are “fair game” when it comes to disputatious boundaries, where there are essentially none to circumvent.

You can argue that such-and-such a call was unfair, and that obnoxious fan sitting next to you might counter, “But that’s within the rules of the game,” and you might then counter to the counter, “Then the game is rigged and the rules are unfair!”  What would be the counter-answer to the counter of the counter?  Perhaps, to say: “Listen, buddy, I don’t make up the rules.  It’s fair by definition if everyone who plays the game has to play by the same rules.”  Is that the silencer — the conversation-stopper — that cannot be argued against?

But what if everyone theoretically has to “play by the rules of the game”, but the rules are administered in a lopsided manner?  Is that what makes the game “unfair”?  Isn’t that what fans the world over complain about when the umpire, for example, sets the “strike zone” (or in other contexts, the “foul zone” or some such similar animal) too wide for some pitchers and too narrow for others?

Or, wasn’t there something like the “Jordan Rule” where a certain player was allowed to take an “extra step” (or two or three, for that matter) and no “traveling violation” was called, because the beauty of his fluid movements surpassed and transcended any “rules” that might disrupt the mesmerizing effect of such human defiance of gravity right before our eyes?  Could you imagine what an uproar that would have caused, where the player-in-question flies through the air with such acrobatic display of gravity-defying beauty, slam-dunks the ball to the rising wave of appreciative fans, and a whistle is blown — and the basket is disallowed?

That awkward motion that the referee engages in — you know, where both hands are balled up into a fist and made into a circular motion, indicating that a traveling violation has occurred — and then pointing to the scoring table and telling them to subtract the 2-points just previously awarded…is it “fair”?  Should fairness sometimes be overlooked when beauty-in-mid-flight entertains us to such ecstatic delights?

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 worker from performing one or more of the essential elements of one’s Federal or Postal job, life often begins to appear as if “fairness” is no longer an applicable rule — for, is it “fair” that one’s health has deteriorated despite doing everything to take care of it?  Is it “fair” that others seem to have lived a life of excess but seem not to be impacted at all by the abundance of maltreatment?  Is it “fair” that others appear to be receiving favoritism of treatment, while your Federal Agency or the Postal Service appears to be targeting you for every minor infraction of the “rules”?

Life, in general, is unfair, and when a Federal or Postal worker seems to be the target of unfair treatment because of a progressively deteriorating medical condition, it may well be time to prepare, formulate and file an effective 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.

Life is often unfair in general; but when it comes to applying and enforcing “the Law”, it is best to consult with an experienced attorney, especially when seeking to obtain Federal Disability Retirement benefits through OPM.  And like the “Jordan Rule” concerning extra-rule-violation treatment, it is best to make sure that your attorney makes the Rules of the Game enforced — and fair.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Deviating and adapting

How does one deviate or adapt, if one is approaching something anew?

Such concepts as modifying or altering a methodology presumes that one has encountered the process before, and thus it stands to reason that a person who has never previously experienced something before can hardly be expected to provide new insights when the experience itself is new to the individual.  That is why we often refer to a person’s ability and capacity to “think on his or her feet” — meaning, to quickly encompass and adapt to new and fluid circumstances, despite a lack of familiarity with an onslaught of speedy changes.

Deviating, of course, can be a negative component, in that it may imply altering from a true-and-tested course of action, and unless one is certain of one’s confidence in a new path taken, there may ensue disastrous consequences when following a rebellious path that can lead to the unknown.  Many a trailblazer who knew not the way of the unbeaten path have perished by starvation or thirst.

On the other hand, we consider the capacity and ability of “adapting” to be a positive characteristic, in that it implies a characteristic of being able to respond to external circumstances that are changing, and requires a willingness to bend with the winds of change.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that 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, the dual concept of deviating and adapting comes to the fore precisely because of the need to change — both on the Agency/Postal Service’s side, as well as from the perspective of the Federal or Postal employee.

For the Federal Agency or the Postal Service, the issue of deviating and adapting comes about in terms of “accommodation” — for, it is necessary for the Federal Agency and the Postal Service, by force of law, to “deviate” from the former ways of behaving, and to “adapt” to the medical conditions and changes that the Federal or Postal employee is undergoing.

From the viewpoint of the Federal or Postal employee, deviating and adapting may encompass a wide range of issues in terms of accommodations — whether the situation and conditions posed are temporary or permanent by nature; whether the medical conditions suffered are able to be accommodated at all, either temporarily or permanently; and whether attendance is an issue; of how much SL must be taken; of FMLA issues and extensions of LWOP beyond, etc.

In the end, deviating and adapting from the “norm” may not be possible, in which case preparing, formulating and filing an effective 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, may become necessary.

For all Federal and Postal employees, what is important to remember is that suffering from a progressively deteriorating medical condition will require deviating and adapting, and that may include the need to have expert legal guidance by an attorney who has previously had the experience in preparing an effective Federal Disability Retirement application so that any and all deviations and adaptations can be initiated from the perspective of previous experience, and not as a trailblazer off of the beaten path where getting lost in the complexities of Federal Disability Retirement Laws can lead to disastrous results.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The buttons we believe accomplish

We believe, on faith alone, that pushing a button does the deed; and then we go on with life, and nothing really has changed but the belief in our own self-satisfaction.  It is that virtual world of computers, light switches, garage door openers and even the disc-like appendages to our shirts and sweaters that lead us to conclude that all such contraptions are of equal weight and value.

We see the cause-and-effect of the garage-door opener — of pushing a button and seeing the door slide open, then another push and it reverses course.  We push buttons on the computer keyboard, and with each tap the screen changes, or concludes with the deed completed; and of “buttons” on a shirt or sweater, we appreciate the invention that holds two sides of a separated apparel together to enclose our bodies with a warmth of a material embrace.

What does it mean to accomplish a deed with a mere pushing of a button?

We have been habituated into such thinking, and it is this disconnectedness that allows for society to continue to move “as if”.  It is only when we encounter the counter – belief that all of a sudden the world of buttons begins to sow some seeds of doubt — as when the boss comes and says, “Why haven’t you sent me X” and you respond, “I emailed it to you last week “ (it isn’t quite the same to say, “I pushed the button that accomplished the deed”).  “But I never got it” is the response which prompts you to go back and re-press the button, hoping somehow that doing so a second time will make a difference that the first time did not.

This time, however, just to be doubly sure, you go back and ask your boss whether he received it (not, again, “did my second button-pushing work?”), thus verifying the causal connection that had failed to occur previously.

What made the difference?

Somehow, in the ethereal universe of circuitry and magic we have no clues about, there exists a causal chain that “works” and “accomplishes” deeds — just like the garage-door opener that issues an immediate gratification of causation.  But that all of life would allow for such instantaneous confirmation — and of buttons we think accomplish.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates a consideration 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, the buttons we need to push are many, varied, and long in waiting.

Whether they comprise of the metaphorical “buttons” to get people moving, or of emails that need to be sent, confirmations that require a response — what we do know, throughout, is that the reality of one’s medical condition has a discernible difference both of reality and of urgency when it comes upon the need for causation to occur.

The buttons we think accomplish remain somehow in that “other world” of magic and the unknown; the medical condition that remains is somehow the reality of the “now” that constitutes pain and suffering; and that is why preparing an effective Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management, is of greater importance than the buttons we believe accomplish.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Other worlds

We can imagine other worlds in which things are different; science fiction does it all the time, and even traditional literary fiction – though the differentiation between “science fiction” and “regular fiction” can often be lost in esoteric and academic ways – can depict other worlds not quite familiar, though recognizable enough to keep it apart from fantasy or that of the bizarre.

We can imagine, for instance, a world in which a pot of water sits upon a burning stove, but the pot never boils because the heat from the burner never transfers its element to the water; and so the isolation of each entity remains unmoved, as each fails to influence the other.  Or, that rain falls, but nothing gets wet.  What about people?  Of a persons who talks and talks and everyone hears, but no impact results.  You say to your friend, “A skunk has climbed up on top of your head,” and the friend responds, “Yes, thank you,” but does nothing and goes on with his or her life.

It would be a universe where we are consumed and subsumed within the universe of our own thoughts, and the world around us remains separate, isolated and without influence upon entities remaining placid, implacable, undisturbed and without any capacity to embrace the causality of an effect that remains otherwise unperturbed.

Come to think of it, that somewhat describes the world we actually live in, doesn’t it?  It started out as some science fiction genre – other worlds – and yet the universe that was described, of a world where people talk and no one listens, others hurt and no one helps, and the gravitational pull remains isolated to the planets within a galaxy, but never extending beyond to the human lives that populate this earth.  Isn’t that what occurs in this world, today?

People lie to themselves thinking that they have hundreds of “friends”, and yet sit alone in an apartment staring at a glowing piece of machine called a computer, and converse quietly on Facebook and through other social media outlets, yet never say a word; and the “conversations” on the medium are merely a series of rants and raves, and at the end of the late evening, everyone goes home.  People live with great wealth – of extravagance of living never seen heretofore in this or any other universe – while others barely make a living; and the impact felt moves not a teardrop or a sigh of resignation.

Federal and Postal employees live in such a universe, especially when a medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of his or her Federal or Postal position.  The agency doesn’t care; the postal facility is indifferent; no one says, “Ah, we need to do everything to help you out so that you can get better!”  Instead, we rely upon quiet laws to be enforced, so that our “rights” can be protected and compelled.

Other worlds are not mere fantasies that we dream up; and for the Federal or Postal employee who must take the next step in preparing, formulating and filing an effective Federal Disability Retirement application, welcome to the bizarre universe of an administrative process that cares little about injured or hurting people, but one in which the cold bureaucracy of laws and rights must be enforced in order to assert that which remains unmovable in the face of a medical condition that won’t go away.

Sincerely,

Robert R. McGill, Esquire