Federal Employees Retirement System (FERS) Disability Retirement: The Law’s Mandate

What does it mean to “apply the law”?  Does mere mention of the fact — often, at the end of a lengthy paragraph, almost as an afterthought and merely an appendage to satisfy the criteria of “consideration of the law” — satisfy the requirement?

Does a jury who collectively convicts a defendant because they didn’t like the way he looks, satisfy the obligation of considering “reasonable doubt” if, just before agreeing to render the verdict of “guilty”, everyone in the room nods the consent that there is “no reasonable doubt to consider”?

Or, must a jury deliberate upon the issue and definition of reasonable doubt for a lengthy period of time in order to “appear” that they have considered the law’s mandate in a serious fashion, so that each juror can say, “Yes, we gave the criterion of ‘reasonable doubt’ due seriousness, and concluded that none of us had any reasonable doubt to prevent such a conviction”?

In analogous form, does the U.S. Office of Personnel Management satisfy the law’s mandate if they merely mention the multitude of case-law requirements, or if not even mentioning them, to “refer” to the variegated issues?

In this writer’s opinion, the Law’s Mandate requires more, and it is the job of the attorney to point out what constitutes and satisfies the law’s mandate, and to force OPM to do their job properly.  If you are considering filing for Federal Disability Retirement under FERS, contact a retirement lawyer who specializes in Federal Disability Retirement Law and make sure that the Law’s Mandate is fully satisfied.

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 Disability Retirement Application: Lost…

One’s age can be revealed as to whether, in the privacy of one’s thoughts, the ellipses is replaced with — “Lost in Space”, or even The Swiss Family Robinson.  The former is a television series that ran between 1965 and 1968; the latter, a novel by Johann David Wyss published in 1812 that few of us read anymore.  Another television series recalled from the dustbin of history’s classics; another novel and writer no longer read, remembered or studied.

They are stories about lost colonies, lost people, lost souls — lost individuals.  The fact that they are “lost” is a phenomena that society finds interesting enough to retell the story about which we would never know, except that they were somehow “found” and were able to convey their experiences.

As a child, one remembers the self-contradiction of that very issue: the young, fertile mind queried (and never could get a satisfactory answer from anyone ):  How come, if they are really lost, we’re able to watch them on television, or read about them?  If they were found, then they aren’t lost, anymore, are they, and if so, why is it interesting or even relevant?  Or, is it just of historical interest that we enjoy hearing about the experiences during the time of “being lost”?

The world today, of course, is different from the yesteryears of a bygone era; the world is all “connected”, such that there are no places in the world where we haven’t seen National Geographic photographs depicting of untraveled areas where the “lost peoples” of the universe reside and continue to survive.  The Amazonian forests are being depleted through mindless mining and destruction; the Himalayan monks who once medicated in silence wear jeans and sandals while selling trinkets to wandering tourists; and the polar bears that once roamed the northern glaciers wander beneath the pipelines that stretch amidst the wilds once dominated by the wolves that sniffed with suspicion.

Today, we live amidst civilization’s constant drum of progress and technological connectivity; instead of being lost in the wilds of a universe still undiscovered, we remain lost amidst the communities in which we live.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition must by necessity lead one to consider filing for Federal Disability Retirement benefits under FERS, there is a sense of “loss” and “being lost” in at least 2 ways: The “loss” of a career once held promising; and of being “lost” in the complex, administrative process in preparing, formulating and filing for Federal Disability Retirement benefits.  In either sense of being lost, it is a good idea to consult with an attorney who specializes in Federal Disability Retirement Law — if only to get a roadmap to help one find one’s bearings.

Being “lost” does not mean simply that one does not know where one is geographically; in fact, most people are lost even in the midst of being surrounded by the daily din of civilization; and that is why consulting with an attorney in preparing, formulating and filing for Federal Disability Retirement is an important aspect in finding one’s way out of the morass of being lost.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Devotion

Must it by necessity have a “religious” component?  Devotion is an anachronistic concept – of individuals who have committed their lives to one involving (or devolving?) sacrifice and selflessness, where individual strivings for fame, wealth or power are forsaken and the plight of others is the focus of one’s resolve and vocation.

Certainly, there are subcategories of such descriptions, as when we hear about a parent of such-and-such being so “devoted” to his daughter or son; or of a scientist whose mother or father died of a certain rare disease and later grew up to “devote” his or her life to finding a cure.

But with those unique exceptions, the term itself was once applied to priests, nuns and (perhaps) non-Catholic preachers and ministers who had engaged a life of “devotion” – and the last vestige of such descriptions may be those attributed to Mother Teresa (that Saint of Calcutta, canonized less than 20 years after her death, and loved by all except perhaps by Christopher Hitchens, that cutting essayist who could state in a single sentence that which took paragraphs for most of us to develop).

And yet… There are dogs who are devoted; old men who have been married for decades to left caring for their ill wives, and vice versa; and Federal employees and U.S. Postal workers, contrary to what the general public views about Federal employees and U.S. Postal Workers.

That is why taking that “giant leap” into preparing 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, is such a difficult step.  Does the concept of “devotion” apply, or do we now view such dedication and commitment to one’s vocation and career as foolhardy, misguided, a warped sense of priorities?

Certainly, wanting to do a “good job”, and be committed to advancing one’s career is considered having a “devotion” to a career in the loose sense; but should such a concept necessarily be sequestered only in the antiquated sense discussed herein?  How about its opposite – of having a devotion to such an extent that you continue to harm your own health?

For, that is what many Federal and Postal workers end up doing – of continuing to work despite its detrimental impact upon health, as opposed to taking advantage of the benefit of a Federal Disability Retirement and focusing on that which one’s devotion should be centered upon: One’s health, one’s future, and the pathway towards securing both.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Life’s Alliteration

The repetitive recurrence of mirroring sounds or letters at the beginning of adjacent words is merely a reflection of how we live our lives.  What is inherent in human beings that we would discover, create or otherwise compile an aggregation of such a linguistic phenomena?

The universe could have continued happily on its mindless course of fated determinism without people engaging in such nonsensical rhythms of prose and poetry; but as each act of indeterminate vacuity has an underlying psychological explanation, so all such engagements of sociological developments must by necessity possess a paradigm of purpose.

Is it because we find solace in the quietude of repose when patterns of universal expectations can be discovered?  Why do we eternally seek the “laws of nature”, or insist against Hume’s diatribe of causal effects that the billiard balls will act in certain ways upon impact despite the lack of a “necessary connection”?  Is it in the comfort of habitual living, of familiar environments and known paradigms into which we seek refuge?

We take delight in the designs which quiet our souls; of lack of turbulence, despite our own havoc which we inject all around.  Small towns; lost civilizations; tribal communities in the forgotten corners of the world; perhaps they still exist without the turmoil pervasive throughout the life the rest of us are familiar with; but if they do, they will soon be stamped out.  For, in the end, distinctive differences are characteristics which we fear most.

We claim that we celebrate diversity; yet, look at how everyone melds into each other and uniqueness is slowing disappearing.  We declare that divergence of ideas and opinions are contributory to a community; but we end up all watching the same shows, hearing the identical voices, and where even political parties are essentially the same but for shifting bribes to garner votes.

That is why the linguistic mechanism of alliteration is but a reflection of life itself; it is no accident that the repetition of consonants, vowels or sounds was playfully discovered; it is, instead, the comfort zone of which we seek, in order to reassure ourselves that the chaotic world we continue to fathom will at least appear in a semblance of repetititve constancy in the words we utter.

Order and stability are necessary traits in every life; that is why, for the Federal employee or U.S. Postal worker whose life has been turned upside down with the turmoil of a medical condition, it is important to begin contemplating the long and arduous path towards attaining a Federal Disability Retirement annuity.

For the Federal employee or U.S. Postal worker who can no longer perform one or more of the essential elements of the Federal or Postal job, the turmoil of the medical condition, the sudden and proverbial “cold shoulder” shown by the agency because the Federal or Postal employee is no longer fully “productive” or able to advance the “mission of the Agency”, it is important to secure a semblance of stability for one’s future.  Whether under FERS, CSRS or CSRS Offset, the Federal or Postal employee who must prepare, formulate and file for Federal Disability Retirement benefits will have to maneuver through a complex maze of alliterative conundrums.

And what of life’s alliteration?  You will note that this blog never engaged in such nonsense throughout.  Of course, that could change exponentially, excepting exceeding expectations exchanging entities encompassing elements eerily entraping epilogues entirely endlessly.  Or so it goes.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Relative Importance of Minutiae

Triviality is in the eye of the beholder; though, there are some aspects of certain information which almost all can agree upon to be insignificant; but in this universe of informational overload, it is often the small, precise and extended bits which make up for the connecting bridges of relevance.

For the culinary sophisticate, the fact that an octopus has four pairs of arms makes for a greater feast, and if one were to pause and consider that the loss of an arm in its flight from a fisherman’s net might be insignificant from a human standpoint, the capacity to survive in the treachery of the undersea world may depend upon that lost tentacle.

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, the overarching focus is usually upon the grand scheme of things — of the relative importance of the key elements which make up for an effective Federal Disability Retirement application.

In the rush to quickly put together a Federal Disability Retirement application, it is easy to fill out and answer the Standard Forms, especially SF 3112A, the Applicant’s Statement of Disability, attach a compendium of medical reports and records, and hope for the best.  But it is often just as much the attention to detail — the minutiae of the little things, the world of microcosmic bits and floating information in the body of office notes and progress reports, like insignificant algae which forms as a film upon the pond’s surface, which results in the basis of a denial by a scrutinizing OPM Specialist.

Like the tentacle found in the fisherman’s net, it is only the keen eye which can tell which of the four pairs of arms it came from, except of course for the octopus, who well knows from the sensation of pain from which it derives.

Sincerely,

Robert R. McGill, Esquire