Happy New Year

And so passes another decade and entrance into a New Year: 2020. Seasons come and go; the years pass by; and the days linger beyond the daily grind of an impervious universe. We mark the occasion with celebratory bifurcations: Before the second and just after; and yet, nothing much changes, only that we have to remember to change every notation from “19” to “20”. Objectively, does it make any sense? Or does the continuum of time merely reflect the truth that such artificial demarcations are only for convenience’s sake, in order to have an excuse to act in ways we otherwise would be too embarrassed to admit to? Nevertheless, whether artificial or natural, the change of another year is a time to celebrate, and to reflect upon a coming New Year full of hope for the future and putting behind us the trials of yesteryear.

Enjoy the moment, for the worth it represents: It is indeed a New Year, fresh in its resolve and without any mistakes in the first few seconds. Happy New Year!

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Hunt for Nirvana

The initial question is: Is there even such a state?  That would, of course, preemptively undermine the very “hunt” for it, precisely because it would be an act of futility.  On the other hand, don’t most of us chase after chimeras of various sorts — whether of fame, wealth, lost loves or repressed daydreams?  So, why not hunt after the paradigm of paragon-like virtues — a state of release, of a transcendent experience devoid of self, suffering and selfish self-centeredness; or, as some might say, of a death-like state in living form.  Many would not even have a desire for such a state.

The amalgamation of we “think” is the state of Nirvana is probably quite different from the actual concept as attained or sought after by those who profess a belief in it.  It is the complete loss of self; of a state where one’s ego no longer exists, and with its disappearance, both sides of the human “coin” are also transcended: pleasure and pain.  One cannot go through life without its opposite and corollary: If you are capable of experiencing pleasure, then you are open to feeling pain, just as the person who can have happiness must by necessity tolerate sadness.  It is, unfortunately, part of being what it means to be “human”, and it is an act of futility if you try and expunge one while attempting to retain the other.  It is simply not possible.

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, it is likely time to consult with a FERS Attorney who specializes in Federal Disability Retirement Law.  Preparing an effective Federal Disability Retirement application under FERS is not a hunt for Nirvana; no, not even close.  In fact, it is another bureaucratic morass which can be a pain in the proverbial behind, and is a long and complex administrative process which makes the hunt for Nirvana like a pleasurable vacation in comparison.

Consult with an experienced attorney who specializes and knows about Federal Disability Retirement Law, and leave the hunt for Nirvana to those who like to trek through the Himalayan mountains.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: Who Pays the Price?

In a certain household (left unnamed) somewhere in the Eastern part of the United States, a father gave this piece of advice to his children: You can do anything in life, so long as you are willing to pay the price.  He would go on to expand upon that concept by illustrating the various situations in which such advice might apply: You can commit crimes, but you must be willing to pay the price of incarceration; you can disregard your studies, so long as you realize that your future will be undermined because of your decision not to study; you can ignore your obligations, so long as you are willing to sidestep the pangs of conscience which will haunt you.

Age has many downsides; a deteriorating body, loss of stamina; slow and progressive decline in all areas of body and mind; and yet the upside, hopefully, is that some wisdom is gained along the way.  The price we are willing to pay reveals a person’s inner soul; how far you are willing to go; what cost you are able to endure; of what you are prepared to sacrifice; these, and many more factors determine the character of a person’s life.

For Federal and U.S. Postal employees 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, the price you are willing to pay by continuing on is the singular and unique value of your health.  Consider whether you are eligible for Federal Disability Retirement by consulting with an attorney who specializes in Federal Disability Retirement Law, and consider who ultimately pays the price, and what price is worth the cost?

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Stress of the Moment

From a distance, we can all handle stress.  It is that time and removal from the moment that makes all of the difference, is it not?  Afterwards — after the explosive anger, the sudden quietude or the paralyzing fear — we reflect and wonder as to what created such a stressful reaction.  Or, years later, one may recall that it was a moment of “something”, but rarely remember the exact details as to what prompted or triggered it.  It is often the combination of multitudes of factors: Too little sleep; overworked; a sense of isolation; a feeling that no one around you really cares, etc.

Then, when a medical condition enters upon the scene, all other factors tend to become exaggerated, magnified and exacerbated.  One’s health and deteriorating medical condition always adds to the stress.  It is like the old adage about a fish not realizing that it is swimming in water; when we have our health, we barely recognize it; when we lose it, it becomes the focal animus of our daily lives.  Without our health, there is no “stress of the moment”; rather, every moment is a stressful experience.

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, it is time to consider filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, in order to reverse the course taken — that of going back to experiencing the stress of the moment, as opposed to living a life of unending, unendurable and eternal stresses throughout each and every waking moment.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Retirement: Destroying Yourself

Self-immolation is not normal for the common beast; but then, Shakespeare noted that, “What a piece of work is man, How noble in reason, how infinite in faculty, In form and moving how express and admirable, In action how like an angel, In apprehension how like a god, The beauty of the world, The paragon of animals.  And yet to me, what is this quintessence of dust?  Man delights not me; no, nor Woman neither; though by your smiling you seem to say so”.

And so through literature do we have such a high opinion of ourselves, though as Prince Hamlet observed, the actions we take fall far below those ideals to which we aspire.  What is said more often than not contradicts what is done; how we behave, a chasm far and wide from the words we employ.  What are our values?  Retirement is a grand goal, but of what good is it if you are debilitated when you reach that stage?

For Federal employees and U.S. Postal Service 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 his or her job, the question which must be asked is: What am I killing myself for?  Is it worth getting to the proverbial ”finish line” only to collapse into a wheelchair?

Consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and consult with a FERS Disability Attorney who Specializes in Federal Employee Disability Retirement Law.  Destroying yourself is not the goal; instead, it is to rise above the quintessence of dust and focus upon the paragon of virtues: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Law: The Chasm between Reality and The Law

Non-lawyers will often read “The Law” and expect that reality will conform to the language as it is stated.  That is actually a good sign, in that the expectation of the layperson is that respect for the law will necessarily result in compliance with its dictates.  But language is malleable.  It is subject to interpretation, and that is the field of play which allows for elasticity and the chasm which develops between Reality and The Law.

There are, first and foremost, “The Facts” — and whether or not “The Law” applies to a particular set of facts.  Then, from that application of facts-to-law is the further problem of deciding its significance and relevance, and whether or not there are other contravening facts or opposing case-law or statutory citations which may also impact the direct argument of sound legal analysis.  Then, of course, there can be the further difficulty of people, companies, entities and agencies which completely ignore the law and, more recently, of creating one’s own set of “alternative facts”.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important to apply “The Law” precisely, relevantly and comprehensively.

More recent cases of a precedent-setting nature may have altered the meaning of statutory interpretation in a subtle, more favorable manner, and thus is it important to consult with an an experienced attorney who specializes in Federal Disability Retirement Law in order to obtain the greater benefit in evaluating your case, lest the chasm between Reality and The Law be so great as to defeat one’s own attempt within a greater pool of lacking the proper knowledge in applying the law to your particular set of facts.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Merry Christmas – 2019

Another year, gone.  It is the time of festivities; of families traveling great distances in order to gather together and engage in traditions created, memories served and food plentifully prepared; and then to share in the gift-giving — a secular occasion, to be sure, but with roots spanning centuries and across cultures and religious roots and customs. Remember always that perfection is not the goal and failing to achieve it is not a reason to despair.  In the end, it is also not a contest to receive the most “stuff”, but rather, to reestablish relationships frayed or otherwise strained, and to enjoy the company of those who would make the effort to join in the singularly-appointed time of coming together.  Merry Christmas to all, and a Happy New Year.
Sincerely, Robert R. McGill, Esquire