FERS Disability Retirement Benefits: Belonging

Do any of us, anymore?  When a question is posed, the fact that the posing of the question even occurs, presents an underlying and exposed problem: For, what historical background occurred which prompted the question to be posed in the first place?  When first the credibility of the priest was questioned, was there not a deeper problem which needed to be addressed, to begin with?

There was a time, now forgotten, now repressed in the ages long passed, when the question of belonging never appeared.  One was born in the village of ancestors; the future was encapsulated within the community one grew up in; one’s identity was a part of the greater character of the community; the future was always ensconced within the family, the neighborhood, the town, etc.

There was never a question of belonging; for, to not belong was relegated to those outsiders from elsewhere.  Belonging was a given.  The silence before the question was the norm which everyone understood; and understanding was always passive, without the active question which shakes the foundation of belonging itself.

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, the question of “belonging” is a fearful one.  For, the superficiality of the concept with the Federal Agency is well-known: You “belong” only so long as you can contribute a measure of efficient service.

This notion of being a “valuable” employee is based only upon what you did today, and runs no deeper than yesterday’s performance ratings.  Why else would you try and hide your medical condition?

Contact a disability lawyer who specializes in Federal Disability Retirement Law, and consider that the depth of belonging with a Federal Agency or the Postal Service is only as deep as what you did yesterday for them, and once they find out that you will no longer be a member of “the team”, chances are, your “belonging” will be a mere vestige of longing long passed.

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.

 

FERS Disability Retirement Law: Passion & Regret

Of the former, life’s experiences tend to stamp it out by middle age; of the latter, the same life experiences magnify them just beyond middle age.  Passion is that driving force which propels youth to greater heights; regret is the memory of things lost, of relationships ignored, of opportunities dissipated and events untethered.

Modernity has had much of the former; likely, as this generation grows older, it will be the owner of an exponentially magnified latter.  It is all well and good for the young to have passion; for, with it, greater accomplishments may be reached and the storybook of success may be more easily attained.  But it is passion without thought which is the equation for regret, as the ego of one’s self barrels through life without giving consideration for other people, other opportunities, other events yet tethered to the soul.  Thoughtful, controlled passion is the “middle way” towards an Aristotelian Eudaimonia.

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 continuing on in the passion of one’s career, consider contacting a FERS Attorney who specializes in Federal Disability Retirement Law.

A medical condition is that event which undermines one’s passion, as it depletes, isolates and confounds.

Consider preparing, formulating and submitting an effective Federal or Postal Disability Retirement Application under the Federal Employees Retirement System (FERS) to the U.S. Office of Personnel Management before the passion which once propelled the Federal employee or Postal worker becomes a bottomless chasm of darkened regret with nary a residue of timeless passion.

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.

 

Permanent Disability Retirement from Federal Employment: SSDI & VA Claims

Corollary successes can have a persuasive impact upon an OPM Disability Retirement application — but one must also understand the difference between a “persuasive” impact as opposed to a “determinative” impact.

An approval of disability benefits from the Social Security Administration (SSDI) edges closer to a “determinative” one as to its impact upon a FERS Disability Retirement application.  Note the operative term, however — “edges”.  Under Trevan v. OPM, such an approval from SSDI — so long as the medical basis upon which it was filed is identical to, or fairly paralleling that submitted with the FERS Disability Retirement application — is strongly persuasive upon an OPM Disability Retirement claim.  However, it must still be argued, and certain elements of the SSDI Claim must be shown to OPM for that “persuasive” effect that “edges” towards a determinative impact.

VA Claims — even if you are deemed “Permanent and Total” — are closer to a “merely persuasive” influence upon a FERS Disability Retirement claim.  That is, the higher the ascribed percentage in a VA Disability claim, the greater the chance that it will influence or “persuade” OPM that the FERS Disability Retirement application should be approved.

Use of an SSDI or VA approval should be part of the legal strategy in filing a Federal Disability Retirement application under FERS.  Contact a private OPM Attorney who specializes in Federal Disability Retirement Law and begin to prepare an effective Federal or Postal Disability Retirement application in order to determinatively persuade OPM to approve your case.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Being Prepared

Boy Scouts are (but no more, apparently, as the bankruptcy of the organization is now pending); interns have to be; wanna-bees try to be; thieves and con-artists always are.

Being prepared is something that we strive throughout our lives; for that momentous opportunity; for the interview that may lead to greater things; for the emergency that we hope will never come about; against the test that reveals our inner character.  We prepare to go out to dinner for the evening; we prepare for the day’s work; we even try and prepare for questions yet unasked and queries never anticipated.

Being prepared is a lifetime’s worth of activities, often surrounded and prompted by fear and worry for a future yet unknown.  Then, despite all of our efforts, there are those events for which we are wholly unprepared, like a medical condition that begins to gnaw and debilitate, that slowly, incrementally and insidiously becomes a chronic state of being.

For the Federal employee or U.S. Postal worker who suffers from a medical condition such that the medical condition impacts your ability and capacity to continue working in your Federal or Postal job, being prepared is no longer a matter of the medical condition itself — you can never prepare for that.  Rather, it is to prepare for the next step: Of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law and take the next and necessary steps in order to prepare for your future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The “uh-oh” moment

They come in various shapes and sizes; sometimes, the “moment” is just after something is said and regret begins to insidiously creep into one’s conscience, knowing that the statement made will come back to haunt.  At other times, it is an event, perhaps beyond one’s control, and the seismic shift of tectonic undercurrents cannot be avoided or ignored.

The calamity comes in sizes and shapes — not necessarily of geometric proportions or dimensions — but of the “shape” of the mistake and the “size” of the mishap, and in comparison to whether or not damage-control can actually be effectuated.

Perhaps it is a simple walk in the forest and you become lost in thought; you look up and realize that you have wandered off from the rest of the group and you have no idea where you are.  You look up at the sun and try to remember whether, as a Tenderfoot or some level of a past Boy Scout, you can recall the position of the sun —or was it the stars?  With no compass and no inkling of what to do, with the grumbling groans of a stomach beginning to fester with hunger, you say to yourself under your breath,”uh-oh.”

Or, you are at some gathering and your boss is standing within earshot and a woman is speaking rudely and obnoxiously at some servers and you say, without thinking, “Who is that obnoxious person speaking so rudely?”  There is silence.  It turns out to be the boss’s wife.  The boss looks at you, and you know that any future promotions, any chance of any advancement of any sort with this company will be obstructed by this person who has sworn to be your enemy forever — even though, in the silence bespoken of everyone standing around, what you said was true and irrefutable.  You mutter to yourself, “uh-oh” — for, even though truth may be a shield against most ills in life, the one time it will not protect you is against a boss who must defend his maiden’s honor.

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 job or position, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It is a complex process and one where — if attempted without the guidance of an attorney who specializes in Federal Disability Retirement Law — may be replete with multiple “uh-oh” moments of various shapes and sizes.  Perhaps such “uh-oh” moments will not be like the seismic calamities of being lost in the forest, or even of offending the boss into becoming an enemy-for-life; but as OPM is known to nit-pick and try everything to deny one’s Federal Disability Retirement application, it is best to try and minimize every “uh-oh” moment so that the “uh-oh” is instead replaced with its corollary: “uh-huh”.

Sincerely,

Robert R. McGill, Esquire

 

Help with OPM Disability Retirement: Wintertime flowers

What do you tell a young child who tries to plant seeds in the fall, and when asked about the activity, responds, “I want flowers for the winter and am planting them now so that they will bloom by the time the cold comes”?

Do you: (A). Laugh and tell the child that he or she is being foolish, (B) Explain to the child that flowers don’t bloom in the wintertime, (C) Direct them to the proper plants that will produce the intended effect or (D) Let the child discover for him or herself as to whether such an effort will have any positive results?

Clearly, options A and B would not assist the child in learning and advancing one’s knowledge of the world (Answer B, while generally the case, ignores the greater effort required in explaining that some flowers do, indeed, thrive in the dead of winter or, alternatively, that this particular region is not conducive to certain plants); and choice D, while perhaps allowing for a greater lesson to be learned — may instead attain the wisdom of the harsh reality of the world through explanation and discussion.

Explanation and a proper understanding of the circumstances, context and limitations of one’s activities in light of the surrounding universe is the key to gaining wisdom and knowledge.

Given that, Choice C would obviously be the “best” option towards greater understanding.  Thus, it is not merely the vacuum within which what one is doing that matters; rather, it is the effective interaction between one’s activities with the greater world beyond that produces a balanced comprehension of one’s place in the universe, how one can be effective and even influential.

Camellias are wintertime flowers that continue to thrive despite the harshness of the environment; whatever the genetic make-up that allows it to remain in bloom while others wither or die, their hardiness in environments others hibernate from and shun is a testament to the reality that, indeed, there are such things as wintertime flowers.

That is sometimes a difficult reality and lesson to learn — for we too often categorize times of our lives in similar ways: In extremes where it is an “all or nothing” proposition.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal employee to perform one or more of the essential elements of one’s Federal job, it is important to understand that the end of a Federal or Postal career does not necessarily mean that it is an “all or nothing” proposition.

There can be life even in the wintertime of one’s career; for, Federal Disability Retirement allows for the individual to work in the private sector, the state, county or municipal job, and continue to receive the OPM Disability Retirement annuity, so long as you remain under 80% of what a person’s former Federal Salary pays, and to the extent that it is medically justifiable that there is a distinction between the former Federal job and the non-Federal job.

Like wintertime flowers, you just have to find the right circumstances in order to thrive in the season of your life.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

 

Early Medical Retirement for Federal and Postal Employees: Like the Wind-Up Toys of Childhood Yore

They were innovative creations, precursors of the digital age and battery-powered contraptions.  The disadvantage, of course, was in the limitations imposed by the length of the coils allowing for winding, releasing, then causing the movement; and so the appearance of independent animation lasted merely for the duration of the internal mechanisms and the capacity allowed by delimited space, time and mechanical release.  Like the belief in the invisible thread gently pulled by gods and angels designated to protect, the mechanism of innovation in propelling wind-up toys lasted in limited form.

For Federal employees and U.S. Postal workers who feel as if they are mere pawns and wind-up toys, the sense of limitation is self-imposed through continuing in an environment which fails to foster or  remain intrigued.  The child who spent hours winding up the fascination of one’s imagination, watched the toy engage in its repetitive movements, but never lost the focus and concentration and ongoing relishing of delight in a simple contraption, is like the agency who once catered with loyalty and encouragement to the needs of the Federal or Postal employee.  But the medical condition which begins to prevent the Federal or Postal employee from performing all of the essential elements of one’s positional duties, or requires greater time and effort, is like the reaction of that same child who loses interest because of the broken toy which fails to provide the pleasurable interests engendered and fails to give thought of repair or redemption, but merely of replacement.

When the commonality of childhood dismay and adulthood crisis converge as parallel universes of clashing calamities, then it is time to consider 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.

Filing for FERS or CSRS disability benefits, for the Federal or Postal employee, is a time of reckoning; of understanding what one’s medical condition has portended; how it has impacted one’s place in the Federal agency or the U.S. Postal Service; and where events and circumstances have lead one to.  And the time to file for Federal and Postal Disability Retirement benefits is not when the coils of the wind-up toy gives out, but long before, when the fascination of childhood innocence still tickles the glory of inventive interest in the world around, lest the spark of humanity be stamped out forever like the brokenness experienced with the stoppage of inner workings of the wind-up toy of childhood yore.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Chasm Between Sanity and Twilight

Sometimes, there are moments of clarity where one is left with wonderment at the behavioral folly of individuals, organizations, and groups of collective consciousnesses (what an untenable word — the pluralization of that which ends in what appears to be the plural form of the noun).  Whether one agrees with the Supreme Court’s holding that corporations should be treated as “persons”, the fact is that organizations act in collective aggregates in similar manners as individuals and amoebas.

Group-think, herd mentality and symbiotic consciousness of behavior is not unfamiliar to us all; for Federal and Postal employees who suffer from an injury or disability, and where the medical condition leads the Federal employee or the U.S. Postal worker to file for Federal/Postal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether that Federal worker or Postal employee is under FERS, CSRS or CSRS Offset, it is a fairly routine matter that engagement with one’s agency can be characterized as one of workplace hostility, unpleasantness or unfriendly separation.

Why this is so; what bonds of loyalty become severed merely because the Federal or Postal employee expresses an intent to terminate the employment relationship as a consequence of the onset and intervention of a injury or chronic condition; and how the contextual animosity develops into a flashpoint where the Federal agency or the U.S. Postal Service believes that it must initiate adverse actions or punitive measures; these are all wrapped up within the conundrum of complexities which characterize the human condition, and that is why organizations and organic aggregates of individuals comprise a compendium of human behavior.

It is, in the end, an unexplained and incomprehensible phenomena; what it is; how it can be explained; where one goes to for enlightenment; these questions must be relegated to the dark corners of behavioral recesses within those chasms between sanity and twilight.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Attorney: Formulating the Effective Case

Is it inherently presupposed that a case to be formulated is one which should be “effective”?  By the insertion of that term, of course, it immediately implies a retrospective vantage point — an “ends” to “means” view of an outcome-based approach.

If a Federal or Postal employee who files for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, receives a denial from the U.S. Office of Personnel Management, one assumes that the case was not “effectively” formulated.  On the other hand, if an approval is received from OPM, one need not consider any such issue, but merely moves on to the “when” phase — as in, “When am I going to get paid“?

Outcome-based formulation of a case is never an unwise approach; but the mere fact that a denial is issued by OPM after reviewing a given Federal Disability Retirement application, does not mean that the case itself was not originally “effective” in the formulation and submission.

There are OPM “administrative specialists” who systematically deny cases; certain others who require a higher standard of proof beyond what the law mandates; and even those who extrapolate clear evidence in a denial which establishes eligibility for Federal Disability Retirement, but nevertheless concludes with a disapproval.  Such arbitrary outcomes may seem unfair and unwarranted, but it is a reality which must be faced.

In light of this, the positive outlook to embrace is the fact that Federal OPM Disability Retirement is an administrative process with multiple stages for appeals and additional bites at the proverbial apple.

From the outset, it is always a good idea to carefully prepare, formulate and file an “effective” case; but the mere fact that the first attempt fails to achieve the outcome desired, does not diminish or extinguish the positive assessment reached at the outset when first the OPM Disability Retirement packet was submitted; rather, it just means that additional proof and evidentiary addendum must be forthcoming to satisfy the bureaucratic process of further effectuating the efficacy of an already-effective case.

Sincerely,

Robert R. McGill, Esquire