Tag Archives: accommodating non work related injuries in federal employment is difficult to get but then you have the option of disability retirement under fers or csrs

Federal Disability Retirement: The Value of Complaint

The older generation would probably disagree.  For, complaining about anything in this world “never gets you anywhere”, is the refrain often heard from a generation which endured the Great Depression, a World War, the Cold War, nuclear threats — and, more recently, of global terrorism.

And where did “complaining” get us?  Nowhere.  Government keeps getting bigger and bigger, more intrusive into our lives, while the services offered become less efficient.  Things always seem to get worse, over time, despite promises of greater efficiency and openness.

Yet, there is a value in complaining — at a minimum, of simply releasing the pent-up frustrations amassed through standing in long lines, inability to get through to a live person on the telephone, and a myriad of other frustrations and withheld, repressed irritations.  Complaining also has the value of letting your concerns be known to others.

There is, of course, a “fine line” between complaining (a negative connotation) and expressing one’s “concerns” (a valid, more-acceptable linguistic contortion that is somehow a “positive” engagement).  Perhaps it has to do with the accompanying tone of voice, facial expression, or just the plain fact that if the listening individual likes you, then you are expressing a concern, but if he/she decides to not like you, then you are “complaining”.

For Federal employees and U.S. Postal workers who are considering filing an effective Federal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management, “complaining” is a necessary component in preparing an effective Federal Disability Retirement application.  For one thing, you need to — at a minimum — have some documentary proof of your health complaints (i.e., have a history of medical treatment).  Moreover, it is often helpful if your agency knows of your health concerns (here we go again — a more “positive” way of putting it).

And when you are ready, call a Federal Attorney who specializes in Federal Disability Retirement Law, and begin to complain to him about the complex bureaucratic process of preparing, formulating and filing an effective Federal Disability Retirement case.  And as to the value of complaint?  I promise to listen.

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.

 

OPM Medical Retirement Benefits: The Inadequacy of Language

Adequacy is determined by comparing the expectation of fulfillment to the reality of what occurs.  For a short period of time in the history of human existence, adequacy was met — for, language as a tool of communication was successful in conveying commands, following simple instructions, purveying uncomplicated thoughts, relating oral traditions of historical facts, etc.

As life became more and more complex, of course, language had to keep up in order to accommodate the greater need.  The development and evolution of language has certainly become more complex, and the discipline of philology reveals such evolving complexities — but the question always remains, Is language adequate?  And the follow-up question by necessity: Adequate for what?

One might avoid the question by criticizing the vehicle of language, of course — that in the end, language is adequate, but it is the speaker of a language whose inadequacy is revealed by the inefficient manner in which it is applied, the inability to choose or recognize the right words, etc.  In the end, it is likely both — for, even a lifetime of studying one’s own language is often not enough to be able to describe the inherent complexities of the world in which we live, especially given the technological expansion in modernity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates contemplation of preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management under FERS, make sure that you recognize: (A) That such an application for Federal Disability Retirement is first and foremost a paper presentation to OPM and (B) that conveying the severity and extent of your medical conditions must by necessity be through the expertise of linguistic formulation.

As such, it is often the inadequacy of language which will determine the success or failure of an OPM Disability Retirement application.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that the inadequacy of language is not to your disadvantage.

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 for Civilian Federal Employees: Necessity by Choice

There are always options; it is just that, because some of the alternatives presented are either unfathomable or illogical, we deem them to be “not” viable choices to consider.  The necessity of filing for Federal Employee Disability Retirement under FERS is often viewed in that manner: It is a necessity — yes, by choice, but only because all other options have become untenable.

The Federal employee or U.S. Postal worker does not come to making such a decision because he or she really has any other say in the matter.  Staying at the job with the deteriorating condition is really not an option.  Simply resigning and walking away with nothing to show for all of the hard work expended is unthinkable.

There are, for the few fortunate, the choice of an early retirement, or having reached that MRA crossroad; but such choices are limited and often not economically viable.  And so the necessity by choice must be faced: Unable to continue in the job because of a medical condition, OPM Disability Retirement is the only option left.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal or Postal Disability Retirement application because the necessity has prompted the choosing of the only viable option left.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Wishes We Wish

People wish all the time.  Whether implicitly through fantasy or daydreaming, or explicitly by prefacing the thought with, “I wish that…” — the wishes we wish are often more revealing than the act of wishing itself.

Are humans the only species which projects upon things not possessed?  Do other species wish for things, circumstances, events and relationships that are not?  Does it border upon insanity to wish for things that are clearly outside of the realm of probabilities, or is it a healthy engagement of one’s time to daydream, wish, imagine and hope for?

Is there a distinction with a difference between a wish and a hope, a fantasy and a wandering daydream, or between a concocted reality and the miserable circumstances within which one exists?  If the difference is between containing one’s wishes within the privacy of one’s mind — on the one hand — and “acting as if” the wish itself is reality, on the other, then the boundary between sanity and its opposite is thin indeed.

Here’s something that tells us much about ourselves: Do we wish for things for ourselves, or for others?  Do we wish for extravagances — like a yacht, a vacation or a revitalization of a lost relationship — or something more mundane, like good health?

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, the wishes we wish may be common, understandable and mundane — of getting one’s health back.  And while Federal Disability Retirement may not result in better health, it allows for a Federal or Postal employee to extricate one’s self from a workplace situation that only increases the stresses upon one’s health because of the constant worry about being unable to perform the work assigned, and to instead focus upon one’s health and well-being.

In the end, the wishes we wish need to conform to the reality we find ourselves in, and for Federal employees and U.S. Postal workers who need to file for Federal Employee Disability Retirement, you should contact a Federal Disability Lawyer who specializes in FERS Disability Retirement Law and allow for some wishes to turn into a reality.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: The Use of Language

Some are better at it than others; others, still, can state in a single sentence what most will try in a paragraph or a novel.  Poets are linguistic craftsmen who utilize an economy of words but convey the greater qualitative vehicle of descriptions and word-pictures; and essayists, confined often by space limited by editors and restricted by practical concerns, not the least of which may involve the potential boredom or attention-span of readers, must by necessity struggle with clarity of content.

The use of language is a funny thought; for the best of those who engage in it effortlessly, the ideas, concepts and descriptive pictures conveyed is accomplished without concern of the process, but merely by “doing it”.  Language is something we use daily; yet, few of us pause to consider it as a tool or implement of our daily lives.  A gardener who has mislaid his or her spade will look for it and, if it turns out that it is lost, will declare, “I cannot go out into the garden to work, today.”

Do we do that with language?  Do we wake up and say, “Well, today, I mislaid my X, and therefore I cannot engage in the language game.”  Of course, we refer to language as a “tool” in a metaphorical sense, and so we recognize that there are practical distinctions to be made between a spade and language, but nevertheless, they are both “tools” which are used — or misused — in our everyday 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 his or her Federal or Postal job, the time to consider the use of language becomes an important and relevant issue precisely because persuasion, description and argumentation are what must be engaged in presenting an effective Federal Disability Retirement application to the U.S. Office of Personnel Management.

Consult with an attorney in preparing, formulating and filing an effective Federal Disability Retirement application with OPM; for, in the end, the use of language will be necessary in maneuvering through a complex bureaucratic process that also uses language to deny one’s right to a benefit which must be fought for, and language is just as much a tool of use as it is a weapon of abuse.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Human Nature

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs.  For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle. Dangerous Animals” or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature.  What is it?  We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them.  We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake.  Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list.  But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

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 issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise.  As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Looking After Yourself

All of our lives, most of us look after others.  Sure — there are those who are self-centered, egoistical, and selfish to a point of absurdity; but the rest of us find value in caring for others, or of working towards something else, at the expense of our own “whatever”.

There is much talk these days about joy, happiness, contentment, etc.  Gone are the days where you should do “whatever makes you happy” — for one thing, the economy isn’t good enough to embrace such a philosophy.  For another thing, it is often impractical for the art of living to simply pursue one’s desires.

We work for others; we do things to please others; we even accede to another’s wants and needs; and perhaps, in a perfect world, if everyone did things for others, it would mean that everyone’s needs would become satisfied because everyone else is also looking after yourself.  But that approach to life works only in a perfect world; whereas, much of modernity proves the opposite: If you don’t look after yourself, no one else will.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent you from performing one or more of the essential elements of your job, it is high time that you began to look after yourself, and not worry about your Federal Agency, your coworkers, your Postal Facility or anything else.

Health is of paramount importance.  Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing an effective FERS Medical Retirement application in order to begin looking after yourself, for once.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Benefits: Philosophy of Life

Is it necessary to have one?  Does one ever begin this process of organic expansion with a conceptual paradigm which encapsulated the activities, movements, thought-processes and decision-making judgments that, in their aggregate, define a person’s “Philosophy of Life”?  And if we all have one, when did we subscribe to it, create it or “own” it?  Or is it all just some pithy mandate which we follow — you know, some line here or there that we picked up, either from a book, a movie, some T.V. serial, or even from some bartender who likes to mete out wisps of wisdom to those half drunk?

“Joe’s philosophy of life is to never trust anyone.”  Or: “Kim — she just believes that you should finish whatever you began.”

Of course, if you went to college and took that “Introductory Philosophy” course, you received a Reader’s Digest version of various philosophers, and perhaps came upon Seneca, the Roman Stoic, whose attempt to bifurcate the physical world from one’s inner soul has become popularized in modernity; and perhaps there are those who have grasped upon a coherent or systematic philosophical paradigm such that one actually possesses a “philosophy of life” —but few of us are organized enough to have that and, even if we did, how many of us actually follow our own philosophy of life?

Most of us just struggle through and meander, responding from one mini-crisis of life’s travails to the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where that medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal job, it is not a “philosophy of life” that will help you survive the bureaucratic process of preparing, formulating and filing an effective Federal Disability Retirement application, but rather, correct knowledge, helpful information and a plan of attack.

Consult with an attorney who specializes in Federal Disability Retirement Law before initiating the process.  And, after obtaining your FERS Disability Retirement benefits, perhaps that will be the time to begin to formulate your Philosophy of Life — that is, the life beyond Federal employment.

Sincerely,

Robert R. McGill, Esquire