Tag Archives: administrative law fers lawyer

OPM Disability Retirement Law: Of the Bad Today

One often pauses in today’s climate and asks, Is it worse, today?  Is the “badness” more prevalent today than in epochs past?

Then, the pause and the question itself must be contextually “filled in”, like the gravedigger who digs a rectangular hole but stops and asks the absurd question, “What if there is no body today?”  Then, of course, you are digging a hole just to dig a hole, and the entire context and purpose suddenly disappears.  So, what is the context?  Well, for starters, Worse in what way?  And worse, for whom?

Certainly, if you were in prison at Auschwitz in 1944, there is no comparison worth making.  Or, if you were a Native American forced from your ancestral home to march the Trail of Tears, or an American soldier on the Bataan Death March in 1942 — surely, the “badness” perpetrated upon those people (answering the 2 questions, For Whom? and, Worse in What Way?) cannot compare to today?

And, in retrospect, it may be that America reached its pinnacle as a world power sometime during the 2 decades after WWII; for, surely there was no greater world dominance than the American specter following the Allied Victory against both Japan and Germany?

But even then — of the 1950s and early 1960s, the question still looms, For Whom?  Many African Americans who fought bravely in WWII thought that, having faithfully served their country against the forces of fascism and Germany’s genocidal racism against the Jewish population, surely — this time — things were going to change “back home”?

But no, they found that the post-war economic boom was not all inclusive, and that they would have to fight not only Nazi Germany and Imperial Japan, but within the borders of their own country, just to reach some status of equality.  And so we turn full circle and ask, Of the Bad Today, was it ever this bad?  Well, it depends….

For Federal employees and U.S. Postal Service workers who suffer from a medical condition where that medical condition no longer allows you to to continue in your Federal or Postal career, the Bad of Today has been your chronic and debilitating medical condition, and yes, it is worse than the Bad of Yesterday — if only because you are no longer the young and healthy whippersnapper you once were.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and let not the Bad Today extend into the badder of tomorrow.

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 Disability Retirement: The Age of Folly

The Age of Folly is in contrast to the Age of Reason, the Age of Discontent, the Age of Serious Wonder, the Age of ….  But of modernity: We live in the Age of Folly.

A recent Wall Street Journal article spoke about ways to try and interest a child who is a “gamer” to read books — an endeavor which, in former times, would have been a “given”.  Entice him with books of action!  Try and find books which cater to his interests!  Really?  How about: Books represent the richness of our culture; they open the pathway to a successful life; they expose us to a world beyond, and educate us about the world in which we abide.  Perhaps, restricting “game time” and saying “No” to the child’s every want is the better first step.

Time was, not so long ago, that we had a shared set of values — through the common reading of great works.  Can a city kid have empathy for farmers who struggle?  Yes, because we all read Steinbeck’s, The Grapes of Wrath.  Does a Midwestern Farmer have any knowledge about fishermen?  Yes, because we all read Hemingway’s, The Old Man and the Sea.  Did the Northerner have any idea about the South?  Yes, because we all read Faulkner.  And did the Southerner know anything about their Northern neighbors?  Yes, because we all read F. Scott Fitzgerald.

But we no longer read.  And so we live in the Age of Folly, lost in our Smartphones, forever brandishing opinions on Facebook, Twitter and Social Media.  That is often how Federal and Postal employees who struggle with a medical condition feel about the lack of empathy by their coworkers and supervisors — an Age of Folly where empathy no longer exists, and the attitude is one of:  So what?

Consider preparing an effective Federal Disability Retirement application under FERS, and get away from the Age of Folly where others seem to have absolutely no understanding of your life, your situation or your problems beyond the nose extending 2 inches from the flat surface of their faces.  Contact a retirement attorney who specializes in Federal Disability Retirement Law, and perhaps you will be able to escape this cauldron entitled, The Age of Folly.

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: Making Innuendoes

OPM is always looking for a motive.  It is like they are criminal prosecutors at the Justice Department, trying to always find some nefarious reasons as to why a Federal or Postal employee is filing a Federal Disability Retirement application.

Take, for example, one recent case which comes to mind: An individual was filing for Federal Disability Retirement application.  The Applicant’s spouse traveled a lot, and so the applicant had to switch doctors often.  The applicant had his/her brother oversee the medical treatment because of the lack of continuity in medical care.  When it came time to file for Federal Disability Retirement benefits, the brother wrote the medical report.

The case went before the U.S. Merit Systems Protection Board and, within the Agency File were a series of emails sent between OPM Medical Specialists questioning whether this was a “fraud” case and expressing suspicions over why the applicant’s “brother” would be writing a medical report, etc.  At the Hearing of the case, of course, the brother — a medical doctor of longstanding stature — testified up front and bluntly: Yes, I am the brother of X, and I oversee the treatment regimens because of the lack of continuity of care, etc.  Factual, straightforward, nothing to hide.  But not for OPM, who is always looking for nefarious motivations and making innuendoes even though there is no basis for it.

Contact an OPM Disability attorney who specializes in Federal Disability Retirement Law, and counter the suspicious and unfounded innuendoes which OPM is apt to make — even in those cases where there is a simple and straightforward explanation, if only OPM would listen.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: Who we are

The “I”, of course, always dominates; but the two cannot be separated, for they are inevitably interlinked and intertwined in the consciousness of our collective selves.  And so the “we” is subsumed by the “I”, and the “I” cannot effectively be distinguished from the “we”.  Who we are is inextricably aggregated with who I am; who I am is a product of who we are.

That is why the loner is distrusted in society; the maverick who does things his or her own way is a threat — unless that loner accomplishes something in life so irrefutably magnificent that we cannot but embrace him or her as the paradigm of a virtue we wished we had first thought of.  Whether by burning jealousy or with disdainful pride, we then go on and watch to see if that loner will not self-destruct, then relish the thought that, all along, we were right in predicting that the outlander was the scum of the earth, anyway.

Who we are — we want always to be able to distinguish ourselves from the pack, separate one’s self from the fold and glow in the spotlight away from the herd; and so we lose ourselves in the soliloquy of our inner worlds where the universe of the self-conscious “I” can imagine of heights and pinnacles that others will never see.  That is why virtual reality is so infectious; why the perfection reflected in Instagram photos and Facebook postings is so insidious; for, though we give lip-service to the proverbial “village” or wanting to belong to a certain cohesive society, we reservedly display all of the characteristics of desiring out.

It is, in the end, the “forced out” that is most intolerable, and 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 when harassment by the herd, antagonism originating from one’s Agency or the Postal unit, and workplace hostility initiated by one’s coworkers and supervisors — it is then that the necessity arises to bifurcate and differentiate by preparing, formulating and filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

For, it is no longer a matter of “who we are” — because you are no longer one of the “team” because of your medical condition.  Instead, it is who “I” am — to look after your own best interests, by preparing, formulating and filing an effective Federal Disability Retirement application, and consulting with an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The river of life

The evocative images of such a metaphorical phrase are immediately understood by most.  As in challenges we all face throughout life, a river snakes across different and foreign terrain; in some seasons, a drought may dry up the vibrancy of the river, while in times of plenty, flooding and overabundance may occur.

There are periods of swift currents, and days of lazy haze; and underneath the calm exterior is an underworld of activity and blur of living, both of tumult as well as those timeless memories forever remembered, and it is precisely the paradigm upon which Heraclitus staked his perspective upon with the statement that “No man steps in the same river twice.”  For, indeed, the essence of the universe is one of ever-present change; it is the one constant in a life filled with unpredictable indifference, of inchoate beginnings that never lead to any fruition; of trials encountered without reason or rationale; and the river of life leads us through the mountaintops of emotional pinnacles and down into the depths of a valley so dark that despondency fails to reach the eternal chasm of sadness undefined.

Streams flowing into rivers; unexpected tributaries swallowing up the nameless and uncharted waters; and of snowcaps that melt and flow without fluidity of purpose, so life brings about such challenges, engagements and unexpected face-offs.  What are we to make of this river?  What to do in this life?  Must we always be defined by accomplishments, or can the value of a human being be sufficient by reason of a self-fulfillment of an ego’s search?  Is it truly the person who has amassed the greatest amount of “stuff” who is considered the “winner”, and does the river of life grant any greater significance, relevance or meaning to the quantifiable monetary value than to the man who dies penniless?

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates the Federal or Postal worker into preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, such questions embracing the river of life can be daunting, obsessively important, and awakening of a spark in the deeper recesses of one’s forgotten past to come to the fore.  Why?  Because medical conditions force a prioritization of values, meaning and relevance in one life; and, indeed, that is the foundational essence of every river of life – of what we believe; that we believe; and for which we believe.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Profiles in Discourage

It is, of course, an obvious play off of the 1957 Pulitzer Prize winning work (publication date of 1955), describing 8 U.S. Senators who displayed courage in the face of criticism (an inherent oxymoron?).  Whether or not, and to what extent, Kennedy himself wrote the work (Ted Sorenson, John F.’s speechwriter, finally conceded in his 2008 autobiography as much) has become historically irrelevant, for the legend has become the man, and has replaced the truth of clear lines that once constituted the demarcation between fantasy and reality.

Ancient references to “Camelot” and metaphors about some obscure “torch” being passed through a generational transfer of linguistic fluff, have all cumulatively obscured the stark nakedness of that which makes people and events accountable.  The irony of real life always goes well beyond any fictional attempt to deceive; at least, by designation ascribed, we know what to expect of the latter; but then, there wouldn’t be anything like irony without the absurdity of the former.

Look at the recent allegations of the murky money-trail from Malaysia as the source of funding for the movie, “The Wolf of Wall Street”; how much more deliciously ironic can it get, where a movie depicting blatant corruption is paid for by the very manner in which the moguls of Hollywood are allegedly attempting to make a point about?  What prompted the short-cutting which undermines the title of the work credited to the 35th President?  Is it merely the old adage that the “ends justify the means” — and that not writing a work but claiming its authorship is allowable because the greater good of fame and the road to the presidency will account for such deception?

It is, in the end, the title itself which makes for the irony; for, in a work which describes the integrity and character traits of the subjects within, it is precisely the lack of such which presumes a contradiction without.  And that is the connection with Federal employees and U.S. Postal workers of today — for the entities which employ them represent the “official” face of this country, and yet the way they treat Federal employees and U.S. Postal workers when Federal employees and U.S. Postal workers suffer from a medical condition, such that the medical condition prevents him or her from performing all of the essential elements of the Federal or Postal position, reflects upon a discernible and palpable profile in discouragement (the suffix is added to make the sentence grammatically correct, although poetic license has been taken in the caption of this blog with the title, “Profiles in Discourage” in order to remain consistent with its alter-ego of the work by JFK and Sorenson).

One could argue, of course, that because there is the statutory right of all Federal employees and U.S. Postal workers to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, therefore any maltreatment or mistreatment of a Federal or Postal worker based upon the medical condition becomes a moot issue.

But that is precisely the point — treatment of the Federal employee or U.S. Postal worker in the process of engaging the long and arduous bureaucratic process of filing an OPM Disability Retirement application, should reflect an integrity of cover-to-content.  For, in the end, it is not the cover, nor the first impression which matters, but like the historical characters which are insightfully described in the book itself, the title should always match its claimed authorship.  But, then, of course, we would be left without the delicious irony of man’s daily folly.

Sincerely,

Robert R. McGill, Esquire

 

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 Disability Retirement: The Alliteration of Life

Cathartic calamities caused creatively cannot cooperatively contain characteristic contents clearly coordinated contumaciously.  Sometimes, the insistence upon form can result in the nonsensical loss of clarity in substance; life often reflects the absurdities we establish by convention and societal imposition, and we pay the price for it.

Life is like being a letter in a series of alliterative words; we are helpless in being attached, but cannot dissociate ourselves, separate one’s self, or otherwise excise the offending aspect.  We are forever wedded like the proverbial two peas in a pod, with an incessant but futile search for a seam to burst out.  The problem, too, is that it may all sound proper and profound; but beneath the surface of consonant melodies and mellifluous motions of letters harkening back with pleasantries of sound, sight and solace, the reality of it is that the emperor with no clothes needs to be called out, lest the closeted secrets remain dormant.

Medical conditions tend to make of life an alliteration of sorts; squeezed between the implanted word in front and crushed by the one behind, we are left without choices in being a pawn in the cycle of life’s fate.  Like the word that sounds melodious as it rolls off the tongue of the creator, we keep trying to fit in despite the absurdity of the substance and content.

For Federal employees and U.S. Postal workers, such a metaphor of life is well-known.  Despite being stripped of dignity and design, the Federal or Postal worker suffering from a medical condition is treated as half-human, half-worth and half-baked.  They are relegated to the corner office, the basement of windowless reserves, and raked over the proverbial coals to perform menial tasks meant to humiliate and defeat.  But it all “sounds nice” — the courageous attempts by the agency to accommodate; the superficial empathy shown by supervisors and managers; it is all meant to soothe.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often seen as just another daunting task, an obstacle placed in front of the already-stretched limits of the Federal or Postal employee; but then, what choices are there?

Like the alliterative words caught between others just because of the consonant attached, the Federal or Postal worker with a medical condition represents the alliteration of life, and preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is merely another reflection in the pond of life, provided productively as previous payment portending possible potentialities progressively purchased.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: The Structural Problem

It is what we never want to hear, and fear most:  that statement from an “expert” who informs us that it is a “structural problem“.  Not cosmetic; not superficial; not unessential; but that word, concept and image which goes to the very heart and foundation of the damage:  the center of the universe.  When the damage occurs there, and the rotting vein of progressive deterioration touches upon that central nervous system, then it becomes “structural”, and all of the rest may come falling down in a sudden dustheap of crumpled carcasses.

So long as it involves only the peripheral concerns, we keep telling ourselves that it doesn’t matter, that the foundation is still solid and they are mere extremities of lesser concern.  We do that with pain and other irritants of life.  And with medical conditions that don’t double us over or completely debilitate us.  So long as there remains a semblance of structural integrity left, one can go on and continue without regard to the symptoms which become telltale signs of impending doom.

For the Federal employee and the U.S. Postal worker who has arrived at the point of finality where one can no longer just venture forward, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the best remaining option.

We wait because it is in the very nature and essence of procrastination that the inevitability of ignorance, neglect, disregard and sidestepping can delay the confrontation with that which we fear to know, refuse to acknowledge, and take comfort in detracting from the encounter with the truth of established verifiability.  As with science, the flat earth, and the view from a geocentric universe, no one wants to be told that there is a structural problem.

Too often, the Federal and Postal employee who finally comes to a point of needing to admit that preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is and has become a necessity because he or she has worked until the last straw was placed on the back of the proverbial camel.

Medical conditions announce harbingers of events to come, by symptoms calling for attention and attentiveness.  While the news from the architect that the problem is a “structural” one may not be welcome, it was always an indicator that the inevitable was on the fast-track of necessity and predictability; we just turned our heads aside in hopes of another day.

Sincerely,

Robert R. McGill, Esquire