Tag Archives: appeal stage federal disability lawyer

OPM Federal Disability Retirement: Not Unhappy

There is the state of “being happy”; conversely, of “being unhappy”; but what of the neutral sense?  Can you be in a state of “being not unhappy” and, if so, what could it mean?  Is it a neutral mood — sort of like an emotional purgatory where you are neither happy nor unhappy, but of a state of measured deliberation, where most of us are throughout the greater slice of our lives?

Modernity demands the first; to experience episodes of the second state of emotional constitution is to somehow have something “wrong” going on; for, the cottage industry of “be happy” is devised to manipulate and commercialize a state of natural being which has been artificially characterized as a “negative”, and given the greater multitude of herd instincts and the inculcated belief that there is something wrong if you are either “not happy” or “unhappy”, it goes without saying that any “neutral” state of being is likewise unacceptable.

Yet, most of life is of a state of medium; and the archaic, arcane Western Tradition of the Aristotelian “middle way” — where neither extremes of emotions are the preferred stage, but rather, a governance of the appetitive nature by the intellect and reason constitute the near-perfect character — has long been abandoned, and now deemed unattractive.  But reality, in the end, has a way of creeping back into our lives, and the state of being “not unhappy” is where most of us remain, cottage industries of “being happy” notwithstanding.

For Federal and Postal employees who are unhappy, and wish to get back to the purgatory of humanity by being not unhappy because of a medical condition which impedes and interferes with his or her life, both professionally and personally, it may be necessary to consider filing for Federal Employee Disability benefits under the current Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management.

Neither chronic happiness nor persistent unhappiness are the natural states of Man; rather, the goal is to reach that purgatory of emotions — of being not unhappy — and it may be that, to reach that state of being, Federal Disability Retirement is an option to consider.

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 Law: Selective Knowledge

The universe of information is limitless; thus, we have no choice but to selectively choose what knowledge to garner, use, apply, store, etc.  Furthermore, not all knowledge is equivalent; and, even if relevant or significant, may not be of any use to a given individual.

Additionally, knowledge is a funny animal; some slices of knowledge may be desirable to one person, but entirely dismissed by another as being frivolous or trivial — which, of course, for some others, “trivial” or the root word, “trivia” is precisely the type of knowledge which is desirable.

Thus do we meet a wide spectrum of people, both knowledgeable and ignorant, or an admixture of both:  Some are precise and take pride in the sourced information; others believe that informational sources are merely a distraction and all of that is merely bosh; we can just speak as if we have knowledge, form opinions without much knowledge at all, and do it all with self-confidence, ending up with a generation of know-it-alls who merely Google the information when asked for any specificity.

For, modernity is not about memorizing by rote-learning, anymore, but about one’s self-esteem and how one “feels” about one’s self; in other words, a generation of ignoramuses.

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, knowledge about the laws governing the Federal Disability Retirement process is both relevant and significant.  And, while it is not limitless, it is nevertheless complex and complicated.

Instead of trying to make sense of the universe of information in the Federal Disability Retirement arena, contact a FERS Disability Attorney who has selectively garnered the knowledge specific to Federal Disability Retirement, and applies it knowledgeably, fruitfully, artfully, professionally, relevantly, and with the greatest of care.

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 under FERS: Societal Paralysis

At every turn, society seems to have become paralyzed.  Nothing seems to “work”, anymore — and fear abounds, whether about the collapse of moral norms and the ethos of behavior, or in the bureaucracies of government.

Perhaps it is just a perception — of having been constantly fed a steady diet of dystopian novels, movies and video programs, and we now are paying the price where virtual reality feeds upon a dim-lit perspective embracing such a viewpoint, and further self-actualizing such a perspective.

The national debt grows; subversion of government seems to be embraced by half of the population; and the basic foundations of society often appear to lack the focus of a goal-oriented character.  In the end, we seem to be left to our own devices.  Of course, the macro is merely the aggregation of the micro, and so societal paralysis is merely the compendium of individual inability.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition paralyzes one from continuing in one’s Federal or Postal career, the option to prepare an effective Federal Disability Retirement application under FERS is a consideration and step forward beyond the paralysis of individual inaction.

The U.S. Office of Personnel Management is alive and well, and exists in order to subvert and stop a Federal Disability Retirement application — another form of societal paralysis, where one is prevented from gaining a benefit for which one is entitled to.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and don’t let the societal paralysis abounding to prevent you from asserting your individual right as a Federal or Postal employee to a benefit which should not be impacted by the greater societal paralysis.

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 for Federal & Postal Employees: Identity

One day I woke up and looked in the mirror, and realized that I was no longer the person who I thought I was.”

Is this a line from a novel?  Or, perhaps a thought which so many people have considered?  Or even a universal realization which comes as no surprise to anyone.  Who am I?  Who are you?

Do such queries become satisfied by taking out one’s driver’s license and declaring, “Here. This satisfies the question.  This proves it!”  Yet, somehow, we all know that it doesn’t.

People who search for their family “tree”; the uptick of businesses which match one’s DNA to various geographical markers; the rummaging through old photo albums, cellar chests and basement hideaways which might reveal something more than the rat race of paying bills — we all seek relevance in a universe which considers identity to be besides the point.  And when an event further diminishes one’s identity, what then?

For Federal employees and U.S. Postal workers whose identity has been inextricably tied to one’s job, position, career, etc., within the Federal government or Postal Service, filing for FERS Disability Retirement may be a traumatic but necessary next step.  It is always difficult to part ways from one’s identity as a competent working-X; but it may be necessary, precisely because the medical condition no longer allows you to remain attached to that identity.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law, and consider the future and what identifiable identity you wish to pursue in the years to come.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Simulated Life

We all engage in it, to some extent; it is all in the “extent”, however, that matters.  The manufacturing of something which approaches the original; of pretending “as if”; they all constitute a simulation of sorts.  Whether of an expensive handbag that is made in another country where labor is cheap and copy-catting is the norm; or merely a smile when you actually want to cry; or of the rote response to, “Hi. How are you doing?” — where we reflexively declare, “Fine, and how about you?” — when in fact you are not doing “fine” but instead are forced to simulate the required rhythm of normalcy.

Society requires the simulated life until life itself becomes too real such that it must crawl out from the cocoon of artificial existence.  It is as if the metamorphosis from one form of existence into another must by force erupt, and that is the point when reality must by necessity force its being into existence.

For Federal employees and U.S. Postal workers who suffer from a medical condition where, each day, a simulated existence must be lived because to do otherwise might mean that you may lose your job, consideration should be given to possibly filing for Federal Disability Retirement benefits under FERS, especially when the real life being lived — the pain and anguish from a medical condition — can no longer remain contained within the cocoon of a simulated life.

Federal Disability Retirement allows for a lifetime annuity that lets you focus upon your health, and thus circumvents the simulated life and instead allows you to be the “real” you, and not some manufactured form of a fake smile, a forced joy or an artificial existence.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The option of nothing

The path of least resistance is often to simply do nothing.  To make an affirmative choice is sometimes a painful one involving sacrifice and steps taken which will determine an outcome, later to be judged by retrospective insight, as to whether it was the “right” one or a “wrong” one.

To negate, refute or otherwise do the opposite, and to say “no” in the choice-making process, is also an “affirmative” one, if only in the negative sense.  It is still a call made, a judgment asserted, and while the “no” may not be able to arrive at a retrospective viewpoint as to whether it was the “right” one or the “wrong” one (precisely because, in the very negation of making a choice, one may never see any further consequences, but merely a nothingness that prevails from the option to not do that something, which is essentially a double-negative that results in nothing).

The worst option to assume is to allow lapse to occur – to do nothing, neither affirmatively nor negatively, and allow outside circumstances to determine the course of fate.  In taking such a path of least resistance, two things occur: First, you have left it in the hands of circumstances, and failed to take any affirmative steps in the allowance of lapse; and Second, the fact that you will never know it was a good or bad idea to allow for the lapse means that you have forsaken the entire decision-making process, and thus you disengaged yourself from the importance of life’s major participation.

For Federal employees and U.S. Postal workers who are considering 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 Statute of Limitations that imposes a restriction upon post-separation filing is One (1) Year.

Thus, the law is as follows: Upon separation, whether by termination or resignation, of a Federal employee, that Federal employee has up until 1 year to file for Federal Disability Retirement benefits.  If the Federal employee files for Federal Disability Retirement within 364 days of the separation from Federal Service (give yourself at least 1 day, just to be on the safe side), then no harm is done.

If the Federal or Postal employee determines not to file (i.e., a negative – affirmative decision), then so be it, and after the 365th day, that Federal or Postal employee is forever prevented from asserting his or her rights under the Federal Disability Retirement laws, acts, statutes and regulations.

If the Federal or Postal employee simply does nothing – neither making an affirmative or a negative decision, and simply allows for the time to lapse and the opportunity to pass – then the path of least resistance has been taken, with the opportunity to engage in the decision-making process forever lost.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Blowing in the Wind

Of course, the reference recognized unmasks the age or generation from whence one comes, and the formal wording without the apostrophe is to allow spellcheck a rest and curtail the red underline.  It is the 1962 Dylan song, representing questions unanswered, answers made complex by society, and sought-after refrains which defy conformity.

Where is the answer to be found, and what can the wind represent?  Can Cliffs Notes Study Guides provide for a true education?  Or like chimpanzees in a beauty contest besides kids of comparable intelligence, is it merely regurgitation of rote memory, or some semblance of sociological dementia?  As the wind is ungraspable, and embraces and engulfs voices shouting and demanding, so the questions asked and the answers given are as ephemeral as the shifting streams of consciousness.

Nature has a way of humbling, of letting us know that though we aspire to become angels who can fly with knowledge and necromancy, with waving wands and cauldrons of witch’s brew in feeble attempts of arrogance and self-puffing, the reality is that our knowledge is limited, our capacity for growth is stunted, and the self-imposed mediocrity we generally follow reflects the tiredness of a man’s soul.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, questions always abound, and answers sought are often disjointed and contradictory.

If there is an area of knowledge which needs to be precise, it is of “the law”, as people rely upon information certainty, and lack of knowledge and answers which blow in the wind merely confuse and confound.  The test of reliance should always be based upon a systematic history of sound judgment and accurate discourse.  Does the source provide reliable information?  Does it appear cogent, comprehensive and of common sense?

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, can be a daunting first step, for it means a change in one’s life, a step into another direction, and a leap of faith for an uncertain future.  There will always be questions to be answered, but one should never consider demanding answers to those queries via Dylan’s methodology of asking the shiftings winds of Nature, but by searching out a reliable source in this indeterminate universe of questions asked, and answers unforgiven.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Pastoral Painting

It is that which we strive to achieve; a moment of quietude, an aside of reserved inattention; that plateau where sheep graze silently in pastures green, and the distant echo of a neighbor’s dog barking is merely but a contour from the daily hubbub of reality.  Perhaps the pastoral setting is but an idealized paradigm; but, without it, there is a sense that life is pointless.  We may engage in daily meanderings and wonder about teleological issues on high; but, in the end, something more mundane is the normative constriction which compels us to act.

There is a scene in an old Western, where Mose Harper (who is played by Hank Worden) makes it known that all he wants at the end of his trials and travails is an old rocking chair to sit in, to rock the time away in the wilderness of the life he experiences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impacts one’s livelihood, the capacity to continue in one’s chosen career, and the ability to maintain a regular work schedule, filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is tantamount to that metaphorical rocking chair.  For some, it may not seem like much; but one doesn’t know (as the esteemed Paul Harvey used to say) “the rest of the story”, of whether and what Mose Harper did after a few tranquil evenings rocking away.

For the Federal and Postal employee, whether that Federal and Postal employee is under FERS, CSRS or CSRS Offset, it must often be taken in sequential steps of advancement.  The idealized plateau as represented in a Pastoral Painting is often the first step in the process of further life-experiences; and just as Mose Harper asked only for a rocking chair at the end of the day, it is what happens the day after, and the day after that, which will determine the future course of one’s life beyond being an annuitant under FERS Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Attorney: The Cauldron of One’s Past

The oversized iron pot hangs over the open fire, and the gurgling of ingredients steams and burps the lid in predictable sequences of rhythmic timing; the aroma is an admixture of sweet and mysterious combinations of one knows-not-what; perhaps of bones, marrow and herbs, here a whiff of something which touches upon the dark recesses of one’s memory, and there a hint of harboring horrors, reminding us of past deeds and loathsome reminiscences.

The figure who stands hunched over the source of pervading uprisings, is covered in a dark shawl; a bony hand gripping the large wooden ladle, mixing, turning, crouching over to sniff and taste; and from the chasm of the figure’s hollow mouth, toothless and echoing a chamber of snorting chafes, the sigh of satisfaction emits, as the cauldron of one’s past is ready to be served.  And so the story goes.

Who among us would want the fullness of one’s past and history of deeds to be revealed?  What pot would hold the full taste of one’s misdeeds, private concerns and actions engaged?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the process itself sometimes feels like one is forced to partake of a witch’s brew — who will be in the mix?  What private information will have to be revealed?  When will the pot of information be ready?  Who will mix the ingredients?  The mysteries contained within the mixture of the witch’s brew is indeed terrifying.  Every process which is unknown and, moreover, unknowable, is one fraught with concerns and trepidation of purpose.

For Federal and Postal employees under FERS, CSRS or CSRS Offset, the decision to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is like the witch’s cauldron — it must bring to the fore one’s current circumstances (the medical condition), the impact upon the future (finances, future job prospects, etc.), and potentially the confrontation with one’s past (agencies love to do that).

The key is to understand the complexities of the administrative process, and to maneuver through the bureaucracy of the witch’s brew.  In doing that, one must always be cognizant of the cauldron of one’s past, and keep out of the reach and grasp of those bony fingers which reach out to encircle one’s throat, lest you become an ingredient in the admixture of the skeletons found at the bottom of the pot.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Attorney: Doldrums

It is an actual pocket of calm in areas of the Atlantic and Pacific Oceans, where maritime sailors dreaded in days of yore because they presented calm and quietude when the necessity for winds to power the sails of movement suddenly died and disappeared.  One could be trapped for weeks, and sometimes months, when the doldrums hit.

In modern vernacular, of course, they represent a parallel metaphor — of that state of emotional inactivity and rut of life, where melancholy and gloominess overwhelms.  Sometimes, such despair and despondency is purely an internal condition; other times, it is contributed by circumstances of personal or professional environment.

For the Federal employee or the U.S. Postal Worker who suffers from the former because of a medical condition which leads to a state of dysphoria, the need to file for Federal Disability Retirement benefits often commingles with the latter, precisely because the internal and external are inevitably interconnected.  The emotional doldrums become exacerbated by the toxic environment engendered and propagated by reactions engaged in by the agency; and the continuing effect becomes a further cause because of the hostility shown and heightened actions proposed.

How does one escape the doldrums of stale despair?  For the mariner whose power depended upon the winds of change, waiting for altered conditions was the only avenue of hope; for the Federal or Postal worker who suffers from a medical condition, such that the medical condition presents a doldrum of another sort, taking affirmative steps by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or Postal worker is under FERS, CSRS or CSRS Offset, is the primary and most effective manner for efficacious change.

Sitting around helplessly like a victim of the vicissitudes of life may have been the way of past responses; for the Federal and Postal employee of modernity, we have greater control over the destiny of one’s future, but to utilize the tools of change requires action beyond mere reflection upon the doldrums of life.

Sincerely,

Robert R. McGill, Esquire