Tag Archives: appeals group opm disability retirement lawyer

OPM Medical Disability Retirement Benefits: Per Se

The phrase, or word, is often misused or misapplied, but it always sounds intelligent when peppered about in sentences; annoying, when it is over-used and emphasized ad nauseam.  Essentially, it means to point to the importance or significance of something — by or in and of itself, intrinsically.

So, if you point to a person within a group and declare, “He isn’t the only one, per se, who can get the job done!”  Or, “It is not only the photographs, per se, which should convict the defendant, but…”  It is likely not a good idea to insert such a phrase when arguing to a jury, for it would probably confuse them, rather than enlighten them.

In the end, the phrase, “Per se”, is meant to focus the attentive signification upon the subject in question, but the way it is used/misused — with hesitancy and lack of confidence — often detracts from the strength of the phrase itself.  Thus, when a person says, “I’m not saying that my work, per se, is the best I have done.”  Huh?  What?  What did he just say?

For Federal employees and U.S. Postal workers who suffer from a medical condition, per se, and wish to file for Federal Disability Retirement benefits, per se, because the Federal or Postal worker can no longer perform one or more of the essential elements of his or her job, per se, it might be a good idea to contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, per se.

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 Attorney Blog: Life With Abandon

Some would say that it is the only way to live life; others, that caution and thoughtfulness before proceeding is the wiser course of action.  Are the choices merely a reflection of age, as opposed to a life lived resulting from upbringing or personality?  Does youth and inexperience reflect the yearning to live life with abandon, whereas old age brings about the cautionary tale of the brother to the prodigal son who stayed behind and attended to his duties?

Upon watching a young child play with abandon, an old man remarked to the concerned mother, “Life will teach the young lad soon enough, and the cynic will foster from the experience of abandon”.

But do we all learn from experience?  Why do we idolize the successful person who “goes for broke”, and quickly forget the ones who do that but “fail” in life?  Do most of us relate to the football team that tries to preserve its 3-point lead in the fourth quarter, but loses in the last 30 seconds of the game because of cautionary trepidation? Do we all think we are that quarterback who plays with abandon, or the one who tries to preserve the lead?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or career in the Federal government, “life with abandon” is sometimes merely the next step in one’s career and life by preparing a Federal or Postal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, may be the Fourth quarter pass which wins the game.  It is all in the way and manner you see things.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and consider whether filing an effective Federal Disability Retirement application may not be the admixture of both — a cautionary life with abandon, done the right way.

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: Coincidences & wrong attributions

Two events occur within a fairly close span of time; we relate them; we attribute one to have caused the other.  Was it mere coincidence, and was the causal attribution wrongly implied?

We learn from a friend that a certain person X visited the house of person Y.  Y was a good friend.  X never liked you.  A week or so later, you bump into Y and you say, “Hi. Haven’t seen you in a while.  How has the family been?”  Y looks at you, turns the other way without responding, and coldly walks away.

You attribute the behavior of Y as being related to the fact that X, who doesn’t like you, had visited Y the week before.  You connect the coincidence of Y’s behavior and the visitation of Y by X, and create a narrative around the encounter: “X must have bad-mouthed me when he went over to Y’s house.  Y must have believed him, and that is why Y is behaving so coldly to me.”  In other words, you attribute Y’s behavior as the effect caused by X’s coincidental meeting with Y the week before.  Are you right in doing so?

Say, sometime later, you learn that it wasn’t X, after all, that had visited Y the week before, but it was T — another good friend of yours.  Further, you learn that Y’s sister had recently passed away, and Y calls you up and apologizes for the past behavior, explaining that Y simply “didn’t want to talk to anyone that day, and had been walking around in a daze of sorrow.”

Coincidences and wrong attributions; we all make them.  We go back and retrace our steps of logical reasoning to try and discover the flaw of our thought-processes.  It happens often.  What is the rule to follow to try and minimize such flawed approaches to logical reasoning?  First, to get the facts.  Next, to wait before coming to conclusions.  Finally, to try and limit one’s creative imagination from bleeding beyond the borders of known facts.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where 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 important to first “get the facts” concerning Federal Disability Retirement, and not get mired in the fears of coincidences and make wrong attributions.

It may well be that certain actions initiated by the Agency are not mere coincidences; and it may be true that your “feelings” about the future can be directly attributable to what you have “heard” from others.  But before coming to any conclusions or making any decisions, it is well-advised to consult with an attorney who specializes in Federal Disability Retirement Law, lest those coincidences lead to wrong attributions, resulting in making the wrong moves based upon baseless causal connections.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The tangible

What are the criteria by which one lives?  Is there a singular, dominant principle, as in “A Criterion” or “The Criterion”, or multiple ones; or perhaps an overarching archetype with subsets of mini-components that are all in their aggregate subsumed by a greater Platonic Form, somewhat like “Goodness” that predominates, with subtexts of lesser categories?  Or, do we just blunder through life without them and arbitrarily bump into decisions, pathways that take us hither and yonder, and never quite escape the confusions of our own making?

Some people consider themselves to be “idealistic”, and look always for the good in others; still some, pure cynics such that they suspect the worst in everyone; and most, an admixture of the two extremes in a spectrum of choices.  There are, in philosophy, the “logical positivists” who declare that nothing makes sense unless validity of a statement can be established, and such a criterion normally involves the tangible.  That which we can see, feel, hear or establish by logical methodology comprises the entirety of one’s existential reality, and there is some truth to such an approach.

It is said that in youth, much idealism begins; in middle age, some waning of hope must by necessity be accepted; and by old age, a seeping cynicism inevitably prevails.  The tangible is that which we can embrace, feel, rest our hopes upon; otherwise, the cold icicles of other people’s indifference will ultimately become the obsession of our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has begun to result in tangible manifestations — i.e., use of LWOP has become noticeably frequent; performance ratings are anticipated to be questionable; supervisors and coworkers have begun asking questions; but most importantly, you yourself have begun to notice a deterioration in your ability and capacity to maintain the level and pace of working at the Agency or Postal facility — the “criterion” to be applied is quite straightforward: Are you still able to perform all of the essential elements of your positional requirements?

If not, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  The criteria by which we live are often complicated; it is the tangible which brings everything back down to earth from the lofty heights of idealism, youth and folly.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Gov. Employment: That sigh of regret

It is released without consciousness of foresight, or random expectation of hope to come.  Often, merely an involuntary deviation from a carefully-guarded appearance, that sigh of regret escapes with a haunting echo of mirthless exhaustion.

Is there a time when past regrets catch up to present dismay, obfuscated by the loss of any future hope to reinvigorate?  What is regret but a deed left undone, a trepidation leading to inaction when flight of carefree abandonment embraced us for a moment, where craziness of freedom from the fetters of caution allowed one to pause and jump without fear of tomorrow?  And the sigh that follows, but a mere refrain denoting the commonality of experiences, withheld, where caution pulled us back because of pragmatic considerations we once beheld to be more important than the liberty of our means.

Rare are those lives whose self-assurance in the meandering days of feckless travels reveals not a morsel of remorse, but a fullness of memories neither unrestored by neglect nor needing any touch-up or photo-shopping imputation.  Some have warranted that to regret is to die a slow death, while others accept it as merely the general populace’s lot in life.

The sigh of regret is emitted during that lapse of unguarded exposure when vulnerability is allowed to reveal, where openness – whether because of insanity, inebriation or a raw moment of “being real” – stands in line behind the impenetrable fortress of layers carefully shielded in order to construct that wall of mystery.  But the other side of regret – like the turn of midnight as the clock strikes its 12th toll – is the knowledge that something else could have been, that better tomorrows might have been, and the “what ifs” of life keep coming back to haunt, each whisper followed by a louder intonation of incessant reminders.

For Federal employees and U.S. Postal workers who having that sensation – of a pause, a consideration or even an inkling – that it is time to begin preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, there are “better times” than others where timing in filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management should be weighed and balanced within the greater context of all other considerations.

What one does not want to happen, is to allow for a later event to emit that sigh of regret, which is what so many people, in so many circumstances, end up doing.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee has already let loose a sigh of regret, is the best pathway forward to ensure that – whatever accumulations of life’s regrets one may already hold within the bosom of one’s soul – future actions will fail to predict the sorrowful din of tomorrow’s hope for a better future, where that sigh of regret may be muffled because an act today was taken in light of yesterday’s remorse.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Trading places

Long before the 2008 debacle of economic turmoil; preceding epic movies following, of the lavish ineptitude of miscreants awash in money’s sale of souls in exchange for the temporal pleasures of limitless fantasies; when laughter could be heard yet, because the future still held some hope, there was a movie by the same title.  It was a comedy of innocence – although, the language used may still blush for some, it reveals a period long gone and no longer found in today’s society where revealing all, telling everyone and showing unabashedly have become the normative course of behavior.

Unlike the reality of Wall Street’s mechanism of manipulation, the storyline follows a fairly conventional discourse of moral constancy – of identifiable evil; revenge and retribution for wrongs committed; redemption for those whose failings resulted from unseemly characters.  Contrast that with the fictional depictions of today, some mere several decades hence:  the unjust are left unpunished, or barely so; the miscreants are bailed out from their own folly and greed; and the Mom & Pop store just around the corner is still left wondering why they were never rescued from bankruptcy, when the very ones who created the economic crisis are back at it, again.

The problem with discussing such issues on a macro-scale, of course, is that generalities invite sweeping statements of inane and excusable tendencies, whereas kitchen-table, microcosmic tales of individual narratives leave no room for such averted cover of hidden devices, where rats and other scoundrels may scurry to find convenient places to conceal their shameful misdeeds.

We often wish that we, too, could “trade places”, but only because we fail to listen to the details of troubles faded on lawns across the street where the grass appears greener, but where the internal turmoil of ghosts hidden remain veiled.

Medical conditions have a way of bringing us all back to the basics of living.  For, when one is healthy, all sorts and manner of wishing for fortunes and superficiality of life’s extras are engaged; but when a medical condition hits, all that we desire is for the boredom of good health.  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 the Federal or Postal employee’s position of formal occupation (as reflected on an SF 50 or PS Form 52), understand this concept all too well.

Trading places is all relative, especially when it comes to the basics of human happiness.  For Louis Winthorpe III and Billy Ray Valentine, it happened that fate brought two unlikely characters together to right the wrongs of a macroeconomic system left to manipulative devices on the commodities trading floor; for the Federal and Postal employee who suffers 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 positional duties, the desire to “trade places” is somewhat more basic – of mere good health in order to maintain a constancy of life’s pleasures taken for granted by others.

But, instead, often the best option for trading places is to prepare, formulate and file an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Sometimes, the trade itself is a compromise on a micro-scale of lesser proportions, and not within the complex world of high finance and commodities exchanges.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Life’s Alliteration

The repetitive recurrence of mirroring sounds or letters at the beginning of adjacent words is merely a reflection of how we live our lives.  What is inherent in human beings that we would discover, create or otherwise compile an aggregation of such a linguistic phenomena?

The universe could have continued happily on its mindless course of fated determinism without people engaging in such nonsensical rhythms of prose and poetry; but as each act of indeterminate vacuity has an underlying psychological explanation, so all such engagements of sociological developments must by necessity possess a paradigm of purpose.

Is it because we find solace in the quietude of repose when patterns of universal expectations can be discovered?  Why do we eternally seek the “laws of nature”, or insist against Hume’s diatribe of causal effects that the billiard balls will act in certain ways upon impact despite the lack of a “necessary connection”?  Is it in the comfort of habitual living, of familiar environments and known paradigms into which we seek refuge?

We take delight in the designs which quiet our souls; of lack of turbulence, despite our own havoc which we inject all around.  Small towns; lost civilizations; tribal communities in the forgotten corners of the world; perhaps they still exist without the turmoil pervasive throughout the life the rest of us are familiar with; but if they do, they will soon be stamped out.  For, in the end, distinctive differences are characteristics which we fear most.

We claim that we celebrate diversity; yet, look at how everyone melds into each other and uniqueness is slowing disappearing.  We declare that divergence of ideas and opinions are contributory to a community; but we end up all watching the same shows, hearing the identical voices, and where even political parties are essentially the same but for shifting bribes to garner votes.

That is why the linguistic mechanism of alliteration is but a reflection of life itself; it is no accident that the repetition of consonants, vowels or sounds was playfully discovered; it is, instead, the comfort zone of which we seek, in order to reassure ourselves that the chaotic world we continue to fathom will at least appear in a semblance of repetititve constancy in the words we utter.

Order and stability are necessary traits in every life; that is why, for the Federal employee or U.S. Postal worker whose life has been turned upside down with the turmoil of a medical condition, it is important to begin contemplating the long and arduous path towards attaining a Federal Disability Retirement annuity.

For the Federal employee or U.S. Postal worker who can no longer perform one or more of the essential elements of the Federal or Postal job, the turmoil of the medical condition, the sudden and proverbial “cold shoulder” shown by the agency because the Federal or Postal employee is no longer fully “productive” or able to advance the “mission of the Agency”, it is important to secure a semblance of stability for one’s future.  Whether under FERS, CSRS or CSRS Offset, the Federal or Postal employee who must prepare, formulate and file for Federal Disability Retirement benefits will have to maneuver through a complex maze of alliterative conundrums.

And what of life’s alliteration?  You will note that this blog never engaged in such nonsense throughout.  Of course, that could change exponentially, excepting exceeding expectations exchanging entities encompassing elements eerily entraping epilogues entirely endlessly.  Or so it goes.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Riddance of the debasing alloy

It is always that minor impurity which devalues the whole; “but for” the element identified as an invasive component, the rest would constitute the purity of perfections.  It is how we point fingers and bemoan the state of our own affairs; and how we make of a peripheral inconsequence the centrality of our problems.

The evil that we identify as the foundational source of a problem is merely the canard for justification, and in the end, we don’t want it to go away, but to remain as fodder to fester as the legitimate basis of an illegitimate claim.  But when it is a pervasive impurity, attached to the very essence of the composite aggregate, how do you get rid of it in the first place?  Precision by surgical selection is an impossibility; to excise it is to kill the whole, as it touches upon a vital organ which cannot be separated from the rest and residue.

In the universe of metallurgy, it is the composite attachment, interaction and interchange between various alloys which form the basis of the science itself; each possesses a characteristic unique for its particular element, yet often share traits of similarities which allows for the technician to ply the trade of forming aggregations of multiple differences into a singularity comprised by many.

In the parallel universe of people, societies, civilizations and empires, that reflection of strength through unity of diversity is merely where artifice reflects the reality of nature.  But when destructive criticism by pointing fingers at a misidentified source of impurity becomes the basis of a movement to change, then the crumbling nature of the whole begins to infect the fragile nature of each individual component, especially where independence from the other is no longer possible or practical.  In the end, riddance of the debasing alloy may not be possible, and it is often too little too late to even bother attempting a surgical separation without doing harm to the whole.

For Federal employees and U.S. Postal workers who suffer from a medical condition, however, the impurity of the singular alloy can be identified as the job itself.  It is “the job”, the position, the craft which once formed the basis of a productive “career”, but is now the impurity which harms and debases.  No longer something to look forward to, but reduced to another of the stresses of life, a surgical excision becomes necessary, 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, becomes a necessity in and of itself, in order for the rest, residue and remainder to survive.

The choice to separate the “impurity” should not be a difficult one; and while riddance of the truly debasing alloy — the medical condition itself — may not be possible for the Federal or Postal employee suffering from a chronic medical condition, at least the “other” impurities of identified stresses may be circumspectly curtailed and separated, by the mere act of preparing, formulating and filing an effective Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Loss of that subtle distinction — fun versus training

Reading older works of literature is a lesson in historical perspective; times were different, and not just slightly, but by leaps and bounds.  The linear nature of lives results in the incremental adaptation by evolutionary subtlety; that was precisely Darwin’s argument — that the metamorphosis reacting to physiological necessity in order to allow for the propagation of any given species, occurs not by genetic alterations involving sudden and drastic earthquakes, but by slow, almost undetectable nuances of change.

That is why there is no “missing link” to discover in the fossils of unrecorded history; the preservation of ancestry occurs by revealing closeness to modern kin, and the farther in time we discover, the greater the alienation of apparent relationship. Rarely does an anomaly of nature survive, for such mistakes test the forces of survivability; mutants are thus fodder for science fiction and stories about lost civilizations and catastrophic survivors of devastated ambience.  Dystopia is popular, as are zombies and mutants, but hardly reflect a reality generating scientific certainty or a foundation to base genetic discoveries for curing medical mysteries.

The aged who complain distressingly of “them good ol’ days”, have the ability and capacity to recognize the stark contrast between the ills of modernity and of the segmentation of remembrances decades ago; the comparison is not between today, yesterday, or even the day before; rather, it is by erasure of multiple middle years that we can realize the drastic alterations heaped upon us.

Thus, the slow boiling of a frog is the metaphor we can relate to; or, in literature depicting an age of innocence, where children played merely for fun, and not for training to be the next great olympian.  No longer can “playing” be for mere amusement and leisure; any and all activity must be measured as against future utility, and recruiters now roam the hallways and gyms — not of colleges or high schools, as one might expect, but — of middle schools and promising elementary classes.  There is, indeed, something drastically different between modernity and that “time before”, when “fun” is no longer allowed or allowable, and childhood, innocence and carefree disregard of world events must be a means to an end, and never a gemstone retaining value in its own right.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition requires consideration for filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, the time of innocence past is like a distant memory difficult to hold onto, but ever often hard to forget.  The days of fun, like lazy summer afternoons spent on elbows supporting nodding chins and flushed cheeks full of promise, are long gone, like distant memories forgotten but for moments of reminiscences over barbecue grills and family get-togethers.  Life is tough being a grown up.

For Federal and Postal employees who must, in addition to the obstacles and pitfalls of daily living and career choices, contend with medical conditions and agency harassment, Postal disciplinary actions and other unwelcoming overtures, filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best choice and option of promising resort.

Staying put, is no longer possible; simply walking away, is a fool’s act.  Filing for OPM Disability Retirement is the wisest road to a tomorrow which promises a different phase.  These are no longer days of fun, and the training we received is to be applied by revealing growth, maturity and wisdom through our actions of pragmatic fortitude.  And like the crystal ball which children use as marbles in play, looking into one as a device for future insight spoils the fun of it all.

Sincerely,

Robert R. McGill, Esquire