Tag Archives: attorney to help usps employee get disability retirement

FERS Medical Retirement from OPM: Internal Turmoil

A man walks out early in the morning to retrieve the newspaper thrown onto his driveway; from across the street, you see him; he looks vibrant, confident, self-assured; you think to yourself, “Why can’t I be like him?”  A woman, well-dressed, punctual, competent, with always a smile; a sure “go-getter” who will climb up the corporate ladder with ease; you think to yourself, “Some people are just successful and happy.  Why can’t I be like her?”

The calm before the earthquake; the tectonic plates which are invisible and the above-surface topography which has been undisturbed for centuries; then, one day, the calamity occurs, and buildings collapse and countless lives are buried and lost.  What happened?

It is always the unseen, internal (or beneath-ground) turmoil which is the “true” essence of a life, a geographical location, or an entire population which masks its veiled soul.

Plato and the entire history of Western Philosophy were based upon unmasking the essence of Truth by digging beyond the appearance of Falsity.  Human Beings, particularly, have a great knack for hiding the internal turmoil which is the truth of what we are.  The smile which masks the saddened eyes; the outward appearance of confidence which is a facade for the depression and sadness within; the quiet steadiness of nature before the convulsion of the volcanic eruption; all, the internal turmoil, hidden by the falsity on surface’s artificiality.

For Federal employees and U.S. Postal workers who suffer form a medical condition such that the medical condition can no longer be masked, it is always the internal turmoil which cannot be contained, restrained or curtailed forever.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS laws, through the U.S. Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and begin the process of quieting that Internal Turmoil before it erupts like the quiet volcano waiting to reveal itself from behind the facade of contained quietude.

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 Employees Retirement System (FERS) Disability Law: The Novelty Vanished

As it should be, for a child, everything is viewed in terms of, “Wow!”  The novelty of life, of the experiences brought about by a world freshly encountered — like winter’s first snow or the dawn of spring’s warmth, it is the combined meeting of a world newly seen by the eyes of youth yet untarnished and without the destructive force of cynicism which accounts for curiosity, eagerness, innocence, unvanquished optimism and hopeful initiation of plans for a bright future.

That novelty vanished — and vanquished, extinguished and beaten down — comes from repeated encounters with a world which shows no care or concern.  It is when life’s complications keep knocking us down; that is when the novelty vanished.

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, the novelty vanished comes about from a combination of events: The critical juncture where the medical conditions become chronic and restrictive; the Agency’s or the Postal Service’s unsupportive attitude; the steady exhaustion of one’s sick leave; the potential of being put on a Performance Improvement Plan; the likelihood of being terminated; the administrative sanction of being placed on AWOL status; the refusal to allow for LWOP; and it is the combination of any or all of these factors which results in the Federal employee shaking his or her head and saying, “Wow” — but not with a sense of wonderment, but because the novelty has vanished.

It is time to file, then, for Federal Disability Retirement benefits under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and try and win back that time when the first snow of winter stunned you, the first breeze of spring refreshed, and the world could again be described with a singular encapsulation of a word exclaimed: Wow!

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: The words we never use

Are they like scraps of papers left in one’s back pocket, or in the vast chasms of oversized purses that seemingly have no bottom and certainly reveal no corners?  Do we keep them in our wallets, reserve them for special occasions, or otherwise allow them to float in the ethereal universe of unclaimed inventions?  Is there a Lost-and-Found Section within an agency entitled, “U.S. Department of Words” (or, should there be) that deals exclusively with ones that are never used?  And in a pragmatic society where utility is the key for relevance, applicability, value and worth, is there any sense to pointing out that which is never used, never recalled, rarely regurgitated and almost certainly never thought of even in the privacy of soliloquies left unstated?

The words we never use can be categorized into: A. Ones we’ve never learned about nor looked up, B. Ones we once knew when once we were serious-minded students who diligently looked up every word we knew not the definition of because we wanted to better ourselves, sound more intelligent and appear with greater utterances of sophistication at cocktail parties we were never invited to — therefore, we once looked them up, memorized them, tried to use them in sentences, and then promptly forgot them, or C. Ones we never came across, have now no interest in using them because we have become old and lazy.

There is a fourth possibility — that we “know” them but “fear” that the mere utterance of them will make a nightmare of a reality we want to avoid.  “Divorce” is one such word for kids who watch their parents fight, and wonder about their own security in the universe of unstable families; “Chronic” or “intractable” are two others — for those with medical conditions who do not want to hear their doctors talk about the consequences of certain disabilities which have developed over the past couple of years.

For Federal employees and U.S. Postal workers who suffer from a medical condition where such medical conditions have now come to the point of being chronic and intractable, and thus prevents the Federal or Postal employee from continuing in his or her career with the Federal government, it is time to consider another set of words which were previously never used: Federal Disability Retirement.

Avoiding the use of words will not undo the reality surrounding the conceptual paradigms encountered; and procrastinating the thought, initiation or formulation of an effective Federal or  Postal Disability Retirement application will not make such words go away; they will remain, even if they are words which we never wanted to use.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Filing for Federal Disability Retirement: Damaged goods

Perhaps it is of a fine porcelain statue; or a painting that depicts perfection in a pastoral panorama presenting a private purview of picturesque purity (sorry for the alliteration that cannot be resisted); or a first edition book that is without blemish; or a host of other “goods” that one values, admires, cherishes — and is purchased with anticipation of contentment.

Upon returning home, one notices an imperfection not previously spotted: a small “crack” on the forearm of the porcelain figure; a tear in the upper right portion of the canvas, just below the line where the frame casts a shadow and becomes almost imperceptible; or a crayon marking on page 324, in the middle of the book, unnoticed unless one inspects each and every page.

The item cannot be returned, because of either distance (perhaps it was purchased on international travel in a small shop in a foreign country not known for return policies); policy (the sign clearly stated, “All sales are final and the purchaser bears all responsibility in inspecting the condition of the item prior to buying”) or some other impracticable reason.

The imperfection is so minor that no one else knows, would notice or otherwise cares to comment on such an impurity of the state of the condition, except for one small and irritating fact: You know.  It bothers you.  The fact of the damaged goods betrays something about yourself — not merely that a contrast against a paradigm of perfection has stirred an irrationality that struggles against good judgment, but moreover, that there exists an intolerance for a standard of less than the penultimate apex of an unreachable standard.

What does one do?  You can: Hide and stash away the item (but it yet remains with the knowledge that, hidden or not, the aura of imperfection exists); you can give it as a gift, or sell it to a third party (but what if the potential purchaser recognizes the imperfection and bargains for a better price, leaving you with a loss — will that constantly remind you of your lack of judgment when once you thought that your expertise in such matters was the paradigm of perfection itself?); justify to yourself over and over that, “Yes, it isn’t perfect, but boy is it a great piece regardless!” (perhaps, over time, this approach may work); or, do the most drastic of solutions: destroy the item and trash it.

Medical conditions have a way of impacting individuals in a similar manner as the discovery of imperfection in what one once thought was a paradigm of perfection: somehow, it is even worse, because of the personal manner that medical conditions impact: it touches upon one’s self, one’s self-image and the crumbling sense of self-confidence one possessed when health was taken for granted.

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, always try and keep in mind that the diminution of the “product” concerned (i.e., yourself, the Federal or Postal employee) is not discovered by the mere fact of filing for Federal Disability Retirement — rather, the fault is in the system of the Federal Government for not being able to be patient as you struggle to recover from you illness or injury.

Filing for Federal Disability Retirement under FERS, CSRS or CSRS Offset is not a reflection on the “value” of you; it is, instead, the reality of a system that fails to recognize the difference between the relative value of “goods” as opposed to the priceless perfection of a human being and his or her contribution to society.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Deviating and adapting

How does one deviate or adapt, if one is approaching something anew?

Such concepts as modifying or altering a methodology presumes that one has encountered the process before, and thus it stands to reason that a person who has never previously experienced something before can hardly be expected to provide new insights when the experience itself is new to the individual.  That is why we often refer to a person’s ability and capacity to “think on his or her feet” — meaning, to quickly encompass and adapt to new and fluid circumstances, despite a lack of familiarity with an onslaught of speedy changes.

Deviating, of course, can be a negative component, in that it may imply altering from a true-and-tested course of action, and unless one is certain of one’s confidence in a new path taken, there may ensue disastrous consequences when following a rebellious path that can lead to the unknown.  Many a trailblazer who knew not the way of the unbeaten path have perished by starvation or thirst.

On the other hand, we consider the capacity and ability of “adapting” to be a positive characteristic, in that it implies a characteristic of being able to respond to external circumstances that are changing, and requires a willingness to bend with the winds of change.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual concept of deviating and adapting comes to the fore precisely because of the need to change — both on the Agency/Postal Service’s side, as well as from the perspective of the Federal or Postal employee.

For the Federal Agency or the Postal Service, the issue of deviating and adapting comes about in terms of “accommodation” — for, it is necessary for the Federal Agency and the Postal Service, by force of law, to “deviate” from the former ways of behaving, and to “adapt” to the medical conditions and changes that the Federal or Postal employee is undergoing.

From the viewpoint of the Federal or Postal employee, deviating and adapting may encompass a wide range of issues in terms of accommodations — whether the situation and conditions posed are temporary or permanent by nature; whether the medical conditions suffered are able to be accommodated at all, either temporarily or permanently; and whether attendance is an issue; of how much SL must be taken; of FMLA issues and extensions of LWOP beyond, etc.

In the end, deviating and adapting from the “norm” may not be possible, in which case preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become necessary.

For all Federal and Postal employees, what is important to remember is that suffering from a progressively deteriorating medical condition will require deviating and adapting, and that may include the need to have expert legal guidance by an attorney who has previously had the experience in preparing an effective Federal Disability Retirement application so that any and all deviations and adaptations can be initiated from the perspective of previous experience, and not as a trailblazer off of the beaten path where getting lost in the complexities of Federal Disability Retirement Laws can lead to disastrous results.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Different gradations of form and tint

The former often refers to architectural structures; the latter, to the exterior or interior paint, color and hue; and, together, they present to the observing eye the sensible objects that we experience through sight, smell and at least as to the former, tactile encounters.

Words are funny things; we not only create and apply them, but concurrently establish rules for utility and usage such that restrictions apply, expansiveness beyond certain boundaries become prohibited, and modifications for allowances in the placement of a particular sentence are constrained.  Can concepts concerning different gradations of form and tint be applied to human lives?  Yes, but we allow for such deviancy by imputing analogy, metaphor or simile, and the distinction is created through the parallel thought processes which are invoked by such literary devices.

Narratives have that sense of gradations, both of form and of tint, but in somewhat of a different sense.  “Form” in that context goes to the structure of sentences and how the story is molded for presentation to the listener, while the “tint” is more likened to the “feel” and aura manifested by the speaker, whether first person, third person; is the narrator omniscient or limited in knowledge and scope?

Structures are inanimate obstructions presented by three dimensional appearances manifesting color and hue; human beings, by contrast, are complex structures who present more than mere unmoving or unmovable obstructions, but instead embody form otherwise characterized as essence, tint often revealed as complicated personalities, and a psyche shrouded in mystery.

Thus, for Federal and Postal employees considering filing a Federal Disability Retirement application, that narrative written in response to the questions on Standard Form 3112A, Applicant’s Statement of Disability, should always consider what gradations of form and tint should be presented.

How much of the complexity of a human being should be infused, beyond the “inanimate” manifestation of cold medical facts and circumstances likened to the different gradations of form and tint?  Or, should there be a flood of emotionalism that reveals the “feel” and impact of a medical condition?

Human narratives are indeed complex, and can never be pigeonholed into predetermined categorizations without some aspect of a person’s subjective experience.  Ultimately, however, no narrative can be completely “cold”, like the inanimate structure based purely upon architectural integrity of form and tint, but must by necessity encompass the complexity of the human psyche.

Take care, however, that the narrative presentation does not border upon the maudlin, but instead presents a balanced admixture of facts, circumstances, legal precedents, symptoms of medical pain or psychiatric deterioration, with a clear pathway on a bridge to the positional elements of a Federal or Postal position.  For, in the end, it is an “effective” Federal Disability Retirement application that should be submitted to the U.S. Office of Personnel Management, and one which reflects well the different gradations of form and tint.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Separation & Retirement: Of self-expression in society

There exists a proportionate correlation if charted on a graph, between the rise of a need for greater self-expression and the alienation from the individual from a sense of belonging and community.  The human animal has an inner need for acceptance and comity within the context of societal cohesion, and this is no different from other species and their behavioral patterns, excepting the “lone wolf” characteristics where mating or predatory consummation represents the only points of contact.

The lines of the hypothetical graph would intersect somewhere at the level where the individual believes that personal identity has been lost and subsumed from a community detached and uncaring; notice, identity and self-worth are bundled together in an almost inextricable complexity within the human psyche, and that proverbial and pervasive “inner cry for help” becomes exponentially magnified when that alienation intensifies.

Focus upon a collective “self” by a society encumbered with economic woes, infringement upon base survival instincts, and a growing sense that reliance upon one another is no longer believable, leads to the downward spiral of the line which represents societal comity, where the trajectory suddenly drops precipitously in a straight, vertical manner.

Yet, the other line — the one which represents self-expression and a silenced cry for urgency of warmth and responsiveness, continues upward in a more gradual trend, with short and sudden spikes here and there, but still reflective of a desire to pull back, to harken with a perspective of the rear-view mirror, wanting and willing always to open one’s arms and embrace the roots of that tribal nature from whence we all originated.

But we are becoming more and more calloused; the time wasted, the ascending alienation as first reported by Camus and the French existentialists after the ashes of the Phoenix failed to rise from the funeral pyre of the war-torn devastation of Europe and the consequential bifurcation of nations within the greater context of a potential addendum holocaust involving nuclear weapons, and the subsequent inertia developed through wealth and artificial products which were marketed by means of media and mass distribution — from it all, discontent arose, the notion of life’s absurdity followed, and the greater need for self-expression formed.

Look at Facebook and the explosion of psychosis.  Look at the obsession with smart phones and the need to “update” one’s “profile”.  But always remember that self-expression must be contained, and appropriately conveyed.

For Federal employees and U.S. Postal workers who must, by necessity, file 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 vehicle of formulation in preparing an effective Federal Disability Retirement application, to be submitted to OPM, must have a certain restraint and self-limitation imposed.

Not every fact and fancy of opinion should be included in the Applicant’s Statement of Disability.

And, one must ask, how much of that self-expression exudes bravado and exaggeration?  And even after one has won one’s Federal Disability Retirement application, there may be a Medical Questionnaire which is issued by OPM, and if in the course of investigating further, there surfaces an indicia of some extreme form of activity such as bungee-jumping or similarly strenuous engagements which are “posted” for all viewers because of the need for “self-expression” — such a wanton cry for help may indeed come back to haunt.

Self-expression in a society replete with alienation and abandonment may, in the end, be all that we are left with; but for the Federal or Postal employee who wants to preserve and protect one’s Federal Disability Retirement annuity, it may be best to exert some semblance of self-control that is quickly diminishing and disappearing on the graph of the proverbial downward spiral.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Pension Annuity: Today, life is good…

It is the set of 3 periods at the end of the sentence, identified in grammatical terms as an ellipses, allowing for a trailing thought or a hesitation of motive, and here which differentiates from a singular finality of a period postulated to prevent a purposive punctuality of partition from a postscript.  If the last two periods were extracted and deleted, the delineation would connote a declarative assertion, unhesitant in conclusion, and confident in execution.  With those two additions, it implies and denotes hesitancy, a pause leaving the impression of loss or lack of confidence, and unable to determine the cogency of opinion formulated but for the ellipses.

In the end, however, how is grammar tied to life itself?  Do mere additions of two dots in a sentence reflect the reality of that which we live?  Do the bundles of human complexities, emotional upheaval and physical pain, cognitive dissonance cut us off from nature’s impenetrable divide?

How often do we walk around, and stop and realize that we remember nothing about our surroundings, who we passed, what buildings we strode by, because the inner thoughts we became a hostage to allowed only for sight by the eye of our own minds, and not for the purposes attributable to all other species on the planet — for observation and judgment to determine the course of future destiny, in surviving a predatory world.

What makes us unique, but the linguistic divide that confronts us daily; and thus is it that the 3 harmless dots dangling at the terminal confinement at the end of a sentence is more than a mirage of grammatical repose; no, it defines who we are.  For, the reality of the ellipses is contained in the reflection of the truth manifested; insert an emotive adjective, and the dots disappear; yet, the changes wrought will remain beyond the grammatical addendum, the deletion of the dots, or the conversion from hesitancy to declarative assertion of utmost confidence.

It is, in the end, the “today” which is the operative word, and not the trepidation engendered by the ellipses; and it is the unstated “tomorrow” which can bring about changes to the substantive undercurrent of life beyond linguistic elasticity.  It is real life, and not grammar, which must ultimately determine destiny, fate and the whims of gods playing with human caricatures with arbitrary thunderbolts and childhood cruelty with breaths of unexpected pillars placed as obstacles within our paths.

For Federal employees and U.S. Postal workers who find that the gods of fate have placed the burden of a medical condition upon life’s lottery of challenges, the need to prepare, formulate and apply 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 an encounter where the linguistic divide between life and living, on the one hand, and language and grammar, on the other, coalesce and the the chasm must by necessity be bridged.  For, it is precisely the medical condition itself (life and living) which must then be formulated into a declarative state of disability and linguistic evidentiary postulate (language and grammar), in the form of an effective OPM Disability Retirement application, that makes for the differentiation between failure or success.

Beware of the pitfalls of grammar, and note the ellipses, as well as the dangling participle, lest either unveil a true hesitancy in living, as opposed to a mere red mark from a teacher in a fictional classroom, either in one’s mind or in the eye of one’s mind.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help for Federal Employees: Slices & Wholes

Short stories provide a slice of life; novels, a genre which attempts to provide a picture of a greater whole, and when it falls short, will often be an opportunity to manifest a trilogy of works.  But fiction never quite captures the essence of entirety, and we are left with the part, a necessary void, and a missing piece of the puzzle.

Every narrative of a life is merely a portion; the microcosm rarely captures the significance of the whole.  And, indeed, there are large chunks of human living which need not be repetitively revealed, as they are presumed to occur during the lapses and jumps of time:  That the character in the story (or insert:  television show, movie, novella, etc.) has gone to the bathroom multiple times during the day; has eaten more than in the restaurant scene and traveled in some kind of a transport vehicle in order to reach a given destination, etc.

At the dawn of movies, it was a common question for the audience to ask, “How did he get there all of a sudden?”  Real life was still being projected upon the new screen of depicted stories, and the loss of continuity assumed that the audience would make certain jumps of logical conclusions; time, acquiescence and acceptance of convention would yet take some getting used to, and the slice of life revealed often mistook the viewer for the wholeness of true living experienced by all.

Thus do we accept, in watching a play, the convention of a character declaring an aside but where the rest of the stage does not hear; in real life, such declarative innuendoes would result in a slap in the face.  But that is precisely the problem with people, isn’t it?  We all accept and assume, and presume that the slice of life is representative of the whole, and thereby typify and stereotype the individual, beyond mere first impressions.

The Federal employee or U.S. Postal worker who suffers from a medical condition and therefore is unable to accomplish all that needs to be done, is now the nuisance and the “lazy one” who puts the burden upon everyone else, without considering the long history of dedication and service, or the turmoil and devastation wrought upon the greater whole of his or her life.  That Federal or Postal employee is merely known for the slice of today, and rarely appreciated for the whole of yore; for, it is easier to condemn with the tongue of today, than to take the time necessary to understand the contributory trails of yesteryear.

Thus are we left with little choice but to prepare 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.  And the dusting trails of memories left behind?  Let such clouds of regret and remorse remain within the slice of a former life be, and enter instead into the panoramic view of a true whole, where the next stage of life is beyond the Federal agency or the U.S. Postal Service, and the combination of slices and wholes can once again be put together for the Federal or Postal employee who must regroup for a better tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Medical Pension from Federal Government Employment: Pulse of the heart, eyes of the mind

Lin Yutang is a preeminently accomplished writer of the last century who wrote incisive essays and works describing the great divide between China and the monolithic aggregate collectively referred to as “the West”.  It was a different time of which he wrote, as the world was larger, more divided, and inaccessible to many; prejudices and biases still prevailed, and the attitudes of former colonialists still ravaged the minds of ignorance and fear, where political correctness had not yet tilted the ingrained cultural condemnations of group-think and herd mentality.

In the end, however, as with all great writers and perceptive thinkers, his spectrum of thought touched upon universal truths which captured and encapsulated the greater generic congregation of humanity, and not just the separateness relegated to the trash bin of historicity.  It is a paraphrase of the description used by him, but one which he would likely have agreed to — that a complete man needed both sides of humanity:  both the pulse of the heart as well as the eye of the mind, like yin and yang, emotion and rationality, objectivity and empathy.  But the pendulum of time in every epoch seems never to balance well between the extremes of masculinity and femininity; we must either be all of one and vanquish the other, or deny ourselves the true origin of our own essence.

That type of behavior is often seen in the microcosm of everyday living, including those with medical conditions and disabilities in the Federal sector and the U.S. Postal Service.  Whether out of fear or unforgivable ignorance, people tend to treat others with medical conditions and disabilities with a quiet disdain, lacking any import for empathy or concern for livelihood.  For Federal employees and U.S. Postal workers, whether under FERS, CSRS or CSRS-Offset, the only pathway out of such inhumane treatment and lack of empathetic humanity, is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

This is not an “out” for escape, but a reality of conserving the dignity of one’s life, in order to attain a level of financial security and move on to a better and more productive phase of one’s life.  For, when others lose one’s pulse of the heart, as well as deny the eye of the mind, all sense of decency and good-will becomes lost to the abyss of evil and human depravity; and as the imbalance of man’s essence brings out the worst in us, so the best option left for the Federal or Postal worker who is being harassed and pilloried at work, merely because he or she can no longer perform one or more of the essential elements of the Federal or Postal positional duties assigned, is to prepare an effective OPM Disability Retirement application before the yin is severed from the yang, and the pendulum of time swings forth to shatter the glass casing within the quietude of the chime of marching lives.

Sincerely,

Robert R. McGill, Esquire