Tag Archives: basic questions I should ask about federal retirement disability prior free first time consultation

Federal Disability Retirement: Soundness of Sleep

Whether and to what degree we attain it depends upon so many factors.  Some contend that it has to do with a clear “conscience”, but one doubts that, as there are plenty of horrible people whose consciences should be bothered, yet who enjoy the soundness of sleep.  As “sin” is now considered by many an outmoded and antiquated concept, few are bothered enough to have an interruption in such soundness.

But then, goes the argument — Why are so many people unable to have soundness of sleep?

Diagnosed “sleep disorders” appear to be on the rise — of Obstructive Sleep Apnea; of interrupted sleep cycles such that the affected individual in unable to attain the restorative slumber necessary for the next day’s activities.  All sorts of medical “cures” are being offered: From sleep medications to CPAP machines and equipment; advice on what to do and not to do in the hour before sleep; and many other medical applications, all in order to assist in achieving that pinnacle of slumber’s bliss: The Soundness of Sleep.

For Federal employees and U.S. Postal workers who suffer from a medical condition — of Obstructive Sleep Apnea; Profound Fatigue; Excessive Daytime Somnolence, etc. — the impact upon one’s inability to perform the essential elements of one’s Federal or Postal job can be a primary basis in qualifying for Federal Employee Disability Retirement benefits.

Contact a FERS disability expert who specializes in Federal Disability Retirement Law, filed under the current retirement system for Federal employees, FERS, which is processed through the U.S. Office of Personnel Management, and see whether or not the lack of Soundness of Sleep may be a basis for your future Federal Disability Retirement benefits.

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 Retirement: The Vanishing Point

If you are old enough, you know the reference to the 1971 “cult” movie.  It had a strange ending, and allowed for lengthy discussions which meandered into the apparent profundity of pure pablum.  In the end, it was just a “fun” movie.

In reality, the vanishing point occurs daily.  As one grows older, you come across people you once knew but who have “passed on”.  We antiseptically and euphemistically apply the careful language of avoidance, but the blunt truth is that people die or move out of our frame of reference every day.

The vanishing point includes many aspects of one’s daily life: The family dog that dies; the elderly parents who pass on; the coworker who suddenly quits and is never heard from again; the guy across the office who becomes hospitalized and never comes back, etc.

It is the “etc.” which is the reality of life — we all move on; it’s always the other person who is somehow left behind.  That was another one of those movies, wasn’t it?  “Left Behind” — a movie and series about the biblical concept of the apocalypse and people being left behind.  The fact is, the “vanishing point” begins long before a person is left behind; we just don’t know the private struggles which are being faced throughout.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the “vanishing point” has already begun.  It began with the medical condition.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement, and begin the process of validating the vanishing point from your job by initiating the administrative process of filing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer
Postal & Federal Employee Retirement Attorney

 

Medical Retirement for Federal Workers: The house next door

It is the one that follows the same comfortable convention for all these many years — of never knowing the intimate details; a wave of the hand every now and again; of fleeting appearances on various days, such as recycling, garbage and the occasional Saturday when the in-laws from out-of-state come to visit on Thanksgiving, or a birthday, or perhaps when a tragedy occurs and the sudden appearance in the driveway that is filled with cars never before seen.

The house next door, or across the street —the neighbor who you do not know, and somehow never got around to knowing, whether because they were latecomers or you were, and the “other” didn’t seem all that willing, friendly or “neighborly” to begin with, and so a settled truce became the daily routine that never altered, never became a problem, and forever became entrenched in the mundaneness of deliberate social avoidance.

We imagine what occurs in the house next door; or, perhaps not at all, except to complain when they’ve made too much noise, let their grass grow beyond the acceptable conventions of normative beliefs (or otherwise in violation of strict codes imposed by the “lawn police” of the local Home-Owner’s Association), or parked one of their cars in front of your house (yes, it is true — that street section in front of your house is actually not your property, and though it may be obnoxious, the house next door has every right to park the car on your side of the street, right in front of your house).

We never know what occurs to the house next door until one day we read about the tragedy in the pages of the obituary in the local paper.  There is a sadness in that very fact; or, perhaps that is the way we have set up this disinterested and alienated society?  Do we prefer to remain ignorant of the goings-on of the house next door?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition forces the preparation and filing of a 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, it often feels like living in the house next door — for, suddenly, you find yourself looking at familiar surroundings from across the street, or from beyond the fence that separates, and you begin to wonder whether you ever knew your neighbor, and what they are up to.

There is an alienation involved, and you must always remain suspicious as a “new” car is suddenly seen parked across the street, and the Supervisor or coworker seemed to be sharing information and gossiping with furtive eyes averted from your view; and yes, the Federal Agency or the Postal Service may be getting ready to initiate an adverse action of some sort — like the house next door that you never knew and now would rather not.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from USPS or other Federal Agencies: Solomon’s choice

Even in this age of millennial ignorance of ancients, literary or biblical references to arcane metaphors (while taking delight in such useless information as the minutiae of Sanskrit grammar), the general view that King Solomon’s judgment was profoundly wise, is accepted without argument.  Yet, were his assumptions correct, and do they apply today?  Is it presumptively reasonable that love of child would rise above the other emotions felt – of jealousy, perhaps, or envy of the other mother – and declare the truth of the hidden motive?  Is there a priority or order of sequence that necessarily mandates truth to manifest itself, when the choice is one of death, loss, sacrifice and the horror of splitting a baby into two?

Of course, beyond the significance of the epic story itself, is the metaphor we are left with in living our daily lives – of making a choice between honor and its opposite, or of Truth and Falsity; of enduring for the sake of X as opposed to sacrificing in the light of Y.  To embrace a Solomon’s choice is to accept that there is a binary presentation in life’s offerings, and while that is often the appearance of a case, it is the stark reality of the limitations of alternatives available, that makes a decision to be made difficult and unenviable.

For Federal employees and U.S. Postal workers who must endure and “deal with” a medical condition, such that the medical condition has come to a point of interference with many of life’s major activities, including employment and performing the essential elements of one’s Federal or Postal position, the options presented are often binary, and sometimes adding another to create a trinity of choices.

The Federal or Postal employee can remain and endure; or, if the Federal or Postal employee has met the minimum eligibility requirements (18 months of creditable Federal Service and an evidentiary basis of showing that a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job), consideration should be given to preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

The “other” choice, of course, is to walk away and do nothing; but that is, in effect, no choice at all, for the time invested and accrued in one’s Federal or Postal career should never be discarded and forgotten, especially when the second option is there to be accessed.

In the end, perhaps Solomon’s choice was, likewise, parallel to that “third” option which resulted in the decisions made, and as a consequence, bore the fruits for the future Trinity.  To split the baby in half could never have been a serious consideration, just like walking away without trying should rarely be considered by a Federal or Postal employee who suffers from a medical condition which prevents him or her from performing one or more of the essential elements of one’s Federal or Postal job.  Solomon’s offer was, of course, a wise one; for, in the end, he knew that such a choice was an untenable one, just as the Federal or Postal employee knows that filing for Federal Disability Retirement benefits is the one which will ultimately be the wise one.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Lack of time

It takes time in order to be “nice” and “considerate”.  We don’t have such a luxury, anymore.  We have been sold a bill of goods; that technology, Smart phones, computers, laptops, tablets; of the actual engagement in texting, emailing, and all of the multitudes of communicating by delight of button-pushing, will allow for man to pursue the creativity within, and to forego the toil of an otherwise working world. Then, we would reach the pinnacle of human ecstasy, of “time” enough to do that which we  were destined for.

And, yet…  Somehow, the promises made became empty vessels of contractual vacuity, and the social contracts so construed with ponderous delights, never reach a moment of fruition, and instead left us all with an emptiness of soul.

When a society begins to trumpet blares of social “rights”, and to utilize the political process and the courtrooms to assert the ability and capacity to force changes, then it is the step beyond moment of neighborly cohesiveness.  There have always been disputes within organizations, townships, blocks, etc., which have required mediation and third-party intervention; but, for the most part, the working order of a society depends upon common courtesy, decorum, and accepted conduits of conventional behavior governing personal conduct and public displays of geniality resulting in the glue which cements societal functionality.

But, that takes time.

It takes time to say “hello” and “good-day”; it takes time to know that The Stinsons down the way, or the Zachariahs or Abdullahs two houses away and four blocks to the left of the Smiths, respectively, have a child with pneumonia (as opposed to being fearful that such revelation of illness will be interpreted somehow as weakness of character), and the discourse of living should immediately invoke a response of care, concern and a grant of extended help.

But we don’t have time for all of that nonsense.

That mushy-gushy-goo of human relationships, where actual contact has to be engaged, and when picnics were once the commonality of congregation when children dressed in Sunday bests with butterfly nets in hand, flushed cheeks from the midday sun of dancing waves in the delight of a summer’s breeze, and neighbors actually stood face-to-face and reflected upon the concerns of others, and not faceless stoicism and the staid numbness within the cocoon of selfish wants and virtual realities of Pokemon and timeless pursuits of distractions unleashed but for the loss of connection with human contact, and thus of humanity itself.

But, that is because we lack the time.

For Federal employees and U.S. Postal workers who feel the loss of time and the lack of time, and where time seems to be “running out” like a spigot left unintentionally open and connected to a finite source of reserve – it may be “time” to prepare, formulate and file for OPM Disability Retirement benefits.

When the agency has no time for one’s medical condition; when the U.S. Postal Service cares not for one’s health; then, the only “time” which matters is that moment when health deteriorates and progressively debilitates, and then it is surely time to consider “moving on” and leaving those with such ties to the currency of time behind, in order to reach that pinnacle of timeless timing when an effective Federal Disability Retirement application may be submitted to the U.S. Office of Personnel Management, where lack of time is more akin to the timing of lack which certainly takes time to prepare, formulate and file in a timely timelessness.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: Fatigue of Life

There is clearly a distinction to be made between the general fatigue which life blows upon us all; like the child left to play outside in days of yore, and comes back with the grime of healthy dirtiness, the imperceptible layers of life’s hardships cover everyone, like the light dusting of snow overnight revealed in the morning dawn of a winter’s day.  But the profound fatigue which overtakes one from the daily battle against an incapacitating medical condition, is a difference which cannot always be adequately described, if ever.

The medical condition itself creates a circumstance of unique debilitation; the fight against it, whether without one’s conscious involvement — as in the soundless battle of healthy cells against the invasion of marauding maladies, as opposed to the exertion of willpower to continue on in engaging the daily living of life’s challenges — is of somewhat irrelevance, inasmuch as the combination and totality of one’s entire being is always and every day in the midst of the fight.

It is that subtle distinction which the healthy person is unable to understand; it is not life’s fatigue which prevails upon the sick person; it is the sickness itself, in addition to the fatigue of life.

For Federal and Postal workers who must contend not only with the daily grind of life’s routine, facing the bureaucracy and administrative headaches of filing for Federal Disability Retirement benefits through one’s agency (if still with the agency or otherwise not separated for more than 31 days), and ultimately through the U.S. Office of Personnel Management, is a challenge beyond that foray of the day’s entanglement with the world.

Federal and Postal employees must do the everyday things that all of us do:  attention to personal needs; work, if possible; interaction with family, neighbors, coworkers; and beyond, the fight against the medical condition itself.

Filing for Medical Retirement through OPM, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is to face another of life’s challenges, beyond the daily routine and call of one’s duty and commitment to everyday life.  And since defeat is never an option, and giving up is not in the American character of perceived self-image; whether one is faced with the fatigue of life, or of life’s challenges beyond the general malaise of daily living, it is how we face the cup of gruel we are served, which will determine the future path as yet unknown, as yet unsettled.

Sincerely,

Robert R. McGill, Esquire