Tag Archives: becoming medically disabled as a department of defense employee

FERS Medical Retirement from OPM: Forged Perfection

We tend to think that perfection is some entity “out there”, and we only have to search for it and find it.  Thus do we believe that the “perfect” marriage partner is out there; that the perfect career or job — and even the perfect life — is somehow in existence to be “gotten”, “had”, “embraced”, “met”.

Yet, people clearly have the wrong idea.  Perfection is forged; it is molded, hammered, worked upon; and like molten metal ready to be configured, it takes hard work.

People tend to think that all that is necessary in life is that “Aha” experience, where the gestalt-phenomenon is what is needed, and Nirvana then envelopes the unassuming.  The truth is, any “aha” moment is just the beginning; the years following — the hard work to forge that level of perfection not yet attained — are what will determine any semblance of perfection.

The delusions engage are represented in modernity by the extravagance of the Wedding Day.  On that day, the opulence and extravaganza seem to confirm the unfortunate falsehood, that if you just spend enough, if the wedding day seems like a day of perfection — then, aha!  Perfection has been achieved, and no further effort needs to be expended.

Unfortunately, such fairy tales do not occur.  Marriage, like anything and everything else worthwhile, must be forged.

For Federal employees and U.S. Postal workers who suffer from a medical condition, perhaps you mistakenly thought that you had the perfect career, the perfect job, the perfect life.  Or, perhaps not.  Regardless, such things as disabilities constitute those unexpected sidelines which disrupt and lead to a sense of disarray.

Contact a FERS Medical Retirement Lawyer who specializes in Federal Disability Retirement, and understand that anything worthwhile — any level of perfection — must be forged with effort and a worthy fight.

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 from OPM: Before and After

Do you remember those old pictures on the advertising pages of various magazines?  Or, perhaps they are still there?

Whether for diets, some “Atlas He-Man” powder to build muscles; where the “before” picture is always grainy and indecipherable; whereas the “after” photograph is of a beaming, smiling, clearly and visibly an ecstatic person, satisfied and happy with the product and the end results.

comparison of the two — the person “before” and the individual “after” — is always of dubious quality (at least with respect to the “before”), and triggers the question:  Is it the same person?

But the question itself is somewhat irrelevant — for, of course, in one sense, it is not the same person; the person “after” is different because that is the whole purpose of the advertisement, to convey to the reader that the person “after” is a different person from the person “before”, and the photographs are meant to show you the difference.

So, is it false advertising if the person photographed in the “after” picture is not the identical person as the one shown “before”?

In one sense, it obviously is, because the advertisement is trying to persuade you that the product being sold is what caused the change, and surely if you photograph the “before” person as being the same — but now different — as the “after” person, some semblance of subterfuge was engaged in.

On the other hand, if the whole purpose of the advertisement is to convince you that both the “before” person and the “after” person (both of whom presumably used the product being sold) are, in fact, “different” from one another, then how is it that there is any falsity in the advertisement?

For Federal employees and U.S. Postal Service 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, clearly — and without false advertising — there is a difference between the “before” and the “after”.

Before the medical condition, the Federal or Postal employee was a vibrant, productive worker.  After the chronic medical condition — well, the clear necessity to prepare an effective Federal Disability Retirement application under the FERS system tells the whole story.

Contact a FERS Disability Attorney who specializes in OPM Medical Disability Retirement Law, and let not the dubious advertising of those “before” and “after” photographs in those old ads detract you from pursuing the need for FERS Disability Retirement benefits before the after of the debilitating health conditions worsens and goes too far.

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: How We See Ourselves

Disturbing studies keep seeping out from these technological times of unfettered advancement: Of kids having greater anxiety, being placed on medications at earlier and earlier ages; of technology — Facebook, Instagram and other “Social Media” outlets — contributing to how we see ourselves.

In a predominantly agrarian society — of which we were until after WWI (the Great War to end all wars — how did that work for us?) — with no technological connection between towns, cities, and even families, how we saw ourselves differed drastically than in the modern era.

We did not compare ourselves to total strangers.  We did not snap images of ourselves constantly and obsessively.  We did not view pictures of ourselves, nor had the capacity to alter, modify, “improve” or otherwise change the way we were reflected.  In fact, the grainy images of black-and-white photographs barely captured the outer shell of who we are.

So, how did we see ourselves “back then”?  We didn’t.  Instead, the focus was outward — towards the objective world we had to maneuver through in order to survive.

In modernity, the focus has shifted inward — within the universe of words, language, thoughts, images, and the aggregation of an insular world.  This shift is important to recognize, for we have to counterbalance the overemphasis upon how we see ourselves.

For Federal employees and U.S. Postal workers who are suffering 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, How We See Ourselves is important in light of the devastating impact that the loss of one’s career and instability of one’s future is looked upon.

Greater stress and anxiety likely dominates.  The insular and the objective feed upon each other and trigger greater difficulties.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of taking a greater balanced view of How We See Ourselves by prioritizing your health, and therefore, your future.

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 from the OPM: Changes we resist

It is almost a tautology; two words placed together as synonyms; and, indeed, the word “change” and its neighbor, “resist” have a commonality that cannot be avoided: Both imply an alteration and a sense of life’s modification never to return back.

We resist it, precisely because we want it to remain the same; but change is inevitable, and to resist is to often engage in acts of futility against a tide which resists resistance.  Few of us welcome, let alone savor, changes in our lives; and when they first appear on the horizon of potentiality, we try and resist, to stop it, to alter the course of history’s onward march.

Perhaps we merely refuse to join in with the change; or have an inner attitude of non-acceptance; or sit gloomily and pout throughout the remainder of days simmering with resentment that we were forced to accept that which we never wanted.  It is like the divorce that shattered one’s childhood and from which we never recovered; the stepmother or stepfather who entered our lives only added salt to the wound where change was resisted but no one listened to our protestations and pleas, asking, “Why can’t it be the same as always?”

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, “change” and the “resistance” to change are inevitable dualities of life’s misgivings.

Perhaps you were once at the “top of your game” and considered the best at what you do; or, perhaps you thrived on anonymity and were happy to work in a quiet, unassuming way.  Regardless, the very thought of change is something you resisted, but a medical condition forced such a change whether you like it or not.

Change itself is always difficult, but there are ways to mitigate the vulnerabilities that accompany change: Consult with an attorney before engaging battle with the U.S. Office of Personnel Management in filing for Federal Disability Retirement benefits.  For, while change may be like the uninvited stepmother or stepfather into one’s life, the change that truly becomes a tumultuous event is the one where you step forward into the unknown without any guidance or assistance.

Consult with an attorney who specializes in Federal Disability Retirement Law in preparing, formulating and filing for Federal and Postal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Problems

We all have them; some, more than others; and by either quality or quantity, we often judge as to the burdens overloaded in our lives, comparing to others by contrast the significance of the impact of each, whether large or small, tragic and grandiose or irrelevant like a speck of a fly upon a windowsill in the basement where no one visits, anyway.

Wait long enough and they will sometimes go away; wait too long, and the little bothersome inkling may turn into an insurmountable gargantuan of a magnified adversity beyond human tolerability; and in the end, we are left with either being resigned to live with them, to solve them, or to simply survive them.

Problems are inherent to human living.  A wise pastor once said, “Where there are people, there are problems.”  This statement was a recognition that human interactions, relationships and the mere bunching up of personalities that conflict and become adversarial, in a world of limited means but unlimited emotional upheaval, by necessity invites problematic encounters.

We often think that, “If only I had…” — then, what?  That all problems would simply vanish?  Hardly, and most unlikely.  For, history has shown that in every endeavor that requires effort; in every relationship no matter the matching of perfection as to personality, temperament and compatibility; in the end, whether by external influences or internal derangements, conflict will erupt and problems will abound.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the necessity may arise for filing a Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset.

In such a state of affairs, problems already are inherent — the medical condition itself.  The key, then, is not to compound the problem by trying to maneuver through a complex administrative process without legal expertise, but rather, to engage an attorney who specializes in Federal Disability Retirement Law.

In the end, it is the compounding of problems that can be controlled.  Problems will always be with us, but for the Federal or Postal employee who must contend with a medical condition and must file a Federal Disability Retirement application, always remember that it is the next step beyond the original problem that will often determine the future course of problems, and whether they can be limited or allowed to fester and boil over into a compounding of further problems.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on FERS/CSRS Disability Claims: What isn’t known

There is often that final question during a consultation — of “any other advice” that can be given, or whether something else was forgotten, or the generalization of “Anything else I should know?”  That is where the particulars of a case must be known, and the wide chasm that exists between “being a client” and merely receiving an initial overview of a person’s case.  For, what isn’t known is often the element that can harm or injure, and the question asked but left unanswered is the one that no one thought about but should have.

Lawyers like to enter an arena of legal battles well-prepared; all questions asked, normally already are presumptively answered, and no lawyer worthy of his opponent asks a question that he or she already doesn’t know the answer to, or at least has a fairly good idea about.  In a Federal Disability Retirement case, where there are multiple stages of an Administrative Process to tackle and prepare for, the First Key to success is to not submit that which will be harmful to one’s case.

As an attorney who represents Federal and Postal workers in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the primary issue is obviously upon the medical report and records to be submitted; followed by the legal arguments to be presented and established, normally through an extensive Legal memorandum, which provides a kind of “road map” for the assigned OPM Specialist to review and (hopefully) become persuaded as to the validity, incontrovertible legal basis, and the substantive qualification of the Federal or Postal employee in meeting all of the legal criteria in becoming eligible for Federal Disability Retirement benefits.

For the Federal or Postal employee who attempts this complex Administrative Process without legal representation, the obstacles, pitfalls and potential hazards are many, and it is often what isn’t known that defeats a Federal Disability Retirement case.

Sure, there are cases where the presented facts, medical conditions and evidence constitute an undeniable, “slam-dunk” case, but those are few and far between, and we can all recognize such cases and a competent attorney would normally advise such individuals to go ahead and complete the Standard Forms, attach some relevant medical documentation and file for Federal Disability Retirement benefits with OPM.

Then, of course, there are cases on the far side of the spectrum that constitute a “weak” or otherwise invalid case, and those, too, are easily recognizable.  Most cases, however, fall in the middle, within the spectrum where one must affirmatively and by a preponderance of the evidence “prove” one’s eligibility for Federal Disability Retirement benefits.  And for all such cases that fall in that “middle” area of the wide spectrum, what isn’t known is the lynchpin that must be identified and prepared for further assessment and formulation, whether by addressing it in a medical document or reinforcing it by legal argumentation.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement under FERS & CSRS: The Kokeshi doll

They are wooden dolls that are colorful, with expressions painted upon that remain frozen except for the change that naturally occurs when viewed from differing angles of sight, reflecting altered perspectives and modified vantage points depending upon one’s own emotions.  They sit on tabletops, shelves and can be a child’s playmate, though parents often view them more valuably as display items rather than taking the chance that the little brother may play them as reenactments of a prior war imagined to be fought by banging pieces of wood and throwing them against the yet-undamaged wall.

The heads are often disproportionately larger than the remainder of the body; and the rest and remainder, often just a block of smoothed wood with hands painted in a one-dimensional pattern, revealing no motion but straddling limply alongside the rectangular shape, like a submissive figure shuffling down life’s difficult trials in the daily struggles we all face.

The Kokeshi doll never complains, but always delights; never talks back, but eternally agrees; and never fails to bring light into a dark corner, but forever allows for a reminder that it is the trivial joys of life that make for worthwhile endurance in times of misgivings.  We are all, in many ways, expected to be like these inanimate objects that we have projected our own emotional well-being upon.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of the Federal or Postal employee’s job, the fact that you are no longer able to remain impassive, implacable, disaffected and unmoved by the manner in which the Federal Agency or the U.S. Postal Service has begun to treat you, is not an extraordinary insight to possess and be suddenly enlightened by.

Though we may enjoy the delightful colorfulness of a Kokeshi doll, we cannot expect to be nor act like one.  It was always the productivity released, the competence revealed and the level of contribution inputted that made the Federal or Postal employee “valuable” to a Federal agency or a Postal facility; but when a medical condition hits a person, it is simply “not right” that the Federal agency or U.S. Postal Service should treat the Federal or Postal employee as merely another Kokeshi doll who should remain quiet and unperturbed standing in a corner.

Thus, when the Federal agency or Postal facility fails to treat the Federal or Postal employee as something more than the inanimate object a Kokeshi doll ultimately is, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, before that rough-and-tumble younger brother comes along and really begins to mistreat that block of wood.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The power of dialectical shrewdness

The Middle English noun form of the term connotes a conniving and negative tone, as in the focus of Shakespeare’s play, “The Taming of the Shrew”; but the adjective form merely denotes a practical astuteness in utilizing scarce resources in creative and constructive ways, whereas the altered noun form of “shrewdness” simply extends upon that kinder, gentler meaning.  When truncated as a compound concept with the term encompassing language and communication, however, it is meant to imply a practical force of conveying which sheds itself of unnecessary embellishment and unrequited force of utterance.

We live by narratives.  They form the foundation of who we are, the essence of that image which we carry about, and we readily push the proverbial “button” of the subconscious when queried about our past.  It is not so much that Grandpa or Uncle Ben are getting senile when they repeat the same stories, tell the parallel jokes, or convey the identical remarks from the previous merriment of holiday cheer; no, the narratives kept deep within the treasure troves of the inner soul and psyche are mere traces of a recording played with repetitive muse.

Can they be altered or amended?  Of course.  Can corrections occur? Always.

That is why, when a third party is invited to dinner, who by happenstance was present to confirm or deny a shared and common experience, or to correct a detail not heretofore known (it turns out that Grandpa wasn’t quite at the “first” landing of D-Day, but arrived a few days later as part of a “clean-up crew” in a more “administrative” capacity), the sudden need to rearrange and reorder the ensconced narrative forever frozen in a timeless eternity of thought, historicity and remembrances, becomes more of an irritation than a grudging concession.

That is why it is vitally of importance when a Federal employee or U.S. Postal worker who is preparing an OPM Disability Retirement application, to recognize a need to depart from the automaton-workings of life’s daily routine.  Language is more than a conveyance of directions and recipes to prepare a meal; it is the manner of osmosis for higher animals and angels unseen in a universe of trolls and trollops.

For the Federal employee and U.S. Postal worker who must 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, recognizing the power of linguistic shrewdness, wrapped in the methodology of forceful dialectical argumentation — of that combination of words, facts, forming narratives of undulating emotional sensations which reach down into the depths of souls unmoved, and yet pragmatic to the core because of the sufficiency of correlating and confirming documentation gathered and research unearthed — these are what make for the fine gold dust which must sprinkle from the wings of angels when the flight of the Phoenix must arise from the ashes of a Federal or Postal career ended by no fault of your own, but through a medical condition unplanned for and unnerving to the unknown exponent of a future to be followed.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation and Retirement under FERS: The stick figure across the street

We all drew them.  They are simple figures, one-dimensional, created not only by children and uncreative hands, but by sophisticated artists who convey complexity through their uncomplicated depiction.  Upon such lack of depth, we can project an unending dearth of fillers, precisely because the simple lines invite us to increase the servile skinniness by piling a composite upon the lean figures which are mere caricatures devoid of substance.

The neighbor across the street, whom we have never met, and who is but a figure the size between forefinger and thumb, and remains the remnant of a stick figure, and continues to convey, so; and when the annoying bark of a midnight dog awakens the sensibilities of insomnia and a sleepless night, or of such a thin veil of loss of restorative slumber that wakefulness becomes a better alternative, then we can fill in the gaps of the stick figure, add some meat and substance, with diatribes of invectives piled upon curses and unimaginable energies of words rarely considered and never previously uttered.

Coworkers used to be nothing more than such stick figures — before they earned that status of enamored stature.  That is why leaving a career, cutting short a lifetime of accomplishments, and turning away from the vindictive familiarity of a workplace once loved, is so difficult for the Federal or Postal Service employee.

Once upon a time, the stick figures were mere appendages and afterthoughts in the life of the Federal employee or U.S. Postal worker; but over time, they gained substance, girth, and an unmerited significance merely by osmosis of daily encounters.

Thus, when a medical condition hits the Federal employee or U.S. Postal worker with a force of plenitude such that filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management must be considered, it is not just the separation from mere commerce and economic entanglement which must be considered, but rather, extrication from a social network of figures who have evolved, over many years and sometimes multiple decades, into caricatures amassing and aggregating personalities, comradeship, shared sense of missions accomplished, and much more.

So long as they had remained mere stick figures from across the street, the distance of time, the separation of dimensions, and the wall of strangeness allowed for an ease of abandonment.

For the Federal or Postal employee who must consider preparing, formulating and filing an effective FERS Disability Retirement application through OPM, however, the process is no longer merely a wave of goodbye to the stick figure across the street; no, instead, that has become the unwanted uncle who has no other home to go to, and must by obligation be evicted despite the relationship which has developed beyond the formless caricature painted upon our own minds.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Incantations of Modernity

Each generation believes itself to be the pinnacle of knowledge, wisdom, evolutionary apex and sophistication of fashion, open-mindedness and technological brilliance.  All previous generations are either mere residue of antiquity, caught in a dust-bowl of stale sentiment or stuck in a muddle of disproven superstition.  Yet, within the deep psyche of individuals, as opposed to the collective mentality of the herd, there remains wishful soliloquies of incantations marveling at the wonder of hope and fate yet in the hands of gods, gnomes and elven lineage.  “Perhaps, if I do X, then…”; “If I wait long enough, then…”; “Maybe I just didn’t say the right words…”

There is always that sense and belief, despite daily evidence to the contrary, that the objective world remains impassive, that technology is the invention of man’s imagination and fearful inner soul, revealing itself in torturous tumults of hidden consciousness; and yet we hope and wish.  That is what we impart and project upon others, no matter the extent of evil, and in spite of the manifested scorn of others.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that a change must take place in one’s career and plans for the future, this encounter and clash between one’s inner wishful thinking, and the reaction of those around — including coworkers, supervisors, managers, and the collective cold shoulder of the Federal agency and the U.S. Postal Service — is nothing short of devastation to the soul.

Hope extinguished by unwarranted dependency becomes the root of cynicism.  For the Federal employee and the U.S. Postal worker who thought that a sympathetic reaction or an empathetic emblem of responsiveness would be forthcoming when a 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 disappointment felt becomes palpable.

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, often becomes the only alternative remaining.  It is certainly a better pathway to one’s future endeavors, than to wait upon the silence deafening from the incantations of modernity, which fall upon deaf ears to the gods of yesteryear and the dwarfs who have long ago abandoned the hutches of time.

Sincerely,

Robert R. McGill, Esquire