FERS Disability Law: From Sanity to Madness

How quickly does it appear to disintegrate; and, yet, upon closer reflection, evaluation and inspection — of the signs missed; the indicia ignored; the greater positivity of perspective misplaced.

On the microcosmic scale, the seemingly “happy” family — of the regular routine of school, work, activities and the busy schedule confined to the kitchen table’s calendar marked with fulfilling lives; and then, the “sudden” disintegration by infidelity, followed by accusations, signs missed, evidence ignored, of claims to underlying unhappiness and a world gone awry.

On a macro-scale — of dealing with a rogue nation; of lavishing with red carpets, acceptance into the greater “league of nations” and believing that by encouraging comfort and affluence, the core of authoritarianism will diminish.  Then — invasion, mayhem, cruelty and bestiality of warring stratagems; and we “suddenly” awaken to a universe where yesterday appeared sane and today became madness.

From sanity to madness can occur in an instant — from individual lives to geopolitical spheres.  But of the signs we missed, the indicators ignored.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the the medical condition prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal or Postal job, the sanity of daily living can quickly become interrupted by the emergence of an injury or medical condition impacting one’s career, daily living, and general livelihood.

Sure, there were probably some indicators early on about the severity and chronic nature of the developing medical condition, but more importantly, it is of relevance to evaluate and assess in the immediacy of its impact upon your ability and capacity to perform the essential elements of your job.

Contact a Federal Disability Retirement Attorney to discuss the viability of preparing, formulating and filing an application for Federal Disability Retirement benefits under the Federal Employees Retirement System (FERS), through the U.S. Office of Personnel Management, before the quick-step marching band which plays to the silence of the crowd doesn’t turn the relative calm of sanity into a mad-dash of madness.

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 Law: The Law-Shield

The Law can be used as either or both: Whether as a “sword” (in prosecuting a case, whether in criminal court or of initiating a lawsuit for money damages) or as a “shield” (as in the Constitutional protection against self-incrimination, or otherwise keeping certain tainted evidence away from the judgment of a jury); or, as often is the case, the use as both shield and sword during the life of a case — it is meant to be both, depending upon the context of a case.

As a Law-Shield in a Federal Disability Retirement case, the benefit of eligibility should be reliably based upon certain “givens” — i.e, given that a person has accrued a minimum of 18 months of Federal Service; given that the medical documentation establishes that the Federal or Postal employee can no longer perform one or more of the essential elements of one’s positional duties; given that the Social Security Disability Insurance (SSDI) has already been approved, etc. — in other words, once certain eligibility criteria have already been established, the Law-as-Shield should already protect the Federal Disability Retirement applicant from a denial by the U.S. Office of Personnel Management.

In reality, of course, the Law-Shield doesn’t work so easily, or automatically, and that is when the Law-as-Shield must be affirmatively applied as a Law-as-Sword, and pointed out aggressively by a Federal Attorney who is experienced in Federal Disability Retirement Law.

Contact a FERS Lawyer who is experienced in Federal Disability Retirement Law and begin the process of using the Law — whether as a Shield or as a Sword — to assert your right as a Federal employee and your entitlement to FERS 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 Disability Retirement Law: Difficult Times

We tend to think that ours represents the apex of such characterizations, but such a view would betray our ignorance of history.  Whether defined within the limits of our own personal circumstances, or by contrast to others within the same country; or, if one takes into account the world — other nations — “difficult” becomes relative, and can never be taken in a vacuum within the historicity of such a linear perspective.

Reading about the Great Depression, one immediately recognizes the fallacy of attributing these difficult times in descriptive adjectives which fail to accurately portray an appropriate contrast to modernity; of going hungry for days; of rampant homelessness; of rudimentary health care, and so much more.

Yet, comparing one’s present circumstances to prior historical models does nothing to diminish the crisis one experiences today — for, indeed, these are difficult times, and very little comfort can be achieved by hearing the words, “Yes, but others have had it worse”.

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 of more of the essential elements of one’s Federal or Postal job, recognizing one’s own “difficult times” is the first step towards initiating the necessary process of preparing, formulating and filing an effective Federal or Postal Disability Retirement claim through the U.S. Office of Personnel Management, under FERS.

Whether the Great Depression or other malevolent times were worse or not, matters little.  What matters is to move forward in life regardless of past historical circumstance, and to contact a FERS Attorney who specializes in Federal Disability Retirement Law so that these difficult times may see the light of a future which offers greater hope than the despair of modernity, or of past times, as well.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Medical Retirement Benefits: The Inadequacy of Language

Adequacy is determined by comparing the expectation of fulfillment to the reality of what occurs.  For a short period of time in the history of human existence, adequacy was met — for, language as a tool of communication was successful in conveying commands, following simple instructions, purveying uncomplicated thoughts, relating oral traditions of historical facts, etc.

As life became more and more complex, of course, language had to keep up in order to accommodate the greater need.  The development and evolution of language has certainly become more complex, and the discipline of philology reveals such evolving complexities — but the question always remains, Is language adequate?  And the follow-up question by necessity: Adequate for what?

One might avoid the question by criticizing the vehicle of language, of course — that in the end, language is adequate, but it is the speaker of a language whose inadequacy is revealed by the inefficient manner in which it is applied, the inability to choose or recognize the right words, etc.  In the end, it is likely both — for, even a lifetime of studying one’s own language is often not enough to be able to describe the inherent complexities of the world in which we live, especially given the technological expansion in modernity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates contemplation of preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management under FERS, make sure that you recognize: (A) That such an application for Federal Disability Retirement is first and foremost a paper presentation to OPM and (B) that conveying the severity and extent of your medical conditions must by necessity be through the expertise of linguistic formulation.

As such, it is often the inadequacy of language which will determine the success or failure of an OPM Disability Retirement application.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that the inadequacy of language is not to your disadvantage.

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 for Federal Employees: Point Guard

He is the captain of the team; the one who sets the course, the pace and the rhythm of the group, whether on offense or defense.  Whether for a “set” play or an ad hoc fast break requiring creativity and quick thinking, the point guard directs, plans, initiates and commands.

If he hogs the ball and fails to dish out to the open play maker, he falls short in his role and endangers the emotional character of the team by allowing for resentment and loss of confidence. If he becomes reluctant in taking the open shot himself, or takes it and doesn’t score, he allows for the potential loss of confidence in himself.

The point guard, in short, is the most important position to fill in the most competitive of group sports: basketball.

Similarly, in an Federal Disability Retirement case, who directs, commands and coordinates the amassing of the necessary documents?  Who is in charge of directing the legal arguments to be made?  Who will initiate the process of preparing, formulating and filing an effective Federal Disability Retirement application through the defensive giant of the opposing team — the U.S. Office of Personnel Management?

Contact an attorney — your point guard — in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

Postal & Federal Employee Disability Retirement: Aimless Wanderings

Aimless”, of course, points to the lack of an aim — as in a target or a specific destination point.  “Wanderings” can refer to either a mental state or a physical experience of moving from Point A to “somewhere else”.  As a mental state, we all daydream and meander about in a thoughtless fashion; of traveling within our inner consciousness from one conceptual bubble to the next; and sometimes — or often — these thought processes are “aimless” insofar as the creative mind does not necessarily involve a strict, logical sequence of thought.

Aimless wanderings are considered, generally speaking, in a negative sense inasmuch as any action which lacks a purpose is often judged to be pointless.  However, not all aimless wanderings, whether of a physical nature or of a mental state, are intentional.  Sometimes, being lost is a phenomena where fault cannot be ascribed, and so we aimlessly wander about in an attempt to find our bearings.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition itself makes a person feel as if he or she is aimlessly wandering about concerning one’s future, career goals, etc., you may want to consult with a Federal Disability Retirement Lawyer and consider the options available for your future.

Aimlessly wandering about in the morass of a bureaucratic process — that of filing for Federal Disability Retirement benefits under FERS — will not necessarily point you in the right direction.  Rather, get the advice of an OPM Disability Retirement Lawyer and have your aimless wanderings become more focused and purpose-driven; for, the future is not some fuzzy destination out in the wilderness — it is an aim just around the corner.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Disability Retirement: The Broken Spirit

We schedule our cars in for regular maintenance purposes; otherwise, overuse and lack of regular check-ups may result, we believe, in sudden and greater disrepair which may leave us without a reliable vehicle.  We do that with our Air Conditioning and Heating systems; for, we are taught that preventative maintenance is the key to sound and reliable systems.

Is all of that true?  Or, was it a ploy by the cottage “repair” industry to have us all spend money to spend money otherwise not needed?  Isn’t it actually strange to have someone come into your home, check your systems and say, “Yes, everything is good-to-go”?  Stranger, still, when the system breaks down and we call the same people to come and repair it, and when we ask them, “Well — wasn’t the preventative maintenance I paid you to do for the past decade supposed to catch this problem?”  The answer: “Naw — no one could have predicted the doohickey to have broken when it did.”

For human beings, of course, it is quite different.  Not only does preventative medicine not always work, but there is also that “ghost in the machine” — the human “spirit” that can also become broken.  Whether from years and decades of slow and steady deterioration, or just the repetition of the constant barrage of life’s trials, people become broken both in body and in spirit.

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 perform all of the essential elements of one’s Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits under FERS.  Whether from a broken body or a despairing spirit, contact a Federal Medical Retirement Lawyer and see what the next steps are in seeking to rejuvenate the broken spirit.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Saying Something

The phrase can mean many things, depending upon the context within which it is being used.  Perhaps a person inadvertently says something profound or useful; someone else, within earshot, might comment that what that person said “is saying something” — meaning thereby that something unique and substantive had been expressed.  Or, perhaps there is a heartfelt exchange between two young people, and a silence suddenly looms over the conversation; perhaps it is an embarrassing moment, or a critical juncture in the conversation where something needs to be said — a commitment, perhaps, or an assurance, and one of them says to the other emphatically, “Say something!

It is, in the end, the “something” which is the operative word in the phrase, is it not?  The “saying” of it matters, but it is the “something” which makes or breaks the saying of it.  It often parallels the other phrase — “Do something” — where, similarly, the “something” matters greatly, but it is the “doing” of that something that people entreat each other about.

For Federal employees and U.S. Postal Service workers who are beset with a medical condition that requires the proper preparation, formulation and filing of an effective Federal Disability Retirement application under FERS, always remember that “how” something is “said” — as in a medical report or in the Applicant’s Statement of Disability (SF 3112A) is just as important as the “doing” of it — i.e., of filing the Federal Disability Retirement application.  The “something” that is said on SF 3112A must be substantive, concise and clear, and not just a bunch of “nothings” that may disappoint someone in a lover’s quarrel.

Consult with an attorney who specializes in Federal Disability Retirement Law in order to make sure that the “something” that is being said will make a difference.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

 

FERS Disability Retirement: The Meaning of Incompatibility

We hear the word often — used in conjunction with “irreconcilable differences” (in a divorce proceeding), or perhaps in an electrical engineering context where voltages and circuitry are “incompatible” with this or that mainframe, or some similar language game involving technical issues which don’t work well together.

It is a peculiar word; stated in a certain way or tone of voice, it is a declaration of finality, as in, “Nope!  These two [blanks] are incompatible!”  And ascribed to human beings?  How about: “Jane and Joe were married for 20 years.  They have separated and are going to get a divorce because they are no longer compatible”.  Does the phrase, “no longer compatible” mean the same thing as being “incompatible”?  Can two people, like two components of some mechanical processes, become “incompatible” when previously they were not?  Are people like widgets where parts can be irreplaceable in one instance, but are no longer so in the next?

It is, as well, a legal term.  In the field of Federal Disability Retirement Law, incompatibility is the “fourth” criteria that can be met if the first three (deficiency in performance, conduct or attendance) cannot be satisfied in a Federal Disability Retirement case.  Some medical conditions cannot so easily be described in terms of a 1-to-1 ratio between a medical condition and an essential element of one’s Federal or Postal job that cannot be met.

In their aggregate and totality, the compendium of medical conditions may have come to a critical juncture where they are no longer compatible (i.e., incompatible) with continuation or retention in the Federal Service, and that is when filing for Federal Disability Retirement benefits through OPM becomes a necessary function of one’s future goals and plans.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Wishes We Wish

People wish all the time.  Whether implicitly through fantasy or daydreaming, or explicitly by prefacing the thought with, “I wish that…” — the wishes we wish are often more revealing than the act of wishing itself.

Are humans the only species which projects upon things not possessed?  Do other species wish for things, circumstances, events and relationships that are not?  Does it border upon insanity to wish for things that are clearly outside of the realm of probabilities, or is it a healthy engagement of one’s time to daydream, wish, imagine and hope for?

Is there a distinction with a difference between a wish and a hope, a fantasy and a wandering daydream, or between a concocted reality and the miserable circumstances within which one exists?  If the difference is between containing one’s wishes within the privacy of one’s mind — on the one hand — and “acting as if” the wish itself is reality, on the other, then the boundary between sanity and its opposite is thin indeed.

Here’s something that tells us much about ourselves: Do we wish for things for ourselves, or for others?  Do we wish for extravagances — like a yacht, a vacation or a revitalization of a lost relationship — or something more mundane, like good health?

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 job, the wishes we wish may be common, understandable and mundane — of getting one’s health back.  And while Federal Disability Retirement may not result in better health, it allows for a Federal or Postal employee to extricate one’s self from a workplace situation that only increases the stresses upon one’s health because of the constant worry about being unable to perform the work assigned, and to instead focus upon one’s health and well-being.

In the end, the wishes we wish need to conform to the reality we find ourselves in, and for Federal employees and U.S. Postal workers who need to file for Federal Employee Disability Retirement, you should contact a Federal Disability Lawyer who specializes in FERS Disability Retirement Law and allow for some wishes to turn into a reality.

Sincerely,

Robert R. McGill, Esquire