Tag Archives: can a federal employee get medical separation without disability retirement?

FERS Disability Retirement Law: Mistaken Identity

Mistaken Identity can take many forms.  In its simplest version, it is to merely mistake one person for being another.  But there are other, more complex forms.  For example, of going to an extravagant dinner party, enjoying the lavish food, being impressed with the splendor of the decor, the fine mansion, the seemingly expensive furniture, and the elegance of well-dressed people — and mistakenly identifying the wealth of accouterments for the foundation of a fine evening.

You had “fun”.  It was a great evening.  Elegance was the appearance; conversations — well, they had their moments.  The “mistake” is, indeed, in making the identification with the surroundings, and not with the relationships.  That is the difference between modernity and times past; we tend to think that the surroundings — the furniture, the paintings, all of the “possessions” — make up for and constitute the conclusory declaration of a “fine evening”.

But that is where the mistaken identity takes place; for, could not the same result have been achieved in less extravagant settings?  Was it because we were so impressed by the wealth abounding, that we forgot the importance of relationships?

And so we have gone about destroying human interaction, thinking that the accouterments were the basis for a fine evening, disregarding the relational interactions which should always take precedence over the superficial trappings which deceive.  But that is the consequence of materialism — of thinking that, at the end of the day, the winner, the king of the mountain, the one who prevails, is the one who has amassed the greatest volume of possessions.

It is the greatest of mistaken identities — that acquiring “stuff” is what makes us happy.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to consider preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS, the “mistaken identity” is often in failing to see that one’s health takes precedence over all else.

It is something we have always taken for granted; yet, without it, all else becomes secondary and irrelevant by comparison.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin to correct the misconception which has resulted in a mistaken identity — that health comes before all else, and getting a Federal Disability Retirement annuity will help you to prioritize your health.

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 Attorney Help: Loss

The metaphors are replete; the stories of human suffering, of the chasm which develops in one’s “heart”; of the emptiness driven by it; “loss” is the sudden absence of that — or of whom — we took the existence once for granted.  Perhaps it can be an object; or even a place; of a home or town now destroyed and no longer the same.

Displacement can be a form of loss, and indeed, one which can result in misery, disorientation and alienation.  Loss of a friend; of a family member; of years of taking it for granted that existence will continue today as it did yesterday, and the day before.  The irony is that the absence of that very existence is the thing which reminds one of the former presence.  Suddenly, you recall the pervasiveness of that former existence — “She used to always do X” or “He was always right over there”, etc.

Does time buffer the severity of present loss?  Do the memories fade, the daily routines change and adapt to the sudden non-existence such that, over a period of months and years, such absence which is noticeable currently will dissipate with fading memories and getting used to that absence which was so profoundly pronounced?

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, “loss” is a familiar concept: For, to begin with, the loss of one’s health is a profound recognition of an absence of one’s former self; further, the realization that Federal OPM Disability Retirement is a necessary next step is to seek a replacement for the loss of one’s career.

All of those many years, the “job” was a central activity — meaningful, significant, relevant — then, preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management under FERS is the next step towards embracing the non-existence of that former self.  The positive side of things, however, is that such a loss can be replaced by a future which prioritizes your health, and where the presence of a better tomorrow can fill that emptiness of yesterday’s loss.

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 Employee’s Medical Retirement: A Perspective on Truth

The traditional philosophical arguments surrounding the nature of Truth, the “battle” between “Absolute Truth” and “Pure Relativism”, etc., are too often simplified and reduced to sloganeering and shouting matches which end up being nothing more than accusations as to whether one believes in a Higher Order of Being — or not.  Yet, it is often a perspective upon appearances which determines the “truth” of a statement.

Plato pointed this out in reference to the three towers in the distance; if seen from one direction, they appear to be only one; if seen from another, they constitute 3 distinct objects.

The U.S. Office of Personnel Management, in denying a Federal Disability Retirement application under FERS, takes a similar perspective on truth.  They will take each medical condition cited, isolate each and minimize the impact of the separated medical conditions upon one’s ability or inability to perform the essential elements of one’s Federal or Postal position, and by approaching the “truth” this way, can purport to make your case appear “as if” you never had any case at all.

Now, some might critically argue that such an approach is “disingenuous” (i.e., somewhat akin to the “absolutist” argument), while others merely view this as “clever” (i.e., akin to the “relativists”).  The point of OPM’s approach is to make you believe that you never had a chance to begin with, and to have you go away without filing for Reconsideration, thus reducing their caseload by a numerical insignificance until multiplied by an exponential factor of greater percentages.

The way to counter OPM’s argument?  To identify their approach and counter it with a different, more powerful perspective on truth — by further medical documentation and more powerful legal argumentation which makes OPM’s argument impotent and irrelevant.

For, in the end, a perspective on truth must be countered by proposing an alternative perspective on truth — of showing that the three-towers-in-one is a mere illusion and a trick of the eye.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Isle of Sadness

We have all been on them; metaphorically, it happens to someone all across the world, on any given day; for, the isle of sadness is that small spot in a remote locations — an island or a peninsula — where isolation and a sense of not-belonging occurs.  It can happen to those who appear perfectly content; it can descend upon the happiest among us; it often occurs with devastating force, unexpectedly, without discriminatory resolve nor sensitivity to circumstances.  Human beings are complex creatures, and the isle of sadness is merely a reflection of that state of emotional turmoil.

For Federal employees and U.S. Postal workers who suffer from being on an Isle of Sadness, the circumstances of a medical condition and its impact upon one’s career is often the cause of being placed in that position.  For, the Isle of Sadness is not a geographical location, but a state of being when circumstances close in upon us and the woes of one’s world cannot be so easily solved.

Contact and consult with an attorney who is a Federal Disability Retirement Lawyer — one who specializes in Federal Disability Retirement Law — and consider your options in preparing, formulating and filing a Federal Disability Retirement application. Such an option may be the first step in being able to return from the Isle of Sadness to a world full of hope and promise for the future.

Sincerely,

Robert R. McGill, Attorney
OPM Disability Retirement Lawyer

 

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 Medical Disability Retirement: Vital Signs

We tend to take them for granted; yet, when an emergency arises, they are the first indicators we search for in determining whether and to what extent the concerns are justified or not.

Vital signs — whether of pulse, heartbeat, breathing or consciousness — are like left and right turn indicators that forewarn of an impending action, and when they weaken or disappear altogether, it becomes an event with traumatic consequences.  For the most part, vital signs are overlooked and are forgotten about.  We do not go through a normal day worrying about our pulse, or our heartbeat, leaving aside our consciousness; for, in the act of taking such things for granted, we assume that our capacity to live, work, eat and play in themselves are signs of conscious intent, and therefore can be ignored.

Vital signs are vital only in the instance of an emergency, when the question itself emerges as to whether that which we presume to be the case no longer is, or is doubtful as to its existence.  But life is more than the aggregate measure of vital signs; its quality must be measured by the compendium of circumstances, what we do, how we see ourselves and what hopes for the future are collected and maintained.  Vital signs are merely those “basics” that are taken for granted; but beyond, there is the question of one’s quality of life.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon one’s quality of life precisely because work is a constant struggle, one’s health is a persistent problem and where one’s personal life is overwhelmed with fatigue, pain and misery, consideration must be given to file for Federal Disability Retirement.

In the end, life is more than checking to see if those vital signs exist; in fact, it is vital to life to have a certain quality of life, and that is what Federal Employee Disability Retirement is all about.

Consult with an experienced attorney who specializes in FERS Disability Retirement Law to see whether you may qualify for a benefit which is intended to return the vital signs back to a state of presumed existence.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

Federal & Postal Employee Disability Retirement: A Sense of Worth

Wittgenstein argued that a language which is kept private — i.e., known only to one person and not shared with anyone else — is conceptually impossible.  Language by definition is a vehicle by which ideas, concepts, declarations and commands are conveyed, and to remain as an eternal soliloquy would undermine the very essence of what language is meant to be.

Similarly, does the concept of “worth” make any sense within a vacuum?  Can an individual stranded on an island have any capacity to understand such a concept — of a “sense of worth”?  As an ancillary issue, what is meant by “a sense of”, as opposed to X or Y having “worth” without the prefatory addendum of “a sense of”?  If a person were to say, “I have worth” — is it different from declaring, “I have a sense of worth?”  Or, is the attribution appropriate when a distinction is made between living entities as opposed to inanimate objects?

For example, if a person points to another person’s wrist and says, “I have a sense of worth about that watch you are wearing,” would such a statement seem odd?  Is “sense of “ attributable to a fuzziness when it comes to the object/subject of such attribution?

Ultimately, whether of worth or sense of worth, what becomes clear is that the conclusion of “worth” is derived from the interaction with others within a given community.  Neither “worth” nor “sense of worth” is a comprehensible concept in a vacuum, in isolation, or as a soliloquy.  For, in the end, both language and a sense of worth are derived not from an egoistical encounter, but by attributions from others.

For Federal and Postal employees whose sense of worth has diminished because of the silence of agencies and postal facilities as to one’s contributions to the workplace, it may be time to consider filing for Federal Disability Retirement under FERS.  Consult with an attorney who specializes in Federal Disability Retirement Law and consider regaining your sense of worth by moving beyond the Federal Agency or the Postal Service that no longer sees your sense of worth.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Those Little Victories

Life offers few of them; thus do we turn to those little victories to make it all seem worthwhile.  Waterloo is almost always seen from the perspective of defeat, just as WWII is viewed from the perspective of the Allied victory, and history has always been seen as the story from the victor’s point of view except in those instances where, like Napoleon’s hubris, the single battle determined the course of world history.

Most wars are won or lost upon the incremental victories of smaller skirmishes; and so it is with life in general, where it is those little victories which make it all worthwhile.  And the victories themselves don’t need to be as a consequence of a “battle” or a “war”; it can be small things like: Making it through the day; having a sense of joy or contentment for an hour, or even a half-hour; of having spent five minutes with someone without provoking a fight; or even of having had a good night’s sleep.

Those little victories are often the ones which last the longest in memories short-lived and shorter still before the storms of life surge; and for Federal and 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 position, those little victories of making it through part of a work day without the debilitating impact of the medical condition shortening it further, is often viewed as one of those “little victories”.

At some point, however, when those little victories seem to be too few and far between, it may be time to consider filing for Federal Disability Retirement benefit through the U.S. Office of Personnel Management. For, when those little victories in life are nowhere to be found, it is time then to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to regain a sense of worth in a world which cares little for those little victories.

Sincerely,

Robert R. McGill, Esquire