Federal Medical Retirement: The Track Meet Unasked For

Do you ever “feel” as if you were all of a sudden in a race which you never asked to be entered into?

That you find yourself running and gasping for breath, seeing others with such ferocious intensity, smooth rhythmic strides in beautiful garments of sweatsuits and runner’s outfits, all doing the same thing but with a slight difference:  Others trained and asked to be part of the track meet; you believe, on the other hand, that you are the only one unprepared.  How did I get here?  Who entered me in this race?  Why am I the only one out of shape and unable to keep up?

Yet, for years, you have been in the “middle of the pack”, unnoticed; perhaps, every now and again, with great struggle and pain, a little ahead of the others; but now, lagging somewhat behind.  It is as if you were milling about as a spectator, and someone got on top of a ladder with a bullhorn and announced, “Okay, everyone listen up!  Everyone line up and when I lower this red flag, the race begins!”  And suddenly, off everyone went, and you along with everyone else, otherwise you would have been trampled to death.  And so you have entered the track meet unasked for.

That is often how Federal and USPS employees “feel” when they suddenly are beset with a medical condition unasked for, unexpected — but with an impact upon their capacity and ability to continue in the Federal or Postal position they presently occupy.  You are struggling.  You cannot keep up.  You will either drop out of the race with nothing to show for the efforts previously expended, or you will simply deteriorate slowly, steadily, progressively.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you can — this time — exit the track meet unasked for, by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS.

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 Disability Retirement Process: The Extrapolated You

You have a whole life, an entire story — a “novel” of sorts, with chapters beginning with your birth, paragraphs describing your accomplishments and sentences denoting your character.  A friend, neighbor or acquaintance comes along and picks up this novel, opens it to a random page and reads one sentence.  Perhaps that sentence, or partial-sentence, reads as follows: “…and people thought that his behavior was unacceptable.”

That person walks away with this single facet, not having read the rest of the novel, or perhaps not caring, or even worse — of wanting to hold onto that singular, “out-of-context” extrapolation of an impression wrongly held.  For, in the very next sentence, the paragraph reads: “It turns out that his behavior was entirely appropriate, and everyone who had thought otherwise had to admit to this basic fact.”

Such is a parallel scenario with the U.S. Office of Personnel Management in reviewing a FERS applicant for Federal Disability Retirement benefits — for, not only does OPM only see the extrapolated you based upon your FERS Disability Retirement application, but moreover, they are looking to selectively take extrapolated portions of your narrative as a disabled person, and are glad to take things out of context and deny your claim.

How to counter this?  By arguing and applying the Law.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and begin at the outset to rebut and preemptively reply by citing the relevant law in preparing, formulating and filing an effective Federal or Postal Employee Disability Retirement application and present the “you” as more than the extrapolated you.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement from OPM: The Triangle

Aristotle believed that the three components of a successful argument required: Logos; Ethos; Pathos.  Logos — the potency of a logical, coherent structure.  Ethos — the character and reputation of the speaker who would deliver the argument.  Pathos — the “emotional” element in the argument to be made.

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, perhaps the Pathos is already there — of the medical condition itself which has devastated your capacity to continue in your chosen career.  But that is not enough to persuade the U.S. Office of Personnel Management to approve your Federal Disability Retirement application.

You will still need the other two components — a strong legal argument which is coherent and powerful, and the reputation of a FERS Disability Lawyer who is a proven advocate for your Federal Disability Retirement claim.  Contact a Federal Disability Retirement Lawyer today and consider the triangle of a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: A Lifetime

Isn’t that enough?  Shouldn’t it be?  Or, do we feel obligated to append a dependent clause, as in, “A lifetime of achievements,” “…of having accomplished X, Y and Z”, or even: “A Lifetime devoted to…”.  Must there always be the subsequent appendage, or isn’t living a lifetime enough in and of itself?

Was Aristotle right in depicting human beings (and everything else in the universe) as possessing a purposive reason for existence; or, as the French Existentialist had declared, does existence precede essence, and instead of being fated with a predetermined destiny and an inherent basis for being born, we can simply “make up” the reason for our essence and thrive in whichever direction we choose, in whatever endeavor we decide upon?

Is simply having a “lifetime” not enough?  Must we always have a reason and rationale for our existence?  Or, is it enough to have an ending, like Yasujiro Ozu’s tombstone which simply has the characters of “Mu” — “nothingness”?  Ozu certainly “accomplished” much; as a director, he is recognized for his quiet brilliance and insightful dialogues, as well as depicted scenes of serenity and human conflict.  In the end, it was merely a lifetime, and nothingness followed except in the minds of those whom he left behind.

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 his or her job, the “thing” that often compels the Federal or Postal worker into working beyond what the medical condition allows — i.e., of “working one’s self to death” — is a sense that having a lifetime is not quite enough.

There is the “mission” to accomplish, or the work that needs to be completed, etc.  But when it comes to the critical point of choosing between one’s health and such a perspective of accomplishments, there should be no indecision: Life itself is precious, and one’s health is the foundation for a life.

At that point, filing for FERS Disability Retirement makes sense, and consulting with an Attorney who specializes in Federal Disability Retirement Law should be the next step after realizing that a lifetime is, indeed, sufficient.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Coherent Story

What makes it so, and when it isn’t, can anything make up for its lack in order to bring it around?

The historical myth of the early days of moviemaking is that the audience needed to be shown certain fundamental scenes in order to prevent any confusion and loss of interest — i.e., to start a scene with a character entering or exiting a doorway in order to “set the scene” of coherence, etc.  Otherwise, people were caught wondering how a character arrived at a certain place to begin with, and became distracted from engaging in the fantasyland of a fictional world in watching a movie.

Whether or not this is true — and there are some who doubt this, given that novels and short stories have always allowed for scenes, conversations and topics to jump from place to place without “reinventing the proverbial wheel” — nevertheless, every story hinges upon parts which make up a coherent whole.

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 coherent story must be formulated, narrated and conveyed in a manner which is both true, valid and persuasive.  Moreover, it must “fit into” the rules, regulations and statutory authorities which govern Federal Disability Retirement eligibility criteria.  How to tell “one’s story” on SF 3112A, the Applicant’s Statement of Disability, is critical in formulating a successful strategy in the proper preparation and submission of a Federal Disability Retirement application.

Consult with an Attorney who specializes in Federal Disability Retirement Law in order to begin to tell your “coherent story” — the one that will captivate the “audience” at the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for FERS Gov. Employees: A Trail of Regrets

Two images are evoked by such a phrase: One, of a traveler who leaves behind a trail of regrets; the other, a traveler who travels upon a trail that has already been traveled.  The former allows for new paths to be discovered; the latter, of a trail that has already been established, and one which regretfully cannot be altered.  It is the subtle distinction between the teacher who has only taught and the experimenter who has actually lived it; the contemplator, as opposed to the one who gets his hands dirty; the one who procrastinates forever and a day, in contradistinction to the individual of action.

Regrets are a funny animal; they haunt us like loyal dogs who never leave our side, and like collectors who cannot sell their accumulated pieces, the weight of the aggregate is what ultimately destroys.  The longer we live, the greater the chance of having gathered regrets that tether our souls; and in the end, it is the state of our souls which we need to be concerned about.

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 his or her job, the choices are clear: remain and endure the suffering; quit and walk away; or file for Federal Disability Retirement benefits.  The First may leave a trail of regrets; the Second, a trail to be traveled upon; and it is the third — to file for FERS Disability Retirement benefits — that may allow for a new path for one’s future, where one may leave behind that trail of regrets.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Internal Web of Deceit

The quote is often attributed (wrongly) to Shakespeare, when it was Sir Walter Scott in his lengthy poem, Marmion, which conceived it: “Oh what a tangled web we weave, When first we practice to deceive.”  It is the internal web caught within the circular insularity of one’s thought-processes which allows for the capacity to deceive — but of or for whom?  Is it ourselves we deceive, or others, or both?

The problem with internalizing one’s thoughts is not that they are necessarily invalid; it is that there is no objective basis upon which to test their viability.  We all engage in private thoughts; carrying on conversations with ourselves, the problem lies not in whether or not we have interesting ones or not, but whether and to what extent the exaggerated absurdity of circular discourses take on a more bizarre aspect.

Fear does this; and when we fail to test our thoughts against the reality of the world, the web we weave becomes more and more tangled, until the practice of self-deception takes on an enhanced and serious result.

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, it is often necessary to consult with an attorney before considering the difficult bureaucratic path of filing for Federal Disability Retirement benefits.

Your medical condition is no doubt “real”.  The problem lies not in the medical condition, but upon the administrative procedures which must be passed through in order to present a credible case of eligibility for Federal Disability Retirement benefits.

For that, it becomes necessary to break out of the internal web of deceit — of the cage within one’s insular thought-processes — and to test the strength of the web as against the laws which govern the administrative procedures involved in formulating an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire