OPM Disability Retirement under FERS: The “Right” Way

There are many ways to do things.  Often enough, we have heard our parents say gently, “Yes, you can do it that way, but the better way is…”.  The increasing superlatives — “good”, “better”, “best” — are like the houses in the story of the Three Little Pigs, of the house that was made of straw; the one constructed of sticks; and the last one, of bricks.

Can we say that all three were “good” houses?  It depends, one supposes — upon the utility, the comfort, and the “reason” behind why and what the house was built for.  As a matter of mere location for sleep and comfort, one could argue that any of the three homes were adequate.  If, however, as the story unfolded and revealed, for protection from predators, then there was indeed only one which was the “right” one — the one constructed of bricks.

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, it is important to prepare, formulate and file a Federal Disability Retirement application in the “right” way.  Yes, there are many ways to do it, but in the end, the sequence of how one formulates and puts together a FERS Disability Retirement application is, indeed, the “best” and “right” way.

Consult with a Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing your Federal Disability Retirement case in the “right” way.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Disjunctive of Life

How often is it “either/or”?  It is the famous work of Kierkegaard, is it not?  Faith often requires it; happiness, somewhat so; but generally, the disjunctive of life is merely when we force the issue, or when circumstances dictate that a choice between only 2 alternatives seemingly presents itself as the only ones viable.

Marriage is often a series of compromises throughout a lifetime, if it is to remain successful and long lasting; careers, too, hit various roadblocks and must often allow for concessions, until something better comes along; and friendships — well, if you are going to have any, you must allow for the foibles of unattractive excesses to be ignored in order to maintain or retain any friends.

But the ultimate disjunctive of life is often where circumstances become so unbearable as to dictate a choice between two unattractive alternatives, and for Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits, the disjunctive of life comes to this: Can I continue in this job until regular retirement, or will my medical condition continue to remain chronic and even worsen, such that I will ultimately be terminated or be forced to resign?

If your circumstances echo the truth of such a choice, then it is time to consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of proceeding with the disjunctive of life that you may never have thought would present itself.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Past Upon Present

The guru dressed in flowing white garb may claim that the past is a fiction; those various “self-help” books will often declare that time is merely a continuum where we can only control that which is in the immediacy of our presence; and various philosophers have stated that the relativity of time must always be seen from the perspective of the “now”.

There is no doubt, however, that in the practical work-world, the past remains within the purview of haunting consequences.  Whether of youthful indiscretions or a darker past of substantial historical relevance more than a mere raising of one’s eyebrow, past performance is often used as an indicator of present behavior and conduct.  If a person has been convicted of embezzlement, does one consider that past in hiring practices for positions of responsibility — especially where money is involved?

Those who wave off the relevance of such considerations simply do not live in the real world.  We cannot avoid our past anymore than others will ignore it.  And so it is in Federal Disability Retirement Law, where the U.S. Office of Personnel Management will often place undue weight upon Performance Appraisals, cash bonus issues and whether there have been any deficiencies in performance, conduct or attendance in assessing and evaluating a Federal Disability Retirement application under FERS.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law before initiating a process where your past may not be your best friend or, even if it is, whether you may yet be stabbed in the back — metaphorically speaking, of course.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Disability Retirement under FERS: Not as Before

Before what?  That is the natural response.  We tend to bifurcate our lives into segments which are palatable and comprehensible; of a time before X happened, and then our present existence after X; before we had children, and after; before we became married, and after; before some traumatic incident, and sometime thereafter, etc.  The present “I” is never the same as “before”, and one could even say that truthfully about every minute, every hour and every millisecond of a distinction between the “I” in the current state and the “I” of a past state of being.

Whether on a physical, cellular level where genetic structures alter and decay even by the minute; or on a cognitive level where new information, additional data is being processed by our brains every moment of our lives.  We are not as before; we are constantly changing; and like the river which Heraclitus identified an analogy for human existence, so the vicissitudes of the world surrounding impacts us daily such that we are not as before.

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, the likely bifurcating event is the medical condition itself.  No, you may not be the same as before, and it is that identifiable change which forms the basis for eligibility of a Federal Disability Retirement benefit under FERS.

Consult with an attorney who specializes in Federal Disability Retirement Law and consider applying for Federal Disability Retirement benefits; for, not only are you not as before, but likewise, your Federal Agency or the Postal facility are viewing your work and future not as before, as well.

Sincerely,

Robert R. McGill, Esquire