Tag Archives: can you as a federal employee resign and apply for medical retirement? yes but then you’ll have one year to file or lose benefits forever

FERS Medical Retirement Claims: Things We Didn’t Ask For

Perhaps the list is long; or, somewhat shorter than expected.  If it is a long list, one must question whether or not you actually didn’t ask for the items on the list.  If it is comfortably short, then it may reflect a greater control of one’s life.

Some things which the list may include: Financial problems; difficulties at work; a dog, a cat or some other stray animal having made it to your home; unruly kids; unappreciative kids; kids who never grow up.  Marriage often adds to the list — not because you don’t love your husband or wife, but because marriage is often an involvement of complex compromises where not everything is agreed to.

Can a shorter list reflect a greater capacity to control one’s life?  Perhaps — but the one column you cannot control is: A disabling medical condition.

That’s one of the things we didn’t “ask” for, although living a certain type of lifestyle may implicitly be interpreted as having “asked” for it, like: Jumping out of airplanes while being in the military (with later consequences of degenerative arthritis in the knees, for example); living in an unregulated state where upriver or downwind is a chemical pant spewing out dubious toxins which rain onto your lawn, forever killing anything and making those tomatoes a strange grey pallor, as in the state of Texas and perhaps some others; or of excessive use of drugs and alcohol in self-medicating for stressful issues, etc.

But, for the most part, a medical condition is one of those on “The List” which we didn’t ask for.

For Federal Gov. employees and U.S. Postal workers who suffer from a medical condition — whether you asked for it or not — the prospect of preparing a Federal Disability Retirement application under FERS may well be necessitated by one of those things you didn’t ask for.

When a medical condition prevents you from performing one or more of the essential elements of your job, it is time to ask for something which you need — a Federal Disability Retirement Annuity — because of that which you didn’t ask for — a medical condition.

Hopefully, your application with the U.S. Office of Personnel Management will fall into another known category: Of Ask, and You Shall be Granted: An approval, from OPM.  Contact a FERS Disability Lawyer who specializes in Federal Medical Retirement Law and begin the process of asking for a benefit which is your right under Federal Law.

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 Disability Retirement Benefits: Paintings Without Words

The cave paintings in Lascaux are apparently a stunning display of prehistoric art created by Paleolithic Man some 17000 years ago — well before Christ, before the Roman or Greek civilizations; before the written word.  The depictions are of animal figures and of man; but without words.

Of course, if you visit an art gallery, every painting is “without words” — except, perhaps, of the title given to the painting, like “The Boy in a Red Vest” or “The Starry Night”, or even, “Self-Portrait”, etc.  But these cave paintings lack even a title.  They are silent — truly in the sense of lacking noise, explanation, etc.

Various “experts” have apparently rendered their interpretations as to why they were drawn and what they depict; the “meaning” of the art.  Why did such men (why do we presume they were done by men, and not by women?) paint upon the walls of that cave?  What did they intend?

Such interpretations may or may not be true; one shall never know, because the context of the once-vibrant community has been lost.  They remain as paintings without words because the words were lost long ago, and so the meaning behind the depiction — what gave it “meaning” — has been lost forever.

It is similar to the feeling and sense that a Federal or Postal employee has when a 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 “meaning” behind the work is lost, because the functionality to perform the work has been separated from the ability to engage in that functionality.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law and begin the process of recovering the meaning behind the work you once loved; for, like paintings without words, work without freedom from pain and turmoil results in a profound sense of 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.

 

FERS Medical Retirement: Adapting to inevitable change

Change is an inevitability in life.  Most people, if confronted with it, freely admit that they do not “like” changes.  Being static; doing things routinely; living by force of habit; having a “routine” — these provide a sense of comfort.  Change, of course, can be a good thing — whether of forced alteration for the good of an individual or circumstance, or voluntarily because a necessary modification was identified, resulting in a greater refinement of efficiency or adjustment towards greater perfection.

Can a life unchanged throughout long survive?  Nature itself and the evolutionary theory of adaptability provides a partial answer: Those species which failed to adapt to a changing environment became extinct; others who adapted, whether by natural selection or (in the case of human beings, presumably) by planning, were and are able to survive the vicissitudes of tectonic shifts of change.

There are, of course, those who thrive on change — we read about them in various accounts about people who love the thrill of daily tumults and the unpredictability of ordained routines, or lack thereof and the instability of a life replete with the “high” of adrenaline flow that never ceases.  Can there be people like that — of the high-wired, high-strung individual, and do they constitute the paradigm of how the human species was able to survive the spectrum of past climate changes ranging from devastating floods, shifts of weather and increase of temperatures?

There are macro-based changes and micro-based ones, depending upon one’s perspective.  Global modifications represent the macro; alterations in individual lives constitute the micro.

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 need to file for OPM Disability Retirement benefits under FERS may seem like a “micro” change to the outside world; but for the individual, it is a big deal, and how to adapt to the change that will come about in filing for Federal Disability Retirement benefits can be a major, tectonic shift in one’s life, and to prepare for adapting to such a change, you should consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Smelling the roses

It is a simplistic attitude, but one whose truism dominates and attracts: to enjoy life and have the capacity to relish in it.

“Stopping to smell the roses” is all well and good to declare when you don’t have much to do, or when you are in a position to reverse life’s onward march; however, for most of us, the stresses of daily living, of trying to make a living, and of the uncontrollable demands that beset us every day, undermines the advice of the sage: yes, tranquility can reflect a healthy mind and slowing of pace can lead to longevity and stave off mortality’s inevitable decline; but how does one contend with and control modernity’s screaming frenzy?

The appendage to the image of “smelling the roses,” of course, is the admonition to “pause” or “stop and” take the time; but is our loss of olfactory sensitivity a result of our lack of use?  How many of us even notice the scent of a flower, whether when we walk into a room or meander along a country path? Instead, most of us sneeze with irritation, beset with asthmatic symptoms of allergic disdain, and view such niceties as merely one of life’s obstacles to overcome and ignore.

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 job, the concept of pausing and “smelling the roses” is the last thing to consider, and life’s travails will only continue to shout and scream to prevent such a prosaic declaration.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will not necessarily allow for greater time to smell those roses, but it will allow for more time to attend to one’s own health — and isn’t that the point?

We take for granted our health, but when our health begins to deteriorate, the stresses begin to compound and exponentially aggregate.

Smelling the roses comes only after the priorities of our life have been placed into proper order, and preparing, formulating and filing for Federal Disability Retirement benefits when it becomes necessary is the first step towards reaching for the ultimate paradigm of life’s resistance to the stresses inherent and overwhelming: Health; life; relationships — then, to pause in order to smell the roses.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Landmines undetected

Landmines, or other similar devices left undetected, whether improvised to explode and damage, harm or otherwise maim and kill, are constructed and implanted precisely for the purpose of being hidden until it is too late — until, unaware and unconcerned, the unwary enters into the foray of the device and suffers from the resulting potency of mayhem.

Landmines undetected do exactly what they were intended for: to catch the target unaware, and to perpetrate the greatest extent of harm and destruction possible.  Undetected, they lay in wait in camouflaged veils of surreptitious decoys meant to project an aura of innocence and harmlessness, until it is too late.

Then, of course, there are those landmines which could have been detected, or should have been; where the unwary should have been easily apprised of the potential harm, but for whatever reason — apathy, ignorance, lessening of one’s resolve or suspicion, or whatever the excuse or reflective rationale — failed in the process and suffered the consequences.

The term itself — “a landmine” — is often used allegorically and metaphorically, to emphasize a point of danger, potential hazard or other undetected potentiality, whether concealed, veiled or ignored as irrelevant and insignificant.  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 landmines undetected in Federal Disability Retirement Law may become the very ones which lessen and diminish the chances for a First Stage success.

While most mistakes are correctible, the single greatest landmine that is left undetected, and which often results with the most dire of consequences, is the one that should have been known or otherwise thought of, but was left as a mere inkling ignored and unresolved.

Consulting with an experienced attorney who specializes in Federal Disability Retirement law is a good way to avoid those metaphorical landmines left undetected, and while the Federal or Postal employee who is filing for Federal Disability Retirement benefits may falsely believe that he or she is unable to afford an attorney to guide the Federal or Postal employee through the process, it is the very opposite thought that should be entertained — of failing to afford the prevention of a potential harm upon stepping on a landmine undetected — which should make one pause and reconsider.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Bumps along the road

On any trip or travel, how many bumps are felt or experienced along the road?  Many are imperceptible; some are noticeable; a few may be jarring to the effect that it jolts one from the automatic-consciousness-mode of how most people remain while driving.  But what impact does the entirety of the aggregate have upon both the vehicle being driven and the individual sitting behind the wheel?

Take first those almost-imperceptible bumps — what effect do they have, over the life of a car, upon all of the parts, bolts, springs, complex computer systems, etc.?

We know that, over time, stresses and metal fatigue over many trips and upon thousands of miles of travel can result in the sudden breakup of an airplane engine, or when a catastrophic event suddenly occurs where a car stops running or a plane crumbles in mid-flight, we come to the realization that the aggregate of imperceptible bumps can, over time, cumulatively have the effect of a single jarring event.

The fact that they are ‘imperceptible’ doesn’t mean that they don’t exist, nor that they have no impact; rather, it is just that we do not perceive them.  That is the old Berkeley problem in existential philosophical discourse, is it not?  Of the following: Do mountains exist on the far side of the moon despite the fact that we do not see them?  Does perception equal existence, or merely one’s perspective upon an opinion concerning such existence?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates the effective preparation, formulation and filing of a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the bumps along the road in the complex administrative morass of a Federal Disability Retirement process will be many and sometimes overwhelming.

Some of the proverbial ‘bumps’ may be minor and merely irritating; others, looming large and difficult to conquer.  To ensure that the ‘ride’ is smooth and relatively trouble-free, you may want to consult with an attorney who specializes in Federal Disability Retirement Law, lest the bumps along the road result in a jarring decision of denial issued by OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirements: The Cynic’s Tavern

It occupies a dilapidated building on the edge of town.  The sign that once overhung the entrance is faded and barely noticeable; but, then, the patrons who enjoy the end-of-workday glass or the occasional wanderer who mistakes the place for the origins of exotic mixtures need not a neon of invitation, but merely a marker that beckons.  Laughter is allowed; speaking is optional; rude behavior is not tolerated.  Silence is golden.  People go to the place of drink and merriment because it lacks the pretentiousness of the world outside; and the large man with a stubble of a week’s shade serves with nary a word, and respects the look of fatigue and demeanor of defeat foreshadowing the heavy sigh accompanying the hunched shoulders of the breathless customer.

The Cynic’s Tavern is the place where old men gather, young men and women cluster, and those somewhere in between loiter.  The younger ones have not yet been tainted by life’s travails, and hopeful dreams still clutter the naïve souls of untouched innocence; the one’s who have moved through some years of agony, still retain a glint of smiling faith; but it is the elders of the universe who sit at the bar and despair of lives wasted, wars endured and years forgotten but for the joys of friendship and solitude.

Cynicism is like a virus infecting a town’s essence; it destroys by incremental advances of insidious fatefulness, and never returns the gift of life once gained but lost forever.  If it has not yet prevailed, then wait a few years; life itself guarantees it, as fairytales of beauty, essences of love and mythological lands embracing inclusion and empathy, exist only in the minds of children, the duped or the meandering demented of society’s wasteland.

For Federal employees and U.S. Postal workers who continue to fight against joining the Cynic’s Tavern, the issue is often one of withstanding and withholding for so long, until succumbing is merely a matter of time.  If the daily harassment, deteriorating health and constant detours down the alley of worsening conditions has led to a point where preparing an effective Federal Disability Retirement application becomes necessary, then it is time to take the next step and formulate the proper and most efficient strategy in order to increase the chances of an approval before the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It is one thing to enter through the doors of the Cynic’s Tavern for an occasional drink; it is quite another to find one’s seat there warmed by the constant occupation of one’s unmoved derriere.  The best antidote to prevent or curtail cynicism is to keep moving; otherwise, the stale drink and smoke-filled room will ultimately become a part of one’s vacant stare into a future less hopeful.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The pendulum swing

Time used to “march on”, and the pendulum swing was a metaphor which everyone understood.  No more.  The digital age of technological superiority has made such inane profundities left stacked upon the history of obsolescence.  But for cherished grandfather clocks in hallways of mansions forgotten, or in the mysteries of worn novels where the tick-tock represented the anticipation of the sudden death scream; the slow, mechanical device which moves to and fro, left to right, right to left, and into the eternal progression of marked time, is but an irritant for the noise it makes.

Have we outlasted the utility of mechanical complexity?  Does the software program in which we see nothing but an algorithm of undecipherable content ever transcend the fascination we glean from springs, weights and mechanisms of human innovation?

The time piece too heavy to carry about, yet never replaced the pocket watch transferred with generational delight, and reflected the craftsman’s care in perfecting the soul of a person’s worth.  Somehow, the digital face of a blinking light flashing when the electrical surge fails to protect, is not the same as the quiet peace of an undisturbed house when the pendulum ceases to swing because the owner forgot to adjust the weights.  And history now forgets, too, doesn’t it?

Are we at the far side of the extreme, never to swing back, because there is no pendulum to remind us?  Can the death of the clockmaker mean the end of reason and compromise, because there is no metaphor to realize, anymore?  We tend to believe that such metaphors follow upon a literary device of recognizing something more than the mere fodder of mechanical devices; but what if the opposite were true – that the cadence of history required the invention of the pendulum itself, and the stoppage of such back-and-forth, to-and-fro means that only the extremes of disproportionate swings will remain frozen as the epicenter of man’s egregious faults?

We assume much; and when we presume to follow history’s dialectical progression without considering the actions within our own willpower, Nietzsche’s eternal return to the bosom of our follies will surely unravel and reveal itself in the face of our reflected foolishness.  And so, as the proverbial pendulum has stopped, stuck in the timeless middle of muddled quietude, so the failure to make any progress in our own personal lives will be another lost metaphor in the eternal dustbin of forgotten concerns.

For Federal employees and U.S. Postal Workers who want to break the cycle of being stuck perennially in the quicksand of mediocrity, it may be the ripened time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  For, as time fails to move without the movement of objects surrounding, so the human frailty of non-movement and inertia is a broken mechanism deep in the recesses of the human heart.

Taking the next step – any step – in filing for Federal Employee Disability Retirement benefits with OPM, is at least a slight movement, a reverberation, of that time harkening for the pendulum to swing back to its proper place of origin.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Benefits: That oppressive air

There are circumstances in life when the environment becomes so intolerable, that one just has an inkling to “chuck it all” and walk away.  Fortunately, the human animal possesses a measure of self-discipline and restraint; although, looking at the excesses of the world around us, one would never know it.  If you watch and read the news, one would logically conclude that the world around us is falling apart and disintegrating at the seams.  If you hermetically seal one’s life and shut down all communication devices, happiness may well abound in the bliss of ignorance, but you will be deemed to be either mad or uncouth.  That is, in fact, what the ad agencies wanted us to believe, wasn’t it?

The term of modernity has been “connectivity”; everywhere you go, it is essential to life’s essence to remain in communication through various electronic devices and systems; portable “hot spots” had to be maintained, and even roadside motels got into the swing of things by posting neon signs which first touted a low price for an internet connection; then, later, when the foundational economic principles of supply and demand forced a steep decline in pricing wars, a mere announcement that free WiFi was available replaced the spectacle of flashing signs touting those strange numbers, such as “$19.95” or “$9.99”, as if we were ordering a family meal at Denny’s as opposed to maintaining that vaunted “connectivity” (what an ugly word!) for our various electronic devices.

If I had been paid a dollar for every device and newfangled invention that delivered the advertised promise of allowing me greater “freedom” and “saving more time” in order to do those things which one never has time to do, we would all have retired to gated communities in wealth, luxury and comfort.  Instead, it seems that technology, the constant barrage of information and the heightened level of stress seems to compound the problem; and with a collective sigh, one may ascribe the generic term of that “oppressive air” to describe the state of malaise in which we find ourselves.

Such generalized pressures of life are further exacerbated for the Federal employee or U.S. Postal worker who must contend with the added difficulties of a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal positional duties.  Fortunately, for the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, there is a Federal benefit to be applied for — Federal Disability Retirement benefits.

The process itself can be described as onerous and a maze of bureaucratic complexities, confounded by administrative ineptitude of an unquantifiable degree; but in comparison to that oppressive air which the Federal or Postal employee must endure at the hands of an increasingly hostile Federal agency or U.S. Postal Service — one that never seems to tolerate the disabled, infirm or otherwise “unfit for duty” — filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the preferred option, especially if connectivity to some semblance of future financial security remains an important component of life’s growing anomalies.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Pipe Dreams

The origin denotes an unsavory history of imperialistic exploitation and deserved degeneration of culturally unseen and unforetold consequences; of an encounter between foreign soils bridged by greed, necessity and inevitable destinies, but where the conqueror reaped more than what it sought.  In the opium dens which followed and the devastation of addictions ensuing, the phantoms derived from the processing of a plant which otherwise concealed the deadliness of its essence, beautiful in its floral toxicity amidst the sweet aroma that diffusely pervaded an unsuspecting population — dreams, indeed, of unreachable heights and great expectations otherwise squandered.

It is from that 19th century term — of the wafting scent of doom combined with the forgotten troubles of an industrial age, when repressive measures could be meted out by colonial strength, and insulting terms denigrating the humanity of an entire population could be thrown about by the lowliest of the low, and yet with superiority by race and ethnicity merely because one nation conquered and took advantage of the subservient nature of a quietude yet open to a coming storm.

In the end, who were the victors and what vestiges of the vanquished remained — only the untold stories of unmarked graves, whispering by twilight of plunder and portage of cultures; for, is it the country which invaded, or the one who imported the pipe dreams which subjugated the populace to an addictive essence?

In modernity, of course, the term itself has been shed of its subjugated past, and merely connotes an unrealistic expectation, a pursuance of a dream devoid of pragmatism, and a picture of flightiness attached to those who express such creative dimensions of unconstrained exuberance.  Children and the insane have them; and perhaps, still, those who partake of illicit moments of addiction and self-abuse.  But reality is always where we meet again, and the loss of time, efforts and futile exertion of wasted energy ends up back to the proverbial “square one”; what we squander in labor, we make up for in foolishness.

For the Federal employee and the U.S. Postal worker who must daily be challenged not only with the workplace hostility of repetitive annoyances, but further, work with a medical condition which progressively deteriorates and diminishes the Federal or Postal worker’s capacity and ability to perform all of the essential elements of the Federal or Postal positional duties — pursuing a pipe dream that it will all just “go away”, or that tomorrow the medical condition will miraculously heal itself, or the day after the harassment will cease:  these are mere phantasms of a hope diminished by reality.

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, is an acknowledgment that the Federal or Postal employee is no longer relying upon a pipe dream, and has taken a pragmatic step towards facing the reality of one’s situation.

In the end, a pipe dream need not be a mere vestige of a lost culture steeped in the wayward historicity of timeless depravity; for, as the past continues to haunt both individuals and the greater society, so the words which follow may describe a regeneration of that which was once forgotten, but still remains in the residue of unvanquished sins.

Sincerely,

Robert R. McGill, Esquire