Tag Archives: can you medically retire from federal job early? yes

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 Government Disability Retirement: Predictive Choices

When a medical condition first begins to appear, Federal employees and Postal workers rarely predict or anticipate that Federal Disability Retirement will be the choice that must be chosen in the near-term — or even in the long term.  A medical condition arises; we go to the doctor to take care of it; we continue on with life.  We rarely “plan” in anticipation of filing for Federal Disability Retirement benefits.

The U.S. Office of Personnel Management, on the other hand, looks at an application for Federal Disability Retirement benefits, reviews all of the submitted progress notes of the treating doctor, looks at a person’s Performance Reviews and denies a Federal Disability Retirement application because you — the Federal or Postal employee — were able to work through your chronic medical condition, still received stellar performance reviews, and acted “as if” there was little to nothing wrong with you.

In other words, you continued to power your way through life despite your medical conditions.  It is unfair, isn’t it?  For, you are essentially being penalized for choosing to live life as opposed to making the predictive choice of filing for FERS Disability Retirement benefits.

Contact a Federal Disability Retirement Lawyer who specializes in OPM Disability Retirement Law and begin making the predictive choices which will reinforce your case for a successful Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

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

 

OPM Disability Retirement under FERS: The Carefree Life

Is there such a thing, or is it a fiction, a mirage, a fantasy of those who create mythologies old and new — like the Utopia of some ancient history or of immortality in a netherworld of paradise’s dream?

To live is to care; to have a carefree life is therefore to die.  The incompatibility of the two concepts coexisting is intuitively clear; but the oxymorons we create are often as a result of dreams and goals expressed out of frustration from the overwhelming nature of those cares which confront us.

Life is a series of “cares”; to be free of them is to be free of life itself; and as living means that the human drama of interacting, helping, engaging in conflict and facing daily trials and all that constitutes the “stuff” that life is made up of, so it is the one who engages it successfully, who is able to maneuver through the complexities of such messes we make of it — that is the closest we can come to in becoming “care-free”.

There are those few who, perhaps, are able to escape a good part of the daily cares of life; but then the unexpected happens, such as a medical condition which one has no control over.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may be time to modify the types and numbers of the “cares” that you are confronted with.

No, there never was or is a carefree life; but obtaining a Federal Disability Retirement may at least allow for the Federal or Postal worker to at least focus your attention upon the cares which matter most — that of health.

Consult with an attorney who specializes in Federal Disability Retirement Law today and consider preparing an effective OPM Disability Retirement application through the U.S. Office of Personnel Management in order to come closer to that mythological paradise of the non-existent, carefree life.

Sincerely,

Robert R. McGill, Esquire

 

Injured Federal & Postal Employees: “What should I be doing?”

It is a query that applies to so many aspects of a successful life; of an endeavor or a pursuit; of preparing the steps in order to attain a level of perfection.  Curiosity and the desire to improve are the ingredients of success; the lack of either or both will often leave one behind as others progress.

The runner who wants to shave off a fraction of a second; the “expert” in a given field who desires to comprehend the next level of complexity; the business owner who strives to avoid the fickle nature of a purchasing public in order to expand; they all begin with the question, “What should I be doing?”

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 question concerning preparing an effective Federal Employee OPM Disability Retirement application may have already entered into the fray.

The question following when that arrival point comes near is: “What should I be doing?”  The answer: Consult with an Attorney who specializes in Federal Disability Retirement Law.  For, in the end, that very question will lead to building the proper foundation for a successful outcome in preparing, formulating and filing an effective Federal Disability Retirement application, and it is those preparatory steps which will often make all the difference between success or failure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Changing Lives

The phrase can have multiple meanings, depending upon the emphasis given to the words.  On the one hand, it can imply an affirmative, active meaning — of some individual or organization implementing steps in order to alter the course of another’s life.

In this sense, it may be that a problem has been identified — for example, higher rate of drug addiction in a community; increase in crime rates; an intersection with a greater incidence of traffic accidents, etc. As a result of an identified problem, a person, group or entity goes about “doing something” about it — i.e., petitioning the city council to put a traffic light at the intersection; forming a community-watch program to reduce the crime rate; intervening and educating the community about drug addition, etc. Thus, the phrase “changing lives” in this sense can be characterized as an “active” involvement where X is impacting upon Y.

In another sense, it can remain inactive — as a passive onlooker who recognizes that there are alterations occurring in the lives of individuals.  Every day, changes occur in the lives of everyone about.  One may quip that such a manner of meaning is rather inconsequential, inasmuch as it is a given that lives must by necessity change and encounter adaptations every day; for, it is a tautology to include in a single breath the terms “life” and “change”, just as it is a redundancy to refer to the weather without admitting vicissitude.

Changing lives is to be presumed.  Life’s daily turmoils require it; it is an inevitability which cannot be avoided.  The greater question is: How do we respond to the changes?

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 issue about changing lives can take on a third meaning — that one’s life, career and employment status must by necessity undergo an alteration and modification.

The changes wrought are forced by an uninvited force — the medical condition — and the circumstances which mandate change cannot be controlled — of the inability to perform one or more of the essential elements of one’s position with the Federal Agency or the Postal Service.  How the Federal employee responds to this necessary change is where the relevant next step takes on greater consequences of potential harm.  What you don’t know in the changing life may harm you, and that is why consulting with an attorney who specializes in Federal Disability Retirement Law prior to initiating those next steps in changing lives, is important.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Task of Forgetting

Leisure activities are the tasks of forgetting; it is to engage in them precisely in order to become distracted from our work-a-day universe and replenish our “batteries” in order to go back into the fray of battle.  Battle-worn soldiers need the time away from the constant stresses of perilous missions in order to regain a sense of balance and perspective; and the lioness with her cubs sees the value of play in preparing them for the more serious ordeal of hunting for survival.

The task of forgetting is how we entertain ourselves — of reading a novel by forgetting about the reality of our lives; of watching a television show or movie and forgetting about the troubles central to our lives; of playing a video game or participating in crowd gatherings in order to watch a sport being played, or even in the direct engagement of a sport; these, and many others, require the task of forgetting in order to become a participant.

A medical condition, however, denies the task of forgetting.  That is why medical conditions are so inherently exhausting; they remain as a constant reminder of our mortality and frailty, and deny the access to needed rest and restorative peace.  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, filing for Federal Disability Retirement should be an option to be considered, if only to attain the capacity to again engage in the task of forgetting.

The chronic nature of a medical condition is what often fatigues; and as the inability to perform all of the essential elements of one’s job begins to fester and overwhelm, it may be time to consult with an attorney who is experienced in Federal Disability Retirement Law in an effort to reacquire the capacity to engage in the task of forgetting.

Sincerely,

Robert R. McGill, Esquire