Tag Archives: can you put in for a federal medical retirement after resigning? yes but only within a year and then you lose right forever (so better to hire a good attorney)

FERS Medical Retirement from OPM: Internal Turmoil

A man walks out early in the morning to retrieve the newspaper thrown onto his driveway; from across the street, you see him; he looks vibrant, confident, self-assured; you think to yourself, “Why can’t I be like him?”  A woman, well-dressed, punctual, competent, with always a smile; a sure “go-getter” who will climb up the corporate ladder with ease; you think to yourself, “Some people are just successful and happy.  Why can’t I be like her?”

The calm before the earthquake; the tectonic plates which are invisible and the above-surface topography which has been undisturbed for centuries; then, one day, the calamity occurs, and buildings collapse and countless lives are buried and lost.  What happened?

It is always the unseen, internal (or beneath-ground) turmoil which is the “true” essence of a life, a geographical location, or an entire population which masks its veiled soul.

Plato and the entire history of Western Philosophy were based upon unmasking the essence of Truth by digging beyond the appearance of Falsity.  Human Beings, particularly, have a great knack for hiding the internal turmoil which is the truth of what we are.  The smile which masks the saddened eyes; the outward appearance of confidence which is a facade for the depression and sadness within; the quiet steadiness of nature before the convulsion of the volcanic eruption; all, the internal turmoil, hidden by the falsity on surface’s artificiality.

For Federal employees and U.S. Postal workers who suffer form a medical condition such that the medical condition can no longer be masked, it is always the internal turmoil which cannot be contained, restrained or curtailed forever.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS laws, through the U.S. Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and begin the process of quieting that Internal Turmoil before it erupts like the quiet volcano waiting to reveal itself from behind the facade of contained quietude.

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 from OPM: Tomorrow and Beyond

It is the, “…and Beyond” which is of greater concern to most; for, the greater majority of us can handle the tomorrow-part because of its inherent specificity in project-required duties listed.

We are all trained to be competent in “checking off the list” of things to do:  This report to be filed; that memorandum to be drafted; the garbage to be taken out; the dishwasher to be unloaded, etc.  What happens after tomorrow — which became today just a few hours ago, and then of tomorrow which already comes with it a specific list of things to do — is that “beyond” which cannot be fathomed in the mental milieu which encompasses the residue of the day’s compacted detritus.

That is why most of us are unprepared for retirement; whether left unplanned, always in the category of that “beyond”, or “just because” — the fact is that human beings are so engrossed in the today and just beyond — of “tomorrow”  — that it is simply too much to consider the “and beyond” beyond just the beyond of tomorrow.

And thus, when a medical condition begins to become a chronic issue, a progressive deterioration that may last more than the “just beyond” of tomorrow and becomes an issue of “and beyond” — it begins to become a devastating forecast of the rift which may have to be.  “To be” — itself a concept of complexity, involving existence, quality of life, of what the future holds; all of these must somehow be contended with.

For  Federal Gov. employees and U.S. Postal workers who suffer from a medical condition such that the medical condition have become more than the problem of tomorrow, but constitute the “and Beyond”, contact a FERS Lawyer who specializes in Federal Medical Retirement Law in order to initiate the paperwork needed to take care of things in the “and Beyond” category.

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.

 

Long-Term Disability Federal & Postal Employees: The Discouragement Factor

It is the sense of dispiritedness which paralyzes — of the loss of enthusiasm for something.  It is a palpable loss, one which can be discerned and calibrated, and is as real as the tree which cracks open upon being struck by lightning.  It can happen within a wide spectrum of issues and individuals — to the optimist as well as the cynic, to the perennial happy warrior and the pessimist; no one is spared.

Marriages can be destroyed by it; youthful vigor can be constrained and dampened; the tyranny of depression can be exacerbated by it; in the end, the discouragement factor often plays a greater role in failure than we often give credit for.  It can come by word or tone; by a look or a lecture; and when fragile egos are involved, the quiet face of silence in a storm of enmity may be the sullen face of discord not told.

For Federal employees and U.S. Postal workers who receive a denial from the U.S. Office of Personnel Management for a Federal Disability Retirement application, or for a termination of benefits already previously approved, contact a lawyer who specializes in FERS Disability Retirement Law.

Don’t let the discouragement factor overwhelm you.  OPM’s intention is deliberate: They want you to be discouraged, and to give up the fight.  But fight on you must, and the best strategy is to contact an attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Lawyer

 

Help with Disability Retirement from Federal Agency or USPS: Cancel Culture

In modernity, it refers to the cultural attempt to silence a particular historical perspective, or to expunge certain elements deemed offensive or otherwise inflammatory.

The criticism, of course, is that a unilateral cancellation or ostracism fails to provide a platform for discussion, as discussion leads to the potentiality for reform, retraction, rehabilitation, and even apology.  Because the act of cancellation resides outside of the legal boundaries and criteria for appellate review, it can be done in a monolithic, unilateral manner, leading some to argue against the dangers of mistake, abuse, and mis-application.

Fortunately, in a Federal Disability Retirement case, the procedures of a cancel culture cannot be applied without redress and appeal.  If the U.S. Office of Personnel Management were to have the unilateral powers possessed by the modern entities involved in cancel culture, Federal annuitants and disability retirees would be in trouble.

Of course, OPM does systematically try and cancel one’s Federal Disability Retirement benefits by sending out Form RI 30-1, then requiring greater and increasingly onerous demands for more and more documentation in order to satisfy their criteria for what constitutes “continuing disability”.

OPM’s cancel culture is perhaps the more serious one because it goes to the heart of a Federal or Postal annuitant’s source of income.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and respond to the unfair cancel culture of OPM.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: Tomorrow and Beyond

We prepare for tomorrow, and plan for beyond.  There is a difference with a distinction.  For, tomorrow is soon upon us; the “beyond” is an obscure timeframe that dictates minimal physical effort, but much cognitive input.  We can “deal” with today and tomorrow — of pushing forward, setting aside worries and anxieties; but it is the “beyond” that takes a toll when too many uncertainties, unpredictables and unknowns coalesce to present a dark hole that cannot be managed.

Hope is based upon a future that can be imagined, and when the imagination becomes damaged to the point where human creativity can no longer foresee the proverbial “light at the end of the tunnel”, then the darker caves of the mind’s chaos can overwhelm.  Medical conditions tend to do that, especially when they become chronic and intractable.

This most recent pandemic can also undermine one’s sense of hope, and dash the plans for the “beyond”.  But for now, it is the “tomorrow” that we all need to focus upon, and for Federal and Postal employees looking to “solve” the problem of one’s inability to perform one or more of the essential elements of one’s Federal or Postal job, it is enough of a chore just to consider filing for FERS Disability Retirement benefits.

Consult with a FERS Attorney who specializes in Federal Disability Retirement benefits under FERS, and begin the process of taking care of tomorrow, and perhaps even beyond.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Consider the Alternatives

It is a prefatory phrase that forces one to weigh the choices that are available, and by doing so, be compelled to finally make a needed decision.  Decisions are often hard to make.  There are some who become paralyzed merely in being presented with various choices in life, while others appear to breeze through the elimination process rapidly, arriving at a confidently-made decision without much effort.  Or seeming so.

Are some people born as “decision-makers”, while others fret and fume over whether to choose between a chocolate flavor or a vanilla?  How are children taught to make decisions, and for those who become anxious at every turn of being presented with alternatives, is it because such an individual was never taught as to the methodology of “sound” procedural processes in arriving at it?

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, consider the alternative: Continue working and deteriorating health-wise in your condition; face increasing pressures at work, resulting in possible termination; resign and walk away with nothing; or, begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Consider the Alternative; this one is a no-brainer.  Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement, and certainly, consider the alternative.  You will not be disappointed.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Seeking Stability

It is what gives us hope and a sense of self-confidence: Stability.  How we seek it out; what is needed to maintain it; what satisfies the criteria for each individual; these are the questions that compel each of us in seeking stability.  Stability may differ for each individual.  For some, it may be satisfied by the certainty of a career.  For others, the requirements may involve family, friends and other relationships — that “internal” sense of stability that allows for greater chaos within the external world.

For Federal employees and U.S. Postal workers who suffer from a medical condition and where that medical condition prevents one from performing the essential elements of one’s Federal or Postal job, seeking stability within the context of an unstable work environment becomes of paramount importance.

Consult with an attorney who specializes in Federal Disability Retirement Law, and stabilize the uncertainties that surround your career which has been impeded and made difficult from a medical condition which is beyond your control.  For, that which is beyond your control is the very foundation of instability, and obtaining a Federal Disability Retirement annuity may be the road’s end in seeking stability.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

OPM Disability Retirement: If life were a story

Could the First Chapter be changed?  Who will write the final chapter?  Does memory serve the dictates of truth, or does a bit of “fudging” occur as with every narrative told, taking liberally the artistic license to its extreme?  Will it be a Dickensian opening or a Salinger’s scoffing of the details of birth?  What genre would be encompassed: Fiction; autobiography; Science Fiction; a Narrative Poem, perhaps?  Can fact and fiction be interwoven, and will the middle parts include characters long forgotten, and some individuals be left out deliberately just out of pure spite?

But that we could write the ending to our own story — of dreams that were fulfilled, loves that embraced, regrets that could be erased.  To that extent, every life would then be a work of perfection, where each chapter being written as the experience of this encounter with the world became an undifferentiated reflection of a phenomena encased in self-fulfillment: As life is lived, the story is written; as the story is told, life follows upon the very telling.

Isn’t that what “virtual reality” is; or even of being lost in one’s daydreaming, and wishing for things beyond the bubble of real life?  If life were a story and we were the authors, every dream would be fulfilled, every fantasy satisfied, every thought completed, and every sentence punctuated with exactitude.

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 “life” that becomes the “story” is the completion of SF 3112A — Applicant’s Statement of Disability.

That is the narrative, or the slice and portion thereof, that the U.S. Office of Personnel Management will be reviewing and analyzing, and perhaps even “picking apart” if it is not told persuasively, punctuated punctiliously, and provided with clarity of purpose.  It is, indeed, the story of one’s life — a slice thereof, but one which must be a narrative in response to specific questions posed by SF 3112A.

Consult with an attorney before formulating and narrating; for the next chapter beyond, after the Federal Disability Retirement application has been filed, will be determined by how one tells the story of one’s medical condition and the nexus with one’s employment capacity.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: Purposive sequence

Are all things in a sequence “purposive”?  If you are walking in the countryside and come upon a horse, a man and a pig, in that order, was there any “purposive” meaning in the sequence met, or was it random and a reflection of the chaos of the universe as a whole?  If it had been in a different order — say, you first came upon the pig, then the horse, and finally the man — would there be a question as to either the sequence or the meaning of the sequence?

Now, take a different hypothetical, where you come into a child’s room who is engrossed in fantasy and play, and the child has a sequence of stuffed animals: Again, they are in a line of a stuffed horse, a doll of a man, and a large plastic pig, in the very sequence you encountered while out in the countryside.  You laugh and say to the child, “Oh, that’s very peculiar, I just came across those three in the identical sequence you have them in.  Of course, it is just coincidence, but nevertheless odd.”  The child smiles, turns to you and says, “Of course it’s not a coincidence.  The horse is the most beautiful creature in the universe, and therefore comes first; the man is the cleverest, and therefore should be second; and the pig is the smartest, but since intelligence should come after beauty and be placed below being clever, he comes third!”

In such an instance, did the fact that a purposive assignment of intent change the sequence and the meaning ascribed?  In other words, did the “human” explanation as to the sequence presented alter the objective foundation behind the orderliness of the universe, or does it yet remain in chaos except for the subjective ordering by the child?  Or, is Kant correct in positing that the chaos of the universe is internally ordered by human categories structuring the outside world, and left without such subjective impositions, we would never be able to comprehend the disordered universe?

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 important to engage in a purposive sequence of completing the Federal Disability Retirement application.

The medical condition itself is chaos enough, as it impacts one’s life and livelihood, but it is the medical condition that becomes the center and foundation of a Federal Disability Retirement application, whether the Federal employee is under FERS, CSRS or CSRS Offset.  From the chaos imposed from the objective world, a purposive sequence must be countered from the subjective universe of the Federal or Postal employee, and that purposive sequence must begin with the chaos of the unordered world itself: The medical condition, from which all else naturally and artificially proves the case to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Fair Games

It depends upon how you read the concept, which word or syllable you place the accent or emphasis upon, doesn’t it?

In one sense of the concept, it has to do with games found at the county or state Fairs — you know, where cotton candy is sold and prizes are awarded for the largest potato grown or the fattest pig shown.  In another sense, it is in contrast to its opposite — of games where you have a good chance because rules are imposed and upheld, as opposed to “unfair” games where the proverbial deck is stacks against you.  It is in this second sense of the term that we apply.

Fairness itself is a difficult concept, precisely because of its malleability.  One concept of fairness is an arguable delineation based upon rules, perspectives, and even perhaps of cultural backgrounds.  Rules themselves can be attacked, and are “fair game” when it comes to disputatious boundaries, where there are essentially none to circumvent.

You can argue that such-and-such a call was unfair, and that obnoxious fan sitting next to you might counter, “But that’s within the rules of the game,” and you might then counter to the counter, “Then the game is rigged and the rules are unfair!”  What would be the counter-answer to the counter of the counter?  Perhaps, to say: “Listen, buddy, I don’t make up the rules.  It’s fair by definition if everyone who plays the game has to play by the same rules.”  Is that the silencer — the conversation-stopper — that cannot be argued against?

But what if everyone theoretically has to “play by the rules of the game”, but the rules are administered in a lopsided manner?  Is that what makes the game “unfair”?  Isn’t that what fans the world over complain about when the umpire, for example, sets the “strike zone” (or in other contexts, the “foul zone” or some such similar animal) too wide for some pitchers and too narrow for others?

Or, wasn’t there something like the “Jordan Rule” where a certain player was allowed to take an “extra step” (or two or three, for that matter) and no “traveling violation” was called, because the beauty of his fluid movements surpassed and transcended any “rules” that might disrupt the mesmerizing effect of such human defiance of gravity right before our eyes?  Could you imagine what an uproar that would have caused, where the player-in-question flies through the air with such acrobatic display of gravity-defying beauty, slam-dunks the ball to the rising wave of appreciative fans, and a whistle is blown — and the basket is disallowed?

That awkward motion that the referee engages in — you know, where both hands are balled up into a fist and made into a circular motion, indicating that a traveling violation has occurred — and then pointing to the scoring table and telling them to subtract the 2-points just previously awarded…is it “fair”?  Should fairness sometimes be overlooked when beauty-in-mid-flight entertains us to such ecstatic delights?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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, life often begins to appear as if “fairness” is no longer an applicable rule — for, is it “fair” that one’s health has deteriorated despite doing everything to take care of it?  Is it “fair” that others seem to have lived a life of excess but seem not to be impacted at all by the abundance of maltreatment?  Is it “fair” that others appear to be receiving favoritism of treatment, while your Federal Agency or the Postal Service appears to be targeting you for every minor infraction of the “rules”?

Life, in general, is unfair, and when a Federal or Postal worker seems to be the target of unfair treatment because of a progressively deteriorating medical condition, it may well be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Life is often unfair in general; but when it comes to applying and enforcing “the Law”, it is best to consult with an experienced attorney, especially when seeking to obtain Federal Disability Retirement benefits through OPM.  And like the “Jordan Rule” concerning extra-rule-violation treatment, it is best to make sure that your attorney makes the Rules of the Game enforced — and fair.

Sincerely,

Robert R. McGill, Esquire