FERS Medical Retirement from OPM: Elevating Silliness

Much of the political rancor of modernity is silliness, and the insularity of our lives — of engaging in social media discussions, thinking that serious conversations can be engaged on Smart Phones and computers, etc. — is the elevating of such silliness.

Then, when a hurricane hits an area and devastates a population, we realize that there are actually real and serious issues facing us which transcend politics and the rancor of disputatious irrelevancies.  There are, of course, many issues which continue to deride their seriousness by non-action and inaction, such as the growing national debt, the inflationary impact of unfettered spending, etc.

But then, the very fact of inaction and ignoring of such issues so that any resolution or attempted legislative corrections are merely “punted down the metaphorical and proverbial road” for future generations to deal with — well, that in and of itself, is elevating the entire process to a level of silliness unheard of.

One area of seriousness which should never be elevated as silliness but is nevertheless so often done, is the protection of employee rights.  Federal Disability Retirement Law is one such area, and everyone should consider it a sacred law to be protected and secured.

It is part of the “employment benefits” which all Federal and Postal employees enjoy; and while it is taken for granted — most Federal employees and U.S. Postal workers never even think about it because, when you are a healthy individual enjoying the fruits of your labor, you naturally do not concern yourself with “what ifs” — it is there for you to access it when and if needed.

If you are a Federal or Postal employee with a minimum of 18 months of Federal Service, and you find that you can no longer perform one or more of the essential elements of your job, contact an attorney who specializes in Federal Disability Retirement Law.

Health is one of those issues which can never be silliness to be elevated, for it is the essential fibre of one’s life.  And while we can often distance ourselves and look up the elevated silliness which pervades our society — especially in politics — we can at least all agree that health is one subject which is neither silly, nor needed to be elevated.

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 Application: In the Modern Age

Are there greater problems today than there were before?  Are there more bad people; is there a greater number of sexual predators; do people on the whole act with greater aberrance than in times past?

Of course, much of such questions depends upon what you define as “before” — as in, what historical time period, which civilization as the comparative reference point, and are we applying the same acts committed (i.e., apples-to-apples), etc.

In the modern age, is there more stress in the workplace?  Are psychiatric conditions worse and more prevalent because of the increase in workplace hostility and stressful conditions?  Is there a better way to keep and retain productive members of the workforce — i.e., to accommodate them — than to provide them with a disability annuity?

In the modern age, the level of workplace stress has, indeed, seemingly increased, to a rate and frequency where devastation of lives occurs in greater numbers than before.  Before — as in, when?  Such a question is an irrelevancy.  The modern age has no equivalence, and therefore no comparative analysis can be wrought.  Instead, the proper focus is to fight for one’s rights and one’s benefits.

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 position, contact a qualified OPM Lawyer who specializes in Federal Disability Retirement Law.

For, in the modern age, there exist laws which provide for alleviation from the medical devastation wrought by society’s undue workplace stresses, and asserting one’s disability rights is fortunately a benefit available in the modern age.

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.

 

Postal & Federal Disability Retirement under FERS: Change of Circumstances

The quantitative and qualitative changes; to what extent and degree; the consequences of the alteration; the impact; the need for adjustments or “accommodations”; these, and many more, determine the response required following a “change of circumstances”.

Death of a spouse; illness of a child or close relative; loss of income; increase of death — these, and many more, constitute a significant and substantive change of circumstances in one’s life.  Being outsourced, outmoded or deemed as obsolete; of being replaceable, fungible or no longer needed; in these technologically challenging times, we are all subject to the whims of a society focused upon productivity and not on human value.

A medical condition is considered a major change of circumstances, and can lead to the negative result of obsolescence.

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 change of circumstances necessitates triggering of an effective filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management.

The medical condition itself is the “change”; the circumstances are comprised of the nexus between the medical condition and the impact upon one’s inability to perform all of the essential elements of one’s job; and it is this combination of “change” and “circumstance” which should prompt the Federal or Postal worker to contact an OPM Disability Attorney who specializes in FERS Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Disability Lawyer

Early Medical Retirement from Federal Government Employment: Rational Discourse

In the world of academia, whether as a student or a professor, the ivory-tower atmosphere tends to de-couple and de-link reality from perception.  There is, to begin with, “the world” and its events, causations, occurrences and peoples intertwined by engaging in the politics and activities of daily living; and then, there is our “perception” of such events, which — in their aggregate — is comprised of and by our backgrounds, our beliefs, our interpretive faculties and the paradigms from which we operate.

In college, the world within which one operates is a limited, protected, self-contained universe in which ideas, books, deadlines for term papers and testing for knowledge retained are all experienced through the tunnel vision and narrow prism of a fantasy-world created for rational discourse.  The fact is that the universe is comprised of much irrationality and phenomena otherwise unknown or not capable of explanation.

In a Kantian manner (uh-oh, here we go with the rational discourse prism), we bring to the world the belief that everything must have an explanation, all events must be able to be explained by a rational discourse — but reality hits us hard in the face, or upon the backside, whichever metaphor you prefer.  Perhaps that is what is meant by “growing up”.  For the cynic, the universe has become a jumble of irrationality; for the proverbial optimist, everything yet to be explained can simply be set aside for future revelation.  Somewhere in the middle is where most of us belong.

For Federal employees and U.S. Postal workers who suffer form a medical condition, and where that medical condition betrays the fond memories of our youth when health was taken for granted and mortality was never even considered, filing for Federal Disability Retirement benefits may seem like an ugly choice.  In a world where rational discourse should prevail, the irrationality of a chronic medical condition seems to be an unfair event that requires explanation — or, at least a good defense.  We can question and puzzle; we can fret and worry; but in the end, the stark choices are there before us.  Whether, ultimately, there is a rational discourse that can adequately explain the medical conditions by which a person suffers — or not — is often besides the point.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement benefits under FERS and begin the process of obtaining a Federal Disability Retirement annuity, and let the questions concerning rational discourse remain a mystery to be solved in some unknown days ahead.  Life is difficult enough to maneuver without worrying about one’s future, and getting a Federal Disability Retirement annuity at least softens the blow in a universe that often seems impervious to the private hells of individual troubles.

Sincerely,

Robert R. McGill, Esquire

 

Filing for FERS Disability Retirement: The identity of choice

In the end, do we?  That is — do we have a choice when it comes to our identity?  Of course, in this day and age where word-play has become completely malleable, and where Truth and Falsity rarely matter except when tested against the exigencies of the objective universe (i.e., as when crossing a street and someone says, “Be careful, a bus is coming”, and you suddenly realize that the truth or falsity of such a statement can actually have real-life consequences), the question becomes: How does one define one’s use of the word, “identity”?  Is it based upon the aggregation of objective and subjective statements, beliefs, opinions and perspectives?

In other words, are we merely the compendium of cumulative voices based upon: Our birth certificate; the driver’s license in our wallets; the memories retained by our parents, grandparents and relatives; how our friends view us; what our spouses believe us to be; what the neighborhood dogs recalls from sniffing at our feet — the cumulative aggregation of all of such factors?  Is who we are — our “identity” — different from who we believe we are?  If everyone believes X to be such-and-such but X believes himself to be a secret agent working for a mysterious foreign entity, what (or who) determines the reality of our identity?  Or, is “identity” based upon the collective perspective of a community that “knows” that individual?  Can we “choose’ our identity, and if so, completely or only partially?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact one’s ability and capacity to continue to work in one’s Federal or Postal job, there is often a concomitant “identity crisis” that accompanies the medical condition.  No longer are you the stellar worker for the Federal Agency; no longer are you the reliable provider who slogs through the daily toil as a Postal employee; instead, your identity is one of having a medical condition that limits, prevents, subverts or otherwise alters the way in which you live.

Filing for FERS Disability Retirement becomes an alternative that must be chosen, and that “choice” may alter who you are and what others may think about you.  But in the end, you do have a choice: The essence of who you are remains always within; the identity of choice is not altered merely because you file for a benefit that must be pursued because of a medical condition that was incurred through no fault of your own; and anyone who thinks otherwise never knew you to begin with.  For, in the end, the identity of choice was and remains always within the purview and power within each of us; we just didn’t know it.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Foregone conclusions

There are many; some, within the universe of a greater subset, are perennial by nature, and can never be altered but for some miracle yet to be considered (like the fact that the Baltimore Orioles will have ended its season sometime by early June of each year); others, of a more generic knowledge, assumed and forever predictable, ever to be presumed as a law of nature (as in, somewhere in the world a war will be started within the next year, or that a child will be born, or even that a medical condition will impact someone, somewhere).

Foregone conclusions are tidbits of knowledge gained from experience of life; and where the cynic will declare that they establish the circularity of repetitive reality that cannot be avoided or ignored, the idealist will counter that miracles and exceptions may yet prove otherwise such that what was presumed to be a conclusion is never foregone but merely imagined.

For Federal employees and U.S. Postal workers who harbor thoughts of foregone conclusions based upon the deteriorating health of one’s present circumstances — that you will be “fired”; that the PIP imposed will inevitably lead to termination; that filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset will be defeated by one’s own Agency or the U.S. Postal Service — remember that it is up to the sole determination of the U.S. Office of Personnel Management, and not one’s Agency or the Postmaster of one’s Postal Facility.

All Federal and Postal Disability Retirement applications are submitted to OPM, and one’s own Federal Agency or the Postal Service can only have limited influence upon the viability and persuasive effect of a Federal Disability Retirement application.  Where there is a will to fight and an objective basis in which to file a Federal Disability Retirement application, it is never a foregone conclusion that there is not a chance for a successful outcome.

Now, as for those Orioles’ fans who think that there is hope for next year…well, you must truly be an idealist to avoid the foregone conclusion that, yes, the sun will rise again tomorrow, and set yet again later, but a season’s end that began in early May is not a great indicator of next year’s beginning.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: The time watcher

How many times (stated in the numerical sense) do we watch the time (in the alternative sense)?  Do we waste time by keeping an eye on time, or is it prudent because it forces us to maintain a “schedule” or mandate a strict adherence to a regimen of activities to be performed, chores to have accomplished and work to be completed?  Does watching time save time or merely waste it?

Say a person keeps looking at his watch (or is this in and of itself an anachronism, now, as everyone merely lights up the smart phone which has made wrist watches outmoded?), and you notice that he does so systematically — say, every 5 – 10 minutes.  Then, at precisely 5 o’clock, he gets up from his desk, puts on his coat and leaves the office.  You realize that for the past hour, all that this person had been doing was to check the time in anticipation of leaving at a certain time.  Whether any actual work was completed; whether the watching of time contributed to any productivity, etc., is of relevance, are they not?

For, the time watcher watches the time pass, and it matters as to the reason underlying the very watching of time.  It one watches the time in order to meet a deadline, say, or pace one’s self in a race, etc., then does it make it more productive than if one simply waits for the last hour to pass in order to go on to something else?

Time watching is certainly something which we all do, but as to its usefulness will often depend upon the reason why it is engaged — as in, for “negative” purposes, like “passing the time” in order for a specific moment to arrive, or for “positive” reasons, as in monitoring the passing of time while engaging in a certain type of activity, etc.  The harmless activity of time watching becomes magnified in exaggerated form when the very “watching” itself becomes the central activity — sort of like the notion of “we live with the expectation of dying”.

For Federal employees and U.S. Postal workers who realize that one’s times are “numbered” (both in the numerical sense as well as in a metaphorical usage) because of one’s medical condition that prevents 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 consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Whether the Federal employee or the U.S. Postal Service worker is under FERS, CSRS or CSRS Offset, the watchful time watcher who watches as others whittle away the time wondering whether the next harassing initiation of an administrative sanction will be imposed by the agency, or of the watchful waiting to see if you fail to meet the standards of an imposed PIP — watching the time pass to see if you can make it to retirement age or time-in-service computation is no way to live.

If a medical condition is impacting your ability to perform the essential elements of your job, it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.  It is time — or past the time — to merely think about it; rather, it is now time to act, and not remain as a passive time watcher, but to take the reigns of time and become the time watcher with a purpose.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Contented misery

Does the one who strives for happiness as a goal ever escape the bonds of contented misery?  It is the ecstasy of a moment’s glimpse, and then the feeling is gone; for, such is the fleeting nature of a sensation, and more of an encumbrance than a plateau of embraced attainment.  Can happiness be gauged, like a heart monitor, taking one’s blood pressure, or in that millisecond of pain in determining the glucose level through the pinprick of time?

Once, in generations past, when neighbors asked of one another the state of affairs, the politics of an era, and listened by that long-lost tradition of taking one’s hat off, lazily fanning one’s self in the sweaty afternoon of the blazing sun, people used to actually pause during the day without a watch or cellphone to check and recheck; and conversations took the meandering deliberation of voices undulating without the tense pressure of time, money and restrictive covenants imposed by society’s need to compel movement.

Happiness was not the goal, but the byproduct of social interaction.  Misery was reduced to the loss of purpose, violation of normative values and now, in modernity, replaced with contented misery.  No, it is not an oxymoron, for it is a state of Being accepted by most and recognized by few, and the duality of a seemingly conceptual friction is merely on its surface; for, such an accepted state of being exists precisely because we seek that which can never be attained but for a fleeting moment, like trying to grasp, catch and hang on to the flowing robe of an angel as that heavenly being floats by with a sprinkling of residues depicting the regrets of our lives.

We become contented with our own miseries, because we seek to attain a state of Being which can never be the essence of life, but merely the flux of sensations resulting from man’s worthy journey akin to a teleological embrace.  Worth is tied intricately and inextricably with projects; and though Heidegger’s quip that such human work and activity is merely to avoid the inevitable encounter with Nothingness, it is nevertheless driven by a need to advance, a value in accomplishment, and a sense of creativity in the process of what we do, how we achieve it, and where we are going in life.

Contented misery is to exchange all of that for a moment of sensation, extrapolated to an unattainable and unreachable state of Being, and that is why misery prevails within a plateau of accepted contentment.

Such is the state of Being for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the health condition prevents the Federal and Postal employee from performing the essential elements of one’s Federal or Postal position, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, think for a moment – one’s career and mission in life is perhaps interrupted and impeded, and the Federal or Postal employee must consider alternatives, such as preparing, formulating and filing for Federal Disability Retirement benefits.

But if a sensation is all that is sought, as opposed to considering the next steps into the future – such as an alternative vocation in the private sector after obtaining a successful approval from the U.S. Office of Personnel Management – then contented misery will have won.  On the other hand, if a Federal Disability Retirement annuity is successfully obtained, there is a chance that the future may hold further opportunities, and the restrictions of a contented misery may be replaced with that which Man was compelled to engage:  a project or activity beyond the sphere of mere sensations.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Ruminations upon wrongs committed

Why is the filing of a Federal Disability Retirement application by a Federal employee or a U.S. Postal Worker often accompanied by a history of discrimination, harassment and persistent wrongs committed?  Perhaps, because a person who files for Federal or Postal Disability Retirement is reflective of a general consensus of human nature itself:  the microcosm of a delimited universe does not subvert the greater truth of humanity as a whole.

Despite all of the legal protections accorded – of required attempts to “accommodate” the Federal or Postal employee in conjunction with anti-discrimination statutes affording protection to those with identified medical disabilities; and, further, with a concomitant greater “social awareness” of the unacceptability of certain attitudes and behavior towards individuals with medical conditions that restrict one’s capacity to maneuver through the public access and spaces of business and buildings – these should all combine to reduce the actionable allegations committed and the legal entanglements ensuing.

Moreover, there is often a parallelism between the extent, severity and chronicity of a medical condition, and the ruminations of the impacted individual upon wrongs committed, with a proportionality between the lengthy history of one’s debilitating medical condition and greater increase of harassment and intimidation by a Federal agency or U.S. Postal facility – leading to deeper resentment and high incidence of filing an EEO complaint or other legal tender.

But for the Federal employee or U.S. Postal worker who is considering preparing, formulating and filing a Federal Disability Retirement application, the question that one must consider as to the interplay between wrongs committed and preparing an effective Federal Disability Retirement application is this:  To what extent will one impact the other, and will there by a negative interplay if both are concurrently pursued?  The answer is somewhat complex and complicated.

While most EEO cases that are filed concurrently with a Federal Disability Retirement application, or where there is some time-overlap between the two, there is little interplay or impact with respect to the Federal Disability Retirement side of things.  On the other hand, it is important that a Federal Disability Retirement application be prepared such that the essence of the Federal Disability Retirement case is reflective of the core duality of issues that comprises an effective Federal Disability Retirement application – that of the medical condition itself, and the impact of the medical condition upon the ability or inability to perform the essential elements of the Federal or Postal position – and not upon peripheral and ancillary issues that may be more relevant to a discrimination genre, such as “workplace harassment” or “retaliation”, etc.

In the end, to prepare, formulate and file an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it is best to avoid any lengthy diatribes which reflect a greater consensus of a wider societal problem, and ruminations upon wrongs committed will not be helpful in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Federal Employee Medical Disability Program: Potluck

It is where everyone –  family, neighbors, friends, acquaintances, and even those who don’t want to, but feel the pull of obligation by the sheer weight of embarrassment or shame – brings a dish of something to the occasion, gathering or congregation of confluence.  That is both the rub and the drub, isn’t it?  We never know what is brought to the event; and for some, slinking in unnoticed with empty hands, and once there, who asks what the contents of the contribution consisted of – which can easily be dismissed, in any event, with an inane response of, “Oh, this and that, you know,” and walk away knowing that good manners will prevent any further query of suspicion.

There are always three elements (just three?) to the concept of a “potluck” meal:  (1) If sufficient numbers are invited, the likelihood of a grand and satisfying feast will aggregate (of course, the better preparedness would assign various categories to each invitation – i.e., invitees “a” through “d” brings entrees; “e” through “k” desserts; “l” through “r” side servings, etc.), (2) While some overlap and duplication might occur, the statistical chances are that a wide variety of random amalgamation will be the result, and (3) the greater the participation, the higher statistical chance of success.

It is of this last element that applies to Federal and Postal employees considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, regardless of whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, it is the “other side” of the shotgun approach – of allowing for multiple input, various hands and uncoordinated resources, that implodes with an inconsistency of strategic focus.

Medical conditions are interruptive enough; the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties, often results in a parallel inability to prepare, formulate and file an effective Federal Disability Retirement application.

That being said, “help” and “assistance” of the non-legal type may come from spouses, family and friends –  voices which neither know the pain of the applicant who is filing for Federal Disability Retirement benefits, nor are familiar with the legal pitfalls and consequences attending to each procedural and substantive step of the process.  “Help” is always a “good” thing; but in preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, the “potluck approach” may be the least desirable of methodologies to engage – unless you simply want a good and hearty meal in the process.

Sincerely,

Robert R. McGill, Esquire