Tag Archives: chronic migraines can be considered a disability in the federal government if they affect quality of work

FERS Medical Retirement: Abandonment of Methodology

Modernity denounces methodology.  Suspicions abound when it comes to traditional invocations of previously-tried methods.  The young denounce method; “on the fly” is considered the nouveau appetite in “basement-beginning” internet start-ups; of young geniuses who can do no wrong.  Systematized business models; the way things have always been; the need to know one’s place and to wait for one’s turn; these, and many more, are considered  the antiquated detritus of past misgivings.

While no one needs to invent the wheel each time, the trend has been to celebrate creativity and innovation, and in the process, to abandon tradition, old ways, and thus old people.  This is a culture of youth, and so the plastic surgery industry and cosmetic do-over trends have exploded into successful business ventures.  Even “rational thought” is being abandoned — of the outmoded logical structures in proper argumentation, the Aristotelian model of symbolic logic:  Out the Metaphorical Window!

Yet, in some corners of rational discourse, methodology must remain essential.  For, the “law” depends upon methodology; of a logical, linear manner of argumentation.

For Federal employees and U.S. Postal workers who suffer from a medical condition where initiation of the Federal Disability Retirement process must be engaged, do not think that merely gathering up one’s medical records and submitting them with the SF 3107 and SF 3112 series of forms will get you by the eagle-eyes of the U.S. Office of Personnel Management.

Yes, the rest of culture may have accepted the abandonment of methodology, but in the Federal bureaucracya sound legal approach steeped in methodological minutiae is still the successful articulation needed to win a Federal Disability Retirement case under the FERS retirement system.

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 Medical Retirement for Federal & Postal Workers: The Saddest Story

What makes for a sad story?  What touches us as the saddest story?  Is it a tragedy unexpected — as in, the death of a parent, leaving behind a grieving spouse or partner, and dumbfounded kids?  Or is it the story of a promising young person whose life is cut short by an accident?

Does “fault” matter?  If death or grave injury occurs, does the sadness of the story depend upon whether and to whom one can ascribe blame?  And does intentionality also come in as a factor — of whether the death, injury or unfortunate circumstances resulted from a deliberate and intentional act, or whether it was an “accident” where the event just played itself out without any participatory involvement of the “victim” in a given case?  Or, is the sad or saddest story dependent upon the viewer, the reader, the witness, etc. — of how sensitive that person is, whether he or she possesses an empathic character or one which is somewhat more blunted and callous?

Or, as is more likely — does it depend upon both: Of the story and the receptor in combination to determine the “sadness” of a story or narrative?

In the end, the saddest story combines the elements identified: Of a potentiality cut short; involving circumstances beyond one’s control; where fault cannot be ascribed; and where someone must pay an unwilling price.  Sounds somewhat like a Federal or Postal employee who must file for Federal Disability Retirement benefits under FERS.

Of course, there are greater tragedies — where death and grieving widows are concerned; but one should not discount the plight of the Federal or Postal employee who can no longer continue in his or her career, and must file for Federal Disability Retirement benefits.

Contact an attorney who specializes in Federal Disability Retirement benefits under FERS, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, and preparing the Applicant’s Statement of Disability for OPM to ponder the saddest story.

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 & Postal Worker Disability Retirement: Slipping Away

When that feeling begins to seep into the cracks of our lives, a certain sense of desperation concurrently sinks in.  Things are slowly slipping away.

We feel that, if it was a large “something”, we could grab it, wrap our arms around it, tackle it, block it — in short, do something to stop it from traveling too far off.  But that sense of slipping away — it is like fading, flowing, melting, dripping — all of some transition of sorts which cannot be mitigated.  It is that slow, incremental disappearance; of diminishment’s progression without the ability or capacity to stop it.

Perhaps we can slow it down; maybe delay the inevitable; procrastinate; steal a few seconds here, a minute there, and sometimes even a full hour — but then, at the end of it all, we know that we cannot continue to rob from the till without being caught from borrowed time.

Medical conditions leave us with that same sense — of a chronic, progressive deterioration which bides its time.

For Federal employees and U.S. Postal workers who believe that your career and time with the Federal government or the Postal facility is slipping away because of a medical condition which no longer allows you to maintain or advance in your job, contact a Federal Disability Attorney who specializes in Federal OPM Disability Retirement Law.

Federal Disability Retirement may be the best option where you are no longer able to perform all of the essential elements of your job.  As a FERS employee, you should know your rights and begin the process of securing your future before it begins to slip away.

Sincerely,

Robert R. McGill
Lawyer for Federal Disability Retirement Applicants under FERS

 

OPM Disability Retirement under FERS: Poet’s Choice

What is it about poets that so many die young?  There are various studies “out there” (just Google it!) which reveal that the suicide rate amongst poets is significantly higher than in other professions.  The emotional tragedian — of the person who views the world through a lens of subjective creativity yearning for romanticism in a reality of harsh ugliness — is a person who cannot fathom the contrasting loss of beauty.

Is there, within the profession of a poet, those who engage the traditional iambic pentameter as opposed to some formless, free-flowing approach (i.e., E.E. Cummings?) where the statistical significance varies?  Or is it indiscriminately indifferent across the board?  Is it because constant rumination within a subjective universe of human thought leads to greater mental instability, or is it something more fundamental and elementary— like the frustration of trying to find the “perfect word” to rhyme?

Do poets search for rhyming words like the rest of us do?  You know — where, for example, take the word “fought” and then in our minds we go down the list of the alphabet — bought, caught, (skip D, overlook E because it is a vowel; “fought” we ignore because we just used it; got, hot, skip I, etc.) — or does the word naturally flow for the poet?  In the end, is it rumination which leads to a state of being distraught, or the realization that the art of poetry cannot be reconciled with the chaos of this universe?

For Federal employees and U.S. Postal workers who have realized that a medical condition will not go away, and where the poet’s choice of words to describe the frustration in dealing with one’s job, career and inability in reconciling the medical condition with continuation in the Federal or Postal career cannot be grasped, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Most of us realize that poetry exists not amongst people, but within the ethereal universe of hopes and dreams, and when a medical condition jolts us into the realization that beauty resides not in a job or a career, but in the human relationships we form over a lifetime, then we also come to understand that health is more important than a Federal job or Postal career.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law and focus upon the beauty of health, and not the poet’s choice of despair.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Not the storybook tale

It has been widely commented upon, by naysayers, essayists and various commentators upon life’s winding course of pessimism, cynicism and some rarefied sprinkling of optimism, wherever the “isms” will take us: we are crippled from an early stage of life by being fed Fairytales and Fanciful Fantasies, and then pushed out the door to deal with the reality of the real world, which are NOT like the storybook tale.

Why the disconnect?  Wherefore the disjunctive between what we grant to our children in contrast to the objective world?  Do we witness any of the other species in this Kingdom harm with such aplomb their youngsters – where birds “cruelly” push their young tots out of the nest to force flight even if not quite ready; where predators abandon their herds and hoards to survive on their own – by first saying: “Now, now, kids, I am going to tell you a lie, then have you live in the early phases of your life only to be disappointed by the reality of what you will be facing”?

No, the human species is one of a kind; but then, we have the capacity of linguistic elasticity – a tool that others are (fortunately) not weighted down by.   Isn’t that the story of politics – of saying things that will never come to fruition, promising acts that cannot be accomplished, and declaring facts that are merely alternatives to objective reality – just so that votes can be accumulated and enemies can be identified?

It is well that human beings can fantasize and live in an imaginary world, because otherwise we would all go insane if we had to encounter the reality of the objective universe around us.  What of Marx’s dictum that religion is the opiate for the masses – if true, where are we today, inasmuch as religion is no longer a cohesive foundation in most people’s lives; and, if false, what has replaced it as the dulling effect for survival’s continuation?  Is it the flag, the Constitution, the hope founded upon a Lottery Ticket, or perhaps the greater indication of that which is not an analogy or a metaphor, but the reality of heroin addiction that is a growing menace?

Perhaps, after having tried everything else, the opiate itself is not just some proverbial reality, but the real thing itself, and that is why the problem grows exponentially.  Perhaps, we have come to a point where we realize that the fairytales told and the reality faced cannot be reconciled.

For Federal employees and U.S. Postal workers who have had a long and productive career, but where medical conditions have more recently impeded, debilitated, and ultimately prevented the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, perhaps the realization has come to the fore that the storybook finish line doesn’t quite match up with the reality of one’s present situation.

That’s okay.  You’ve earned the right to view reality “as it is”, as opposed to the fond remembrances of fantasies and fairytales.  Yet, don’t become too entrenched in a negative perspective; for, the objective reality is more likely somewhat involving greater balance, and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is not the end of one’s professional career, but merely another beginning.

Many have gone on beyond a Federal Disability Retirement and started new careers, initiated fresh vocations and enjoyed a second or third phase of life. It is somewhat like a marriage, a divorce and then a remarriage. Perhaps it is not the storybook tale written by some, but it can be one that is written by you.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Cosmic Intransigence

The complaint is most often heard in a converse manner — that because of the minutiae and daily details required of one’s energy, focus and concentration, the “larger picture” fails to be seen.  But the reverse is just as true:  we often overlook the significance of the mundane, justifying such neglect by arguing that it is the cosmic and universal principles which are of greater relevance; mere human beings within the aegis of humanity, are but flies in a smattering of a decaying universe.

And while grand principles are indeed noble, and provide for paradigms upon which notable historical movements have been based, it is ultimately the monotony of hopes and dreams, as held and projected by youth in turmoil and wanting, which create the sprinkling of golden dust blowing by to sparkle the dreariness of daily toil.  The cosmic will always be intransigent; there is nothing to be done with it, as natural laws, the fate of karmic forces, and the ethereal foundations of the universe will continue to move history, economies and world events forward, with or without the input of ordinary people.

The world is a mere playground for the wealthy and powerful, and the gods which play with the cosmos are already intransigent in their own brutal way.  But that is precisely why the personal problems of individuals amount to so much more than the aggregate of a single life; the “greater picture” will always be there; it is the seemingly insignificant life which makes for beauty and worth.

For Federal employees and U.S. Postal workers who become disheartened because of the cosmic intransigence of the “greater picture”, it is precisely the focus upon one’s own life, family, future and time yet left for greater endeavors, which should be the focus of today, the dream of tomorrow and the concentrated efforts of past remembrances.  When a medical condition begins to impact one’s capacity and ability to perform the essential elements of one’s positional duties, the Federal or Postal employee needs to consider filing for Federal Disability Retirement benefits, precisely because the “larger picture” will always be there, but the smaller details of necessity call for one’s effort in securing one’s place in that greater context.

When one’s health is threatened, the fragile nature of one’s being, the sense of insignificance and loss of place and relevance in society, becomes overwhelming.  But it is precisely within that context that the importance of carrying the burden forth becomes all the more relevant; if not for grander principles, then at least for one’s own self, family, and friends who care.

Filing for Federal Disability Retirement through the U.S. Office of Personnel Management may seem like another mundane detail of bureaucratic life which one must pursue, but it is what one can do in the next phase of one’s life that will matter, while all the while the cosmic intransigence of an impervious universe coldly stares back with the laughter of fate and determination to destroy.  It is up to each of us to defy such willfulness of intransigence.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Requisite Sense of Control

Most of us require a semblance of self-determination, if only to conceal the inadequacies and keep at bay the disasters which portend, or pretend, whichever the case may be.  By controlling circumstances, we believe that we can maintain prevention of crisis, pre-determine the outcome of expectations, and squirrel away the hesitations and insecurities controlling us in our lives of desperate needs.  But life has a way of defying the macro-minutiae of the limited universe within our reach and immediate control.

Mastery of life is difficult to attain; just when we thought we had grasped the foundational principles of life and living, old age sets in, and the youthful vigor dissipates, like the ethereal dust of residue left behind by the flight of angels.

For Federal employees and U.S. Postal workers, it is that sudden onset of a medical condition which nags and refuses to go away, which becomes the harbinger of things to come.  Agencies and the Postal Service tend to be “meddlers”, and once a particular Federal or Postal employee becomes the trigger-sighted individual, the stray bullet that travels is normally not too far behind.  Loss of control, or the abandonment of a requisite sense of control, is derived when agencies target, and when adverse actions are issued, a PIP is imposed, and leave restrictions commanded.

Filing for Federal Disability Retirement is an option which is a viable avenue to pursue, precisely because it attains and reasserts that requisite sense of control, by securing a needed annuity for some semblance of financial security and stability.  OPM Disability Retirement is also a means of re-focusing one’s life upon the priorities which matter — such as one’s health and well-being, so that the harassment and hostility at work will cease.

But the long road in preparing, formulating, filing and waiting upon a Federal Disability Retirement application, filed ultimately through, and decided by, the U.S. Office of Personnel Management, is another bureaucratic morass which — for a time, at least — will feel like entering another and surreal universe where one’s destiny is in the hands of another: OPM.  But in life, as in the parallel universe of the absurd, one must first lose control in order to gain the requisite sense of control.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

OPM Medical Retirement: Predictable Pantomimes

Most of life is simply lived.  One engages, works, plans, deliberates, initiates, completes chores, gets up in the morning, goes to bed at night, etc.  Little reflection or thought is required; much of it, like an automaton on a conveyor belt of cursory convenience, requires but mere human movement.

Perhaps in the mythological State of Nature, as described by Rousseau or Locke, the predatory environment creating a necessity of alertness just to survive, required greater cognitive involvement; or, as a corollary, an utopian condition of peace and tranquil coexistence with other forces of nature.  It is when one pauses for a brief moment, reflects, and has a sudden awareness of one’s self in the presence of others, that the very knowledge of acting within the confines and context of “doing”, becomes a consciousness of self-realization.

Self-awareness — that level of consciousness beyond mere recognition of one’s surroundings, but involving a direct acuteness of “being” but simultaneously “being in the world”, is what makes for human uniqueness.

Heidegger tried to describe it through linguistic mechanisms which turned out to be beyond the common realm of understanding or comprehension, and thus became relegated to the esoteric halls of academia.  Sartre and Camus attempted to capture it through fictional depictions, and indeed, it was more the texture of the novel, The Stranger, than the actual words, which came closest to successful conveyance of the experience of the absurd.

For the daily person, medical conditions tend to starkly bring out the reality of the experience.  Medical conditions suddenly reveal one’s vulnerability, and the fragile nature of one’s being.  Mortality becomes a reality beyond mere distance-reflection of some unknown future intent; it becomes the freshness of the now for a being within a body of decay.

For the Federal employee and the U.S. Postal worker who suddenly realizes that life, career, future and the boredom of constancy can be but a moment in time because of an impending medical condition which threatens one’s security and livelihood, 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, becomes a reality of immediacy, precisely because of the urgency of the medical condition upon one’s life and livelihood.

Suddenly, the priority of “being” presents itself.  What one did before the crisis of vulnerability was merely a predictable pantomime; the reality of life and the significance of relationships becomes the true being of living.

Filing for Federal Disability Retirement benefits may seem like a mere act of administrative convenience, but for many, it becomes the avenue of necessity in order to deal with the reality of illness, disability, and medical urgency.  And, as with all aspects of life and being, other predictable pantomimes will become apparent:  the agency’s hostile reaction; the looks of suspicion from others; unfriendly attitudes displayed by coworkers and supervisors; they are all merely actors on a larger stage, but yet to realize that “being” and “being-in-the-world” are one and the same, when tragedies befall and humanity acknowledges the fragile nature of life, like the soft petal from a dying flower which drifts soundlessly upon the earthen dust from which we were born, and to which we return.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Law: The Balance of Information

Most administrative entanglements involve some measure of balancing.  How much information to provide; determination of that which constitutes satisfaction of the request; whether, and to what extent, the information is sufficient to complete the transaction; and other similar analytical evaluations prior to submitting the compendium of data.

For Federal employees and U.S. Postal workers struggling to complete a Federal Disability Retirement application, first through one’s agency (if still on the rolls and not separated for more than 31 days), and then directly to the U.S. Office of Personnel Management (unless one has been separated from Federal Service for more than 31 days, but not more than 1 year, as all Federal Disability Retirement applications must be submitted within 1 year of being separated from Federal Service), the key component and measure is the effectiveness of Standard Form 3112A — the Applicant’s Statement of Disability.

The act of balancing begins upon an initial review of the questions posed by SF 3112A.  While other forms require basic information concerning one’s personal data and the agency for whom the Federal or Postal employee works (e.g., SF 3107 series, including Schedules A, B & C), the SF 3112A is the linchpin of it all.  Care should be taken in answering the questions; reflection upon the character and extent of the data provided; editing and review of any final submission.  Too much, or too little.

The Goldilocks principle should always be applied, and when served in just the right amount, the true test of the balance of information has been finally met.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Other Side of Work

The entanglement of work with value and worth is an inescapable aggregate of custom, upbringing, time spent, and the egoism of leaving some indelible mark upon an otherwise implacable universe.  Where work resulted in income, and income the cumulative wealth of a lifetime, the driving force behind it never mandated the fury of necessity.  Of course work has always been tied to livelihood; that is a given.  But when the doors for credit, mortgages exponentially exceeding an imbalance beyond capacity to repay, and the idea became accepted that luxury need not be left for tomorrow, the slavery of bonding work to worth became an unworthy concept.

Then, when a medical condition begins to impact one’s ability to perform all of the essential elements of one’s job, the fear and trembling for future needs begins to encroach.  For Federal employees and U.S. Postal workers who find that a medical condition is having an effect upon one’s performance of work, the reality of potential alternatives must be faced, and quite quickly, lest the other side of work, like this side of paradise, leaves one with neither work nor income, but a bleak future without either.

Filing for OPM Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, will take time to develop, submit, and wait upon in order to receive a decision from the U.S. Office of Personnel Management.  It is a complex bureaucratic process with multiple administrative facets.  The reality of needing to file, however, should never be confused with the bundled confusion one has concerning worth, work, and the value of one’s contribution to society.  It is the medical condition itself, and attending to the symptoms and effects of that which one never expected, asked for, nor desired, that must be focused upon .

Some things in life are, indeed, worth of greater value than work, and the value placed upon the other side of work will determine the course of one’s future, whether of joy and love, or of further puzzlement beyond the imprint of time spent without one’s family.

Sincerely,

Robert R. McGill, Esquire