Tag Archives: civil service disability retirement attorney

Federal Medical Disability Retirement: Of Life’s Bindings

What is it that binds us to life?  We are well aware of those things which unbind us — loss of family and friends; major changes; upheavals; divorce; medical conditions.  The things which unbind us from life are those which create havoc, extend joylessness beyond mere momentary emotions, etc.

The things which bind us to life are those events, encounters and elements which enliven us, reinvigorate our spirits, and compel us to a level of energy which declares to the world, “I am alive. I want to contribute.”

Of life’s bindings: Helping young people to find their bindings of life; Of learning how to maneuver through the maze of complexities and challenges which daily living brings to the fore; Of having a special relationship with others; Of having a loyal dog beside you; Of work which is satisfying, and of which you are competent and successful; of health.

The last of these are often taken for granted; yet, it is always the first on one’s list of life’s bindings when it begins to fail.

For Federal employees and U.S. Postal workers whose health is beginning to fail, and where the failure of health impacts one’s ability and capacity to continue in the career of a Federal or Postal employee, the time to consider preparing an effective Federal Disability Retirement application for submission under FERS to the U.S. Office of Personnel Management is — now.

Don’t wait until the primary basis of all other of life’s bindings begins to fail — of one’s health — where the dominos begin to fall and knock down all other of life’s bindings.

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 Disability Retirement for Federal Employees: Point Guard

He is the captain of the team; the one who sets the course, the pace and the rhythm of the group, whether on offense or defense.  Whether for a “set” play or an ad hoc fast break requiring creativity and quick thinking, the point guard directs, plans, initiates and commands.

If he hogs the ball and fails to dish out to the open play maker, he falls short in his role and endangers the emotional character of the team by allowing for resentment and loss of confidence. If he becomes reluctant in taking the open shot himself, or takes it and doesn’t score, he allows for the potential loss of confidence in himself.

The point guard, in short, is the most important position to fill in the most competitive of group sports: basketball.

Similarly, in an Federal Disability Retirement case, who directs, commands and coordinates the amassing of the necessary documents?  Who is in charge of directing the legal arguments to be made?  Who will initiate the process of preparing, formulating and filing an effective Federal Disability Retirement application through the defensive giant of the opposing team — the U.S. Office of Personnel Management?

Contact an attorney — your point guard — in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: The Flower and the Bee

From an objective viewpoint, they represent a disparate set of entities.  On the face of it, they have nothing in common.  Yet, it is the symbiotic relationship that allows for pollination and propagation, and the nexus between the two is a necessary relationship between the two in order for new seeds to be generated, and for a thriving environment to continue to flourish.

How that “connection” between two dissimilar entities is developed, is a natural order originating from unseen forces; but how we have come to recognize the nexus is through observation, experience and logical analysis.  Much of what we do, see and pass by are similarly connected, but of which we fail to recognize the intersections.

Filing for Federal Disability Retirement benefits through OPM is often like that — of being denied simply because we fail to see the logical connections.  We believe, for example, that submitting old medical records that date far back would show how long we have suffered, but fail to see the connection that it might also reveal the converse: That, despite the medical condition, we were able to successfully perform our jobs.

Consult with an OPM Disability Attorney who specializes in FERS Medical Retirement Law and recognize the nexus that must be developed; and like the flower and the bee, begin to develop the connections necessary in order to pollinate a successful Federal Disability Retirement filing.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees with Disabilities: The History of Our Lives

Few of use consider the history of our lives — its place, relevance, context and significance.  There are those who are historical beings — of politicians; those involved in major crimes; a singular, spectacular event; or of a blip in history which may deserve a footnote in a biography or narrative which is soon forgotten upon becoming delisted from the New York Times Bestseller columns.

Whether of an integral paragraph or a side note, we have a place in the minds of relatives, friends, some acquaintances and even, sometimes, strangers we encounter but forget.  In a self-centered society like ours, many more have puffed themselves up to such an extent that they actually worry about their “legacy” — of what some will say about them after they are departed and what will they think when all is said and done?

The history of our lives is a complex one — told at dinner tables, at Thanksgiving and other gatherings where conversations begin and taper off, tidbits of questions and answers begin and falter — “What ever happened to Uncle X?”  “Do you remember the time when…?”  And then, of course, there is the haunting memory of one’s self about one’s self, and the fear of mortality combined with a desire to be remembered.  Perhaps it is memory alone which allows for the eternal; and so long as there are those who remain who recall a vestige of a life mostly forgotten, we continue to live on in our own misbegotten sense of immortality.

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 or career, the history of one’s life must often be narrated in response to SF 3112A, Applicant’s Statement of Disability.  How much of one’s life must be revealed; to what extent; of what details and how far back — these will sometimes play a crucial role in determining the validity, viability and efficacy of a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and discuss the viability of a Federal Disability Retirement application, including the history of lives which otherwise are left to the unmarked tombstones overgrown with wildflowers left unattended.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Afterwards

There is often a sense of deflated incompleteness; of a sense that what comes next is not as fulfilling as the expectation of that which has already passed.  The sense of “let-down” is a phenomena which exists only in a culture which prepares for much, allows for little, and demands of everything.

For the Federal employee and the U.S. Postal worker who expected that a career in the Federal sector or the U.S. Postal Service meant a lifetime of dedicated service, and that loyalty would include a bilateral venue where, if you became ill, had a prolonged period of absenteeism, or otherwise suffered from a medical condition such that you could no longer perform one or more of the essential elements of your job — that, despite such circumstances as described, the Federal agency or the U.S. Postal Service would nevertheless “stick by you”, your disappointment at the reality of the situation must by now be palpable.

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or even CSRS-Offset, is the next best step if the Federal or Postal employee suffers from a medical condition which impacts and prevents one’s ability and capacity to perform all of the essential elements of one’s positional duties.  Such an application must be prepared with a view towards effective persuasion, through the U.S. Office of Personnel Management, and should include multiple elements including a clear citation of the legal basis upon which one meets the eligibility criteria.

Afterwards, there is merely the empty wrappings and the residue of the joyous occasion from the previous night; but it is the tomorrow and the next day, and the days thereafter, which will determine whether happiness and fulfillment are still the byproducts of a promised culture, especially for the Federal and Postal employee who gave much, demanded little, and finally gained insight into the broken promises spoken by the Leviathan of a bureaucratic morass.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Plans, purposes and pivoting positions

The first in the series indicates the human endeavor of imagination and creativity, unique sets of binary forecasts projecting into a beautification of one’s future; the second, the qualitative and substantive core which motivates and impels the preceding characteristic and transforms it from mere ethereal musings into a concretized formulation of action; and the final element of the tripartite aggregate represents the capacity and ability of a person to remain adaptable, malleable, ready to take into consideration new data and conform appropriately, such that the originating plan is never abandoned but merely evolved into a pragmatic reflection, yet driven by the underlying impetus based upon strength and character.

It is the last of the three which is often the most difficult in this society of rigidity and unforgiving iconoclasm.  Bureaucracy does that to people, as the Leviathan of administrative growth and conformity to identity of purpose leaves little room for imagination and creativity.  We like to fool ourselves by pointing to the vast number of books published, or to “new plays” being produced off-and-on-Broadway; or to the innovations attained and announced in the world of technology, medicine and legal precedent, then pat ourselves on the back with self-praise and delusional despair.  But reality confronts us otherwise in the daily encounters with ordinary people.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, the direct conflict with the ways of repetition and customary machinations of administrative malfeasance come to the fore.

Agencies rarely, if ever, desire to accommodate; they do not see the value of retaining Federal employees who have served with dedication, honor and reliability for these many years; and, instead, are willing to forego the minimal alterations to workplace requirements and engage in a termination fight in order to retain its mindless inscrutability.  Plans are meant to be changed — and for the Federal or Postal worker, the entrance of a medical condition, whether physical, psychiatric, or a combination of both, should so alter the plans.

Purposes can be adaptable — and so they should, when the medical condition enters the equation.  And those pivoting positions first learned in playing the game of basketball?  They teach us the valuable lessons not only to elude the opposition, but in order to gain the advantage of a position of strength where weakness was once thought to prevail.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Another Day to Fight

I often tell young people who are contemplating going to Law School that, to become a lawyer, one must accept a life of constant contentiousness.  While “professional courtesy” in the field of practicing law is often spoken about, and courtroom decorum is indeed important to maintain, it is nevertheless a profession which faces controversy, contentiousness, debate, disagreement — and, yes, disagreeableness.

One might think that in the field of Administrative Law, such as Federal Disability Retirement law, where the singular issue is whether a Federal or Postal employee is eligible for Federal Disability Retirement benefits, that the level of confrontation and contentiousness may be limited.  It is not.

This is because the emotional, mental, financial and future security of an individual is at stake.  At any given moment in time, the client who is counting on getting an approval from the Office of Personnel Management, may feel the anguish of the wait.

It is up to the Attorney who represents the Federal or Postal employee to win the fight, and to know that so long as there is another day to fight, there is always a chance that the client will obtain the Federal Disability Retirement benefit that he or she rightfully deserves.  Today or tomorrow is another day to fight, and it is another day of contentiousness which is worth it, because that is what we are paid to do.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: First Steps

With almost everything in life, it is that metaphorical “first step” which is the most difficult in the process of beginning, enduring, and accomplishing anything.  This is no different in filing a Federal Disability Retirement application under FERS or CSRS.  The task at the outset can appear daunting:  the multiple forms; the ability to formulate the necessary connection between one’s medical conditions and the job which one performs; having the Agency fill out their portion; having the doctor formulate, in a precise and meaningful manner, the narrative report which will meet the legal criteria for successful eligibility for Federal Disability Retirement benefits.  It is as challenging as the first step for a child; as intimidating as the first step in any life changing event.  To ease the process, it is often a good idea to do some preliminary research, including speaking with an Attorney who specializes in the process of preparing, filing and fighting for Federal and Postal Disability Retirement benefits.  As with everything in life, proper preparation is the key to success, and it is no different for a Federal or Postal Worker who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire