Tag Archives: civil service medical retirement under fers

OPM Disability Retirement Law: Of the Bad Today

One often pauses in today’s climate and asks, Is it worse, today?  Is the “badness” more prevalent today than in epochs past?

Then, the pause and the question itself must be contextually “filled in”, like the gravedigger who digs a rectangular hole but stops and asks the absurd question, “What if there is no body today?”  Then, of course, you are digging a hole just to dig a hole, and the entire context and purpose suddenly disappears.  So, what is the context?  Well, for starters, Worse in what way?  And worse, for whom?

Certainly, if you were in prison at Auschwitz in 1944, there is no comparison worth making.  Or, if you were a Native American forced from your ancestral home to march the Trail of Tears, or an American soldier on the Bataan Death March in 1942 — surely, the “badness” perpetrated upon those people (answering the 2 questions, For Whom? and, Worse in What Way?) cannot compare to today?

And, in retrospect, it may be that America reached its pinnacle as a world power sometime during the 2 decades after WWII; for, surely there was no greater world dominance than the American specter following the Allied Victory against both Japan and Germany?

But even then — of the 1950s and early 1960s, the question still looms, For Whom?  Many African Americans who fought bravely in WWII thought that, having faithfully served their country against the forces of fascism and Germany’s genocidal racism against the Jewish population, surely — this time — things were going to change “back home”?

But no, they found that the post-war economic boom was not all inclusive, and that they would have to fight not only Nazi Germany and Imperial Japan, but within the borders of their own country, just to reach some status of equality.  And so we turn full circle and ask, Of the Bad Today, was it ever this bad?  Well, it depends….

For Federal employees and U.S. Postal Service workers who suffer from a medical condition where that medical condition no longer allows you to to continue in your Federal or Postal career, the Bad of Today has been your chronic and debilitating medical condition, and yes, it is worse than the Bad of Yesterday — if only because you are no longer the young and healthy whippersnapper you once were.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and let not the Bad Today extend into the badder of tomorrow.

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: The Grist of Life

It is that substance which is most useful; the essential part of the grain grounded in order to make flour; the rest and remainder — of the stem, the outer coating and armor which protects it — they, too, have some role to play in the larger scheme of things, but in the end, it is the grist of life which produces the essence by which we live.

Meaning, for everyone, may posses some external differences; but in the end, values which sustain and are sustainable, cross over and overlap; and yet, rare is the instance where such matters are discussed, even in the closest of families.

What is the grist of life?  Is it to drink, party and have the greatest extent of pleasure achievable?  Is it to “make a difference” in the short time we have upon this world?  Is it to accumulate the greater amount of “toys” and, in the end, to be declared the “winner” because of the amount and extent of wealth amassed?

Or, is it about “relationships” — of Father & Son; Mother & Daughter; Father & Daughter; Mother & Son; extended families; of grandparents; of the coherence or crisis; of a community which no longer exists.  When did we lose that sense of community?  When did the grist of life become a matter of money?

Whatever “it” is, you know that you have lost it when your health begins to deteriorate; for, when your health is a concern, no longer is there a question as to what is the grist of life — it begins and ends with one’s health.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement is contemplated, the grist of life becomes quickly clarified:  Health, in order to to be able to have a quality of life.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and return to the essence of what it is all about:  Health, Life — a brighter future.

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 from OPM: Just Beyond

That is what makes you pause, yet unsure — the “just beyond”.  Maybe its a dream — but it is just beyond your grasp.  Perhaps the directions you were given — just beyond the next corner, just beyond the next town; or just beyond what even Google Maps can lead you to.

Or, in a Federal Disability Retirement case, it is the argument that the U.S. Office of Personnel Management makes in denying your Federal Disability application under the FERS system:  the insertion of a word here, an unfamiliar legal phrase there, always “just beyond” a suspicion as to whether they are correctly stating the legal criteria or the statutory authority cited in denying your case.

OPM systematically engages in such word-usage — of using phrases and inserting words which go “just beyond” the law, but in fact do not comply with the actual legal requirements.  And, as the individuals who make the decisions at OPM are themselves just beyond any accountability, they engage in such misuse and mis-application of the law with impunity, knowing very well that they will never have to answer for such mis-characterizations.

Thus, for example, does a denial of a Federal or Postal Disability retirement application often refer to the fact that “Social Security did not find you unable to be employed” — which may be true, but is a statement “just beyond” the laws governing a FERS Federal Disability Retirement application because what Social Security determines has absolutely no relevance to your FERS Disability Retirement application.

Or, OPM might say something like, “There is no evidence that your Agency could not have accommodated you beyond all possible means”.  Yes, but that is not the law; rather, the issue is whether your Agency could have “reasonably” accommodated you; not, whether you could have been accommodated beyond all possibilities within the universe of theoretical possibilities.

Again, OPM engages in legal jargon “just beyond” the boundaries of truth and integrity.  To make sure that OPM stays within the boundaries of statutory authority, contact a FERS Disability lawyer who specializes in Federal Disability Retirement Law, and always make sure that you apply the law not just beyond, but within.

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 and Postal Employee Disability Retirement Law: At Its Worst

We can all be at our best — so long as we are never tested.  We can talk, and talk some more, about what we “would have done” had we been in such-and-such situation.  And since we relegate our military to men and women who are the economically-disadvantaged — instead of a draft which would impact all sectors of society — we can talk endlessly about what we “would have done” if we were in this situation or that.

We can say we will never do X — until we are actually confronted with the circumstances which constitute X; and a person can give a vow, have children based upon that vow, and years later renounce the vow without blinking an eye.  “Well, we drifted apart”; “The circumstances changed”; “He/she didn’t want to be married anymore” — and on and on.  But what about the vow?  Silence.

The test of virtue is not mere words; rather, it is the actions which result from actual circumstances encountered.

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, you may have seen your Agency or the Postal Service at its best — because nothing has tested its response to what you are going through.

Unfortunately, experience has taught that Federal Agencies and the Postal Service reveal their true character when confronted with an issue at its worst — such as treating an individual who needs to file for Federal Disability Retirement benefits under FERS.

Don’t be foolish and assume your Agency or the Postal Facility will respond and treat you the same as when things were going smoothly and everyone was at their best, for such is not the test of character; it is when things are at its worst when the true test is applied.

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 Disability Retirement: The Mechanical Wind-Up Toy

Do they even make them, anymore?  Or, are all such toys and gadgets made with computer chips and batteries?

They were fascinating creations — from monkeys playing the drums to cars whizzing under the furniture; the only thing which stopped them was the end of the spring-action coils or whatever other means of internal arrangements were engaged.  As with all such gadgets, the cessation of activity came when the mechanical coil reached its end, the spring action came to a full release, or somehow the device reached its intended endpoint.

In the end, is it really any different from today’s gadgets — as when the battery loses its “juices” or the computer chip has burned itself out?

Human beings, as well, possess an endpoint to the internal mechanism of the body — of repetitive actions which break down the endurance of a joint; of injuries or diseases that attach organs and specific areas; of stresses which damage the mind.

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 position with the Federal Agency or the Postal Unit, Federal Disability Retirement may be the answer to the unanswered question: Is there any recourse to my medical inability to perform all of the essential elements of my job?  Or, am I merely to be treated as a mechanical wind-up toy who has reached the end of my usefulness because of the unraveling of the internal coils that once allowed me to operate?

Contact a disability lawyer who specializes in Federal Disability Retirement Law, and see whether or not you can get beyond the limited warranty of a mechanical wind-up toy, and instead obtain a Federal Disability Retirement annuity and live beyond the life of the mechanism of springs and coils.

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 Early Medical Retirement: The Ornament of Language

We have all come across that experience — of people who talk, but say nothing; of eloquence without substance; or of the “great talker” who, after the party is over, stands alone in the solitary corner of irrelevance.

Language is meant to communicate; moreover, to provide the narrative of life and living.  The ornament of language — those hanging extras and decorations meant to embellish and enhance — is provided for various purposes, including exaggeration and to make it more “interesting”.

The question encountered in any narrative is to ask: How much bare-bones substance and to what extent ornamentation?  This is like the question: How much history should be provided, and to what extent, context and personal asides?

For Federal employees and U.S. Postal workers who suffer from a medical condition and must submit a Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management, the question of content and substance as opposed to background information often triggers the concern about the ornament of language.

Precision is preferred; tangents should be avoided; the foundation of a case should be solidly constructed.

Contact an OPM Lawyer who specializes in OPM Disability Retirement Law and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS with both the substantive content of a persuasive legal argument as well as the ornament of language which will compel the U.S. Office of Personnel Management to approve your case.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement for Federal & Postal Workers: Worlds Apart

It is a phrase which is oft-used to describe the distance still to be traversed when negotiations break down; but more generally, it reveals the differences between people, ideas, countries and cultures.  There are, indeed, many different worlds — of countries; societies; of the internal “world” by which we live — our thoughts, cares, conceptual lives and pondering narratives.

So long as the inner world by which we operate is consistent with the “objective” reality of the Kantian “noumenal” universe, we are deemed sane and left alone.  It is when the distance between the objective world and our own world of thoughts becomes too disjointed, overly separated and — worlds apart — that we are deemed insane or otherwise disconnected from reality.  The key is to maintain a semblance of worlds knit closely together, lest becoming worlds apart leads to falling apart.

That is what filing for Federal/Postal Disability Retirement is all about — of keeping one’s universe from becoming worlds apart, or from falling apart.  Medical conditions separate one’s private world of pain, suffering, depression, anxiety, etc., from the “world” of one’s Federal or Postal job. Federal Disability Retirement is that bridge between Federal or Postal employment and termination from that world because of a medical condition.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, lest your application for Federal Disability Retirement is denied and remains worlds apart from a successful Federal Disability Retirement filing.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Once-in-a-Lifetime Experience

Much of life is an experience of repetition.  It is the act of habituation which allows for the sustainability of life.  If every experience — each day, each hour, every day, every hour — is a new experience, it would be tantamount to the antithesis of sustainability: Chaos would prevail.

Then, there are once-in-a-lifetime experiences — perhaps of an astrological event where certain planets align themselves once in a million years; or of a “Supernova” that is witnessed; or of filing for Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management.  Yes — that, too, is a once-in-a-lifetime experience, inasmuch as it is unlikely you will file for the benefit more than once in a given lifetime.

Being such a unique event, it is advisable to consult with an OPM Disability Lawyer who has performed the chore of legal representation more than once, in order to obtain the experience of wisdom and advice which is, indeed, a once in a lifetime experience — but not for your FERS Attorney.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Unintended Error

Perhaps it is an unnecessary assumption; for, are any errors intended?  And, if intended, does it not undermine the very concept of being an “error”?  Do we ever deliberately make an error?  Or, is it more likely the case that — if we in fact did intend to make the error — we would merely retrospectively lie about it?

Perhaps in circumstances where much is at stake, or a person is threatened — as in gambling, where “throwing” a game will result in greater profit, or making an accounting “error” will limit financial devastation, etc.  Otherwise, in most instances, an error is presumed to be unintended.  And it is precisely because it is unintended that an error becomes exaggerated in its unintended consequences.  “We didn’t know”; “If only I had known”; “How could I have known?”; “I didn’t mean to…”, etc.

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, preparing a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management in as error-free state of formulation is obviously the preferred state of submission.

Errors can — and will — come back to haunt you, whether unintended or not.  Consult with a Federal Disability Retirement Lawyer and limit the extent and consequences of errors unintended.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Postal & Federal Employee Medical Retirement: Vanishing Time

Where did it all go?  Whether it was the week, the past year, or the past decade, we look back and ask in wonder: How did I not notice?  You wake up one morning and realize that the ravages of time become reflected in the mirror by the face staring back at you.  We are allotted a certain number of years during a lifetime in order to put our stamp upon this world, to create a legacy, to be mentioned in a biographical footnote; and of that apportionment, have we made good and productive use of that gifted slice?

Excuses abound, of course; that life intrudes, that various events interrupt and cascade into timeless energies expended beyond capacities endured in moments of frenzied capillaries of wasted efforts.  That’s what New Year’s resolutions are for: To hit the proverbial “reset” button and redirect our efforts into more productive ventures — of self-help books left unread from the previous year and motivational videos unwatched and left to gather dust on the bookshelves of unintended consequences.

Time vanishes without our even knowing it, and for Federal employees and U.S. Postal workers who are suddenly beset with a medical condition that impacts his or her ability to continue in a chosen career with the Federal Government, the question becomes: What do I want to do with the time remaining?

If Federal Disability Retirement is a necessary next step, consult with a FERS Attorney who specializes in Federal Disability Retirement Law so that the vanishing time is preserved for a brighter tomorrow that may not last forever.

Sincerely,

Robert R. McGill, Esquire