Tag Archives: conditions and fers disability retirement

OPM Disability Attorney Help: Turning the Proverbial Corner

Hope is what motivates; without it, even a figment of a semblance of it, the energy to continue becomes depleted and dissipated.

Turning the proverbial corner is often that glint of hope — of thinking that one is on the verge of change, alteration, modification, improvement and success.  And when desperation rears its ugly head (yes, another proverb of sorts), any improvement at all becomes a welcomed turn of the page (and again, another proverb we are familiar with).

Chronic medical conditions tend to extend and prolong such causes of hope; of a doctor’s positive attitude, the physical therapist’s “goals to achieve”; or perhaps the nurse’s notation that you are “better” today as opposed to the month before.  But objectively — can this continue until you are eligible for full retirement?

The proverb itself — of turning the corner — may be to file for Federal Disability Retirement benefits under FERS, for the Federal or Postal employee.

Perhaps the “change” to consider is not the medical condition itself, but rather, the job and responsibilities which come with the job — that position which you can no longer perform because of the medical condition itself.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider turning the proverbial corner by preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

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 under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Proof

What constitutes it, and how do we learn of its sufficiency or relevance?

Take the following scenario: A group of boys are gathered together along with Billy, the “town bully”.  A discussion of sorts ensues — who is the toughest kid in town?  Some of the boys offer that “Dave” from across town is the meanest and toughest — a black belt in Hapkido, a state wrestling champion and a middle line backer for the high school football team.  Some others counter that Dave was once beaten up by Joe back in February, and doesn’t that “prove” that Joe is the toughest?

Then Billy suddenly stands up and everyone else becomes quiet.  He starts slowly and deliberatively pounding his right fist into the open palm of his left hand, and juts his prominent chin out in an intimidating manner, and says, “Okay!  Enough of this talk!  How ‘bout me?  Which of you weaklings says that I’m not the toughest guy in town?”

There are multiple sounds of gulps and fearful drops of sweat begin to trickle down the backs of each, and one of the other kids — a skinny little weasel with thick, black-rimmed glasses, suddenly shouts, “That’s proof enough for me!”  Following was a loud and unequivocal consensus of unanimous agreement.

In such a scenario, two things occurred: One — Billy “proved” that he was the toughest kid in town, and Two — all of the other kids took the lesson to heart that the proof of a physical presence and the threat presented was “sufficient” proof, as well as relevant as all get-go.

Thus are all of the components necessary to establishing verification of a propositional truth established: the town bully’s declarative utterance, backed by the force of a metaphorical persuasion (for one would argue that no overt coerciveness was used, but merely an innocent act of pounding one’s fist into the open palm of one’s other hand, and if asked whether Billy “threatened” anyone into declaring him as the toughest kid in town, he would and could innocently declare that there is “no proof” of any such accusation established or verified), and further reinforced by the scientific consensus of his peers and fellow students.

Proof was offered, considered, and accepted in full by a persuasive methodology of a succinct and effective form.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the systematic and methodological “proof” which must be gathered and presented to the U.S. Office of Personnel Management in establishing the Federal or Postal employee’s eligibility and entitlement to Federal Disability Retirement benefits must, of course, be somewhat more sophisticated than the rudimentary — but effective — amassing of proof portrayed by Billy the Town Bully.

Of course, some of the characteristics may still be relevant — of what constitutes “effective” proof; of what works as “persuasive” proof; of what is comprised of proof itself.  But the difference is that, while proof that leads to an approval from the U.S. Office of Personnel Management should last for the lifetime of the Federal or Postal employee, “proof” for the kids who agreed that Billy was the toughest guy in town lasted only so long as the threat presented kept everyone convinced.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Medical Retirement Help: Jobs — the true civil rights

Throughout history, across national and international lines of artificial demarcations; over barriers confining and limiting all conceivable sectarian ceilings; in every society, community and communitarian conglomeration where people must live and tolerate one another, there has always been an allegation of unfair treatment, discriminatory division, and biased cacophony of complaints.  Perhaps all of them are valid and legitimate; perhaps some are and others not as much.

Whether by ethnic identification, normative connection, racial similarities or shared sexual orientation, the treatment by any given society of a group bifurcated by an identifiable feature of appearance, lineage or historical caricature, is forever fraught with inherent complexities.  Politicians have their own motivations for agreeing or disagreeing with a group’s alleged violation of “rights” in a society; beyond the vote, they want the financial support and agreement to refrain from disruption of speechifying and rallying.

The problem with each identifiable claim of unfair treatment, however, is that the impact upon other groups outside of the chain of identification can be so alien as to defy empathy of relating; I am not my brother’s keeper if I cannot relate to the existential phenomenology of derisive treatment.  Yet, what has been “missing” in each historical movement shouting for equal and fair treatment, is the one and only true civil rights issue which touches every ethnic, racial and cultural divide — jobs.  It is the one component in every given society which touches every household, whether by racial, sexual or ethnic identification.  It provides for a standard of living; it gives purpose and substance to each individual; and it reflects upon the magnitude of a society’s caring for the aggregation of citizenry.

The flight of jobs leaves behind the devastation of towns and cities; and the abandoned homes and former factory buildings no longer bright with endless rows of fluorescent lights after many have gone home, is a testament to the blight of future hopes and dreams.  Decade after decade, we hear of “trade agreements” which will “brings jobs back”; but to whose benefit?  No one ever asks that question.  And as each year the jobs flee, the trumpeting of the next great “agreement” is touted from the soapbox of hope.

Sometimes, it seems that we all fall prey to the conmen of political expediency, where taking up causes which divide and separate, while ignoring the only true cause which matters, is done with purposive infamy.  Indeed, that very same issue is often the stumbling block for Federal employees and U.S. Postal workers who are considering 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.

The Federal or Postal employee who suffers 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 his or her position, will often pause because of the very nature of change — of the loss of one’s job, lessening of income, and alteration of circumstances.

Having a job is always a comfort of security, and sometimes a luxury of sorts, especially if you are healthy and able.  In many ways, it is the one and only true civil rights issue, and for the Federal and Postal worker, to “give up” that “right” when it has been the source of one’s identity — not to a group or with a status based upon a cultural divide, but upon the singular factor which matters to most — of pride, productivity and purpose, it is often understandably difficult to take the next but necessary step in preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Of the politics of human discontent

Long ago, it was figured out; by men and women smarter than the general population, the ingredients of democracy and seizing of power became fixed in a formula of compromise; in politics, discontent is the source of unrest, and change is the power switch that turns the electorate around.

Rousseau over-romanticized that mythological “State of Nature“, but accurately recognized the human tendency towards the need to accumulate the leisurely graces of societal accouterments.  “Keeping up with the Joneses” was a nice, pithy way of putting it; the sardonic undertone has outlived its meaning, and today, economic survival has overwhelmed most of us.  The fact that the greater gods in back rooms of whispered consciences have recognized the need for portraying the hope of stability in exchange for demagoguery and cultish following, has even the power players wishing for a time of yesterday before a week hence.

Ultimately, human discontent has to do with the spectrum of a chasm between expectation and reality; when that pose of separation divides too far, an abandonment of common sense, historical lessons, and an approach of rational foresight becomes the blaring trumpet of the vaunted white knight.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows for continuation in the Federal or Postal position because it intersects with the ability and capacity to perform one or more of the essential elements of one’s Federal or Postal positional duties, the interceding reality of the politics of discontent come to the fore.

Left in the quandary of false choices, the chasm between “what the law says” and how the power structure at the Federal Agency or the U.S. Postal Service reacts to the news of the medical condition, is tantamount to the poverty of expectations in the face of reality.  The Federal bureaucracy can pay lip service to the touted declarations of fairness, efficiency and good government, but people will always be people — a tautology which everyone knows the meaning of, especially if you are a Federal or Postal employee.

Fortunately, the law also allows for the benefit of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset.  And of the politics of human discontent?  Leave that for the next generation of brave souls who may enter into the realm of Rousseau’s elevated sense of the Social Contract as the foundation of society’s misgivings; but just remember that the French Revolution resulted in the beheadings of many, and a change for none.

Sincerely,

Robert R. McGill, Esquire