Tag Archives: dealing with an inquiry to present employer to verify records of employment and health condition

Federal & Postal Worker Disability Retirement: The Chore of Life

We all have our chores to do — some more pleasant than others; of emptying the dishwasher; taking out the garbage; cleaning up the yard after a hard winter’s debasement; attending to the pets; even taking a shower — although, it is puzzling as to why we do not consider the latter to be a “chore” and instead deem it as a daily activity of living.

Watching a toddler, we realize that they, too, engage in chores; the only difference is that everything that they do is involved in the most important chore — the chore of life.  For, the initial engagement with the world — of objects, furniture, toys, pets, other people — involves the primary learning process of how to maneuver through the obstacles of this experience called “life”.

We, as adults, forget that important lesson, because we have encountered it repetitively so many times that everything becomes boring, unimaginative, a burden — in short, a “chore”.  Life in general, after a time, becomes a burden and thus a chore, and then cynicism begins to seep in.  But the chore of life to a child is the fresh encounter of everything in the world precisely because of its freshness and newness.

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 continuing in one’s chosen field of a career, consider filing for Federal Disability Retirement benefits under FERS as another chore of life which must be accomplished — if only to be able to see that there is still life after federal employment.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and begin the process of tackling the chore of life — of getting beyond the old and embracing the new.

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 Medical Retirement: The Cloud That Never Dissipates

It often feels that way.  Whether from a singular source of worry or of an accumulation of multiple concerns, the cloud that hangs over a person is a reality seen only from the perspective of the individual impacted.  Perhaps it is a metaphor of some sort; and yet, the reality for the particular individual effected cannot be ignored.

One can attribute it to “moods” or even to a personality, but there are many among us who cannot disperse the hanging cloud that never dissipates.  We can momentarily reach above and swing wildly to separate the hanging smog of darkness, trying in vain to let some sunshine in; and we can engage in our distracting projects, as Heidegger would posit, in order to forget — for a time, at least — the impending doom just around the corner; and yet, the cloud still never dissipates.

Those momentary distractions are meant to provide a semblance of relief — a laughter here, an entertaining show over there, and a gathering that unburdens for a slice of time; but then the cloud redoubles its hanging effort and stays with us, reminding us of our mortality in a world impervious to our concerns.

For Federal employees and U.S. Postal workers who suffer from a chronic medical condition that simply will not dissipate, that feeling is intimate and known.  Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest the cloud that never dissipates might result in a termination because of the medical condition that prevents you from performing the essential elements of your job.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Attorney

 

Medical Retirement for Federal Employees: On the Verge

We often think in those terms, don’t we?  We are “on the verge” of doing something — whether of minor significance, major importance or of negligible impact.

All other species of living entities simply act and react; they do not engage in linguistic meanderings by discussing future events of unaccomplished deeds, but simply engage in the act of performance itself.  “I am on the verge of doing X” or even the further distancing statement that “X is planning to be on the verge of Y” — all statements of future intentions based upon planned coordination of unfulfilled motives.

Often, it is the perfect set of circumstances that one waits for, or a key element that remains missing before the initiation of the decision to act occurs.  To remain on the cliff’s edge, or right before the starting line, or even that twilight’s moment before one awakens, begins to stir and is aware of one’s surroundings just before the lengthy slumber of the night’s quietude turning into the frenzy of the day’s activities — that is where the “verge” remains.  Then, there are those for whom the act is never accomplished and one remains perpetually “on the verge”.

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, don’t let being “on the verge” destroy your health or potentiality left in limbo to seek other opportunities.

Filing for Federal Disability Retirement is an act, not a thought, and when too much thinking betrays the medical condition by overriding good sense, it is time to consult with an attorney who specializes in Federal Disability Retirement Law and get some sound advice on whether to remain “on the verge” of making a decision to act, or to remain with one’s Agency or Postal Service while deteriorating into a perpetual state of despondency.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The imperfect image

There is, to begin with, the “perfect image” — that which we hope to project; those which appear on Twitter, Instagram, Facebook postings; and further, the public domain of our selectively chosen, carefully manufactured and manicured condescensions of carved lives.

The imperfect image is that which haunts us; it is the opposite of what we wants others to know about us; the very antithesis of what society allows for and deepens within the fears of our psyche where nightmares begin to boil over, anxiety begins to percolate, and stress-induced heartbeats rise to the level where dangerous palpitations lead to sudden onset of a terminal feeling.

The latter feeds upon the former.  It is precisely because the former exists that the latter becomes the illegitimate child of a figment of an unreality, and yet gnaws and destroys despite everyone’s recognition of its impossibility.  It begins perhaps with the age-old theological arguments — of the query, How can man have a concept of perfection unless there is such an entity that exists?

The classical counter-argument has often been: Well, we are able to imagine 3-eyed monsters with green-colored tentacles, are we not, even though they do not exist?  And the counter to the counter-argument was: Yes, but that is merely a matter of the imagination amalgamating all of the separate components — of 3 different eyes; of the color green; of tentacles like an octopus’ appendages; then, by creativity of the mind, to put them together.

Thus does one imagine perfection because there is such a Being as a perfect Being; and from that, Man views himself, sees the inadequacies and determines his or her own sin— unless, of course, you are on Facebook or Instagram, in which case you are the Being of Perfection itself…at least to all others who view you on such mediums of communication.

It is from that held-concept of perfection that when the early rash of imperfections begin to spread, we think in error that life is no longer worthwhile, and the despair of a false belief begins to pervade the inner psyche of our private lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the sense of despair and hopelessness often begins with the manner in which you are suddenly treated by others — by coworkers, supervisors and managers — where your imperfections are suddenly highlighted.

You are no longer as “productive”; your attendance becomes “unacceptable”; you begin to make too many “mistakes”; you are deemed less than “perfect”.  The reality is that there is no such thing as perfection — only a concept forever unrealized but put forth falsely into the arena of public consumption.

The imperfect image that we hold onto — of a deteriorating body or stress-filled mind that begins to show wear and tear over the years — that is merely the reality of who we are: Imperfect beings, frail and fraught with error and (used in the old-fashioned way) filled with sin.

For the Federal employee and Postal worker who comes to the realization that imperfection is a reality not to be ashamed of, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not merely an admission of such imperfection, but rather, a facing of a reality that we all must embrace — of the imperfect image surrounded by false notions of a perfection never to be realized.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: “It would happen, anyway…”

This can be a catch-all excuse, of course.  Fatalism is a self-contradictory philosophical perspective; one cannot by definition remain in such a belief-system without experiencing the self-immolation of one’s own convictions.  What if we prefaced each and every one of our actions with such a statement. “It would happen, anyway.”

The operative principle falls behind the “It”, of course, and the remainder of the fatalism makes sense when once we identify the opening dummy subject that is otherwise left unstated, as a pronoun that remains unattended, often purposefully.  The “It”, of course, can mean many things, including: death; failure; a disastrous outcome; complete destruction, etc.

To conclude that X would happen regardless of the causal interventions of human resolve perpetuated by the will of a conscious mind, is to attribute to the universe a determinism that is without design or goodness.  Is there such an omnipotent being that cares not, perhaps similar to Aristotle’s Unmoved Mover?  Of such a being, Aristotle of course did not conceptualize a meddling kind of god, good or bad, but rather where perfection caused others to desire reaching towards its apex of unperturbed immovability.

But why must fatalism always posit the negative?  Why must it always end in disaster, death or progressive decay, and not towards some optimism of a future yet to be determined?  Why don’t we hear anyone say, instead, “Oh, it would happen, anyway…”, but implying that the dummy subject of “It” is meant to connote greater fortunes for tomorrow, a happier life to be had, or better days ahead of health and joy?

For Federal employees and U.S. Postal workers who are stuck in the rut of a negative outlook because of a medical condition that pervades and will not go away, it is time to replace the dummy subject of “It” with a pronoun or other grammatical subject that conveys a positive outlook upon life’s travails.

Filing an effective 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, is an important first step in filling in the “unknowns” of life’s tomorrows.  And, ultimately, that is the key point, isn’t it?

To avert, subvert and otherwise replace the negative with a positive — and for a Federal employee who can no longer perform all of the essential elements of one’s position, it is the negative “It” that must be replaced with a positive and effective Federal Disability Retirement Application, lest fatalism lead to a determinism that undermines the positive tomorrows that are yet to be.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Those rare, insightful moments

Must it always reach the level of an epiphany, or may it be as a passing point of fluctuating comprehension?

Every now and then, it is like the proverbial entrance into a clearing amidst the darkness of a looming forest; of a light that shines into a chasm heretofore undiscovered; and in that flash of understanding, it is important to grasp it, to tackle the concept, to concretize and declare, lest it slip silently away like the silken tail of a snake slithering into the tall grass.  Or of a dream in the midst of a fitful sleep that reveals what the subconscious desires to tell but just so in a gentle twist, lest the naked truth in the full light of day may be too blunt for the sensibilities of an unvarnished purity wanting but for the fiction of a nightmare too horrifying to encounter in real life.

Is the fool in Shakespeare any less witless than the King who divides his empire among vampires who drain the life of a vibrant ego?  Do the words of the court jester that cuts like a knife through the clouded judgment lost in the garments of wealth and power, transcend the loss of comprehension by those who would see the Emperor’s clothes despite the insight of a child who sees the nakedness of truth?  Do we attribute to animals the identical accolades despite their lack of coherent utterances, when they emit sounds of alarm, engage reflexes of caution and take flight ahead of perceivable approaches to dangers hidden beyond?

Most of life is repetitive boredom, sprinkled with the dust of angels golden and shining as they fly above us in the invisible universe of heavenly orbs, and we rarely notice them but for the slight touch of their comforting robes as the wings disturb the calm air or a mischievous poke on that parting of hairs or the baldness unseen but from a singular perspective from atop; and it is in those rare, insightful moments that life becomes worth living because we clearly, unequivocally and with unmitigated resolve understand, comprehend and care.

Then, the world and its artificial constructs rush right back in to fill the void of monotony, and we carry on with the projects of life that detract and distract, forgetting again the beauty of that which we saw for a brief slice of time.  Thus, the numerous stories of those who briefly crossed the demarcation into the netherworld of death and beyond, but were brought back to “life” by medical specialists who wanted to do “good”, when even that perspective is, at best, questionable.

For Federal employees and U.S. Postal workers who are contemplating 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, it is often the medical condition itself that compels one to have a moment of epiphany.  Perhaps that rare, insightful moment comes about when the pain becomes unbearable, or when the cognitive faculties become askew and mental clarity sees beyond into the netherworld of the future and its gloomy horizon.

Whatever the circumstances that monotony of chronic medical conditions forces, the realization that the Federal or Postal employee must by necessity prepare, formulate and file for Federal Disability Retirement benefits is one which cannot be avoided, any more than the angel who playfully shaves one side of our face in the twilight of dawn and leaves us wondering about those rare, insightful moments of life’s mysteries.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Life’s perverse fullness

As children, many are taught that life’s promise is unlimited in potentiality, full in its discourse of uncharted waters, and expansive in its promise for tomorrow.  Somewhere, in middle-to-late years, we begin to have a somewhat more “balanced” view: not of fullness merely painted with hope and promise, but with graffiti unasked for, undesired and unwanted: the perverse side of fullness.

Life can indeed contain and present a “full plate” (as metaphors go), but the question then becomes: What is on that plate?  When a potluck dinner is coordinated, there is an interesting phenomenon that occurs, where judgments are fairly quickly made by the systematic depletion of certain foods, and the untouched portions carefully avoided.  Anonymity is crucial to the success of the endeavor itself, but defensiveness is easily assuaged by the general rules of etiquette when asked and confronted: “Oh, I plan on getting seconds” or, “My plate is too small to get everything the first round!”

Excepting social pressures and avoiding hurt feelings, we all tend to gravitate towards that which we desire; yet, we also put on our plates the food items that “balance” the diet – with knowledge and admonitions that certain foods are “healthy” for us, while avoiding those that we have specific allergic reactions to, or otherwise leave us with uncomfortable residual gastronomic pains.

Every now and again, of course, we take on too much – or, as the saying goes and the wisdom that we impart to our children, “My eyes are too big for my stomach”.  It is then that we surreptitiously look for the hidden garbage bin, and infelicitously dump the “leftovers” beneath the mountain of other paper plates, and quickly scurry away from the scene of the crime committed.  Yet, why we fret over an infraction of taking on too much, is often a mystery; is it because waste balanced by greedy overreach combines to reveal a character flaw?  Or is it much simpler than that – that we are often too hard on ourselves?  Taking on “too much” is not a crime; it is simply an anomaly in the general dictum of life’s perverse fullness.

For Federal employees and U.S. Postal Service workers who are at a critical juncture where filing for Federal Disability Retirement benefits – whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – becomes a necessity, it is often the case that one’s “life-plate” has become overburdened: work, career, personal obligations, medical conditions, effects of surgery, etc. – the balance can no loner be maintained.  Something has to “give”, and whatever that “something” is, it usually ends up further impacting one’s health.

Filing for OPM Disability Retirement benefits should not be forever stuck on the “pause” button; the longer it stays in a rut, the greater opportunity for deterioration and detriment to one’s health.  We often wait until it is almost “too late”; but just remember that, where life’s perverse fullness includes one’s deteriorating health, it is never a good thing to leave that which is most important, untouched – one’s health.  And, as Federal Disability Retirement is a means to allowing for one’s health to improve so that, perhaps, one day, a second career, vocation, or further productivity can be achieved, so preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the portion of the potluck meal that requires first attention.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Recurrent Nightmare

Perhaps it is explicit, of images which repetitively beat the drum of constancy; or, sometimes, despite every effort, one cannot recall the harrowing particulars of a nighttime of eternity filled with dissipation of fear and loathing.

Restorative sleep is lacking; whether from pain, nightmares or paralyzing panic attacks; and the medical designation of insomnia, Obstructive Sleep Apnea, or psychiatric conditions of Generalized Anxiety Disorder, intrusive nightmares; or perhaps it is much more direct and simple:  pain which prevents getting into a comfortable position in order to drift off into the dreamland of serenity, and where the sharpness compels one to awaken with a scream, only to find that it is the silence of one’s aloneness which permeates the quietude of the voice which no one hears.

The next morning, the profound fatigue and exhaustion, beyond the mere ache of tiredness, with residual cognitive dysfunctions,follows one throughout the day, like a scent of undefinable and unidentifiable aura, always there but never quite connected, either in location, distance or substantive content.  For Federal employees and U.S. Postal workers who experience a semblance of such a state of being, it becomes like a recurrent nightmare, and work becomes impacted in so many different ways.

In physical-intensive jobs, in the greater potentiality for mistakes and accidents; in cognitive-focused positions, in analytical miscues and inability to focus and concentrate.  Perhaps it all becomes reflected in one’s performance review, or one becomes placed on a “Performance Improvement Plan” (a PIP); or even be handed an Agency’s Proposed Removal; whatever the cost, for the Federal or Postal worker, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, Federal Disability Retirement is not the “be all” and “end all” of solutions; but it is an option which should always be considered when once the recurrent nightmare engulfs the Federal or Postal worker with consequences of adverse actions imposed upon a fragile state of being ready to crack under the weight of a chronic disease or medical condition of such seriousness and sufficiency as to have impacted one’s capacity to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from the U.S. Office of Personnel Management: Continuity of Care

Most things in life require a continuity of care.  Yes, projects will often have an inception date, and termination point where, once completed, no further maintenance of effort is required.  But other concerns require further and elaborative engagements beyond the linear horizon of attendance, including:  teeth, dogs, children, marriages, and Federal Disability Retirement benefits.

When a Federal employee or U.S. Postal worker obtains that vaunted and desirable letter of Approval from the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the tendency is to think that one may then fade into the proverbial sunset, ever to receive a Federal Disability Retirement annuity and focus upon one’s health, medical conditions and the medical care required.

But then there comes additional contacts from OPM — perhaps not for a few years; perhaps not for a decade.  But the potentiality of the contact is there, and one must lay down the framework of preparatory care in order to respond appropriately.  If not, what will happen is this:  A fairly innocuous request for employment information can result in a termination of the disability annuity, based upon a “finding” that you have been deemed medically recovered.

That “Final Notice” from the Office of Personnel Management does, fortunately, allow for Reconsideration rights, as well as further rights of appeal to the U.S. Merit Systems Protection Board.  Additionally, there is a proper methodology for responding to OPM, to enhance and greatly ensure the continuation of one’s Federal OPM Disability Retirement benefits.

Wrong steps can lead to negative results; unresponsive panic without proper legal argumentation can have the unwanted consequences of an unnecessary loss of one’s Federal Disability Retirement annuity.  The best approach is always to respond with the legal armaments and arsenal one is provided with, and to maintain a continuity of care for preserving one’s Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire