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OPM Disability Retirement Law: The Retrospective

There is a proportional increase as one experiences a greater linear accumulation; some would call it a heavier luggage to carry; others, of a more cynical nature, would term it as mere “baggage”.

The retrospective is engagement of looking back — of recounting memories or dealing with nightmares.  Human beings live in a state of constant turmoil based upon the past, the present and the future.  To be stuck in the past prevents the needed attendance to daily living; to disregard the past and merely live for “the moment”, is to repeat history’s mistakes and foibles; and to only live by greater angst for the future steals from experiencing the joy of today.

The retrospective is always a part of each of us; as we grow older, we tend to relate to things which have impacted us from the past; and so, to that extent, the retrospective is a necessary and natural, material part of our lives.  The key, however, is to resist the temptation of allowing the retrospective to dominate our lives as we grow older.

There is a natural inclination — a deliciousness, if you will — in letting the retrospective rule; for, whether of a trauma or of joyful memories, the retrospective as something which has already passed, is passive by definition and can no longer actively harm us.  Furthermore, it is important to have an objective, true view of the past, and not allow our imagination to warp or otherwise overstate the experiences of the past.

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 current job, it is important to provide a concise retrospective of one’s medical condition, but more importantly, to delineate the current impact.

As always, a balance must be achieved — of how the past is relevant; how the present is impacted; and in a Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management — how the medical condition will last a minimum of 12 months.

Thus, as with most concerns of life, the retrospective must be put in its proper perspective and context — of how far back; of how much; of what relevance; and it is in this balance of life that the retrospective can be invaluable in its present significance.

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 Employees Retirement System (FERS) Disability Retirement: Self-Help

It is a concept which is rooted in American individualism — of the ability and capacity to bring one’s self out from the problems created, whether the problems themselves stem from one’s self or by the actions of third parties, etc.

Self-Help books are published daily, and by popular demand and consumption.  Everyone loves the story of redemption, the prodigal son or the road to Damascus — take your pick, for each contains elements which can be abstracted beyond the inherent religiosity of their essence; although, as fewer people are familiar with the traditional texts of mainstream religions, the analogy hinted at may become of lesser relevance.

Nevertheless, the self-help methodology of storytelling all have a familiar pattern: Beginning with failure, struggling with life, coming up with a winning solution, and the outcome of a conclusion predictably positive: You, too, can follow the way of success.

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, self-help can take the form of filing an effective Federal Disability Retirement application under FERS.  The problem is that the U.S. Office of Personnel Management, as the “Gatekeeper” of all Federal Disability Retirement applications, is not there to help you help yourself.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and request the help that you may need in your effort to self-help out of the untenable situation of having a medical condition which no longer allows you to continue in your career.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Retirement Legal Representation: Advice

Advice is always a sensitive issue; when we sincerely seek it, it can be of extraordinary value; but when it comes out way without solicitation, the burden of doing something we wish to ignore or cast aside can lead to resentment and a fissure erupting in an otherwise close relationship.

It is often given freely but received reluctantly; and when it is good for us, we take it like the cod-liver oil we swallowed as children — acting as if it had a negative impact upon us, but privately cherishing the fact that someone cared enough to take the time to dispense it.  It is a difficult moment to come to a recognition that a need has arisen, or that a change has necessitated or prompted a different course of action.

We live with the unrealistic paradigm of individualism and self-reliance, and yet our bodies cannot last forever, our minds unable to resist the daily stresses and threads of pressure upon a withering psyche.

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, contact a FERS Disability Lawyer for advice.  It might not be the answer you are seeking, but it is always important to know what questions need to be asked.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement under FERS: Errors Compounded

We all make mistakes; that is a given, and one of life’s irrefutable truisms.  Aside from the Pope and the untouchables in the movie industry, errors are committed daily, and spouses are there to make sure that we recognize the ill-conceived nature of perfection’s boast, no matter how much we try and cover them up.

An error is forgivable; a repeated error, sometimes laughed at; but errors compounded which could have been avoided are often the ones that retain the lasting vestiges of damage unable to be undone.  Every now and again, you come across a misprint in a newspaper; that is almost to be expected, because newspapers have a deadline, and even with the aid of technological editing in conjunction with the human eye, the rush to print will almost always prefer the tortoise’s path of guarantee.

When one comes across an error in a book — a misplaced word, a misspelled adjective or a skewed layout; well, that is an exception, given the fact that there are less constraints to rush to print, and multiple eyes should have caught the mistake.  If the book becomes a classic, it may well be more valuable with the misprint or error; if it is further enhanced with the author’s autograph, it becomes priceless.

For the rest of us, we simply try and trudge through the self-evident fact of life, that we all commit errors; what we try and do is to prevent errors from compounding.

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, the key is to try and not makes errors in preparing, formulating and filing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management.  Yet, how can you do that if you don’t know the entirety of the administrative process called “Federal Disability Retirement”?

Errors compounded, in the end, often comes about because of lack of knowledge, and to gain that knowledge, it is often a good idea to consult with an “expert” who specializes in the subject-area that one pursues.  For preparing, formulating and filing an effective Federal Disability Retirement application, you may want to first consult with an attorney who specializes in Federal Disability Retirement Law, if only to avoid those errors compounded.

Sincerely,

Robert R. McGill, Esquire

Filing for OPM Disability Retirement: The image we cling to

Whether of a “bad boy”, a “choir boy” and some other like, “He is such a quite, obedient and unassuming young lad,” or even, “She is a real go-getter” — whatever the image created, whether by our own manufacturing or by the reputation pasted upon by others, the image we cling to can remain with us such that it haunts and trails like the residue of those ghosts of Christmas past.

Are reputations and images one and the same?

They certainly cross over from border and fence to similar lines of demarcation, such that the jumble of what others say, think and believe about you are an admixture of one’s self-image, the reflection of how we think about ourselves and what we believe others believe about ourselves.  Changing the image we cling to is often difficult; believing in the change, nigh impossible and rarely achieved.

Whether from the incremental and sometimes insidious perpetuation from the subconscious destructiveness haunting one from a childhood past, or of reinforced negativity from bad parenting or abusive relatives, an image is a residue of a tapestry complicated by those unknown circuitry making up what is generically identified as one’s inner “conscious” life.

It is, as some philosophers would put it, the “ghost in the machine” — of that something “other” that eerily floats about above and beyond the collection of cells, genetic matter and neurotransmitters.  It is “who we are”, or more aptly, “who we think we are”.

For Federal and 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, the image we cling to is often the one that prevents us from doing that which is best for ourselves.

We think of ourselves as hard-working, conscientious, never-a-slacker, and conflate that self-image with performance ratings, step-increases, promotions and awards, and it is that compendium of reputation-to-self-image that marks our downfall when a medical condition hits the brick wall of reality.

What are our priorities?  Do we cling to the images manufacture, at all costs — even to our own detriment?

Preparing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, is a silent admission that the image we cling to may not be the reality one hoped for; but to live in an alternative reality when one’s health is at stake, is to ignore the obvious, and to fall prey to the destructive tendencies of an uncaring world.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management is not to destroy the image of ourselves that we cling to; rather, it is merely a recognition that we, too, are human and imperfect, and it is the shedding of perfection that is often the greatest problem we face.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Living Anguish

Two or more meanings can be gleaned, often depending upon the emphasis one places upon the sequence of words uttered.  One is the experience of the state itself; the other, the active phenomena in the presence of now.  In either form, the clear implication embraces the state of anguish, whether in a living state, or by living it.

Is the state of existence in modernity itself a constant and unavoidable situation involving anguish?  Is the craziness of the lives we live — of the inevitable rush of each day; the interference of work into personal lives, and the incessant drum of technology without a moment’s pause of temporary cessation — the cause of such anguish, or is the anguish felt merely a reflection of who we are?  Is it any different from the days just following the Last Great War when men and women bemoaned the state of absurdity while drinking coffee at sidewalk cafes in Paris?

Living anguish — again, whether in the form of “aliveness” or meaning merely that it is a state of being we find ourselves in — is a simple fact of modernity’s choice of existence.  For, except for those who can afford to live a life of luxury attended to by servants, cooks, butlers and chauffeurs, do the rest of us choose the living anguish, or do circumstances impose the state of being without any say-so in the life chosen?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where 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 — of course the living anguish is exponentially quantified, and often the only remaining alternative is to prepare, formulate and file an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Part of the living anguish of life itself is in the very limitations of our choices presented, and when a medical condition begins to impact one’s livelihood and the capacity to continue with one’s career, the fact that there is a choice — of filling for Federal Disability Retirement — somewhat alleviates the “livingness” of the anguish we experience, and allows for an alternative to the anguish felt in living with an increasingly debilitating medical condition.

But that choice of getting beyond living anguish must begin with the first steps in preparing a Federal Disability Retirement application, and that starts with a consultation with an attorney who can begin to guide the Federal or Postal employee away from the living anguish by preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Owning a landline

It is perhaps the single telling factor of a generational divide; if you own a landline, it is likely you are not a millennial.  Or from the generation just before, or even the one before that.  You are probably from the generation sometime within the timeframe of “just after” the Korean War and around the end of the Vietnam War.  It is the remembrance of unreliable “bag” phones and cellular connections that barely became audible; but more than that, it is the evidence of who one is based upon the generational divide that naturally occurs between sets of population growths.

Can there be similarity of morals, ethics and behavioral patterns merely because one is born into a designated generation, as opposed to other such assignations of identifiable features?  Is it really true that one generation has a characteristic trait that is identifiable, recognizable and with imprints that define it with clarity of traits?  Are there “lazy” generations, “psychotic” ones and those that are mere sheep in a fold of followers?  Does owning a landline betray such a characteristic, anymore than being a hard worker, a person who always attends to one’s responsibilities and never turns away from obligations ensconced in the conscience of one’s being?

Yet, at some point, we all become adults, make decisions separate and apart from a “generational identifier”, and go on to become responsible for the pathways taken, the decisions undertaken and the consequences wrought.  Can it be so difficult to abandon a landline, to cancel it, to unplug it?  Or is it the imprint of a generation, so steeped in regularity and reliance that the youthful days of one’s generation cannot ever be completely severed and forgotten?

Owning a landline is like the Federal or Postal employee who comes from a generation where filing for Federal Disability Retirement benefits is almost unthinkable.  It is that characteristic trait that you have to continue working, striving, contributing and making it into work “no matter what”.

Yet, the silliness of such a thought process is about the same as paying for a landline despite the fact that you no longer use it, never rings and sits in a corner silently except for the occasional caller who happened to ring up the wrong number and got a hold of another occasional individual who, upon picking up the receiver, realizes that it feels somewhat strange not to be using one’s cellphone as opposed to this “thing” that you have to put back into the cradle of a time long forgotten.

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, the point always is not to allow for some silly notion of a generational identifier to keep the Federal or Postal employee from doing that which must be done for the sake of a higher calling: One’s Health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Lawyer: Life’s Series of Decisions

As activity is the fingerprint of life, and inertia denotes death (or at least a somnolence of sluggishness), so the parallelism between thought and life follows the logic of movement versus progressive decomposition.  Thinking, according to Aristotelian tradition, constitutes the essence of human-ness.  Other species may have characteristics which define and distinguish; for the human animal, it is the process of thinking, or thought-engagement, which differentiates and identifies by uniqueness of quality.  Part of that cognitive process involves decision-making.

For all species, this cannot be the essence of being, because such a principle applies to every genus, lest we conclude that determinism is ingrained in one’s DNA.  Predators must decide when and upon what the advantage of a chase will result; frogs must affirmatively choose when to snap that elongated tongue in the split second of time to satisfy its appetite; and men and women must resolve issues short of confrontations engaged in a prior state of nature, to confirm that civilization is indeed a progression of culture and sophistication, and not based upon brute force.

The underlying principles, then, which distinguishes human decision-making from other species, must be some other component; perhaps that of the formulation of a paradigmatic criteria upon which an option is considered.

In the process of thoughtful decision-making, what criteria do we apply?  For Federal employees and U.S. Postal workers who are considering filing for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the criteria-based paradigm of choice-making may be limited:  You can remain within the inertia of present circumstances; you can walk away in order to “save” your health, while also partly engaging in the first option (i.e., change into the inertia of a different set of circumstances); or, you can file for Federal OPM Disability Retirement benefits.

If the third alternative is the one opted for, then a series of additional questions and answers must be posed and resolved:  How many years of Federal Service; how long will the process take; what are the chances of success; will my doctor support me in this endeavor; and multiple other queries.  For some of these, further research and investigation will provide the answers; for others, seeking legal counsel, expert advice and general wisdom of experience will be helpful.

In the end, inertia should be disengaged, as lifelessness should never define the essence of a living being; and the thoughtless void which modern society and technological dominance tends to cower us all into, should be pushed back and resisted, like the days of yore of Masada and other uprisings which manifest the destiny of humanity, that life on any planet, Mars or Earth, is indeed a rarity even among a plenitude of apparent activity.

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