Tag Archives: denied medical retirement benefits letter

FERS Medical Retirement: The Proper Perspective

You can gather all of the available facts, and yet still make the wrong decision because you fail to have the proper perspective.  To have the right perspective, you must assess and evaluate the facts as presented and arrive at the best judgment based upon a proper perspective.  The “proper perspective”, moreover, is often based upon a lifetime of habits formed in how one engages the facts amassed.

Do you allow for emotional prejudices to cloud your judgment, or have you cultivated a habit of dispassionate review?  Are you able to set aside the overwhelming sense of panic which can lead to a reactionary course of response, or can you set the issue aside and come back to it with a reserved approach of greater objectivity?

In most cases encompassing a variety of facts, a requirement of interpretive analysis must occur, and that process of arriving at the best course of action in determining the comparative and superlative degrees of a judgment does not necessarily mean that there is a singular “best” course, for reasonable people may differ on that.

And, of course, that is the proverbial “rub” of the issue — that the proper perspective arrived at the time may not lead to the best action to be taken, but merely that, given a set of facts analyzed at a given time and place, it is the “proper” one for the moment.  Other facts and circumstances may come into play if left to ponder, but because an imminent decision must be made, it is often enough to rely upon one’s best judgment in moving forward.

For Federal employees and U.S. Postal workers who suffer from a chronic illness or injury such that an application for Federal Disability Retirement benefits under the FERS system must be considered, arriving at the proper perspective will often be clouded by the medical condition itself.  As such, it is important to have the assistance of a lawyer who specializes in Federal Disability Retirement Law in order to provide the proper perspective in fighting against OPM for your rights.

The perspective of the U.S. Office of Personnel Management is always that no Federal or Postal employee qualifies for Federal Disability Retirement, and will often deny a case by making it appear that you had no chance for success, to begin with.  However, that approach is not the right or proper perspective, and the way to counter OPM and arrive at the proper perspective is to apply the law.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and respond with the proper perspective.

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 Attorney Blog: Life With Abandon

Some would say that it is the only way to live life; others, that caution and thoughtfulness before proceeding is the wiser course of action.  Are the choices merely a reflection of age, as opposed to a life lived resulting from upbringing or personality?  Does youth and inexperience reflect the yearning to live life with abandon, whereas old age brings about the cautionary tale of the brother to the prodigal son who stayed behind and attended to his duties?

Upon watching a young child play with abandon, an old man remarked to the concerned mother, “Life will teach the young lad soon enough, and the cynic will foster from the experience of abandon”.

But do we all learn from experience?  Why do we idolize the successful person who “goes for broke”, and quickly forget the ones who do that but “fail” in life?  Do most of us relate to the football team that tries to preserve its 3-point lead in the fourth quarter, but loses in the last 30 seconds of the game because of cautionary trepidation? Do we all think we are that quarterback who plays with abandon, or the one who tries to preserve the lead?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or career in the Federal government, “life with abandon” is sometimes merely the next step in one’s career and life by preparing a Federal or Postal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, may be the Fourth quarter pass which wins the game.  It is all in the way and manner you see things.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and consider whether filing an effective Federal Disability Retirement application may not be the admixture of both — a cautionary life with abandon, done the right way.

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.

 

Medical Retirement under FERS & CSRS: The old man

There is a recognition — born of the enlightenment period in American History referred to merely as “The Sixties” — when a cultural adage was created, which went something like: “Age is not the sequence of years, but of a state of mind”.  Yes, those “Sixties” will one day be looked upon by historians and cultural commentators as that likened to “The Renaissance”, or “The Dark Ages”, or perhaps some other hiccup of historical divisions that bifurcates the “before” and “after” of enlightenment, tumultuous alterations and societal-tectonic shifts of some significance.

The Old Man (without the appendage of “and the Sea”, a reference obviously to the classic novel by Hemingway, who somewhat embodied the end of a Pre-Sixties era where machismo, big-game hunting and the “strong, silent type” was replaced with “sensitivity”, environmental protection and therapeutic sharing) is still regarded by an archetype of sticking to old ways, becoming intractable and clinging to conservatism in thought and actions.

Perhaps that is natural — as one degenerates upon a progressive scale of a downward turn, as on a scale of molecular deterioration leading to eventual decay and death — in that vicissitudes of major proportions can only be tolerated well by the young.  Yet, there is a truth to that old “Sixties adage”, that one’s attitude towards life in general, responsiveness to stimuli and new experiences, is always important in countering the staid phenomena of old age and becoming old.

Medical conditions, of course, can change everything — all at once.  If of physical ailments, one can feel like a young person in a cocoon of ancient origins or, if beset with psychiatric conditions, the disorienting phenomena of psychological trauma can leave one aged while locked into a young body.

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, it often feels like “the old man (or woman)” has arrived before his or her time.  We tend to focus too much upon historical shifts of tectonic proportions, when what really matters is the individual and the compelling narrative of singular lives.

Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management may not have any great cultural impact upon history’s retrospective purview, but for the individual Federal or Postal employee who can no longer perform one or more of the essential elements of one’s Federal or Postal job, it is as important to prepare and formulate an effective OPM Disability Retirement packet as if one is entering a great tectonic shift.

A Federal Disability Retirement application is a significant event in the life of every Federal and Postal employee, and consultation with an attorney is a near “must” in order to get it prepared properly and efficiently.  As for “The Old Man (or Woman)” that one is afraid of being tagged as because it is time to file for Federal Disability Retirement benefits through OPM — leave that up to the cultural and historical commentators; it is individual lives that matter, and not the footnotes which are forgotten within the morass of vague historical references.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The pendulum swing

Time used to “march on”, and the pendulum swing was a metaphor which everyone understood.  No more.  The digital age of technological superiority has made such inane profundities left stacked upon the history of obsolescence.  But for cherished grandfather clocks in hallways of mansions forgotten, or in the mysteries of worn novels where the tick-tock represented the anticipation of the sudden death scream; the slow, mechanical device which moves to and fro, left to right, right to left, and into the eternal progression of marked time, is but an irritant for the noise it makes.

Have we outlasted the utility of mechanical complexity?  Does the software program in which we see nothing but an algorithm of undecipherable content ever transcend the fascination we glean from springs, weights and mechanisms of human innovation?

The time piece too heavy to carry about, yet never replaced the pocket watch transferred with generational delight, and reflected the craftsman’s care in perfecting the soul of a person’s worth.  Somehow, the digital face of a blinking light flashing when the electrical surge fails to protect, is not the same as the quiet peace of an undisturbed house when the pendulum ceases to swing because the owner forgot to adjust the weights.  And history now forgets, too, doesn’t it?

Are we at the far side of the extreme, never to swing back, because there is no pendulum to remind us?  Can the death of the clockmaker mean the end of reason and compromise, because there is no metaphor to realize, anymore?  We tend to believe that such metaphors follow upon a literary device of recognizing something more than the mere fodder of mechanical devices; but what if the opposite were true – that the cadence of history required the invention of the pendulum itself, and the stoppage of such back-and-forth, to-and-fro means that only the extremes of disproportionate swings will remain frozen as the epicenter of man’s egregious faults?

We assume much; and when we presume to follow history’s dialectical progression without considering the actions within our own willpower, Nietzsche’s eternal return to the bosom of our follies will surely unravel and reveal itself in the face of our reflected foolishness.  And so, as the proverbial pendulum has stopped, stuck in the timeless middle of muddled quietude, so the failure to make any progress in our own personal lives will be another lost metaphor in the eternal dustbin of forgotten concerns.

For Federal employees and U.S. Postal Workers who want to break the cycle of being stuck perennially in the quicksand of mediocrity, it may be the ripened time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  For, as time fails to move without the movement of objects surrounding, so the human frailty of non-movement and inertia is a broken mechanism deep in the recesses of the human heart.

Taking the next step – any step – in filing for Federal Employee Disability Retirement benefits with OPM, is at least a slight movement, a reverberation, of that time harkening for the pendulum to swing back to its proper place of origin.

Sincerely,

Robert R. McGill, Esquire