Tag Archives: department of defense federal disability retirement

FERS Disability Retirement from OPM: The Fish Story

Over the years, Uncle Ben’s famous catch of the marlin in a skiff off the coast of Maine became suspiciously similar to Hemingway’s famous novel, The Old Man and the Sea.

There were some details which remained somewhat believable — like, the fact that he actually caught something.  But of others, the exaggerated embellishments — of some “unknown sea monster, likely a Great White Shark or a Killer Whale” which gobbled up most of the catch by the time he arrived on shore, the skiff barely seaworthy by that time; of how the townspeople had to “fight off” the sea monster and hit it with various implements; and of the photograph taken — but somehow lost — of the skeletal remains of the large fish caught and lost.

Alcohol on nights gathered seemed to exponentially embellish the story of Uncle Ben and the Sea, when as twilight tended to quiet the lips of nodding heads, it would begin with, “Did I ever tell you about the Big One that almost got away?”  Everyone, of course, had heard the story 10x over and more, but it was more told by tradition than a query for interest or information.

It was like the Hasidic challenge as told by Chaim Potok in The Chosen — where a new and inaccurate twist would be inserted in the narrative, and someone would say, “But Uncle Ben, you never told us about that, before!”  There would be a pause, and everyone would laugh uproariously, knowing that the Fish Story had added to it anther saga that was to ever develop as the years ensued.

That was, in the end, the beauty of The Fish Story — for, the house of words was built upon a memory, with no evidence needed to back it up.  In most other aspects of life, however, that is not the case.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits under the FERS retirement system, facts and evidence matter.  The preparation of an effective application for Federal or Postal Disability Retirement, to be submitted to the U.S. Office of Personnel Management, cannot be like the Fish Story — even if it is well-told like Hemingway’s Old Man and the Sea.  Instead, it must be meticulously prepared and detail-oriented.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether or not you want to rely upon an experienced Federal Disability Retirement Lawyer, or on Uncle Ben’s rendition of The Fish Story.

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 with Disabilities: Making the Decision

There are always multiple factors which must be considered — of a career invested; financial viability; of a self-image still lingering of a more vibrant self from a mere few years ago; of not being able to let go of the daily routine despite the added stresses, the suspicious looks from coworkers, the fear of your agency’s initiation of further restrictions and potentially adverse actions, including a Performance Improvement Plan (a “PIP”), or leave restrictions, proposed removal, etc.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition impacts your ability and capacity to perform your job duties, making the decision to file for Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management is a difficult decision which must take into consideration multiple factors. Of all of the factors to consider, however, the first one which should be understood is whether or not you may or may not be eligible for Federal Disability Retirement benefits.

Contact and consult with an attorney who specializes in Federal Disability Retirement benefits and call a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Spam

If you remember eating it as a kid, it “dates” you — for, who in this day and age eats something that is singularly unhealthy, contains high levels of fats, calories and sodium, as well as unnamed preservatives?  On the other hand, the younger generation doesn’t blink an eye, and instead sees the word as a forgotten acronym for “junk email”, or otherwise known as “unsolicited commercial email”.

Are the two related?  Can there be a coincidence between a word which has two meanings or more, but contains some similarities and parallels?

Spam as a commercial yummy — oh, but of those memories when the can is first opened, of using that metal “key” where you insert the “thingie” and roll back the metal strip; and upon opening the can, the thick fat that surrounds in globs of hibernating hews of highlights hidden amidst the green shadows of delectable delights.  Spam as unsolicited commercial email — oh, but how that folder fills up so quickly, and yet do we nevertheless obsessively check each one “just in case” it was mistakenly misidentified and sent to the wrong folder?

For Federal employees and U.S. Postal workers who cross over generational lines — of whether you remember the word as the delectable blob of pork making its popularity entrance sometime after WWII, or of the “new” generation who makes the connection to unsolicited commercial emails — if a medical condition begins to prevent you from performing one or more of the essential elements of your job, you may want to consider filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Spam is a reality of life; medical conditions, too, occur and become an unavoidable reality; and whether of either reality that uninvitedly intrudes upon your life, it the next step beyond that a person takes which is the important moment of actionable directions.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: Who we are

The “I”, of course, always dominates; but the two cannot be separated, for they are inevitably interlinked and intertwined in the consciousness of our collective selves.  And so the “we” is subsumed by the “I”, and the “I” cannot effectively be distinguished from the “we”.  Who we are is inextricably aggregated with who I am; who I am is a product of who we are.

That is why the loner is distrusted in society; the maverick who does things his or her own way is a threat — unless that loner accomplishes something in life so irrefutably magnificent that we cannot but embrace him or her as the paradigm of a virtue we wished we had first thought of.  Whether by burning jealousy or with disdainful pride, we then go on and watch to see if that loner will not self-destruct, then relish the thought that, all along, we were right in predicting that the outlander was the scum of the earth, anyway.

Who we are — we want always to be able to distinguish ourselves from the pack, separate one’s self from the fold and glow in the spotlight away from the herd; and so we lose ourselves in the soliloquy of our inner worlds where the universe of the self-conscious “I” can imagine of heights and pinnacles that others will never see.  That is why virtual reality is so infectious; why the perfection reflected in Instagram photos and Facebook postings is so insidious; for, though we give lip-service to the proverbial “village” or wanting to belong to a certain cohesive society, we reservedly display all of the characteristics of desiring out.

It is, in the end, the “forced out” that is most intolerable, and 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 is when harassment by the herd, antagonism originating from one’s Agency or the Postal unit, and workplace hostility initiated by one’s coworkers and supervisors — it is then that the necessity arises to bifurcate and differentiate by preparing, formulating and filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

For, it is no longer a matter of “who we are” — because you are no longer one of the “team” because of your medical condition.  Instead, it is who “I” am — to look after your own best interests, by preparing, formulating and filing an effective Federal Disability Retirement application, and consulting with an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: This upside down world

How many whistleblowers would do it all over again?  How many regrets does it take to screw in a lightbulb?  The answer: Few as to the first question, and at least a dozen in response to the second.  For, as to the second query, while one person engages in the mechanical act of lighting up the room, it takes all of the others to fail to assuage the regrets of a person who has tried to do the rights thing, and has lived to suffer the consequences.

We grow up being taught all sorts of empty adages — how “truth reveals all”, or that “justice prevails in the end”; and though the old hero of simplicity has now been replaced by more “complex” characters of mixed good/bad/neutral, still the naïveté of childhood upbringings tend to haunt beyond the loss of innocence delayed.

This is an upside down world where the clear-cut demarcations that once were inviolable have now become obscured, and where leaders can argue with a straight face any and all positions, whether self-contradictory, hypocritical or just plain nonsense, and can get away with it without any regrets or loss of sleep.  Perhaps it has always been like that and we just didn’t realize it.  The wealthy have always been able to get away with more; the powerful, without much consequences; and when the combination of wealth and power become aggregated, there is little to impose any checks and balances that might have tempered the onslaught of injustice.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the fact that we live in an upside down world becomes exponentially the case because of the medical condition itself.

Progressive deterioration and chronic debilitation are often the rule of a medical condition, and just to survive another day without pain, without emotional or mental anguish — these are the hallmarks of needing to file 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 world is about as topsy-turvy as it can get; but when the private world of one’s health begins to deteriorate, that upside down world becomes a tumultuous maze of a conundrum wrapped within an insanity that cannot be escaped from, and that is when you know that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity in a universe that requires some wisdom, and turning to the advice of an attorney who specializes in Federal Disability Retirement is often the first step in providing a balanced perspective within this upside down world.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Remorseless solitude

How often is there a cry to be “left alone”?  By how many people, in what quantifiable slice of life and order of living despite obligations and responsibilities that may be abandoned, do we embrace those periods of remorseless solitude?

We are commanded to be “social animals”, by way of anthropologists who devise intricate paradigms of cultural historicity and ancestral heritage from mere fossils of partial bone fragments; via condemnation by psychologists who warn of the danger of those who are “loners” and become lost in the deviation of secluded thoughts and fantasies of vengeful imaginations; and by Mom and Dad who worry that the teenager who locks the door and surfs the enticements of the Internet undermines the very fabric of societal cohesion, and allows for deviancy to determine the dice of droll durations.

And so the guilt resides with a negation; for, when we do not interact, socialize and remain in the company of others, we are considered as rogues, antisocial occultists who harbor resentments like hermits who climb into caverns of caustic catacombs to care only of remorseless solitude.

Yet, in this din of modernity, where the endless cacophony of drumbeats, raised voices and electronic media bombardment ceaselessly invading, interrupting and interceding, where has the delicacy of inviolable solitude gone to?  At what point does self-reflection, thought, the play writer’s  “aside” and the soliloquy that contemplates the role of one’s self in the expansive universe become a self-possessing journey of mere selfish egoism?

Instead, we allow that being constantly “connected” with one another – through social media, Texting, Facebook, Instagram, Skyping and all of the other multitudinous methodologies of electronic communication and “connectivity” have become normalized, such that that which used to be a productive use of the proverbial “down time”  – enjoying the remorseless solitude by writing, or reading, or just reflecting —  is now considered strange and dangerous, while its opposite – of becoming obsessed with the persistent din of socialized life – is considered the normative ordinariness of daily living.

Remorseless solitude is the delicious walk in the woods alone; of meditating upon the quietude of a morning’s red dawn; and of communing with nature, whether in one’s backyard or in the outbacks of nature’s delight.

For Federal employees and U.S. Postal workers who are forced and compelled into a status of remorseless solitude – not by choice, but by reason of a medical condition which targets the Federal or Postal employee into being “that person” who is considered the outcast, almost as if diagnosed with leprosy or some other horrible communicable disease – the isolation and separation by being identified with a person with a disability will have its negative effects.

Preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will not make things at the Federal agency or the Postal facility any better, until an approval is received from the U.S. Office of Personnel Management.  Then, once the Federal or Postal employee becomes a Federal Disability Retiree, perhaps you can enjoy that period of remorseless solitude that previously had been involuntarily imposed upon you by casting you as that deviant occultist no longer part of the mythical “team”.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: Ascribing wrong motives

Is it wrong to ascribe wrong motives?  And, unless there emerges practical consequences, does it matter?  If a non-family member forms a relationship of friendship with an older person, do we fairly ascribe an underlying intent of malicious deliberation?  We may think thus:  He is hoping to gain something – gifts in return; an inheritance, perhaps; or, maybe even a more blatant act of stealing or forcibly engaging in a criminal enterprise.  On the other hand, there could be a purity of motives – of responding to loneliness and a desire for company; but who in this world ever believes that, anymore?

In a universe of depravity and disseminated cynicism of purpose, we know better, yet cling to that time eons ago of innocence and purity, when not everyone darkened his inner soul of decadence.  What was that age-old adage that once applied, when mothers and grandmothers admonished us to invite strangers into the home, lest one day a disguised angel appeared amongst our sinful souls?  Of scenes during the Great Depression when the hungry would knock humbly on backdoors and stand with hat in hand, eyes cast downward, and children in tattered clothing looked up with forlorn eyes in bulging anticipation for a morsel of forgiveness and food?

Yes, we give to that homeless man or woman in a moment of panic, when the urge of empathy is not so much overwhelming, but more fearful that we want to avoid the image that, “But for the grace of God, I may become like that person”, and quickly hand over some loose change or fumble for our wallets and pocketbooks to swiftly dispense with our duty to our fellow mankind – and if a stranger looking askance smiles sardonically and quips under his breath, “Yeah, right, as if you really cared” – is it any different in ascribing a wrong motive, than the mercenary who targets old ladies and innocent children with threats of harm?

This is a pivotal point in civilization’s evolution towards a pinnacle of maturation:  as the West has no mechanism in the generational transfer of wisdom, where the young learn of lesson’s past through dinner-table discussions of nightly musings; so the imputation of cynicism’s haunting residue will only exponentially overtake any purity of a soul’s essence.  We become what we fear, because fear overtakes and is more powerful than any singular love for one another.

For the Federal employee and U.S. Postal worker who is considering preparing, formulating and 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 case that the Supervisors, Managers and coworkers of the Federal agency or the Post Office at which one works, will ascribe wrong motives to the Federal or Postal worker filing for Federal Disability Retirement benefits.

That is a sad thing.  For, no one else can “feel the pain” as the person suffering from a debilitating medical condition, just as empathy and sympathy become waning characteristics in a society increasingly devoid of such human essences of Being.  In the end, one must simply ignore such lack of civility, and move on, as the saying goes; for, the old adage of proverbial significance – that a person is unable to understand unless you have walked a mile in his or her shoes – still applies today, whether or not the other person has ascribed wrong motives or not.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Government: Berkeley’s House

He was an Irishman, and if one were to “rank” philosophers, he would likely be considered a “second tier” thinker — not quite at the level of Plato, Aristotle, Descartes or Heidegger — but certainly contributed to the Western Philosophical tradition of engendering even greater questions than solving any problems or settling any queries.

A little tidbit which is not commonly known: Bishop Berkeley came to the United States and purchased a plantation at Middletown, intending upon living there, until his expectation of funding failed to be forthcoming.  That is probably what he is least known for; the Latin phrase for which he gains the greatest notoriety, is esse est percipi — to be, is to be perceived.

An absurd and uncharitable interpretation of this foundational phrase, would be to attribute to Berkeley the idea that things in the objective world exist only to the extent that we perceive them; the moment such perceptual pervasiveness disappears, then, existence becomes extinguished.

A more rational view of his postulate, however, is to attribute Berkeley to the tradition of British linguistic philosophers, and to consider the following “implied” but silent intentions:  “The definition of what it means to exist, can only have meaning if, and only if, there is a perceiver for which the object is there to be perceived, and as such, existence as a concept of any meaningful import must by necessity have a perceiver”.

Without this kinder, gentler version of interpretive connotations, all manner of ridicule and scoffing have been thrown at the good Bishop — in the form of:  “So, when I leave a room, does it vanish?  And when I return, does it suddenly reappear?”  And in the days of Star Trek:  “Beam me up, Scottie, or in philosophical circles, Bishop Berkeley”.

It is, in the end, the absurdity of linguistic interpretation which ultimately relegated Berkeley to the “second tier” of philosophical thought; and from that unintended consequences resulting from an attempt to resolve a complex issue of metaphysical discourse, we can learn and discern much:  complexity sometimes cannot be circumvented with simplicity of declarative assertion; often, there is a reason why such a conundrum of linguistic inelasticity exists.

Thus, for the Federal employee or U.S. Postal Service worker who is intending upon preparing a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the key point here is that, yes, your case may be quite complex, but the route to making it comprehensible to the administrative specialist at OPM, is not to try and simplify the core essence of the case, but to state the complex in simple language.

That is often the greatest difficulty with a Federal or Postal applicant in preparing one’s Statement of Disability on Standard Form 3112A — the narrative in response to the various questions will often meander and fail to achieve a coherency because everything from Dickens’ childhood details (which, as you may recall, Salinger scoffed at in his famous work, The Catcher in the Rye) to peripheral issues involved EEO complaints and workplace harassment concerns are thrown in for good or seemingly better measure, when in fact a simplified version based upon good habits of editing would produce a more effective statement of compelling narration.

For, in the end, postulating a Federal Disability Retirement application is not a matter of compiling a voluminous or complex treatise for persuasive discourse; it is to tell a coherent story of one’s inability to perform one or more of the essential elements of one’s positional duties with the Federal job or Postal position, and we need not defer to Berkeley’s House — whether as a historical tidbit or as the confounded thought processes extracted from his complex works — in order to prepare, formulate and file an effective Federal OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Out to Pasture

There is a natural proclivity by the previous generation to resist the transference of authority before its designated time; the conflict arises not as to the inevitability of such change, but rather as to the appropriate context, procedural mechanisms instituted, and the care and sensitivity manifested.  And that is often the crux of the matter, is it not?

The brashness and lack of diplomacy and propriety; the insensitive nature of youth in trying to take over before paying one’s proper dues; and a sense that the young are owed something, without paying the necessary price through sweat and toil.  And the older generation?  From the perspective of the young, they are often seen as intractable, unable to face the reality of the inevitability of generational transfer; the ideas once seen as new and innovative are mere fodder for laughter and scorn.

Such treatment of those on their “way out” are often given similar application for Federal employees and U.S. Postal workers who show a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Such employees are viewed as those being “put out to pasture”, and as something less than human, partial in their worth, lacking of completeness, and needing to be shoved aside to make room for the healthy and fully productive.

Resentment often reigns; the insensitivity of the approach of agencies in their bureaucratic indifference is often what prevails; and once the exit is complete, those who were once the warriors and conquerors of yesteryear, are mere vestiges of forgotten remembrances of dissipating dew.

Always remember, however, that there is another perspective than the one which is left behind.  For the Federal or Postal employee who is put out to pasture by one’s agency, there is new ground to break, fresh challenges to embrace.  The pasture that one enters need not be the same one that the former agency considers; it is the one which the Federal or Postal Disability Retirement annuitant plows for himself, and whatever the thoughts and scornful mutterings of that agency left behind, they now have no control over the future of the Federal or Postal employee who has the freedom to follow the pasture of his or her limitless dreams.

Sincerely,

Robert R. McGill, Esquire