FERS Medical Disability Retirement: Icelandic Horses

It is a delightful little book; weaving mythology, magic and majesty of a time now gone.  Just over 100 pages, set in a time when nature was never divorced from man’s place within it, the title says it all: All the Horses of Iceland.

How the horses came to that land; the unlikely hero who traveled afar to foreign lands and found himself amongst mysterious languages; the dangers encountered; of territories plundered and wars fought; and of the beauty of that unique animal — the horse.

Magicians still possessed the power to heal; the world had not yet been overrun or dominated by the technological leviathan of fated despair; and the universe yet contained the mysteries of unknown spiritual forces, where a man could cross over from the world of harsh realities to the dreamworld of the invisible — like the white horse who was visible only to Eyvind, and to no one else.

Every now and again, one comes across that special little book which grabs you and where you cannot put it down until you have devoured the last and final sentence; and then you realize that it is past midnight, tomorrow is another work day, but you feel no sense of tiredness; only delight, and satisfaction at having had the honor to visit a world of pure fantasy and ecstatic storytelling.

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 question is: What does this little book about horses in Iceland have to do with Federal Disability Retirement?

Well — nothing.  But at least, if you were to contact a FERS Attorney who specializes in Federal Disability Retirement Law, hired him, endured the retirement process, then obtained an approval from the U.S. Office of Personnel Management, then at least you might have the time to read that delightful little book entitled, All the Horses of Iceland, by Sarah Tolmie.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Off on a Tangent

It can be done inadvertently, without malice, and often unintentionally — and so long as one remains within the insular world of language, no harm occurs in most instances, in most circumstances.

Of course, to literally go off on a tangent — if you are walking in the wilderness without a compass; out in the deep sea in a small skiff; wandering about in a neighborhood known for drive-by shootings — can be quite another thing.

But for the most part, when we say that “So-and-so often goes off on a tangent” or “Sally has a tendency to go off on tangents”, we merely mean that the focus of the conversation, the content of the primary narrative, the point of the lecture being given, etc., the central idea, theme or point of someone’s statement, discussion “talk”, etc. is being waylaid by some divergent, often irrelevant side-show.

It is like a movie badly edited — you know, those scenes which often are “extras” which were taken out because of time-constraints or creative doubt as to their relevance to the story.  Or, sometimes people go off on tangents for a reason — deliberately and with intent — as when you want to divert the focus of the narrative away from the main point, precisely because the main point is not a very strong one to begin with.

In a Federal Disability Retirement case, this can happen on both sides — from OPM’s side, going off on a tangent can mean that they do not want to focus upon the medical reports and records, but instead want to deny you based upon tangential issues of performance ratings, conducts issues, accommodation offers, etc., as opposed to focusing upon the main point of a Federal Disability Retirement application: Your medical conditions.  Or, from the perspective of the applicant — the Federal or Postal employee filing for Federal Disability Retirement benefits — of irrelevant background, or on issues which may actually weaken and harm a case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and make sure that you remain focused on the centrality of the multi-faceted issues presented in a Federal Disability Retirement case, and not on irrelevant issues by going off on a tangent.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively on Federal Disability Retirement Law

 

OPM Disability Retirement: Point-by-Point Refutation

Must every point made by the U.S. Office of Personnel Management be refuted point-by-point”?

Some points, of course, are rather irrelevant and harmless; others, perhaps disingenuous, at best, and poorly argued, at worst.  Still others are blatantly untrue (i.e., an euphemism for “a lie”), while the remaining are often taken out of context or singularly and deliberately isolated without considering the context of the actual meaning of the statement made.  Not every point needs a refutation.

Furthermore, what is the basis of the refutation? Is it merely your word, your opinion, etc., as opposed to the reviewing “medical specialist” at OPM — or, do you have refuting facts backed by the law in rebutting the untrue or “out-of-context” statement or allegation?

The point is, not every point needs to be refuted, but in making such an important determination, it is a good idea to consult with an experienced attorney who specializes in Federal Disability Retirement Law, lest the pointless point made by OPM becomes a greater point of contention that needs to be pointed out now in order to become beside the point later on in point of fact.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

 

Postal & Federal Disability Retirement: The Problem of Resignation

“Resignation” in a non-technical sense is the belief or feeling of withdrawal, whether from a position, a job, society in general, or of any chosen lifestyle.  One can have a feeling of resignation; or, there can be a formal resignation given — as in a cabinet minister who offers a letter of resignation to the prime minister or the president.  Or, in literature, it can apply to a person, as in: “He had a look of resignation, with a gaunt face and a sense that he no longer belonged in this world.”

It is often characterized by a state of desperation, where all avenues have been closed off, the alternatives have been exhausted, and there are no choices left but to resign.

Often, Federal employees and U.S. Postal workers “feel” that way, and then resign out of this sense of desperation.  A self-contained universe based purely upon one’s own thinking can result in a myopic, distorted view of one’s circumstances and situation, and it is often a good idea to seek outside counsel before making a rash decision.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that this condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, isolation is often what leads to desperation, then to resignation.  There are unique obstacles which present themselves in a Federal Disability Retirement case resulting from a premature resignation from Federal employment.

The problem of resignation is not limited to a feeling of desperation; it has practical consequences in the field of Federal Disability Retirement Law, and therefore you should consult with an attorney who specializes in FERS Disability Retirement Law before desperation results in greater obstacles beyond the resignation itself.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: The Wishes We Wish

People wish all the time.  Whether implicitly through fantasy or daydreaming, or explicitly by prefacing the thought with, “I wish that…” — the wishes we wish are often more revealing than the act of wishing itself.

Are humans the only species which projects upon things not possessed?  Do other species wish for things, circumstances, events and relationships that are not?  Does it border upon insanity to wish for things that are clearly outside of the realm of probabilities, or is it a healthy engagement of one’s time to daydream, wish, imagine and hope for?

Is there a distinction with a difference between a wish and a hope, a fantasy and a wandering daydream, or between a concocted reality and the miserable circumstances within which one exists?  If the difference is between containing one’s wishes within the privacy of one’s mind — on the one hand — and “acting as if” the wish itself is reality, on the other, then the boundary between sanity and its opposite is thin indeed.

Here’s something that tells us much about ourselves: Do we wish for things for ourselves, or for others?  Do we wish for extravagances — like a yacht, a vacation or a revitalization of a lost relationship — or something more mundane, like good health?

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 job, the wishes we wish may be common, understandable and mundane — of getting one’s health back.  And while Federal Disability Retirement may not result in better health, it allows for a Federal or Postal employee to extricate one’s self from a workplace situation that only increases the stresses upon one’s health because of the constant worry about being unable to perform the work assigned, and to instead focus upon one’s health and well-being.

In the end, the wishes we wish need to conform to the reality we find ourselves in, and for Federal employees and U.S. Postal workers who need to file for Federal Employee Disability Retirement, you should contact a Federal Disability Lawyer who specializes in FERS Disability Retirement Law and allow for some wishes to turn into a reality.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Consider the Alternatives

In making any decision, it is always important that one consider the alternatives available.  It is the decision made in isolation — of contending with thoughts, fears and misinformation within a vacuum of not knowing — that often results in disastrous decisions made without consulting and considering the alternatives available.

For Federal employees and U.S. Postal workers who suffer from a medical condition where that 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 choices are often stark and clear: Stay at a job or career which is no longer sustainable, and where the Agency will increasingly harass and punitively initiate actions in an effort to remove you; resign and walk away with nothing; or, in the best alternative available, file for Federal Disability Retirement benefits under FERS.

Sometimes, of course, the “unexpected” alternative can occur: For example, a person who has filed for FERS Disability Retirement benefits is offered a reassignment that is both acceptable and accommodating to one’s medical condition, and continuation in the Federal Workforce is thus possible.  In most instances, however, filing for Federal Disability Retirement benefits is “The” alternative, and the only viable one available, but even such an alternative must be considered carefully in light of the existing laws, the potentiality for problems to be encountered, and the resistance met by the U.S. Office of Personnel Management for the multiple and varied reasons that OPM bases its denials upon.

Considering the alternatives is not just a matter of whether and when to file, but to be cognizant of the difficulties ahead in preparing, formulating and filing an effective Federal Disability Retirement application with OPM; and in order to do that, you should consult with an attorney who specializes in Federal Disability Retirement Law under FERS, through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal & Postal Workers: Lost Paradise

We all have a notion of it; for some, it may just be a memory of a day at the beach; for others, somewhere in the recesses of a childhood memory; and for others still, the reality of a time before an illness, the rise of a medical condition or even of that moment when a doctor declared a diagnosis.

Paradise itself is a relative term; it engenders images of perfection and pleasure; of endless joy and a state of eternal mirth; or even of a negation of sorts.  For, if a person lives in constant agony, doesn’t it stand to reason that the negation of that agony would represent a paradise of sorts, and the loss of that state of happiness occurred because of the existence of whatever created that state of agony?

One who burns in hell would consider a momentary cessation of the agony of eternal torture to be a slice of paradise, and the lost paradise no more than regretting the sins committed.  We rarely consider the greater good as that which we take for granted, and that is why when we are confronted with the hypothetical proposition of “3 wishes to be granted by a genie”, we jump to material goods or conditions of physical pleasure, unlimited wealth or a time of perpetual joy.

Rarely do we include the wish for good health when we already enjoy it, precisely because the paradise one lives in, until lost, is assumed as eternally granted.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the lost paradise of good health no longer allows for continuation in one’s Federal or Postal career, it may be time to consult with a FERS Attorney who specializes exclusively in Federal Disability Retirement Law in order to prepare, formulate and file an effective Federal Disability Retirement application.

Don’t let the lost paradise of former days extinguish a future of hope and betterment; for, the mythological state of a paradise lost need not be a perpetual state of dread and dismay.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Poet’s Choice

What is it about poets that so many die young?  There are various studies “out there” (just Google it!) which reveal that the suicide rate amongst poets is significantly higher than in other professions.  The emotional tragedian — of the person who views the world through a lens of subjective creativity yearning for romanticism in a reality of harsh ugliness — is a person who cannot fathom the contrasting loss of beauty.

Is there, within the profession of a poet, those who engage the traditional iambic pentameter as opposed to some formless, free-flowing approach (i.e., E.E. Cummings?) where the statistical significance varies?  Or is it indiscriminately indifferent across the board?  Is it because constant rumination within a subjective universe of human thought leads to greater mental instability, or is it something more fundamental and elementary— like the frustration of trying to find the “perfect word” to rhyme?

Do poets search for rhyming words like the rest of us do?  You know — where, for example, take the word “fought” and then in our minds we go down the list of the alphabet — bought, caught, (skip D, overlook E because it is a vowel; “fought” we ignore because we just used it; got, hot, skip I, etc.) — or does the word naturally flow for the poet?  In the end, is it rumination which leads to a state of being distraught, or the realization that the art of poetry cannot be reconciled with the chaos of this universe?

For Federal employees and U.S. Postal workers who have realized that a medical condition will not go away, and where the poet’s choice of words to describe the frustration in dealing with one’s job, career and inability in reconciling the medical condition with continuation in the Federal or Postal career cannot be grasped, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Most of us realize that poetry exists not amongst people, but within the ethereal universe of hopes and dreams, and when a medical condition jolts us into the realization that beauty resides not in a job or a career, but in the human relationships we form over a lifetime, then we also come to understand that health is more important than a Federal job or Postal career.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law and focus upon the beauty of health, and not the poet’s choice of despair.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: OWCP & OPM

The distinction between the Office of Workers’ Compensation Program (OWCP) and Federal and Postal Disability Retirement benefits under either FERS or CSRS from the Office of Personnel Management (OPM) is one which must be clearly made so that a Federal or Postal worker does not confuse the two; for, in confusing the two, there are numerous instances in which the Federal or Postal worker believes that he/she is receiving one or both — as the Statute of Limitations has already run out or is about to run out.  OWCP is a separate, distinct, and independent benefit from OPM Disability Retirement benefits.  

It is administered by the Department of Labor, and is designed to provide for temporary compensatory benefits based upon an on-the-job injury (as opposed to the issue being “neutral” and irrelevant in a Federal Disability Retirement application under FERS or CSRS), or an occupational illness or disease, and is meant to allow for a period of time in which the injured Federal or Postal Worker can recuperate or become rehabilitated, then return back to work.  There is no designated time-frame as to how long a medical condition must last (whereas for OPM Disability Retirement benefits, a medical condition must last for a minimum of 12 months).

The distinctions are important to keep in mind for many reasons, if merely to understand that a person who has filed for OWCP benefits has NOT concurrently satisfied the filing requirements for OPM disability retirement benefits.  One must affirmatively file for,and prove by a preponderance of the evidence, that one is eligible and entitled to OPM disability retirement benefits under FERS or CSRS.  Complacency in the receipt of OWCP payments may shockingly come to an end one day; it is a good idea to prepare, formulate, and file for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement Benefits for US Government Employees: Entrenchment

Once a Federal Disability Retirement application has been formulated, prepared, streamlined and filed though one’s Agency (or, if separated from one’s agency for more than 31 days, then directly with the Office of Personnel Management), then there begins to exist a sense of “trench warfare” — of waiting, and waiting.  

In response, there is always the frustration of waiting; however, the better course of action is to actively embrace the entrenchment, and to engage in productive actions — of either working as much as possible at the job from which one has filed for Federal Disability Retirement; or to find another, part-time work which can supplement the lack of income during the process.

Entrenchment can be a frustrating time, precisely because it makes one feel as if no progress is being made.  Yet, as waiting is part of the process of filing for, and becoming approved for, Federal Disability Retirement benefits under FERS or CSRS, the art of trench warfare, and the acceptance of entrenchment, in awaiting the decision from the Office of Personnel Management, is the most productive course of action.

Sincerely,

Robert R. McGill, Esquire