OPM Disability Retirement under FERS: The Value of Effort

Employers will often declare that merely “showing up” is half the battle; if so, showing up on time will more often than not complete the victory of that metaphorical battle.  The value of work is likely a “learned” response; in human beings, it does not appear to be an innate, natural gene which dominates.

In the animal kingdom, one often sees the male lion lazing around while the female of the species goes out and hunts for food.  The female lion — or “lioness” — appears the more athletic and quicker; somehow, that large mane and overdone hairdo seems to slow down the guys in the bunch.

But as necessity is the mother of invention, those documentaries of the wild sometimes capture the males putting in the effort when hunger pains prompt the value of such expenditure of stamina, blundering about in a sudden spurt of energy previously reflected with flies buzzing around the eyes of a sleeping giant.

Yes, there is value in effort, and for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your career of choice in the Federal Government, it is often the case that the U.S. Office of Personnel Management will attempt to subvert that effort expended in trying to obtain a Federal Disability Retirement.

The question then becomes a contest between two entities expending effort: On the one side, the vast bureaucracy of the U.S. Office of Personnel Management in trying to deny you your benefits, and on the other side — you.  The value of effort — then of greater effort — may be in retaining the services of an OPM Disability Attorney who specializes in Federal Disability Retirement Law, where the value of effort is seen in the knowledge, application and citation of the relevant legal precedents which need to be invoked in order to fulfill the value of effort.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and see whether or not the value of effort can be concretized in the proper recitation of the law.

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 Retirement Law: Beyond Self

In evolutionary theory, we are taught that “survival” is the driving impetus to changing genetic codes such that those who are successful in that endeavor increase the presence of one’s DNA within the pool of available survivors.

To that end, in modernity, in a world where brute force is no longer the basis for survival, but rather, the ability through cunning and intelligence has taken over the former “State of Nature” and replaced it with the “State of Civilized Behavior” — and so the focus is upon “Self” and of advancing the ego and the importance of the individual.  Or so the argument goes.

Throughout history, there have been many attempts to quash that “self” — of Buddhism in denying the reality of the world, thereby protecting oneself from despondency through diminishing the impact of suffering; of Communism by re-ordering the importance of “self” and making “community” or communal living the apex of human happiness; and even of Western religion in providing a paradigm for self-sacrifice in order to achieve an eternal kingdom where the self can be rewarded through self-sacrifice in this world.

In the end, however, somehow the “self” keeps popping back up, and getting beyond self never quite manages to prevail.

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, getting beyond self is an easy endeavor.  For, it is precisely the fact that the Federal or Postal employee has failed to focus upon oneself, as evidence of the basis for one’s failing health.

Self-sacrifice for one’s Federal Agency or the Postal Service is often a primary reason as to why one’s health has deteriorated, and it is high time that the Federal or Postal employee re-focus one’s priorities, and re-orient them to care for one’s self.

Contact a Federal attorney to discuss the possibility of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management (OPM), and begin to go beyond self by re-focusing upon one’s health, and the priority of the “self” in this otherwise uncaring universe.

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

 

FERS Disability Retirement for Civilian Federal Employees: Necessity by Choice

There are always options; it is just that, because some of the alternatives presented are either unfathomable or illogical, we deem them to be “not” viable choices to consider.  The necessity of filing for Federal Employee Disability Retirement under FERS is often viewed in that manner: It is a necessity — yes, by choice, but only because all other options have become untenable.

The Federal employee or U.S. Postal worker does not come to making such a decision because he or she really has any other say in the matter.  Staying at the job with the deteriorating condition is really not an option.  Simply resigning and walking away with nothing to show for all of the hard work expended is unthinkable.

There are, for the few fortunate, the choice of an early retirement, or having reached that MRA crossroad; but such choices are limited and often not economically viable.  And so the necessity by choice must be faced: Unable to continue in the job because of a medical condition, OPM Disability Retirement is the only option left.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal or Postal Disability Retirement application because the necessity has prompted the choosing of the only viable option left.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Unintended Error

Perhaps it is an unnecessary assumption; for, are any errors intended?  And, if intended, does it not undermine the very concept of being an “error”?  Do we ever deliberately make an error?  Or, is it more likely the case that — if we in fact did intend to make the error — we would merely retrospectively lie about it?

Perhaps in circumstances where much is at stake, or a person is threatened — as in gambling, where “throwing” a game will result in greater profit, or making an accounting “error” will limit financial devastation, etc.  Otherwise, in most instances, an error is presumed to be unintended.  And it is precisely because it is unintended that an error becomes exaggerated in its unintended consequences.  “We didn’t know”; “If only I had known”; “How could I have known?”; “I didn’t mean to…”, etc.

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, preparing a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management in as error-free state of formulation is obviously the preferred state of submission.

Errors can — and will — come back to haunt you, whether unintended or not.  Consult with a Federal Disability Retirement Lawyer and limit the extent and consequences of errors unintended.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

FERS Disability Medical Retirement: Summer Respite?

Isn’t that what we long for?  Those “dog days of summer”, when a slight respite is tacitly agreed to by everyone, or most everyone.  Like weekends; like informal truces presumed between enemy forces; Christmas week; New Year’s Eve; the Thanksgiving Holidays; and once upon a time Easter Week was solemnly observed where most people took a time of reflection to redirect sacred oaths and faithful commitments.

The summer respite is quite different.  Not marking any particular occasion nor recognizing a specific remembrance, it is nevertheless a time somewhere in the searing and unrelenting heat of summer that everyone suddenly slows down.  Whether by osmosis of a transcendent metabolic engineering that is inherent in all human beings, or just a faint comprehension that we all need a break, the time for a summer respite is traditionally recognized by all.

These are peculiar times, however.  With half of the nation experiencing economic concerns and the other half still battling the pandemic, there isn’t time for the yearly cycle of a summer respite.  Medical conditions are like that, too.  It robs us of that summer respite, or of any respite at all.

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 having any respite from the daily turmoil of life’s challenges, contact an OPM Federal Disability Retirement Lawyer and begin the process of preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application with the U.S. Office of Personnel Management.

While it may not get you the summer respite you were looking for, it will offer you the lifetime respite from having to have to endure the unendurable turmoil of continuing in a job which you can no longer do.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Audience

We shall see.  Sports without an audience.  There have been enough psychological studies done to establish that people — including groups of people (i.e., teams) — act and react differently in comparative analysis between behaving before crowds as opposed to without them.  The greatest performers have been those who “know” their audience.  In other words, the “crowd pleasers”, the ones who can manipulate the emotional responses of the audience, etc.

Do some play for the 6 o’clock highlights?  Does a spectacular play become so when no one is watching?  Yes, yes, there is the television audience; but the fans once removed is like the tree that falls in the forest without anyone witnessing it; the tree does indeed fall, but the silence that surrounds is what dominates.  We shall see.

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, remember who our audience is: It is not your Agency; it is not your Supervisor or your coworkers; it is a separate agency altogether — the U.S. Office of Personnel Management.

It is a paper presentation to OPM, and how it is characterized, what is presented, the extent and quality of the presentation — these all matter.  For, in the end, the “To Whom” is always crucial in every arena of play — whether in sports, in law, or even in the privacy of one’s home; it is the audience that makes the difference.

Sincerely,

Robert R. McGill, Esquire

 

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

 

Federal & Postal Employee Disability Retirement: A Sense of Worth

Wittgenstein argued that a language which is kept private — i.e., known only to one person and not shared with anyone else — is conceptually impossible.  Language by definition is a vehicle by which ideas, concepts, declarations and commands are conveyed, and to remain as an eternal soliloquy would undermine the very essence of what language is meant to be.

Similarly, does the concept of “worth” make any sense within a vacuum?  Can an individual stranded on an island have any capacity to understand such a concept — of a “sense of worth”?  As an ancillary issue, what is meant by “a sense of”, as opposed to X or Y having “worth” without the prefatory addendum of “a sense of”?  If a person were to say, “I have worth” — is it different from declaring, “I have a sense of worth?”  Or, is the attribution appropriate when a distinction is made between living entities as opposed to inanimate objects?

For example, if a person points to another person’s wrist and says, “I have a sense of worth about that watch you are wearing,” would such a statement seem odd?  Is “sense of “ attributable to a fuzziness when it comes to the object/subject of such attribution?

Ultimately, whether of worth or sense of worth, what becomes clear is that the conclusion of “worth” is derived from the interaction with others within a given community.  Neither “worth” nor “sense of worth” is a comprehensible concept in a vacuum, in isolation, or as a soliloquy.  For, in the end, both language and a sense of worth are derived not from an egoistical encounter, but by attributions from others.

For Federal and Postal employees whose sense of worth has diminished because of the silence of agencies and postal facilities as to one’s contributions to the workplace, it may be time to consider filing for Federal Disability Retirement under FERS.  Consult with an attorney who specializes in Federal Disability Retirement Law and consider regaining your sense of worth by moving beyond the Federal Agency or the Postal Service that no longer sees your sense of worth.

Sincerely,

Robert R. McGill, Esquire