Tag Archives: did your fers disability get denied? what to do next

Federal Disability Retirement: Promises and Pointing Fingers

We make them all of the time; many, merely implied ones; others, of more explicit origins; and of the “blame game” which we all engage in, the ease of pointing fingers when promises are made and broken — well, even our cousins the chimpanzees can do that with aplomb.  Promises are easily made; and, these days, just as easily broken.  Pointing fingers is a way of deflecting one’s own shortcomings and responsibility in the matter; and whether by the index finger or the middle one, the act itself is what matters.

Do some cultures, foreign or less “civilized”, use the thumb, the forefinger (otherwise known as the “index” finger), the middle one, the ring or the pinky in assigning and ascribing blame?

The middle one, of course, is a dangerous entity, for it can play a significance far beyond merely “pointing” to something.  And of the former — of a “promise” — can one be committed to it “forever”, or does a promise lose its efficacy and vitality over time?  When two people commit to each other and begin to build a life together, is there an implied “promise” of working for the rest of one’s life, but with conditions?

What if a medical condition begins to impede one’s career?

Often, the stress of loss — any loss — results in the pointing of fingers, whether justified or not.  Needing to file for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, often brings up accusations of broken promises and pointing of fingers — that you’re just not trying hard enough; that you can’t just go out on disability retirement at such an early age, etc.

People don’t understand that chronic medical conditions creep into a person’s life through no fault of their own; and when it becomes necessary to prepare, formulate and file an effective Federal Disability Retirement application under FERS, there will be many other stresses which come into play, such as accusations of promises left unkept and pointing of fingers; but, in the end, none of that matters, for, when a condition becomes so debilitating as to prevent the Federal employee from performing one’s Federal job, the best option to take is the one promising to point a finger to one’s self — of prioritizing one’s own health.

And whether that is done with the index, the middle, the ring or the pinky finger, matters not.  Or even the thumb.

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.

 

OPM Medical Retirement: Consider What Was Lost

In modernity, there is an obsessive fetish to be positive; to ignore negativity; to maintain a smile throughout, and ultimately, to have “happiness” as a goal.

Roger Scruton, the late great English Philosopher and one of those under-appreciated giants of thoughtful intellect, wrote a book about the importance of pessimism, entitled, The Uses of Pessimism and the Danger of False Hope.  In it, he argues essentially that pessimism is a characteristic required for survival, and the abandonment of it is a dangerous artificiality which goes against the natural instincts of man.

Rousseau, similarly, cautioned against artificial accoutrements which posed a danger to man’s survival.  In accepting and adopting unnatural characteristics, consider what was lost — of a sense of community; of a humanity replaced by selfishness.

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, consider what is lost — was lost — when you pushed yourself to keeping workingHealth; joy; ability to enjoy even the least of life’s offerings.  Is it all worth it?

Consider preparing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, and consider what was lost just in the struggle to maintain what you have.

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.

 

Help with OPM Disability Retirement: Wintertime flowers

What do you tell a young child who tries to plant seeds in the fall, and when asked about the activity, responds, “I want flowers for the winter and am planting them now so that they will bloom by the time the cold comes”?

Do you: (A). Laugh and tell the child that he or she is being foolish, (B) Explain to the child that flowers don’t bloom in the wintertime, (C) Direct them to the proper plants that will produce the intended effect or (D) Let the child discover for him or herself as to whether such an effort will have any positive results?

Clearly, options A and B would not assist the child in learning and advancing one’s knowledge of the world (Answer B, while generally the case, ignores the greater effort required in explaining that some flowers do, indeed, thrive in the dead of winter or, alternatively, that this particular region is not conducive to certain plants); and choice D, while perhaps allowing for a greater lesson to be learned — may instead attain the wisdom of the harsh reality of the world through explanation and discussion.

Explanation and a proper understanding of the circumstances, context and limitations of one’s activities in light of the surrounding universe is the key to gaining wisdom and knowledge.

Given that, Choice C would obviously be the “best” option towards greater understanding.  Thus, it is not merely the vacuum within which what one is doing that matters; rather, it is the effective interaction between one’s activities with the greater world beyond that produces a balanced comprehension of one’s place in the universe, how one can be effective and even influential.

Camellias are wintertime flowers that continue to thrive despite the harshness of the environment; whatever the genetic make-up that allows it to remain in bloom while others wither or die, their hardiness in environments others hibernate from and shun is a testament to the reality that, indeed, there are such things as wintertime flowers.

That is sometimes a difficult reality and lesson to learn — for we too often categorize times of our lives in similar ways: In extremes where it is an “all or nothing” proposition.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal employee to perform one or more of the essential elements of one’s Federal job, it is important to understand that the end of a Federal or Postal career does not necessarily mean that it is an “all or nothing” proposition.

There can be life even in the wintertime of one’s career; for, Federal Disability Retirement allows for the individual to work in the private sector, the state, county or municipal job, and continue to receive the OPM Disability Retirement annuity, so long as you remain under 80% of what a person’s former Federal Salary pays, and to the extent that it is medically justifiable that there is a distinction between the former Federal job and the non-Federal job.

Like wintertime flowers, you just have to find the right circumstances in order to thrive in the season of your life.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

 

Attorney Representation for OPM Disability Claims: Limitless time

Does the concept even make sense, and is it theoretically possible to imagine such a state of existence?

Perhaps a cogent explanation could be properly delineated by some specialized expert in the field of Physics — of time, its limitations and whether destruction of all objects in the universe must first occur as a prerequisite to limitless time, or upon the non-being of objects, does time itself become extinct because it is dependent upon the movement of objects?  In a vacuum and void, does time retain any meaning at all?

For simpletons (like the author of this subject) who possess scant scientific knowledge, can “time” be anything more than the imposition of one’s calendar upon the limited period encountered each day?

Philosophy can ponder upon the concept of limitless time, and upon time itself; physics can more precisely delineate the theoretical constructs by mathematical calculations upon the limits of time; and literature can cast the idea of limitless time upon those summer days when waves roll lazily upon the sands of eternity and laughter of children running amidst the sand dunes may evoke the dreamless nights where the quiet hollow of relaxed sensations may pervade the scent of peace.

Then, of course, there is the reality of life — of calendars that demand; bosses that shout; production quotas that must be reached; and statutes of limitations which require that filings be met within a prescribed time frame.  Federal and Postal workers who have been separated from Federal Service, whether by resignation or termination, have up until one (1) year to file a Federal Disability Retirement application to the U.S. Office of Personnel Management.

Thus, for Federal and Postal employees who suffer from a medical condition during the tenure of one’s Federal or Postal career, the right to file for Federal Disability Retirement extends only during that 1-year period after separation, and as preparing, formulating and filing a Federal Disability Retirement application needs to be submitted to OPM within such a constraint of time, abandonment of the concept of limitless time is a prerequisite — at least for this particular challenge of life.

Sincerely,

Robert R.McGill, Esquire

 

OPM Disability Retirement under FERS: Life’s Work

There is, then, the job or career we undertake (the distinction between the two is often lost, and depends in large part upon a multiplicity of factors, including length of commitment, opportunity within a given field for growth and advancement; whether any qualifications, certifications or professional degrees are required, etc.); and then, the conditions and context of participating in a greater culture of our choosing, including where we live, with whom we live, what social circles we expand into; as well as how we interact with the extended community surrounding us, and whether we even decide to abide by the rules, laws and limitations imposed by society.

The former constitutes the work we engage during our lifetimes; the latter, the macro-aspect of the work generally confronted during a lifetime.  We often confuse the two.  The conundrum and internal turmoil comes about because so much of the latter often depends upon the success of the former.  Without the wealth amassed through the work of labor, we become limited in the choices we have in the work of living; thus do some choose a life of crime or cheating, as a means of shortcutting and supplementing the former for the latter.  And when the work of labor is cut short, or somehow interrupted, one realizes the impact upon the greater work of life, and must adjust accordingly.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s work or career, the choice to leave the Federal sector is a difficult one, and not just because of the financial considerations which reverberate upon the greater work of living.  Often, the choice to file 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, is paused for reflection, procrastination and further delay, because the two concentric circles of life have overlapped to such an exponential degree that one cannot easily be bifurcated from the other.

One’s work of labor involved the social circle; it intersected with the greater percentage of daily living; the meaning and teleological motivation was commingled; even some of the neighbors work in the same neighborhood, just down the street, in our town (yes, it is an unabashed reference to Thornton Wilder’s famous play), or perhaps even next door; so, how can I face a change from the work of labor, without confronting the greater vicissitude in the work of life? But then, there is that medical condition, and it is always the interrupting reality of the medical condition which must, by necessity, be focused upon.

Better to make decisions now, when one has the option to do so concerning the work of labor, lest the limitations are imposed by others, which then can have irreparable consequential reverberations upon the greater work of living.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Seasonal Rhythms

We are completely disconnected from the imposition of nature’s imperatives; through artificial means, we extend the light of day in the name of productivity, and prevent and shut it out for the sake of lengthier restorative sleep; we defy slumber and seasons of cocoon-like hibernation with unnatural heat, and resist the middle of the day where scorching temperatures and required siestas in other countries are ignored and scoffed at.

The rhythmic beat of breathing and hearts, like the seasons of change or vicissitudes of weather, are mere obstacles to be overcome; and whether successful or not, we forge onward in any event, ignoring the cost of defiance and neglecting the reality that once, we were sons and daughters of a primordial world, part and parcel of the natural order, but like the two figurines who left and traveled east of eden, the past we abandoned behind became a burden quickly forgotten for the price of ransoming the ransacking of the world we rejected.  But the rhythm still remains, despite our best efforts to control and command.

For the Federal employee and the U.S. Postal worker who begins to suffer from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal position, the disruption from the artificially-created confines of the work environment is likened to the rejection and resulting turmoil from the natural rhythm of life.

In abandoning and becoming disconnected, we have created a different rhythm of living; and when that manufactured one is interrupted, where does one return to?  Medical conditions are often considered as mere irritants to our goals and teleological make-up; when, in fact, they are precursors and warnings foreboding nature’s tap on one’s shoulder.

Filing for Federal Disability Retirement benefits may appear to be another artificial means of escaping, sort of like leaving the proverbial frying pan into the fire; but once we left behind the mythological state of nature, and into the social contract of a burdensome bureaucracy, the necessity in engaging the administrative process itself becomes our inevitable fate.

Federal Disability Retirement, for the Federal and Postal worker, whether under FERS, CSRS or CSRS Offset, is a benefit accessible precisely for those whose rhythmic entourage has been interrupted by the self-immolation of a disease or injury; and as rhythms go, the beat of the drummer which leads one away from the discordant band which plays upon the deterioration of one’s body, should provide the pathway towards preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, in order to head west back to the garden of eden one left behind, once upon a time.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Extrapolated Life

Originating from mathematics, the concept of extrapolation works well within numerical or statistical restrictions, because the inherent precision constrained by present trends versus application to unknown quantities, poses a self-correcting device not otherwise discovered with linguistic flexibility.

But what of a person’s life?  Most descriptions possess mere “slice of life” indicators.  An employment application; information gathered on a background check; security clearances obtained; personal financial statements; a family discussion about an incident which involved a relative; these are all moments in time, partial reflections upon a wider context of a complex life.  But that is how we are viewed, and how we view others; for, it is simply an impossibility to convey, or to hold with accurate assessment, the entirety of a person’s life, leaving aside the lives of everyone and anyone we encounter.

And so we are left with designating labels of convenience; that is John who works in IT; Mary, the office manager, and oh, by the way, she has two kids, one of whom had the flu last week; and so it goes.  Are such categorical delegations adequate?  For specific purposes, and in defined ways, they are useful in their own methodological curtailments.

For Federal employees and U.S. Postal workers who are intending to 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 serves well to understand the relevance of contextual extrapolation.  For, people have a tendency to want to tell the fullness of one’s life story.

Where to begin?  How to introduce one’s self.  What to include, and what to exclude.

Such is the contrast between David Copperfield and Holden Caulfield; the lengthy version of a biography, or the brevity of a pointed narrative.  Most want to divulge the former; the listener normally desires the latter.  To divulge too much is to indulge in needless chatter; discretion is, indeed, often the greater part of valor.

Thus, in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, in the writing of one’s narrative, one should try and apply the precision-methodology of extrapolation in mathematics, but with a linguistic application sufficient to relate the relevant facts.

In the end, Caulfield’s concerns were probably overstated, and Copperfield’s remembrances of past childhood hurts could have been somewhat abbreviated; and a compromise between the two in all likelihood would have produced the best of narratives, at least for purposes of an OPM Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire