Tag Archives: disability letter from personal doctor to opm

FERS Medical Retirements: Future Uncertainties

Human beings love certainties; but in this cold and objective, dispassionate world, such certainties can rarely be relied upon.

Hume’s causation argument undermined any attempt to establish repetition as a basis for future events, precisely because X occurring the thousandth time gives us no concrete evidence that the next time will result in any causal reliability.

Probability theory aside, as Hume argued, there is missing any “necessary connection” which would establish a predictable nexus to extrapolate future reliability based upon prior life events.  Without that necessary connection, causal certainty can never be ascertained.— or so his argument goes.

Yet, we continue to rely upon future certainties regardless of such “conceptual proofs” to the contrary, for, what other choice do we have?  We cannot wander throughout our lives  without reliance upon some semblance of causal expectation, otherwise, we would be like newborn infants every day with no sense of security or stability.

For Federal employees and U.S. Postal Service workers under FERS who suffer from an illness or injury which impacts their future certainty in their Federal or postal career, a large stumbling block is the uncertainty of being approved for a future medical retirement application.

Although there can never be a causal guarantee when it involves the U.S. Office of Personnel Management, you can increase the probability of a successful outcome if you are adequately represented by an experienced attorney.

Citing the proper and relevant case laws and formulating the most effective legal arguments will increase the probability for future success.  To that end, applying to OPM does not need to seem like reinventing the proverbial wheel every time, or like being that lost child wandering in the woods without any sense of security.

Contact a FERS Lawyer experienced in Federal Disability Law, and increase your chance for a more certain future, despite what Hume says.

Sincerely,

Robert R. McGill
Experienced lawyer exclusively representing Federal and Postal employees to secure their FERS Disability Retirement benefits from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Law: The Dreaded Next Day

If every day is becoming the dreaded next day, then the hope of living a contented life — a life of “happiness” — becomes an impossibility.

Modernity has become obsessed with “happiness” as a goal to embrace, as opposed to a byproduct of one’s manner of living.  Additionally, the term itself has been redefined to encompass only the realm of one’s immediate emotional contentment, as opposed to the Aristotelian (and Greek, in general) concept of eudaemonia — the state of living a life defined by what it means to be a human being.

In our concept of happiness, the dreaded next day guarantees that each day will be enveloped by unhappiness, precisely because the “next day” was yesterday’s dreaded next day, upon us with a vengeance, like the eternally rolling boulder which Sisyphus must gather the strength to push up the next hill.

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 position, each day is already the dreaded next day with an endless cycle of pain and despondency, precisely because your medical condition is incommensurate with the job which you hold.

It is like the life as described in Camus’ work, The Myth of Sisyphus — of pushing that boulder up a hill, only to have it roll down the hill, and then to push it up the next hill, for eternity.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider preparing, formulating and filing an effective Federal Disability Retirement, to avoid each day becoming the dreaded next day.

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 Legal Representation: Confidence games

We all know (or, by a certain age or stature of wisdom, should know) about the psychology behind the scam:  Of gaining one’s confidence by first including one into a select group of people who are “in the know”.

There are two primary senses to the word, aren’t there?  The first being a sense or feeling of self-assurance, as in, “He is very confident in his own abilities.”  The second, and somewhat connected, is the definition pertaining to a relationship of trust and reliance, where there exists or builds upon a sense of camaraderie and intimacy, as in: “He brought me into his confidence.”  In both cases, there develops a relationship of bonded certainty, whether in one’s self or in the connection between two or more individuals.

Thus, the “confidence” games encompass those activities or endeavors that build upon a relationship based upon trust, and engender the hapless victim to possess a sense of self-assurance that what he or she is giving up is of sacrificial value because the trust relied upon has been built on a foundation of friendship, relationships entrusted, and a shared affinity of intimacy exclusive of others.

Thus does the classic confidence game begin in a parking lot where a a cache of money is found and you are roped into becoming a select group within a conspiracy of two, or maybe three, and you are asked to put up a “deposit” of trust — then, when it is all over, you open the bag of money that you were left holding, only to find that it was merely a bundle of newspaper clippings.  Or, of more complex pyramid schemes, ranging from the simple to the incomprehensible, ending up sometimes like Bernie Madoff’s decades-long game of roping in even the most sophisticated of unweary investors.

But then, aren’t we all conditioned from a very early age to believe that “confidence” games are acceptable, and that we get on through life’s difficulties by acting a part?  Don’t we teach kids to “act self-confident”, be self-assured and walk with your head held high and play the “as if” game — as if you know what you are doing; as if you are the best qualified; as if you can have it all?

That is often the veneer we put on, and how thin the veil of confidence can be, only to be shattered like the delicate china that give off the clink-clink of refinement until the first fissure begins to show, then shatters upon the hardness of the world.

For Federal employees and U.S. Postal workers who suffer 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 — it may be that your self-confidence is beginning to wear off.  As the Federal Agency or the Postal Service steps up its campaign of harassment and intimidation, the Federal or Postal worker has to deal with a double-problem:  The profound fatigue from the medical condition itself (which impacts one’s sense of self-assurance) and concurrently, the loss of self-confidence as one realizes that one’s physical or cognitive capacity to continue in the chosen career is beginning to wane.

We all play the “confidence game” — that of going through life winging it and hoping that no one else notices; but at times, when the “real game” of life suddenly imposes its presence upon us, it is time to become “real”.

For the Federal employee or Postal worker who must face a real-life crisis of confidence because of a medical condition, 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, so that the focus of one’s efforts can be redirected upon the greater importance of one’s health and well-being, as opposed to being drawn into the parking lot schemes of further confidence games.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Authentication

There is a process and means by which it is accomplished — as in authenticating a painting or an antique piece of furniture, jewelry, etc.; of an autograph or handwritten letter (although, many will say that in the field of forensic sciences, handwritten analysis is far from reaching a vaunted level of precision or reliability); of a pet’s pedigree or even of a person’s right to have access to sensitive information, etc.

Authentication is thus a process of verification, of identifying X as being Not-Y in many instances, where exclusion by elimination of other possibilities results in the declaration of the genuineness of the person or thing declared to be so.

When applied to an object, it inspects and compares against other objects within a historical context, style, peculiar features of an artisan’s eccentricities, period-characteristics and signature features, etc.  When applied to an individual, it may take into account physical features as well (appearance; finger prints; voice matching; DNA sample, etc.), but could also encompass questions posed and answers given, and depending upon the comparison to known archives of historical background checks made against statements previously provided, deem that an “authentication” has been reached concerning the “true” identity of an individual, akin to declaring that a painting previously unverified is in fact a product of this or that “Master”, or that an antique furniture piece was the craftsmanship of some famous cabinetmaker during the Jeffersonian Renaissance period or from some pop-culture minimalist timeframe during the early Sixties, etc.

The process of “authentication”, of course, can be distinguished from whether or not an individual is living an “authentic life”, as well, and here, the meanings become somewhat muddled and divided.  One can be “authenticated” and be allowed access to sensitive banking information, be allowed to use a credit card, write a check, etc., and still live an inauthentic life (e.g., act like someone you are not, present yourself as a “family man” despite all the while committing multiple affairs; live a double or triple or even a quadruple life and deceive everyone around, etc.).

The process in reaching a conclusion as to whether a person is living an authentic or inauthentic life is somewhat different from “authenticating” a person.  For, to engage in the former analysis, it is normally done for the most part as a self-analysis (i.e., only the person who is living an inauthentic life can know for certain whether it is so or not), whereas the methodology imposed of “authenticating” a period-piece or an individual (the latter) is by applying a more objective standard of comparative review.

For the Federal or Postal employee who is suffering from a medical condition, where the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the dual issues of “authentication” and “authentic living” come to the fore, precisely because the Federal or Postal employee becomes forced into behaving in rather inauthentic ways.

Hiding the medical condition; trying desperately to work through the debilitating symptoms and maintaining an appearance of normalcy; and all the while trying to force a consistency between one’s capacity and the watchful eyes of the Federal Agency or the Postal Service — these are the elements that challenge the authenticity of one’s life.

Living an authentic life under normal circumstances is difficult enough; trying to authenticate one’s capacity to continue “as is” in the face of a progressively deteriorating medical condition makes it all the more challenging.  It may be that preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the only way forward in forging an authentic pathway away from an inauthentic morass that the medical condition has forced upon you.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Blinders

We all have them; whether on windows, around our eyes or upon our minds, they are meant to deliberately obscure and obfuscate.  Can others put them up without our noticing them?  It is theoretically possible, one supposes; but more often, blinders are placed with the consent of the blinded, either by the person wanting them or in conspiracy and collaboration with another.

Originally, they were for horses, attached to the bridle so that the animal would be prevented from being able to see to the side or behind.  This allowed for riding a horse, say, in a congested area in order to limit the spooking of the animal, or merely to maintain a forward-directional focus and helping the animal to cope with the dizzying activities surrounding.  Once the prominence of the horse lessened and depreciated in daily use and value, the metaphors that surrounded the obsolescence of that which was once of utilitarian dominance often became transferred to other linguistic arenas; and so we refer to “blinders” on people or circumstances.

We all walk around with blinders to some extent, of course, and Federal and Postal employees who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, often by necessity must walk around with blinders securely placed.  Blinders to the future; blinders as to the growing debilitating effects of the medical condition upon one’s ability and capacity to continue in one’s career; blinders as to what the Federal agency or the Postal Service are doing and initiating — of memorandums and paper trails beginning to put the pressure upon the Federal or Postal employee; and many other blinders besides.

In the end, the inevitability of preparing an effective Federal or Postal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, may force one to take the blinders off.  Always remember, however, the importance of those blinders that cannot be put upon another — like, once OPM sees something in a Federal Disability Retirement application and denies a case because of that certain “something” that should have been caught before submitting the Federal Disability Retirement application, you cannot afterwards put blinders on OPM.

To make sure that such an unfortunate circumstance does not occur, you may want to consult with an experienced attorney who specializes in Federal Disability Retirement law, so that you are not left with the blinders that need to be placed, as opposed to those that need to be removed.

Sincerely,

Robert R.McGill, Esquire
Federal & Postal Disability Lawyer

 

CSRS & FERS Medical Retirement: The chronic life

The chronic life is the one that burdens; and, yet, does not all of life present a challenge of burdensome trials and persistent provocations?  Or, are there elements within one’s life that makes it feel as if we are merely the donkey for others to place their weight upon, like those pack animals of yesteryears that always looked forlorn and ready to collapse?

Why do some appear “as if” they have not a care in the world, and flit about like in some ballet skipping and hopping, twirling and dancing from one scene into the next, never allowing for the concerns weighing upon like the rest of us?  Is it merely born of attitude, or having a “positive” thought process; or, are some blocked by the concerns of life such that we are always infected with the chronicity of angst and worry?

The democratic manner of a medical condition seems always to be the one factor that is the exception. Medical conditions do not discriminate; they impact everyone in the same manner.  Whether one is a carefree person, a worrier, a person who is serious, or who flits about life without a thought for consequences, the impact of a medical condition cannot be avoided.

There are those who live the chronic life – always meeting one’s obligations; always fulfilling promises; forever planning for the future; and then there are those “others” who seem to care not a twit about such matters.  And yet, whether of the chronic life or of other-hood, when a medical condition begins to impact one’s health, the treatment and response is all the same: and, all the more so, when the medical condition becomes one that is termed “chronic”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has been deemed “chronic” in the sense that it will remain with the Federal or Postal worker for a minimum of 12 months, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset.

It may well be that you have lived the chronic life, and that it is “unfair” given the seriousness of how you have lived your life.  Nevertheless, it is the chronic nature of things in general, including the medical condition that now must be attended to, that will have to be dealt with.

But the advantage is this: those who have lived the chronic life often “deal” with the chronic matters of life with greater success, and perhaps that is the reason the Federal or Postal employee who has dedicated his or her service to the Federal Agency or the Postal Service has been well-prepared for this newest fight – against the medical condition – in this chronic of all matters: the medical condition itself.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal and Postal Disability Retirement Benefits: Signs

It is the title of a song by a group called, “Five Man Electrical Band”, first released in 1970, then re-released in 1971, and the lyrics intelligently portray a world replete with warnings, admonitions, commands and curtailing threats, demanding of us a conduct of conformity otherwise ignored unless backed by such direct mandates.

Of course, there are the other, more subtle signs that we either ignore or otherwise dismiss because of the quiet manner of reproach initiated.  Those subtle signs as evidenced by facial expressions; of a look unexplainable but surely existent with consequential meaning; or premonitions of rougher surf and winds blowing, animals fleeing to the relative safe havens guided by instinctive alarm; and of the rush of adrenaline raising the tiny prickles upon out neck and backs, in dark corners of unlit areas when sounds so distant precede the visual image of oncoming danger.

Do we pick up on them, or go through life disregarding unless and until the reverberations of such deliberate ignorance shatters the calm and quietude of our joyful resolve to remain blind behind a security of negation?  Those trite statements of permeable permissibility:  “He was a nice, quiet man,” said the neighbor next door after the devastation left by the referent cause; “I never saw it coming,” hoarsely uttered by the hospitalized individual in the midst of destruction and debris-filled lands; “Who would have thought…”  And, indeed, in this universe where thinking is paramount, and observation of subtleties a requirement for survival, it is that which we ignore that can harm and injure.

There are those in life who float through and must be protected by means of oversight and constant care; some drivers on the road (or, perhaps, most of them) have no business carrying a license; it is only because others avoid and careen away that survival without a dent, a bruise or a catastrophic collision carries forth an undisturbed pathway from point A to the destination of choice.  And so we have new signs to consider:  It is now unlawful to text or otherwise use a Smartphone in hand, while others who drive with one hand stuffing a cheeseburger in one’s mouth while drinking a coke with the other, and with that invisible third hand pushing buttons on the panel to change satellite stations – somehow, that is safer because the signs tell us so, or at least implicitly inform as to the priority of current concerns.

For Federal employees and U.S. Postal workers who are surrounded by signs – both subtle and direct – that it is time to move on, ignoring them will not make the underlying, substantive problems dissipate.  Having a medical condition is the first sign, but one which may have no significant impact; but when that medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, then such an indicia of life’s intersecting whisper should, at a minimum, be elevated to a “warning”.

And when the signs flashing from the Agency’s perspective – of warnings, threats, harassing actions and administrative sanctions – begin to blare loudly as more than just a passing blur of the speed limit which we all tend to ignore, but instead becomes planted prominently for you and all to see, then it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, so that the signs indicated don’t result in those flashing lights in the review mirror forcing us to stop and be hauled before a magistrate to explain those actions of ignoring such signs which we knew, or should have known, needed to be followed.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Time Travel

H.G. Wells touched upon our imaginations in 1895 with his novel, The Time Machine, and ever since, the concept itself has been accepted within the cultural milieu of ideas incandescent.  Mathematicians find it as a challenge to decipher; astronomy, an idea to ponder; astrophysicists, a vehicle to revitalize the despair of incomprehension; but for poets and prophets, it is the fodder for creativity and imaginations to become unfettered by want of belief.

What child (or adult) does not ponder the mysteries of the universe by means of a device to enter a future yet unknown or a past replete with narrated stories of pirates, heroism and grandeur consumed, but awaiting the entrance of a character unhistorical, as Roman legions march the sands of timeless deserts where echoes of unknown characters appear to suddenly participate in the making of events yet blank upon the slate of unwritten participles.

But too few of us recognize that time travel was always being accomplished; the author merely confirmed that which was already done.  For, in our wanderings and imaginations in minds traveling afar, the daydreamer thus reached beyond the constraints of physical presence.

Whether an occurrence in objective reality, or the indistinct touch within the creativity of a limitless mind, the difference was never noticed by the child of laughter or the boy lost in wonder.  And for the adult who must daily make decisions upon a cauldron of reality and harshness of unenviable encounters?  While never as the pleasantries of a child lost in the world of make-believe, the pondering of future courses of action and the consideration of past consequences must always be deliberated by everyone who engages the world of modernity.

Thus, for Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates the Federal and Postal employee to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, consideration must be granted to the time machine and time travel by means of coordinating what past actions have occurred (e.g., the medical condition), the current milieu (i.e., the actions of the Agency or the U.S. Postal Service concerning the ongoing status of the Federal and Postal employee), and the future plans (filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset).

Thus, without knowing it, time travel was always something which the Federal and Postal employee engaged in; and never just within the province of childhood dreams left to the plodding monotony of brave acts unrecorded, or the samurai who refused to unsheathe his sword for fear of death and loss of honor, it is indeed the Federal and Postal employee who must consider filing for OPM Disability Retirement benefits and must engage time travel and press the complex levers of an unfathomable machine — that bureaucracy of depthless administrative morass one must enter, to prepare, formulate and file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Hesitant Hole

The famous one, of course, and the one which draws the imagination, is depicted in Lewis Carroll’s tale of Alice and her journey down the rabbit’s abyss; another, the one which determines the relative shortcomings of weather predictability, but that one is guided more by shadows and perceptions from above, as opposed to the one dug below; or, there is the one which we dig for ourselves, and the proverbial timelessness of our foolish deeds.

Of the first, we remember the endless stretch of our imaginations which is expanded by the creativity of the author and the world of fantasy; the second, the reality of the dread we feel for the weather, the cold and the shortened days of winter when we yearn for the coming lull of summer warmth; and of the latter, it reminds us that the consequences of our own misdeeds continue to haunt us despite trepidation and timidity.

Do holes have a character?  Are some holes dug with delight?  Like deep caverns reaching beneath sandcastles on dreamy days of childhood laughter echoing against the wind and waves of salted air; or of the deep crevices and potholes in roads of concrete and steel, when the shifting tectonic forces of nature collide with man’s attempt to construct artificial barriers against timeless changes of fortitude and fear; and the one’s we claw at.

The large ones created by bulldozers and other machines, do they not unravel the once-concealed arrogance of man?  And the careful pawing of the delicate hand in the timeless sand, where castles crumble with trepidations of joy?  But it is the grownup’s attempts at escape, of creating a hiding place where adulthood no longer allows for Alice’s wanderings into a virtual world of imagination and creative loss, and the dread of reality bearing upon the fearful universe we cannot understand, fail to navigate and refuse to negotiate.

The world is indeed a fearful place, and we wish there would always be a rabbit hole to fall into, if only to escape the harshness of our own misgivings.  But beyond that hole into which we inadvertently fall, it is the one’s we dig for ourselves — hesitantly — which create the greatest of calamities.  For, when we do it with trepidation and fear, it is the slow and incremental depth and vastness of it which escapes our immediate attention.

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 positional duties with the Federal agency or the U.S. Postal Service, it is that hesitation which continues to create the deepened caverns of choices for future security and certainty.

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, is always a difficult decision to make; indeed, filing for OPM medical retirement means that a change is forthcoming, both in career and in finances.  But because the entire administrative process of filing for Federal Disability Retirement benefits through OPM is a long and arduous road to take, it is the hesitant hole which we dig by procrastinating, delaying and obfuscating that often makes for that seemingly endless fall from grace which Alice kept wondering about; but for her, at least she knew that the hole she fell into was the creation of the rabbit she pursued, and not the hesitant hole of one’s own making into which we cannot dig ourselves out from.

Sincerely,

Robert R. McGill, Esquire