Tag Archives: disability list opm medical conditions

Federal Disability Retirement: The “Get-Through” Day

Everyone recognizes that Mondays are such a day — of a “get-through” day: Of survival; attending to each issue or problem without freaking out completely; of knowing that the day will be relentless, but that an end will also arrive, with hopes that minimization of residuals into the next day will allow for a better tomorrow.

The world has become, in many ways, more complex, of greater difficulties, encompassing a morass of problems to be solved.  It has become more difficult for many to “make a living”.  Once, a few generations ago, a single-income household could support a fairly comfortable living.  Today, a dual-income household is a necessity, and even that is often insufficient to attain the minimal accouterments of middle-class living.

Is it because more “stuff” is required?  All of those electronic devices and mechanical necessities — are we tacking on greater expenses in an endless cycle of consumption?

And so the Monday may pass, but it is when that “get-through” day becomes an endless summation of days after days after days such that the weekend merely becomes a short respite in order to recuperate for the next round of endless “get-through” days — when that happens, it may be time to consider filing for Federal Disability Retirement benefits under FERS.

The human body — and mind — can only withstand a certain level of stress and turmoil, and when life become a mere haberdashery of endless get-through days where each get-through day cannot anymore be gotten-through, then it is time for a change.  For Federal Government employees and U.S. Postal Service workers who can no longer get through another “get-through” day, consideration should be given to Federal Disability Retirement.

Contact an OPM Disability Attorney who specializes in FERS Employee Disability Retirement Law, and consider whether or not you can continue to get through anymore “get-through” days, when each day has become an unending cycle of such days where you can no longer get through them.

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 Application Denial: OPM’s Corner of Truth

The term is often applied in economics, where market “forces” represent a quantifiable share of profits and monopolies rule — that such-and-such company has “cornered” the market.  Then, of truth, but in a negative way — that no one has a corner on truth.

In a Federal Disability Retirement case, the U.S. Office of Personnel Management expresses their “corner of truth” in a denial letter — by taking selective extrapolations from medical reports and detailing (sometimes) why certain statements “prove” that a person is not disabled in a Federal Disability Retirement case; or, by asserting that there were no “deficiencies” in one’s past performance reviews; no attendance problems; no conduct issues.

It is a matter of coming up with enough proverbial “holes” in one’s Federal Disability Retirement case, then concluding that the Federal Disability Retirement applicant has “failed” to meet the “criteria” in a Federal Disability Retirement case — and these, in their totality, constitute OPM’s corner of truth.

How to counter this, and what to do to rebut OPM’s corner of truth?  By gathering additional medical documentation; applying the case-law which provides a countervailing view; creating the necessary nexus between the facts, the law, and the medical evidence, and presenting it to OPM in a sufficiently coherent manner as to change OPM’s corner of truth into a truthful tale which tabulates the totality of one’s actual case.

Contact an OPM Medical Lawyer who specializes in Federal Disability Retirement Law and make sure that OPM’s corner of truth is not the dominant quarter; for, in the end, no one has a corner on truth — but merely one of many corners.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Retirement from the OPM: Loss of Perfection

Is the human species the only one on earth that holds within it a paradigm of perfection?

That is, of course, the argument used by Medieval Scholastics in arguing for the existence of an omniscient being — that, in order for an imperfect being to possess and have the very idea of perfection, there must by logical necessity exist an objective Being who manifests the characteristics of perfection.

This is a much-simplified version of the Scholastic Philosophers — one such example being St. Anselm’s Ontological Argument for the Existence of God, which begins with the rather confusing linguistic pretzel of: God is that than which nothing greater can be thought of….  Such linguistic complexity makes one pause and consider the conceptual conundrum of defining an X which is beyond the thought process within one’s capacity, but that is, indeed, the major premise in the syllogistic proposal.

The minor premise, of course, is the statement posited in an offhand, understated way: That “to exist” is greater than “not to exist” — and how many of us would deny such a self-evident proposal?

And the conclusion that would follow naturally is that, because existence is self-evidently better than not to exist, therefore that than which nothing greater can be thought of must by logical consequence “exist”. Beyond the simple positing of such a syllogism, however, is the problematic follow-up that has beset our society and modernity — of perfection’s damaging residue upon a society which demands nothing less than perfection.  Or, rather, in today’s universe, it is the appearance of perfection that matters, and the destructive effect of such bosh.

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 loss of the appearance of perfection will mean that the Federal Agency or the Postal Service will begin to (if it hasn’t already) punish, harass and demean; for, one of the greatest sins since Eve’s misdeed and Adam’s deficiency is of being mortal, of showing vulnerability and revealing weakness; in other words, one’s appearance of perfection has been shattered.

That is when preparing, formulating and filing for Federal Disability Retirement from the U.S. Office of Personnel Management becomes a necessity — for, the other syllogism for Federal employees and Postal workers suffering from a medical condition is thus: Imperfection is a reality of life; health conditions are an inevitability for most; Therefore, filing for Federal Disability Retirement is the next logical step.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: 2 countervailing rules

Here are 2: If you have an idea late at night, unless you write it down, you will never remember what it was in the morning.  The other half of the countervailing rule?  In the morning, it won’t seem as profound a thought as it first appeared late the previous night.  Or: Forgiveness can come easily when once you admit to your fault; and the counter to that — if it is your spouse or close relation, don’t think that you won’t be reminded of your need for forgiveness when once the first sign of trouble appears.  And another: Time will heal; yet, the countervailing reality: others rarely care to sacrifice their time in order to allow for the time needed to heal.

And for Federal and Postal employees 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 first “rule” of the 2-part countervailing rules of life is often: “Oh, I have been such a good employee all of these years, I am sure that my Agency or the Postal Facility will be understanding while I prepare a Federal Disability Retirement application — for, doesn’t all of those years of good service count towards a good-will well deserved?” And the countervailing rule to that is: “Buddy, you’re no longer going to be a part of this team, and what you did yesterday counts only until this morning, and no more. Let us give you a freshly-minted medallion that you can pin on your lapel, and boot you out the door the moment we discover that you are planning to file for Federal Disability Retirement benefits — even though you are doing only that which you have a perfectly reasonable right to”.

And thus do the countervailing rules always come in a duality of balancing coordinates; and, unfortunately, the behemoth of a Federal Agency or the U.S. Postal Service always seems to have the upper, dominant hand, which is why you may want to first consult with an attorney who specializes in dealing with such countervailing rules of life.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement Claims under FERS and CSRS: Rebirth

The term and the conceptual attachment possesses a connotation that is often repugnant to atheists and pagans – although, if reincarnation and a circular vision of regeneration of life are the belief-systems embraced, the declaration of “rebirth” or being “reborn” are not that foreign.

It can, too, have a very elementary meaning, to encompass merely a “new beginning” or a sense of transcending or climbing into a different stratosphere of thinking; sort of like “thinking outside of the box”, or of entering a “different phase” of life.  That, too, is interesting, is it not – where we never think in terms of “descending”, but always of “ascending” – as if the former is always related to death, catacombs and unmarked graveyards with cemeteries full of weeds and overgrown ivy?

Rebirth is physiologically an impossibility, and thus do we ascribe to a cognitive or spiritual transference where change is often dramatic, originating from a trauma of experiences that must be left behind.  But the experience itself – of a rebirth – can come about in a mundane, systematic, thoughtful and often enlightened means by nothing more than mere cadence of monotony – retirement; having children; getting married; becoming old; moving to a different country or even across a state line; these, too, can constitute a rebirth.

Or, how about adopting a dog from a rescue kennel and giving it a “rebirth” of sorts – doesn’t it reverberate back to the rescuer as well?  What we find when we do that is this:  We believe we are doing the “favor” for the abused animal, when in fact it is often the very reverse, where the animal brings out from within us a capacity for caring, empathy and love that we would otherwise have never known, and that, too, is a form of rebirth.

Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset – can that, too, be a form of rebirth?  It all depends upon the attitude of approaching such a “next step” – Is it to escape, or to refocus?  Is it an indicator of a reshuffling of priorities?  Will it allow for an easing of debilitating pain and allow for a journey to attain a plateau of rehabilitation, such that a second career or further vocation will be possible?

Surely, rebirth is a wide enough concept to encapsulate a pathway through the bureaucratic morass of getting a Federal Disability Retirement application approved, and why not?

After spending years trying to hide the medical condition and the symptoms that naturally go along with it, moving on to the next phase of life can be nothing more than a rebirth, of sorts.

Sincerely,

Robert R. McGill
Federal Disability Attorney

  

Federal Employee Disability Retirement: Giving lip service

What does it mean to merely give “lip service”?  Ultimately, it is the hypocrisy of committing to words the sincerity of inaction.  In other words, it is merely the utterance of words, with nothing to follow.  This is a society that speaks much, and does little.  We give lip service to the braggadocio of being a productive society, yet, concurrently admit to the massive loss of the manufacturing sector of our country.

Can a country whose primary essence is built upon a “service industry”, actually declare itself to be “productive”?  Can we truly instill fear and dread upon our enemies while simultaneously confessing that no ground troops will be deployed?  Can unmanned drones win wars?  Can we actually claim to have hundreds of “friends” if we have never met them, never been irritated by the subtleties of undesirable traits and personalities, yet have spats by mere tapping of the fingertips on a keyboard?

It is little wonder that we are a society of mere utterances, less action, and where words pile upon more words to voluminously detail the insincerity of the greater cumulative mountain of meaningless words.  Lip service is to promise the world and leave the scraps of society with mere leftovers.

Admiral Yamamoto was only half-right when he feared that, by successfully launching the sneak-attack upon Pearl Harbor which brought the United States into the Second World War, he had inadvertently awoken a sleeping giant; for, generations later, who remembers the words of the victors in the history of fallen empires, but the faint snoring of the giant gone back to sleep?

It is lip service we give, today, and the same we receive in return.  In a universe where language is both the essence of life, as well as the primary barrier to living it, the duality of clashing worlds where virtual reality dominates the phenomenology of currency, it is little wonder that we can, as a species, survive even a day.

What other animal turns to the technology of texting in the midst of an endangered life?  Of embracing an impotent shield of linguistic panorama when threat to safety prevails and calls upon the urgency of action?  Do other predators – and we are one, despite our denials by protecting endangered species who mirror our own violent history – scream when attacked, or do they growl with aggressive energy to compel our enemies to take heed?

Beware of the lip service, especially by those who would do us harm.

For Federal and Postal employees who begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the inclination is to be “fair” and to inform one’s Federal Agency or the U.S. Postal Service of one’s “intentions” concerning the process; but such information prematurely disseminated may come back to haunt, and one must always be wary and cautious of inane platitudes from coworkers, supervisors and managers who are empowered to harm.

For, the passing comment made, and returned with the innocuousness rising to the level of inaction in the lip service of those who pretend to be friendly, may come back to haunt with an administrative sanction which does some actual harm in this world of virtual reality in a language-filled emptiness.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Ruins

We take extraordinary steps just to visit them; of the Parthenon, the Athenian Acropolis; of the Great Wall of China; of unspeaking relics where life once bustled, and still does but in a different way; of mere onlookers to a civilization once vibrant, but now twice removed — first, in the incremental abandonment of a society no longer relevant, and second, by the implicit concession that tourism establishes the death of the substantive content of any collection of structures.  Or of Aleppo, where modern-day devastation intersects with the ruins of old, and where actual suffering echoes throughout the ancient cascades where antiquity overwhelms the current screams of flesh and blood.

Why visit ruins when they are mere shadows of a former civilization unable to speak of its gradual decay and deterioration?  For, it is not the crumbling structures of haunting architectural tenacity which represents the truth behind the concealment of that which we visit to observe; it is the hidden narrative of human suffering which fails to utter the words in silence.  And what of lives untold?

What “ruins” have we failed to visit, right in one’s home, in one’s neighborhood, or just across the street?  Why be a world traveler, when the devastation imposed upon those who depended upon the promises given and assurances uttered mean nothing but some slices of memories of a yore-time of laughter and gaiety?  Is that what life is all about — of a good time here, a shared cackle of laughter in drunken states of unspoken ruination?

In the end, it matters not of crumbling structures and photographs taken of cavernous hollows in distant places where footwears matter; we trample great lengths to ooh and ahhh, and snap shots to send back to the origin of our trail of selfish devastation; but it is the ruins of human lives which touch upon the essence of a human soul, and not the marble and concrete which we gather to observe.  Flesh and blood rarely bespeak of decay and crumbling, but for the wrinkles of time which gather around the furrows of brows and corners of unsmiling lips.

For Federal employees and U.S. Postal workers who feel the devastation of a medical condition, such that the medical condition cuts short the career of intended purposes and teleological foundations of a future untold; the consequence of other actions, the worker sitting beside, or the supervisor behind the private door of an office uninviting, can exponentially increase the devastation already felt by the disabling condition itself.

The tendency is to become a tourist of sorts, by standing about like so many detached onlookers — when, in fact, the solution is to become a part of the society itself.  Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, takes you out of the realm of mere tourism and into the arena of actual living.

Visiting the ruins of another culture is one thing; allowing for the ruination of one’s own career, future and livelihood is quite another.  To be ruined; to visit a ruin; to allow for ruination; all such forms of linguistic allowances become stalwarts of reality unless you take the necessary steps to advance forward.  Preparing an effective Federal Disability Retirement application to be filed with OPM is the first step towards ensuring that one will not become another ruin to be photographed, but a living, vibrant entity who has escaped the devastation of an ahistorical context.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Retirement Attorney

 

Federal Employee Disability Retirement: Riddance of the debasing alloy

It is always that minor impurity which devalues the whole; “but for” the element identified as an invasive component, the rest would constitute the purity of perfections.  It is how we point fingers and bemoan the state of our own affairs; and how we make of a peripheral inconsequence the centrality of our problems.

The evil that we identify as the foundational source of a problem is merely the canard for justification, and in the end, we don’t want it to go away, but to remain as fodder to fester as the legitimate basis of an illegitimate claim.  But when it is a pervasive impurity, attached to the very essence of the composite aggregate, how do you get rid of it in the first place?  Precision by surgical selection is an impossibility; to excise it is to kill the whole, as it touches upon a vital organ which cannot be separated from the rest and residue.

In the universe of metallurgy, it is the composite attachment, interaction and interchange between various alloys which form the basis of the science itself; each possesses a characteristic unique for its particular element, yet often share traits of similarities which allows for the technician to ply the trade of forming aggregations of multiple differences into a singularity comprised by many.

In the parallel universe of people, societies, civilizations and empires, that reflection of strength through unity of diversity is merely where artifice reflects the reality of nature.  But when destructive criticism by pointing fingers at a misidentified source of impurity becomes the basis of a movement to change, then the crumbling nature of the whole begins to infect the fragile nature of each individual component, especially where independence from the other is no longer possible or practical.  In the end, riddance of the debasing alloy may not be possible, and it is often too little too late to even bother attempting a surgical separation without doing harm to the whole.

For Federal employees and U.S. Postal workers who suffer from a medical condition, however, the impurity of the singular alloy can be identified as the job itself.  It is “the job”, the position, the craft which once formed the basis of a productive “career”, but is now the impurity which harms and debases.  No longer something to look forward to, but reduced to another of the stresses of life, a surgical excision becomes necessary, 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, becomes a necessity in and of itself, in order for the rest, residue and remainder to survive.

The choice to separate the “impurity” should not be a difficult one; and while riddance of the truly debasing alloy — the medical condition itself — may not be possible for the Federal or Postal employee suffering from a chronic medical condition, at least the “other” impurities of identified stresses may be circumspectly curtailed and separated, by the mere act of preparing, formulating and filing an effective Federal Disability Retirement application through OPM.

Sincerely,

Robert R. McGill, Esquire