FERS Disability Retirement Law: The Great Lesson

Once upon a time, people went through experiences without the need to put them to some greater advantage.

Stories abound of WWI and WWII veterans who earned medals for bravery — even the Medal of Honor — and never mentioned it to anyone, until some grandchild wandering up into Grandpa’s attic found a shiny ornament in some dusty old chest, brought it down and asked the old man, “What is this?”  Or, of the Olympic Gold Medalist who similarly went to work, got married and lived a “normal”, unassuming life without make a big todo about his or her accomplishment of being the top athlete in a chosen field.

Nowadays, everyone who experiences anything has to turn it into The Great Lesson.  It becomes an awakening; a springboard to some Eureka moment that propels the person into a higher purpose, a metaphysical transcendence to attaining a greater consciousness, and then to become a corporate motivational speaker who has some profound insight into life, its misgivings and that “Great Lesson” that was allegedly learned from some traumatic experience or other.

The reality is that, the greater lesson beyond any “great lesson” is that the experience itself — whatever it is — is not the hard part; the hard part is to go beyond that experience, and to continue to live a quiet, productive life without trying to sell to everyone how “The Great Lesson” lead you to profound, metaphysical insights which corporate motivational speakers can charge an arm and a leg to hear about.

For Federal employees and U.S. Postal workers who suffer from a disabling 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 Great Lesson of a medical condition is quite simple, and will not get you to some metaphysical consciousness beyond the simplicity of the lesson itself:  Get a Federal Disability Retirement annuity, and begin to focus upon the priority of your health.

There — that’s all there is to it.  Of course, maybe you can package it into some extended motivational speech and make up to 80% of what your former Federal job pays today, so that you can WOW them with some transcendental meditational speech and charge them that arm and a leg, but only after you have regained your health.

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 Disability Retirement Law: Places We Don’t Want to Be

Of actual places, or even of situations — of places we don’t want to be or circumstances we would rather not find ourselves in — of which we never think about.

It is interesting that the human mind gravitates toward the positive — Of places we would like to visit, books we would like to read, people we would like to meet, etc.  Is that the power of “positive thinking”, or of daydreams relishing the imagination filling the void which otherwise haunts our lives?

Sometimes, however, it is fruitful — and even necessary — to consider the potential negatives which may loom upon the horizon in order to prepare for contingencies in the event of a calamity.

The Federal or Postal worker would rather not contemplate a future in which he or she is no longer able to perform one or more of the essential elements of his or her job; or, there may come a time when your agency places you on a Performance Improvement Plan and initiates actions which leads to a removal — all, places you don’t want to be, but must consider.

Perhaps filing for Federal Disability Retirement benefits under FERS is a place you would rather not be — but again, it may be necessary to consider.

For those places you don’t want to be, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement benefits, which is actually the first step in moving towards a place where you may actually want to be — of receiving a retiree annuity for OPM Disability Retirement benefits under FERS.

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: Divide and Conquer

Perhaps it is not any one medical condition, alone which prevents the Federal or Postal employee from performing one’s Federal or Postal position; rather, the aggregation and combination of multiple conditions — of depression combined with chronic migraines; or back pain along with panic attacks and severe anxiety, etc. — prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal position.

The U.S. Office of Personnel Management — the Federal Agency which reviews and makes the decision for an approval or a denial on all Federal Disability Retirement applications — is fully aware of this, but proceeds to divide and isolate each medical condition, minimizing the impact of that specific condition without taking into account the intersecting impact of all other medical conditions, and thereby denies the Federal Disability Retirement application by ignoring the aggregation and combined impact of one’s entirety of health concerns.

This is the age-old military maneuver of divide and conquer — divide and isolate the enemy’s flanks, then attack each individual and isolated division one by one until each are conquered separately and individually.  It is a tactic used by OPM in many cases, and done successfully — until and unless there is a counterattack utilizing and applying OPM laws governing Federal Disability Retirement benefits.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law, and begin to put together the strategy to counter OPM’s “Divide and Conquer” approach to Federal Disability Retirement 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.

 

OPM Disability Retirement under FERS: The Kettle’s Whistle

Why do we invent such irritating devices?  When the jarring whistle of the kettle’s boil screeches to gain our attention, is it precisely for that reason — in order to remind us that there is water boiling, that a fire or burner is causing it, and that you cannot just leave it like allowing for the needle on a record-player to turn endlessly upon a music-less disc with soft scratches upon a rotation that is going nowhere (ah, those days when music was truly enjoyed!).

Are noises created to always reflect the reality of its source?  Does the sound of the waives match the soft lapping of the ocean’s beauty, just as the raging storm’s fury mirrors the torrent of rain and thunder?  When first a child hears the sound of a distant train, and only later sees the monstrosity that forms the engine and the caboose, does he or she reflect, “Well, that certainly didn’t turn out to be what I thought” —? Similarly, does pain match the warning of a body’s injury?  Does a voice that sounds purring parallel the gruffness of a wrestler’s weight?

If the kettle’s whistle is meant to irritate and to alarm, it is doing its job; and the kettle that fails to so whistle is one that has lost its purpose and utility, even though it still boils as well as the next one purchased in replacement of the one which lost its capacity to irritate.

Medical conditions are like that, as well — of the capacity to alarm, to trigger warnings, to possess a reason thereof.  We resist it; of the voice that says that change needs to be forthcoming.

For Federal employees and U.S. 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 his or her Federal or Postal job, it may be that the kettle’s whistle is warning of an impending need — of a change.

Getting up, taking the kettle off of the burner and stopping the whistle is akin to preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS: For, in the end, the kettle’s whistle is merely the warning we needed, prompting us to act when all around us are indicators that what once was can no longer be.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: The Whisper of Discontent

Seasons come and go; it is one of those ponderous “throw-away” lines that people utter without much thought, somewhat akin to the customary “hello, how are you” declarative that is stated without a pause as the speaker rushes quickly past without waiting for an answer.

Yes, and there are also winters of discontent — borrowed from the line in Shakespeare’s Richard III, and also, by happenstance, the title of the last novel by John Steinbeck; but more often, it is the whispers of discontent that prevail more pervasively, for “discontent” is not necessarily a lasting emotion, or even one that endures for a season; rather, it is whispered precisely because of its fluctuating characteristic.

We whisper it because we know that, like seasons and emotions, time may heal and further time will alter it; and others may whisper it because the fleeting nature of it may not stand the test of objectivity.  And when the whispers of discontent turn and become the louder shouts of adversity, we often failed to listen carefully and instead ignored the voices that forewarned of foreboding toils.

Medical conditions have a tendency to provide such preludes, as well.  One often knows well before a doctor tells us, whether and to what extent the chronicity and severity of the condition foretells; and whether and to what extent the impact upon one’s Federal or Postal career will be.

The law concerning Federal Disability Retirement requires that the medical condition must “last at least 12 months” — but that does not mean that one must endure a 12-month period of suffering before filing a Federal Disability Retirement application; rather, that the treating doctor or medical provider must provide a prognosis that the medical condition will last, at a minimum, that length of time.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the whisper of discontent comes about with the realization that the medical condition suffered is impacting upon one’s career by preventing the Federal or Postal employee from performing one or more of the essential elements of one’s job.

Although seasons do indeed come and go, and there may well be winters of discontent, the Federal or Postal employee who hears one’s Federal Agency or the Postal Service whisper utterances of discontent, may deem it advisable to begin to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, before such whispers become a winter of discontent where the avalanche of a proposed removal becomes initiated.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: The spare

It is a peculiar word when left alone, for it often is used with an accompaniment, as in “a spare tire”, “With room to spare”, or even, “Do you have any spare change?” queried the panhandler to the passerby.  It is a word which either describes a certain set of circumstances or of a person’s demeanor, characteristic or even of physical features, as in: “He had a spare bedroom”; “He was a spare, bald-headed man”; or how about: “He was spent and had no energy to spare”?

But to make it into the central character, as in the title above — “The spare” — makes it suddenly rather peculiar, for it is meant to always be the character actor, the word that “adds onto other words” and the unique little offshoot that never takes center stage.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition begins to impact the Federal or Postal employee’s ability and capacity to continue in the chosen career of one’s life, the word retains multiple relevant applications, whether standing alone or in accompaniment with other words.

For the Federal employee or Postal worker who no longer has any spare energy left at the end of the day; when one must be careful in using sparingly any accrued Sick Leave or Annual Leave; when time can no longer be spared beyond doctor’s appointments and attending to work, family obligations and the spare time no longer forthcoming; and where that spare reserve of energy is now devoid and profound fatigue has set in, it becomes time to consider preparing, formulating and filing for Federal Disability Retirement, because any spare time, effort or energy has now become a deficit to be reckoned with, where the spare of anything and everything must be focused upon that which can never be spared: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Cycles of reality & unreality

The linear model of life is the preferred perspective for the Western world; the cyclical, for the traditional Eastern sector, as well as the indigenous cultures of the Americas; whether such an outlook alters the way in which we live is debatable.  In either or for both, however, it is the passing through of various realities and “unrealities” that is often overlooked, and not whether or not there is a straight and linear road as opposed to a cycle of returns and reenactments.

Reality is the being we encounter; unreality, the life within our minds and souls, depicted by thoughts, emotions, daydreams and nightmares.  How the two interact, whether in cyclical form or in a linear continuum, often defines how well we are able to adjust in maneuvering through the difficult passages of life.

We encounter “others” in the reality of our being; but as to the “other” person’s thoughts, feelings, history of life and other subjective issues, we know nothing about them except what we are told.  We could work beside another individual in an office setting and never truly know the “unreality” of his or her life, and when we retire, the office throws a party, and we depart and suddenly realize that the cycle of reality was a limited one, and the subjective unreality of another person’s life never really touched us.

Or, one is married to another for a decade, two decades, perhaps even three, and a cycle of reality is embraced where life becomes a routine, taking each other for granted through habit of form, monotony of repetition and predictability of actions.  Yet, after some decades, the significant other does something completely “out of character” – suddenly dyes his or her hair purple, goes bungee jumping or unannounced gets his or her nose pierced without telling anyone.  When asked, the reply is: “Oh, I got bored and decided to do something different.”

That is when the cycle of unreality suddenly surfaces into the boundaries of reality, and we suddenly realize, again and again, and are reminded fortuitously, that there is a subjective unreality that we can never quite pierce or fully comprehend, just as others cannot of our own.

That is what often happens with a medical condition.  For Federal employees and U.S. Postal workers who are contemplating 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, the question often asked is:  “When do I tell my agency”?  Isn’t that a peculiar question – as if no one at the agency knew or knows about your ongoing medical condition, and that filing a Federal Disability Retirement application through OPM is going to be a complete surprise to everyone?

But that is, indeed, the reality of the unreal, where those around you are completely oblivious of the pain, the turmoil and the complications of those medical conditions you have had to deal with for so many years.  It is, in one sense, rather sad; but it represents the cycles of reality & unreality in an uncaring universe which prompts such an empty feeling when the question asked doesn’t quite have an answer to be given.

Sincerely,

Robert R. McGill, Esquire

 

 

OPM Medical Retirement: When we used to speak of meaningful things

Perhaps the negation of ideas trickles down, just as water from a crack in the roof tiles; of Derrida, Foucault and the deconstruction movement after the lengthy period of disillusionment represented by the French Existentialists headed by Camus and Sartre; for, if meaning constitutes parity and the loss of hierarchies and paradigms in crumbling corners of inconvenient truths, then Orwell’s prediction of how totalitarianism will infect society with the tools of our own making, will come about sooner than we thought possible.

Let us not speak of Logical Positivism and how the expungement of ethics and metaphysics from kitchen table discussions resulted in the loss of meaning, value and truth; for, if validity of a statement is determined from on high in the ivory towers of Russell, Wittgenstein and Ayers, et al., one has only to look at the state of British society today to realize that while the island continent allowed for profundity of thought in the isolation of its heyday, its impact and influence should have remained contained in order to spare the rest of mankind.

There was a time when we used to talk about meaningful days.  Oh, it doesn’t refer necessarily to what is said, but more as to the discretion of what is kept silent.  For, it is the pause between thought and spoken word which reflects the depth of thoughtfulness; and, in modernity, the comma of silence between the typed garble considered a sentence, and the push of that button which shoots it into the eternal space of the Internet.  Just take a cursory preview of random Facebook and Twitter pages; of the inane, the insane and the intemperate; there was once, long ago, a time when work and toil to put bread on the table prevented the leisure of thoughtlessness allowance for indiscretion of a spoken word.

To be wrong is one thing; most mistakes are correctible and even forgivable; it is the engagement of lack of thought, discretion and unadulterated vacuity of breathtaking stream of words spoken, shared and disseminated without care, which destroys the society of binding values and becomes replaced with angry shouts of rights and privileges, and more so by those who engage in the self-immolation of devaluating acts.

Greater quantification of information does not implicate knowledge, leaving aside the concept of wisdom; instead, as Orwell knew so well, words mean something.  We tend to think that the more said, the greater volume of voice, and the increased amassing of a library of information, somehow leads to a smarter society.  It is, instead, quite the opposite, and the negative effect of thrashing about to escape from quicksand; the more we say, the stupider we appear.

For Federal employees and U.S. Postal workers who are contemplating preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, it is important to understand that obtaining a cogent and effective medical narrative, in conjunction with preparing a compelling Statement of Disability on SF 3112A, are the two mainstays of a high-octane Federal Disability Retirement packet which increases the chances of a successful outcome.

Federal and Postal employees who are seeking to file for Federal OPM Disability Retirement benefits need not worry about speaking or discussing meaningful things; the tragedy of a medical condition, by its very nature, is a significant event which impacts upon a life, a career and a future.  Yes, there was a time when we used to speak of meaningful things, but those days are over — but for the intersection of human lives when words really matter, and lives are actually lived.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Annuity: The mindset resulting in a witch’s brew

We can often dismiss antiquity with ease by relegating personalities to caricatures and stereotypes.  Thus, of the Crusaders, that they were merely simple folk unsophisticated in the evolutionary Darwinism of modernity; of Roman legions, fearful of punishment and brought up to bear the cruelty of his environment; or even of more recent vintage, the gunslinger out West — of Billy the Kid or Wild Bill Hickok, where legend surpasses the individual and becomes fact.

But a slight alteration of a vantage point can skew the perspective; and thus, when we focus upon the cauldron of the witch’s brew, as opposed to the personality who stirs and skims the steaming pot and tastes with a silent laugh the compilation of herbs, incantations and bones of lizards extinct but for the ghostly aura of a hand which discovers the mist of superstition, then we begin to truly understand the nature of human beings.

Even the modern day “curandera”, or traditional healer who must speak to the Andean underworld and mix the exacting drops of bat’s blood and seek out the plants and herbs in the harsh mountainous enclaves, possesses an aura of mystery unable to be discerned, unless one averts the eyes from the window of the soul and instead transposes upon the metal source from whence the steam arises.  Then, there in the transfixed embrace switching from the deepened riverbeds of facial ravines of the one whom we cannot comprehend, and corners instead upon the objectified universe out of the contextual historicity of predetermined ideas, we begin to understand.

We put faith in others, and repetitively so, and when the self-flagellation wrought by dependence upon the kindness of others is crushed beneath the weight of rejection and rebuttal, then and only then are we able to “move on” and pick ourselves back up in order to advance towards goals abandoned and dreams unfulfilled.

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 realizing the fruition of one’s career as a Federal or Postal employee, and must by necessity forego the compensatory benefits of job, career, TSP build-up and years of in-service accumulation; it is, then, time to consider 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.

Once a Federal Disability Retirement annuity is obtained, the time that one is receiving a OPM Disability Retirement annuity counts towards the total number of years of Federal Service, so that when recalculation occurs when the Federal or Postal employee reaches age 62, those years of Federal Service while receiving the Federal Disability Retirement annuity counts towards the recalculated annuity.

But first, the refocus of one’s perspective must occur, in order to alter the mindset from whence to proceed.

The Federal employee or U.S. Postal Service worker must begin to think “differently” from the personality occupying the identical space as “before”.  Like the mouth agape with wonder and the eyes of disbelief, the parameters of transfixed minds must change in order for change itself to occur.

Focus not upon the personality in history, but the object which remains constant throughout.  For, the cauldron which bears the aroma of a witch’s brew is not the same as the hand which stirs the pot; though, the ingredients of mystery and secrets unrevealed are lost in the historicity of timeless knowledge, and that is why the thought-process resulting from the witch’s brew is often as important as the personality who gathered the aura of potency lost in the steaming mixture of life’s hidden darkness.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Hangman’s Knot

The perfect knot is the most effective, and development of its features occurred over time through a science of art and an artistic employment of science.  The placement of the knot behind which ear; the number of coils before they became an impediment; and the avoidance, at all costs, of trespassing upon superstitious beliefs and potentially supernatural reverberations — these were all taken into account in perfecting the science of the art.

Its corollary, the art of the science, disregarded the efficacy of the knot; it was only the former which concerned itself with an objective evaluation of the results after each occurrence.  Like parachuters who pack and fold their own devices with a systematic routine of sprinkled superstitions, the hangman would often approach his craft with a religiosity and fervency of monotony such that any detour from the iconoclasm of repetition could delay or abandon the anointed time of impending doom.

In modernity, of course, any discussion concerning the hangman’s noose turned into a historicity of adages and proverbial wisdom; we construct our own knots, like the beds we make in which we must sleep, and the messes we create which we direct our children to clean up.

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 the Federal or Postal positional duties, the issue of when to file, how to file, the whys and whereabouts must always be taken into account; and like the hangman’s noose which is coiled slowly and deliberately, the Federal or Postal worker who prepares for the inevitably end must take care in the preparation and application for submission and filing.

It is, in the end, only the superficial features of the world which change; the essence of everything substantive remains constant, and that is precisely the point of Plato, Aristotle and the entire linear heritage of Western Philosophy — that the underlying meaningfulness of the world around us is that which is captured in truth.  And, like the hangman’s knot, what we do in preparing for the event of a lifetime is just as important as the incident itself, and that is why preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management is essential to securing a future of stability and security, where the process is just as crucial as the substance underlying.

Sincerely,

Robert R. McGill, Esquire