Tag Archives: do I need a lawyer for federal retirement disability? it depends in your case and your doctor support (call attorney for free first time consultation)

OPM Disability Retirement under FERS: Quality of Life

It has never NOT been an issue in American life; for, with the opportunities available, modernity has placed a focus not just upon “living”, but upon a more grand concept:  That of “living well”.

The cemeteries and unmarked graves of silent history’s fallow grounds are filled with unstated sorrow and grief; and while modernity now knows of wealth and luxuries beyond the wildest imaginations, the past has known great poverty and suffering.

Prior to the age of refrigeration, much of every day was obsessed with preparing the next meal.  Between work just to eke out a living and considering what the next meal would be, survival was the point of existence — until the rise of the “middle class” upon the dawn of the Industrial Revolution.

Quality of Life?  Was that even a concept conscious for consideration?

For Federal employees and U.S. Postal workers who suffer from a medical condition where that medical condition will no longer allow you to perform all of the essential elements of your job, the concept of “quality of life” must by necessity enter into the equation.

The endless cycle of work-to-weekend and back to work, where the weekend is merely for purposes of resting those chronic medical conditions in order to have some minimal energy-level to make it into work — well, you know the routine, and that vicious cycle is certainly without any “quality” to the life one leads.

Federal Disability Retirement benefits are meant to rescue you from the loss of quality of life.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and let not your life reflect a period of history which was supposed to remain quiet in the fallow grounds of past burial grounds.

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: Boundaries

We set them for a reason: To prevent future conflicts; to establish clearly when trespasses occur; to allow for the maintenance of compartmentalization in order to preempt overlapping potential conflicts; to teach societal conventions in a safe, artificial context; to demarcate the lines of acceptable behavior, etc.

Boundaries are set in law, in conventions, in neighborhoods, communities, nations and continents. Remember when we learned in Geography Class about the various countries and their disputed boundaries?  Or of early lessons where we were told not to cross the street unless a school safety guard bade us forward?  And what of mental boundaries — of not answering the phone after a certain hour; of boundaries that prevent us from working ourselves to death; of not responding to emails after “work hours” (is there such an animal, anymore?), etc.

And those subtle boundaries we all seem to learn — of conventional behaviors acceptable in society, including invisible ones of “personal space”, of declarations in public both allowable and prohibited; and even of eye contact, how much is offensive, to what extent a “look” becomes a “stare”, etc.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it may be time to cross the boundaries into considering filing for Federal Disability Retirement.  Medical conditions themselves have no boundaries, know no boundaries and respect no boundaries.  It becomes all pervasive — crossing into one’s personal life, and disrupting one’s career and work life.

Consult with an attorney who specializes in Federal Disability Retirement Law and consider re-establishing those important boundaries that keep in place the lines of sanity necessary for one’s own health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Keeping it together

Living in modernity is a complex juggling act that never ends.  Simplicity recollected in former times often harken towards an idealization that perhaps never existed, where toil, labor and survival were a coalescence of a person’s life, and meaning was never divorced from what one was engaged in, the acts of striving, the struggle to earn a living.

Modernity magnifies Marx’s observation that human discontent is a result of separating man’s labor from the self-esteem of accomplishment, where the factory worker sees merely a microcosm of monotony but never possesses the self-satisfaction of any meaningful end to the assembly-line of life.

Instead, today we are a fractured sort, running like the proverbial chicken with its head cut off (and we don’t even quite understand what that means, anymore, as no one lives on a farm to understand that when a predatory owl comes swooshing down and severs the upper portion of a cock-a-doodling bird, the feet continue to pedal forward even after the headless horseman is taken away), awakening, rushing, being dazed and in a trance to view the multiple screens of a Smartphone, the laptop, the desktop and being directed by electronic voices of commandeering vehicles, parking barometers and driverless vehicles to merely observe as bystanders in a world gone mad.

Credit crunch, debt overload, children brought into the world without direction or means, and droughts, famine and wars and rumors of wars beyond; it is a burden just to try keeping it together, these days.

Promises have been made for decades plus of technology granting a reprieve both in time, effort and human toil, and the time for leisure which the totalitarianism of oppressive modernization has detailed has somehow never come to fruition.  Work, and more work; overtime; the juggling of family time, work, filial commitments and more work; and we can “have it all”, or so they keep telling us.

Email was supposed to undercut the need for the snail’s pace of the Postal Service, but now we are bombarded with an exponential quantification of that which we used to open with a mail opener, inserting carefully into the edge of the fold and slicing gently so as not to spoil the contents within; and somehow that very act of ancient and tactile connection between the eye, the hands, the metal implement and the organic material of an unopened letter gave it a personal bond of sorts, even in a mechanized office setting.  Today, it is merely one more click of a computer button to open up the electronic mail.

“Keeping it all together” – is it possible, anymore?

Then, when you consider an unwanted intruder – a medical condition both unexpected and unforeseen – is it any wonder that things quickly fall apart.  For Federal employees and U.S. Postal workers who find it difficult to continue in one’s chosen Federal or Postal career, when the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal position, it may well be time to recognize that the fundamental basis of keeping it all together rests upon the ability to prepare, formulate and file 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.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Law: The cruelty of our nature

Note that we are not positing that nature in general is cruel; for, in nature, predatory behaviors and devouring of one another is merely a tautological definition of nature itself, in the constant balance between prey and predator, betwixt overpopulation and dominance of one species over another, etc.  No, the “our” refers to a specific species – of the human kind.

Whether engendered and triggered within our genetic predispositions, or as Rousseau and Locke would have it, spurred on by the artificial constructs evolved from the social contract created for self-preservation, there is little denying that “our” nature is the cruelest of them all.  Little evidence needs to be pointed at in order to establish the case proving such a perspective – of wars, treatment of others, disregard for fellow members, neighbors and even strangers; no, the cruelty of our nature betrays the inherent meanness of our selves.

Yes, yes – there are always sociological and anthropological explanations – of mistreatment by a structural and inherent canopy of defiance; people left without hope for any future; lives destroyed by government regulations and other societal pressures; wars driven by sectarian and genocidal triggers further explained by economic changes and shifts of monetary and global policies; and of the rise of dominance by a few over the general populace.

There is little doubt that we are cruel because of who we are – at the top of the food chain, everyone struggling to merely survive.  Yet, it was always the belief that within us, there was a spark of the angel – of being just above the beast, and slightly below the heavenly orbs where wings of perfection remain yet to strive for.

When medical conditions erupt, necessitating the Federal or Postal employee to prepare, formulate and 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, it is well to keep in mind the cruelty of our nature – not necessarily in ourselves, but in the capacity and human capability of acting upon it by revealing to others the vulnerabilities caught in the web of our own genetic predispositions.

Care needs to be taken in protecting privacy; never underestimate the reactions that might occur by a Federal agency or the U.S. Postal Service; and always bear in mind the wisdom of Shakespeare, who recognized the cruelty of our nature, “As flies to wanton boys, are we to the gods.  They kill us for their sport.” King Lear, Act IV, Scene i.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: How truly ordinary we are

Every now and again, someone will make that inane statement that seems to fly by in a discourse of overwhelming linguistic overcrowding of so many such pearls of wisdom:  “Oh, we’re all just human.”  Is it a logical tautology in a strict sense?  The “we” referred to is obviously a subject which includes individual human beings; the “human” described and identified, is the same as the “we” previously posited.  So, it is the same as saying:  “Oh, humans are all just human.”

If that were said, instead, would we not turn with a puzzled look of suspicion, as if the statement made was uttered in such a nonsensical term that the meeting of eyes would, or at least should, erupt with uncontrollable laughter like two hyenas cackling at the full moon?  Or, despite the inane nature of meaninglessness, do we all have a shared cultural norm of language, such that we recognize and comprehend such statements?  For, the sentence itself evokes meanings of shared belief: We are all less than perfect; Don’t worry about it, we all do that from time to time; The ordinariness of human frailty allows for each to give another the benefit of the doubt.

It also points to a slightly deeper meaning:  That, in our humanity, how truly ordinary we are.  Yet, isn’t that very ordinariness that which allows for the shared commonality of community?  The fact that we are ordinary is precisely what allows us all to “fit in”, and concurrently, touches upon that darker side of human nature to spur cruelty, arrogance, superiority and disdain.  For, it is the Darwinian predisposition to conquer and defeat, of “showing up” everyone else that we are what we are not created as – being ordinary.

That is why, when a medical condition is revealed, it is the weakness and the vulnerability that suddenly causes others to shy away, to shun, and to harass and prey upon.  Our ordinariness, in combination with the scientifically and anthropologically explained behavior traits of “survival instincts” and aggressive, predatory inclinations, somewhat defines why we are who we are and how, in a society that supposedly advances continually, we still revert back to your roots of caveman-like follies.

Medical conditions depict our ordinariness.  Manifested medical conditions attract the predatory inclinations within, like predisposed genetic and cellular triggers that cannot be stopped.

That is what Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition triggers a need to file for Federal Disability Retirement benefits, need to understand:  That we our human; our humanness reveals vulnerabilities; that such vulnerabilities will manifest themselves in quite ordinary revelations, including medical conditions; and, once medical conditions are revealed, it will likely trigger aggressive and predatory reactions, and attract those very hominids who, by Darwinian triggers of genetic predispositions, will react in an attempt to rise above our humanity.

Agencies act that way; the U.S. Postal Service certainly treats it employees in that thread of behavioral responsiveness.  For Federal employees and U.S. Postal workers, keep in mind that, in filing a Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, how truly ordinary we are is merely another way of recognizing that not only are we just human, but we can also reveal that dark side inherent in all in the rise to subvert just how truly ordinary we are, which only further uncovers how truly ordinary they are, as well.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: Knowing where to stop

In life, it is often just as important in knowing where one is going, as it is to recognizing where to stop.  We all know the individual with “a mission” – always self-confident, never tentative, and rarely pausing to catch one’s breath except to regain one’s composure before blindly forging ahead with uninterrupted fortitude and resolve.  Military men and women are like that; born leaders and megalomaniacs follow suit; and only the timid bear the brunt of being pushed aside and trampled upon.  Overreaching is a problem in a society that knows only excess and limitless pleasure.  In the midst of being human, we forget our own humanity.

In the history of Philosophy, Rationalism has been usurped by Idealism; the latter, superseded by the reality of human depravity, and science the victor in the tension between theology and pragmatism.  In the end, Darwinian declarations of equality among the species have come to prevail, and in the post-Existential era of seeking merely pleasure above purpose, and the more modern parlance of embracing the “Happiness Principle” – where one’s minute-by-second assessment of one’s emotional quotient has trumped obligation, duty, convention and rational essence of an Aristotelian definition of Man – we now have no boundaries, no social conventions of constraints, and so long as we can avoid violating the basic laws that govern our society, we can do what we want.

In such a state, society and civilization, how can we know where to stop?  If everything is okay to do, how do we determine that which may harm ourselves, or otherwise breach the boundaries of decency and what it means to be human?  If all species are of equal value, then what worth is there in having humanity?  How do we know where to stop?  This applies, as well, for Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Often not knowing all the current laws that govern Federal Disability Retirement Law, the initiating applicant will proceed forth and barrel ahead like Military men and women and born leaders, without first consulting a lawyer who is knowledgeable about OPM Disability Retirement Law.  For, never underestimate the underlying principles behind questions posed on a Federal Disability Retirement application – especially as it relates to one’s medical condition and the impact upon one’s ability and capacity to perform the essential elements of one’s official position.

SF 3112A can be a landmine of sorts, and while it is well and good to proceed in a forthright and affirmative manner, it is equally as important in knowing where to stop, as it is in realizing the direction the Federal or Postal employee must go in order to file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Our narrative of discourse

Do we all carry about multiple narratives within?  Perhaps, one for public consumption; another, for family gatherings; yet another the edited version only for the ears of the young and uninitiated; and perhaps more, depending upon the audience, the susceptibility to believe, and the necessity for coherence as opposed to self-promotion and puffing up?

How about those “Service experiences” – where we get carried away in exaggerating the feats of bravery and encounters with the enemy?  How many politicians have been driven from office for telling a slight (or even not so slight) deviation from the “truth” in reenacting wartime stories and narratives of consummate manliness and Stallone-like fearless feats?  “Oh, the DD 214 doesn’t even begin to tell what I had to go through…”  Or even of high school days of athletic prowess and academic achievement in college; if only transcripts would remain silent in the archives of shrouded mystery in safekeeping for secrecy.

We do, each of us, carry multiple narratives of discourse, often dependent upon the audience we encounter and the susceptibility of suspending disbelief and the receptiveness to our meanderings.  So, why is it that we often fail to conform to the change of necessity, when it counts most?

For Federal employees and U.S. Postal workers who are no longer able to perform one or more of the essential elements of one’s Federal or Postal positional duties, preparing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, involves providing a narrative discourse in response to specific questions on SF 3112A, Applicant’s Statement of Disability.

This is the moment when truth must push aside exaggeration, and where some specificity of delineation must be attended.  The “nexus” or “bridge” between one’s Federal or Postal position and the impact by one’s medical condition must be established, and the targeted audience (the U.S. Office of Personnel Management – not your own agency, your supervisor or anyone related thereto) must always be kept in mind.

In the end, our narrative of discourse that we carry about in our own minds has always been about revealing some part of ourselves to an audience receptive to specific needs, and preparing an effective SF 3112A is no different from that perspective, and must be kept in mind when composing the narrative of discourse in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire