Tag Archives: dod civilian medical retirement lawyer

FERS Disability Retirement: Just the Right Word

It is a terrifying thought that major events — some of which can lead to calamitous results — can turn on a word.  Diplomacy depends upon it, as well as marital harmony and a host of other circumstances.

Words possess the power of persuasion, and their salutary impact is seen by the consequences which follow.   One sees It in the faces of diplomats following lengthy discussions behind closed doors — whether certain words have really averted a crisis or have merely prolonged an inevitable consummation of intentions otherwise provoked.

Did “just the right words” avoid the breakup of a marriage, where the expectant looks of a child’s hope depended upon the soothing effects softly diminishing tempers’ destructive costs? It is the intemperate reaction in the heat of the moment which compels remorse of conscience and the recognition of the power of words.

For Federal Gov. employees and U.S. Postal workers who suffer from an injury or illness such that preparing, formulating, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS becomes a necessity — or, if already filed and a Denial from OPM has already been rendered and a Reconsideration response is required — understanding that the entire administrative process is a “paper presentation” to OPM and is therefore dependent upon “just the right word” or, more accurately, multiple and voluminous words — is a daunting thought.

And furthermore, the words chosen must necessarily involve various areas of specialized disciplines — not the least of which (obviously) should include conceptual constructs of legal cases previously decided.

As such, in filing an application to OPM or in responding to an OPM denial and needing to file a responsive Reconsideration legal memorandum, it may be necessary to consult with a FERS Medical Retirement Attorney who specializes in Federal Disability Retirement Law to help in choosing “just the right word.”

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 Benefits: Paintings Without Words

The cave paintings in Lascaux are apparently a stunning display of prehistoric art created by Paleolithic Man some 17000 years ago — well before Christ, before the Roman or Greek civilizations; before the written word.  The depictions are of animal figures and of man; but without words.

Of course, if you visit an art gallery, every painting is “without words” — except, perhaps, of the title given to the painting, like “The Boy in a Red Vest” or “The Starry Night”, or even, “Self-Portrait”, etc.  But these cave paintings lack even a title.  They are silent — truly in the sense of lacking noise, explanation, etc.

Various “experts” have apparently rendered their interpretations as to why they were drawn and what they depict; the “meaning” of the art.  Why did such men (why do we presume they were done by men, and not by women?) paint upon the walls of that cave?  What did they intend?

Such interpretations may or may not be true; one shall never know, because the context of the once-vibrant community has been lost.  They remain as paintings without words because the words were lost long ago, and so the meaning behind the depiction — what gave it “meaning” — has been lost forever.

It is similar to the feeling and sense that a Federal or Postal employee has when a 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 “meaning” behind the work is lost, because the functionality to perform the work has been separated from the ability to engage in that functionality.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law and begin the process of recovering the meaning behind the work you once loved; for, like paintings without words, work without freedom from pain and turmoil results in a profound sense of loss.

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.

 

Federal & Postal Worker Disability Retirement: The Chore of Life

We all have our chores to do — some more pleasant than others; of emptying the dishwasher; taking out the garbage; cleaning up the yard after a hard winter’s debasement; attending to the pets; even taking a shower — although, it is puzzling as to why we do not consider the latter to be a “chore” and instead deem it as a daily activity of living.

Watching a toddler, we realize that they, too, engage in chores; the only difference is that everything that they do is involved in the most important chore — the chore of life.  For, the initial engagement with the world — of objects, furniture, toys, pets, other people — involves the primary learning process of how to maneuver through the obstacles of this experience called “life”.

We, as adults, forget that important lesson, because we have encountered it repetitively so many times that everything becomes boring, unimaginative, a burden — in short, a “chore”.  Life in general, after a time, becomes a burden and thus a chore, and then cynicism begins to seep in.  But the chore of life to a child is the fresh encounter of everything in the world precisely because of its freshness and newness.

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 continuing in one’s chosen field of a career, consider filing for Federal Disability Retirement benefits under FERS as another chore of life which must be accomplished — if only to be able to see that there is still life after federal employment.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and begin the process of tackling the chore of life — of getting beyond the old and embracing the new.

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 Medical Retirement for Federal Employees: Reverberations of Choices

At the time, it may have seemed inconsequential.  The choices we make — of whether to go to college or not; of delaying further education; of where to live, move to, set roots in; whether to get married, start a family, the size of the family; of choosing friends, a career, maintaining close or distant contact with siblings, relatives, parents and extended family; and throughout life, the reverberations of our choices may appear, individually, to have minimal-to-no impact upon our lives.

We know this not to be true.  The small ripple created from a thrown pebble in a pond may seem inconsequential; but to the frog waiting for the undisturbed quietude to allow for an unsuspecting insect, the meal missed is the felt reverberation of the water’s ripple.

For Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits under FERS with the U.S. Office of Personnel Management, the choice of advocacy may be an important component in making future plans.  What will your lawyer do for you?  Will he or she stay with you from start to finish throughout the stages of a Federal Disability Retirement process?

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and make sure that the reverberations of choices made will have a positive ripple-effect upon your future.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement Application: The Other Side of Utopia

The plethora of dystopian fiction must be an indicator of society’s anxieties.  It used to be that Orwell’s 1984 was the singular defining work, followed by Bradbury’s Fahrenheit 451.  More recently, Ishiguro’s Never Let Me Go, and its sequel, Klara and the Sun; and Ogawa’s The Memory Police.  These round out the quality of dystopian novels — not relegated to pulp fiction, but of a serious genre.

Why we relate to such themes; whether this global pandemic will produce a wider variety of such works; and to what extent the negative worldview created by problems worldwide seemingly unsolvable and constantly inundating us with tragic stories about poverty, destruction, death and injustices — only time will tell.

Personal struggles and tragedies should not be overlooked and dismissed merely because greater worldwide catastrophes exist.  It is never helpful to minimize one’s personal problems by saying, “Oh, it is nothing in comparison to what happened at X”.

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 one’s Federal or Postal job, the other side of Utopia is not merely to endure the growing realization that you can no longer do your job; rather, the other side of Utopia is to file for Federal Disability Retirement benefits under FERS.

Contact a retirement attorney who specializes in OPM Employee Disability Retirement Law and begin the process of precluding the dystopian worldview that a medical condition can surely impose.

Sincerely,

Robert R. McGill, Lawyer

 

Long-Term Disability Benefits for Federal & Postal Employees: Carelessness

In some professions, it matters not; in others, perhaps of a de minimus impact; but to many, of a great and irreversible impact.

For an eye surgeon, the slightest tremor may mean the difference between sight and blindness, where carelessness is a measure of delicate differentiation.  For the store clerk who stocks the shelves — whether slightly crooked; not quite neatly presented; perhaps placed in the wrong aisle or section — carelessness may have some minor impact upon the profits gained, but likely not quantifiable in comparison to the dexterity needed for the eye surgeon.

Carelessness is just that — of a lack of care, a negation of competence which ultimately is traced back to the intentions of the individual.  Does the person care?  Is the worker diligent?  Does the employee have a sense of self-awareness to be able to improve?

Sometimes, “intentions” are mistaken by the results of the work itself — as in, when a medical condition is impacting one’s ability and capacity to perform at the same standard of care.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is beginning to manifest itself through carelessness at work, contact a Federal Disability Lawyer who specializes in securing OPM Disability Retirement benefits for Federal employees, and begin the process of carefully putting together an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

Top-Rated Federal Disability Lawyer: Legal Containment

We have all seen it, or even experienced it first-hand.  A party; a gathering; a group of kids; a bunch of young boys and girls; the noise, the “showing off” and the language too obscene for nascent ears; then, an adult appears and, suddenly, miraculously and without anyone saying a word, the entire character of the crowd changes.

Boys sit up straight, feel around their waists to tuck their shirts in; girls make sure that they are a decent distance from the guy they were just a moment ago sprawled all over; the language is suddenly cleaned up, with serious tones of “yes, sir” and “no, sir” and formal designations prefatory in quiet demeanors; and so the party ends.

What happened?  What changed the character of the gathering?  Why did the mere approach and presence of an adult radically alter the character of the gathering?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates a filing of a Federal Disability Retirement application with the U.S. Offie of Personnel Management, the lesson above should be a warning: OPM will often act like the unruly bunch of kids when a Federal Disability Retirement application is filed without legal representation.

Legal containment — a reserved, appropriate and serious response — occurs when the law hovers over the behavior of OPM.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law and make sure that the teenage gathering — OPM — is made to sit up straight and behave within the legal confines of the laws governing Federal Disability Retirement.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement from the OPM: Careful Planning

Is there any other type?  Do we ever plan, but do it carelessly?  Or, is it a redundancy to ascribe any planning as being “careful”?  Another question, of course, is the manner in which we determine the basis of such planning; i.e., is it only a retrospective judgment that is made after the fact?  In other words, do we ascribe the designated title of “careful planning” only after things have gone smoothly, and that of “careless planning” when things have not?

When the boss pats you on the shoulder and says, “Good job” and you turn and smugly respond, “Well, it’s just a matter of careful planning,” is such a response appropriate only because things had turned well?  And when it does not, do you just say: “Well, despite careful planning, there were some unforeseen circumstances that arose and all we can do is to counter them as best we can”?

There is, of course, such an animal as “careless planning” — where one has engaged in the motions of planning a future course of events, but has not taken the time to think it through, plan alternative avenues for “handling a potential conflict”, or otherwise did not meticulously prepare for the upsides and downsides of potential difficulties.  And that is the key, isn’t it — to consider the options, take into account the possibilities, and to plan accordingly?

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 one’s Federal or Postal position, careful planning in the preparation, formulation and submission of an effective Federal Disability Retirement application is a “must”.

We all engage in retrospective confirmation of our actions, and the single telling factor of careful planning in a Federal Disability Retirement application is when you receive an “approval” from the U.S. Office of Personnel Management.  Of course, when dealing with a Federal bureaucracy, a denial does not necessarily mean that careful planning was not engaged in, but merely that further planning and careful consideration must be given in order to battle with, and prevail, against OPM.

Consult with an attorney who specializes in Federal Disability Retirement Law and begin to formulate the plans which will be most effective in obtaining your disability retirement benefits from OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Having something to say

There are people who speak volumes in voluminous volubility, but of thinness of content and lacking of much substance.  Then, there is that quiet person in the corner, perhaps distracted by someone’s glancing comment or lost in his own thoughts who, when asked about a topic of general interest to all in a group, articulates in a single sentence what others have attempted to encapsulate in a paragraph, a page, or perhaps a Dickensian novel.

Having something to say is the linguistic equivalent of wanting to be noticed, needing to be relevant and asking to be loved.  The capitalistic rule of supply-and-demand works within other and foreign contexts, as well — that when the supply of articulation exceeds the demand sought, the diminishment of value in words is proportional to the content of relevance.

Of course, the general truism which becomes reduced to an inane thought is that we “all have something to say” — that is to say, each one of us can make a contribution to the general pool of solutions, ideas, thoughts, etc.  But if everyone can be everything to everybody, then nothing comes from nothing where something is devalued because everything is nothing — in other words, the diminishment of value because supply exceeds so much of a lesser demand.

There are times, of course, when — whether we have something to say or not — it becomes necessary to express something; to express it well; and to express it with clarity and conciseness of thought.

For Federal employees and U.S. Postal workers who have come to a point where filing for Federal Disability Retirement has become a necessity, “Having something to say” becomes important because of the requirement of filing SF 3112A, Applicant’s Statement of Disability as part of the FERS Disability Retirement packet.  The questions posed on SF 3112A appear simple; but do not mistake “simple” for “simplicity” — for, within the content of the simple are a jumble of complexities that are interconnected with legal precedents and court rulings.

Language is a funny animal; it requires thought beyond the pool of language one is familiar with, and it is the unfamiliar which can become the cliff over which one can fall, and to prevent the calamities which one may not be aware of, it is best to consult with an attorney who specializes in Federal Disability Retirement Law to make sure that when you have something to say, it is posited with knowledge and legal counsel.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Lost Illusions

In childhood, we retained many illusions; as adulthood came to fruition, such illusions were slowly stripped away, one by one, until reality hardened the sunlight of hope and replaced them with the gloom of daily existence.  Then, sometime later in life, when maturity formed the mold of contentment and latter-day fancies allowed for happiness to reside, we came to compromise with life’s misgivings, allowing that not everyone is bad, not everything is a failure, and not every regret has to be turned into a nightmare attributable to the fault of our parents.

In short, we finally grew up.  But what about those lost illusions?

We define an illusion as that which is wrongly perceived — in other words, it is our “perception” of X that is in error, and not the substance of what X actually is.  Encountering “Being” in the world is a scary matter [sic] in and of itself; for many, the elixir of living in a world of illusions is preferable to the ugly reality of pure Being; just visit any mental institution and one can get a sense of a universe where illusion dominates.

Throughout life, we must always adjust the world as we perceive it, the manner in which we desire to perceive, and the reality of matching perception with pure Being.  It is the game of expectations and the bumping into reality that is the hardest lesson to learn; and for most, the lost illusions of childhood yearning constantly battles to regain our need for a time past, a regret turned, and a desire snuffed.

For Federal employees and U.S. Postal workers who suffer form 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 illusion that one’s Federal or Postal position was secure for a lifetime’s future engagement may be the first thing that needs to be shed.

Further, the illusion that your Agency or Postal unit will be cooperative during the long and complex administrative process — because you “earned it” or that your prior years of dedicated service should count for something — may also be an illusion that needs to be set aside.

Filing for Federal Disability Retirement benefits will likely require the shedding of many illusions, and like those lost illusions once held by the innocent child that was once you, the illusions inherent in preparing, formulating and filing for Federal OPM Disability Retirement benefits under FERS is no different precisely because the encounter with Being is still the tumultuous affair that it always has been.

Sincerely,

Robert R. McGill
FERS Disability Attorney