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 OPM 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, Esquire

 

OPM Disability Retirement: The need to belong

Is there?

The brashness of youth in the misplaced arena of self-confidence when one first encounters the reality of the world after being sequestered in schools, from High School to College, but yet to be tested by the reality of the surrounding world; and so the young person says thoughtlessly: “I don’t need anyone; I will go it alone.”  And so the story goes: and like Harry Chapin’s song, “Cat’s in the Cradle”, of little boy blue’s father who never had time to belong because he was always too busy; but then, we feel most comfortable in situations of familiarity, though we may deny it.

The need to belong is not a peculiarly human need; it is shared by most other species, although there appear to be exceptions within the subset of every species, where the loner presents with contentment, and even an antagonism towards the collective community.

Is it fear that compels the desire, or an innate sense of wanting to belong (a more positive characteristic than fear)?  Can the need be quashed and dismissed, set aside and disregarded as mere convention to be ignored and diminished?

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits under FERS, CSRS or CSRS Offset, is it the loss of community that often makes one pause — i.e., the need to belong?

Certainly, the camaraderie and being “part of the team” — though one may scoff at the very idea — allowed for one’s identity to thrive within the community of Federal or Postal workers; and identity-tied-to-career and work is an important component in belonging to anything, for everyone.  Yet, the medical condition itself is the very element that separated and excluded in the first place; the Federal Agency or the U.S. Postal Service is the “community” that begins to shun, to exclude, to make an outcast of the Federal or Postal employee, and that is almost an inevitability that must be faced.

At some point, that “community” called the Federal Agency or the Postal Service begins to lose its patience, and begins to restrict the use of Sick Leave or LWOP; or, when the FMLA runs out, a “demand” to return to work, to maintain a regular work schedule, etc., is imposed.

Unfortunately, the “need to belong” has to be a two-way street: The desire to belong on the part of the Federal or Postal worker, and the comity of interests shown by the Federal Agency or the Postal Service.  When one or the other begins to wane or vanish altogether, it is time to file for OPM Disability Retirement benefits and to look for other communities in which to satisfy the need to belong.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Retirement: Later editions

Later editions are never as valuable as the First Edition, unless of course something additional has occurred, like the author’s inscription and signature, or a typeset error which is limited in number, or perhaps a reissuance but for a “limited number”, and sometimes as an “anniversary” reprinting, especially and again, if the author or progenitor has signed such a copy.

People follow upon such objects of value; for, as such artifices are mere human conventions, the behavior towards such creations reflect the conduct of man towards his fellow man.  Thus do we treat “later editions” with reduced fanfare; the old are replaced by the new every day, and “first editions” — of a new employee, a rising star and other more recent arrivals — are accorded greater degrees of “oohs” and “ahhhs”.

One might counter that “First Editions” should instead be identified, as a metaphor for human beings, as those who have remained for the longer period of time, and not accorded such status to newcomers; it is those who “come after” who are the second or third impressions, and should be acknowledged as “less valuable”, and not more.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is often the case that your “value” to the Federal Agency or the Postal Facility seems to have diminished as Second editions and Third impressions come upon the scene.

Look at the beauty of First Edition books, for example — often with some wear, and maybe even a tear, but it is the worn state of condition that is often compensated for by the years of experience for which the deteriorated condition can be valued, yet does the “bookseller” treats the later editions as more “valuable” than the stated First Edition?

Medical conditions are likened to the worn look of a First Edition book, whether signed or not, in this society where it is the Second or Third Editions that are too often treated with greater respect.  If that is the case, then it is time to consider 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.

Perhaps that dusty old First Edition will be better appreciated elsewhere, all the while receiving a Federal Disability Retirement annuity and growing in value.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Landmines undetected

Landmines, or other similar devices left undetected, whether improvised to explode and damage, harm or otherwise maim and kill, are constructed and implanted precisely for the purpose of being hidden until it is too late — until, unaware and unconcerned, the unwary enters into the foray of the device and suffers from the resulting potency of mayhem.

Landmines undetected do exactly what they were intended for: to catch the target unaware, and to perpetrate the greatest extent of harm and destruction possible.  Undetected, they lay in wait in camouflaged veils of surreptitious decoys meant to project an aura of innocence and harmlessness, until it is too late.

Then, of course, there are those landmines which could have been detected, or should have been; where the unwary should have been easily apprised of the potential harm, but for whatever reason — apathy, ignorance, lessening of one’s resolve or suspicion, or whatever the excuse or reflective rationale — failed in the process and suffered the consequences.

The term itself — “a landmine” — is often used allegorically and metaphorically, to emphasize a point of danger, potential hazard or other undetected potentiality, whether concealed, veiled or ignored as irrelevant and insignificant.  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 landmines undetected in Federal Disability Retirement Law may become the very ones which lessen and diminish the chances for a First Stage success.

While most mistakes are correctible, the single greatest landmine that is left undetected, and which often results with the most dire of consequences, is the one that should have been known or otherwise thought of, but was left as a mere inkling ignored and unresolved.

Consulting with an experienced attorney who specializes in Federal Disability Retirement law is a good way to avoid those metaphorical landmines left undetected, and while the Federal or Postal employee who is filing for Federal Disability Retirement benefits may falsely believe that he or she is unable to afford an attorney to guide the Federal or Postal employee through the process, it is the very opposite thought that should be entertained — of failing to afford the prevention of a potential harm upon stepping on a landmine undetected — which should make one pause and reconsider.

Sincerely,

Robert R. McGill, Esquire