OPM Medical Retirement Benefits: Isle of Sadness

We have all been on them; metaphorically, it happens to someone all across the world, on any given day; for, the isle of sadness is that small spot in a remote locations — an island or a peninsula — where isolation and a sense of not-belonging occurs.  It can happen to those who appear perfectly content; it can descend upon the happiest among us; it often occurs with devastating force, unexpectedly, without discriminatory resolve nor sensitivity to circumstances.  Human beings are complex creatures, and the isle of sadness is merely a reflection of that state of emotional turmoil.

For Federal employees and U.S. Postal workers who suffer from being on an Isle of Sadness, the circumstances of a medical condition and its impact upon one’s career is often the cause of being placed in that position.  For, the Isle of Sadness is not a geographical location, but a state of being when circumstances close in upon us and the woes of one’s world cannot be so easily solved.

Contact and consult with an attorney who is a Federal Disability Retirement Lawyer — one who specializes in Federal Disability Retirement Law — and consider your options in preparing, formulating and filing a Federal Disability Retirement application. Such an option may be the first step in being able to return from the Isle of Sadness to a world full of hope and promise for the future.

Sincerely,

Robert R. McGill, Attorney

 

FERS Medical Retirement: Drawing Up the Battle Plans

Are they necessary?  Or, is pure talent, brawn and a willingness to sacrifice one’s life — enough?  Can a military officer simply say to his or her troops, “Well, we have overwhelming numbers; let’s just pick up our weapons and overrun the enemy”?  Or, is a “battle plan” necessary, even for a short foray to test the strength, weakness or vulnerabilities of enemy lines?

Most would contend that a battle plan is a crucial aspect for any considered conflict, and that merely relying upon strength of numbers or sheer determination of will to fight are not enough.  History is replete with examples of inferior numbers winning against great odds, precisely because a superior plan had been considered and implemented.  It is not necessarily the boldness of a plan, or even that a plan is clever or masked in subterfuge; rather, the clarity of a mission, the simplicity of protecting flanks and doubling-back in reinforcing weak links — a plan which the troops understand and comprehend as to its logic and potential outcome for success — is critical for any successful attack.

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 position, preparing well, formulating meaningfully and filing in a timely manner are all part of the “battle plan” for a successful foray into the territory of Federal Disability Retirement Law.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and begin drawing up the Battle Plans for a successful venture in obtaining your Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Fight

Not everyone relishes one.  Yet, the challenge comes about often when we do not expect it, when our proverbial defenses are down and we cannot muster the energy to properly engage it.  For children on the rough-and-tumble playgrounds, it can be over in a matter of minutes, where a few black eyes, a scrape and a bruise may be the worst of it.  For adults who actually engage in a fist fight, more serious consequences may ensue, and beyond hurt egos and wounded pride, there are laws against assaulting and battering.

But there are many other forms of “fighting”; of neighbors squabbling over overgrown trees which cross fence lines; of public debates and shaming; of aggressive trolls on the Internet.  Time was where once there were unspoken “rules” (like no hitting below the belt; no scratching or kicking, etc.), but with all-out “mixed martial arts” and other forms of unfettered fights, it seems that the art form (if there ever was one) is gone, and the only thing which matters is the outcome.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the “fight” is against the U.S. Office of Personnel Management, and fortunately for those who engage in this fight, there are rules by which all combatants must abide: The Statutes, Rules, Regulations and Case-Laws that circumscribe and dictate how the fight must be implemented and managed.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and find out what the rules are governing Federal Disability Retirement Law before you are in the “thick of it”; for, you do not want to have been taken unawares by a sucker-punch before you know what to expect.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Stress of the Moment

From a distance, we can all handle stress.  It is that time and removal from the moment that makes all of the difference, is it not?  Afterwards — after the explosive anger, the sudden quietude or the paralyzing fear — we reflect and wonder as to what created such a stressful reaction.  Or, years later, one may recall that it was a moment of “something”, but rarely remember the exact details as to what prompted or triggered it.  It is often the combination of multitudes of factors: Too little sleep; overworked; a sense of isolation; a feeling that no one around you really cares, etc.

Then, when a medical condition enters upon the scene, all other factors tend to become exaggerated, magnified and exacerbated.  One’s health and deteriorating medical condition always adds to the stress.  It is like the old adage about a fish not realizing that it is swimming in water; when we have our health, we barely recognize it; when we lose it, it becomes the focal animus of our daily lives.  Without our health, there is no “stress of the moment”; rather, every moment is a stressful experience.

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 job, it is time to consider filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, in order to reverse the course taken — that of going back to experiencing the stress of the moment, as opposed to living a life of unending, unendurable and eternal stresses throughout each and every waking moment.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Law: The Chasm between Reality and The Law

Non-lawyers will often read “The Law” and expect that reality will conform to the language as it is stated.  That is actually a good sign, in that the expectation of the layperson is that respect for the law will necessarily result in compliance with its dictates.  But language is malleable.  It is subject to interpretation, and that is the field of play which allows for elasticity and the chasm which develops between Reality and The Law.

There are, first and foremost, “The Facts” — and whether or not “The Law” applies to a particular set of facts.  Then, from that application of facts-to-law is the further problem of deciding its significance and relevance, and whether or not there are other contravening facts or opposing case-law or statutory citations which may also impact the direct argument of sound legal analysis.  Then, of course, there can be the further difficulty of people, companies, entities and agencies which completely ignore the law and, more recently, of creating one’s own set of “alternative facts”.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important to apply “The Law” precisely, relevantly and comprehensively.

More recent cases of a precedent-setting nature may have altered the meaning of statutory interpretation in a subtle, more favorable manner, and thus is it important to consult with an an experienced attorney who specializes in Federal Disability Retirement Law in order to obtain the greater benefit in evaluating your case, lest the chasm between Reality and The Law be so great as to defeat one’s own attempt within a greater pool of lacking the proper knowledge in applying the law to your particular set of facts.

Sincerely,

Robert R. McGill, Esquire