Tag Archives: don’t know what to do after being denied accommodation by owcp and now do I need an attorney?

FERS Disability Retirement from OPM: Present Living

If the quality of present living makes a person less than satisfied, it often exacerbates memories of the past and hope for the future.  Human beings live within the spectrum of time past, present living and future hope.

The key to a successful life is thus to balance the three such that neither the past, nor the future, dominates the present.  For, the past is that which can haunt, in a quagmire of paralyzing memories; the future, an impediment by anxious insomnia; and how we live in the current manner of existence will impact upon both the past and the future.

Perhaps this is too obvious a concept to even discuss.  And yet, so many people around the globe allow for the quagmire of past memories and anxiety for future uncertainties to dominate, control, and ultimately — to destroy.  “Present living” includes all that we encounter — of diet; of exercise; of relationships enjoyed; of a family constituted; of governing the traumatic events of the past and setting realistic goals for the future.

The key, again, is in the “present”; the doors to lock and open only upon necessity and joyful pleasures, concern the past; and of the future, planning is crucial, with present steps taken in order to ensure success.

For Federal employees and U.S. Postal workers who presently 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 current Federal or Postal job, it is the “present” living which has become an impediment, perhaps from past conditions which have now manifested themselves with chronic and debilitating medical conditions, and it is the future which has become of concern.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether it is time to presently prepare, formulate and file an effective Federal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management, in order to put the past behind, and plan for the future.

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.

 

Postal & Federal Employee Disability Retirement from the OPM: And then, One Day…

And then, one day, you couldn’t do it anymore.  And then, one day, you were on your own and became an adult.  And then, one day, you no longer had a job.  And then, one day….

We tend to think in terms of today, with remembrances of a past yesterday, never thinking that tomorrow and the “one day” will ever be upon us.  That is why most of the U.S. population is unprepared for an emergency, for retirement, for tomorrow — for the future.  But the future is always upon us, and it can be as soon as tomorrow.

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, filing a Federal Disability Retirement application under FERS is precisely that “one day” — although, in reality, it may take a few months to get an approval from OPM.

And then, one day, he was medically retired and had his entire future before him….

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law and begin the process of controlling that “one day” which is already upon you.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Disability Attorney: Telltale Signs

What are they, and how is it that we overlook them so often?  Take, for example, the Federal or Postal employee who begins the process of seeking a lawyer to represent him or her to obtain Federal or Postal Disability Retirement benefits.  The Federal or Postal worker makes a phone call — perhaps a voicemail is reached, and so you leave a message.  You don’t get a call for 2 or 3 days, or even until late the next day.  Isn’t that a telltale sign of something?

Or, someone does finally call you back or you actually do get through to a “live” person — but not the lawyer.  Instead, you are speaking to an “Intake Specialist”, or Mr. So-and-so’s “Administrative Assistant” or “Paralegal” or — better yet — someone who self-identifies as a “Disability Specialist”. ??????????

You began by setting out to hire a lawyer — a person who has a law degree and is versed in the legal complexities of Federal Disability Retirement Law, and you end up with a non-lawyer who holds the dubious credentials of being a “Disability Specialist”; are these not telltale signs?

If you want the wisdom, advice and guidance of an attorney who specializes in Federal Disability Retirement Law, then make sure that you recognize the telltale signs and insist that you be represented by an actual Lawyer who Specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The perfect person

By all accounts, he or she doesn’t exist, except perhaps in theoretical constructs of theological paradigms; and of academia, where one may argue some alternate version of Anselm’s argument by positing that, because the concept of perfection could not be thought of without the reality of a Being constituting perfection, ergo a perfect Being – God – must by necessity exist.

Yet, we live “as if” the perfect person exists – either imposing such a standard unknowingly, unwittingly and unwillingly upon our own selves, or by thinking that movie characters actually exist somewhere in the ephemeral world of Hollywood, Instagram and Facebook concoctions that only put forward to the public’s eye the image of perfection.

We overlook the distorted concept of perfection when we say of a movie character, “Oh, he’s not perfect; he drinks too much, cheats on his spouse and is violent.”  Yet, the make-believe character still solves the mystery, is philosophically coherent when drunk, and somehow remains an attractive character despite all such character flaws.  In other words, despite the appearance of flaws, we make gods of characters we create.

It is the same on the Internet – despite the knowledge by all that there does not exist the perfect person, nevertheless, we allow for Facebook postings and Instagram photographs of meals, dogs, kids, families, selves and neighborhoods as the perfect depiction of unblemished lives.  And of ourselves, perhaps the greatest of culprits alive – for perpetuating the mythological depiction by engaging in the flim-flam of projecting the existence of the perfect person.

Yet, what is the alternative?  No one wants to hear the perpetual whining of the constant apologist – that person who points out his own failures and shortcomings at the drop of the proverbial hat; of he who apologizes for the slightest of errors, the scent of a mistake and a hint of failure to reach perfection.  Name a movie character or a movie, excepting a comedy, where the character is merely a bundle of imperfections and unattractive to boot.  Even Inspector Clouseau in the Pink Panther series, played long ago by Peter Sellers and by others more recently, captured the culprit in the end, despite all of the blunders and pitfalls.

In the end, we all participate in the grand larceny of perpetuating the existence of the perfect person – until we are hit with a medical condition, and the façade then suddenly falls apart.  Yet, everyone else continues in the charade.

For Federal employees and U.S. Postal workers who can no longer keep up with the make-believe world of the perfect person because of a medical condition, where the medical condition prevents the appearance of the perfect person to perform all of the essential elements of the Federal or Postal job, it may be time to admit imperfection by preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the imperfect Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, it is the perfect person who embraces the imperfection of this world, and that is at least a beginning for the Federal or Postal employee who must continue to face the Federal Agency or the Postal Service in facing the reality of living imperfectly in this all too perfect universe.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Here

So much time is spent upon the anticipation of some event in the distant future; or, perhaps merely tomorrow, next week, next year.  Here is where we are; in the “now”, the immediacy of a life being lived.  Human beings are peculiar, unique and devastatingly unaware to that extent; we give lip-service to the notion of attaining happiness, joy and the capacity to relish the precious gift of life, while all the while failing to embrace and embody the here of this moment.

Look at tourists visiting the various wonders of the universe; do they seem to enjoy the experience of viewing ancient relics or places where momentous events occurred?  Or, are they busy trying to make sure that the video camera or the Smart Phone is capturing the smiles, the scenery and the attraction just beyond?  How many videos of the same places exist in the world today, tucked away in the memory banks of a digital chip?  What is the difference between the video chip stored in a personal Smart Phone as opposed to a professional movie that explores the identical tourist destination?

What is missing, of course, is the experience of the “here”.  Thus, when asked the question, “So, did you go and visit the famous ruins of X?”  The answer is too often, “Yes, and let me show you the video I took of X.”  As opposed to: “Yes, and let me try and describe to you the beauty of X.”  Anticipatory living is not necessarily a negation of living the “here” of one’s life, or even the “now”; but it comes close to missing out.

For the Federal employee or the U.S. Postal worker who suffers 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 the Federal or Postal position, the need to file for Federal Disability Retirements benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is precisely the “here” that one is trying to preserve, by securing a “tomorrow” worth fighting for.

It is the “here” of one’s medical condition, the “here” of one’s health, and the “here” of some semblance of financial security that is the whole point of a Federal Disability Retirement benefit.  Yes, it is for tomorrow, and the process is a long, administrative headache that may not be approved until many tomorrows and another; but in the end, it is the “here” that is worth preserving, and the first step in securing a worthy tomorrow is by initiating the process of a Federal Disability Retirement application here and now.

Sincerely,

Robert R. McGill, Esquire

 

The Devaluation of the Federal Employee with Disabilities

Countries engage it deliberately with its currencies; economic circumstances force it based upon fluctuating market volatility; and the basic principles in capitalism of supply and demand will often expect it.

Currencies are never stable indexes despite the best attempts by countries to manage and control their economies; the fact is, in this interconnected world of global economic entanglement, devaluation of worth can occur overnight, just after the soft breathing of nightfall overtakes, but before the dawn of first light when the halls of stock markets in faraway colonnades lined in symmetrical facades open their doors for the business of commodity markets.

Fortunes can be made, and lost, overnight; but the devaluation of that which implicates worth, can just as easily fall upon the human soul.  Medical conditions tend to do that.  We exchange, trade, value and appraise based upon a commodity’s supply, demand, desire and greed of want; but when it comes to human beings, though we deny such callous approaches, the encounter with such baseness still prevails.

For the Federal employee or the U.S. Postal worker, facing devaluation is nothing out of the ordinary when a medical condition hits.  Once the Federal or Postal worker suffers from a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the avenue of choices becomes starkly clear:  One can try to hang on; one can walk away with nothing to show for those many years of dedicated and loyal service; or one can file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset.

It is the last of the tripartite alternatives which is the best option, and one which can secure a future for the Federal or Postal employee.  For, ultimately, the whole point of devaluation in paradigms of economic theory, is to stabilize the currency for future years; it is the experience of short-term suffering to attain long-term calm.  Economics is merely a microcosmic reflection of a macro-global perspective, and application of parallel principles are relevant to situations which might otherwise appear foreign.

Federal agencies and the U.S. Postal Service engage in devaluation, just as governments do, when the worth of the Federal employee or the U.S. Postal worker is seen in terms of productivity for the moment, and not for the long-term benefit gained for the future.

We live in a world of short selling trades; everything is seen for the immediacy of gain; but fortunately for the Federal or Postal worker who must contend with the attitude and approach of a Federal agency or the U.S. Postal Service in viewing the devaluation of the worker based upon productivity, the option of filing for Federal Disability Retirement benefits through OPM is one which is available, attractive, and allowable for those who are eligible to prepare, formulate and file for the benefit.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Comparative Living

We all engage in it; it is the genre of modernity by which one values and estimates.  With the shrinking world through sharing of information in this technological age, the greater minds have proposed that poverty can be erased and world hunger can be eradicated.  But in the reality of the microcosmic world of daily living, it has allowed everyone to peer into the living rooms of all, and in the process, the heightened camaraderie through shared information has become exponentially magnified.

There are positives for every change; but then, the negatives quickly follow.  Comparative living results in having a rigid sense that a linear form of life must be embraced, at all times, in all circumstances, and anything out of the ordinary constitutes failure of the first order.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition impedes and interrupts the planned flow of one’s life, and where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s job, consideration must be given to a changed life outside of the realm of comparative living.

Federal Disability Retirement is a benefit which allows for the essence of that which is most important:  focus upon treatment of the medical condition; prioritizing of that which is of the greatest impact:  health, life, and securing one’s future.  What other people do; how others think; where others are going; they all become comparatively of little worth.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management must be the focal point in securing one’s future, and any comparison of one’s life to others who continue on with their linear goals in a world consumed with measuring worth against everyone else, must be cast aside to secure the reality of a present need.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Days of Sisyphean Drudgery

The Myth of Sisyphus is well known, both because of the philosophical essay written by Camus, as well as through the Greek mythological narrative of the condemned figure to toil in endless meaninglessness, by rolling the boulder up the hill, only to watch it go down, and to repeat the process all over again.

For Camus and the existentialist viewpoint, it is in the very act of absurdity itself that meaning and significance can be derived; for the Greek citizen of yesteryear, it was perhaps the circularity of the human condition which provided for relevance in the telling of the myth. In either extrapolation, the powerful and profound story provides for an image of consequence in this modern age of technological overload, where causes are no longer believed in, customs no longer adhered to blindly, and social constraints no longer attached by meaningful obedience.

The absurdity of daily toil has come to a fruition point, where the great expanse of information in the age of the internet now destroys any definitional meaning, either in words, relationships, or for lives and livelihoods.  Crisis points often infuse momentary meaning in meaningless and mindless midpoints; and so, at the pinnacle of balance, just as the boulder meets the midpoint of the hill and balances for a millisecond upon the hill before “deciding” to roll forward, the point of reflective relevance engulfs Sisyphus within a frozen moment of infinity.

Medical conditions often have a similar effect and impact upon a life; for, in the turmoil of trauma, one asks those reflective questions as to the mundane:  what does it all mean?  What is the point?  But perhaps such questions of eternal queries last only for a brief moment in time, before pain, fear, angst and anxiety overtake; and in this physical world where materialism and the scientific narrative prevails and predominates, getting beyond pain and through the day, only to experience insomnia and unsolicited loss of solace is not enough to attain a meaningful existence.

Are there solutions?

For Federal employees and U.S. Postal workers who suffer from a condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, there is a likening of the work performed with the Sisyphean plight of the Greek mythological figure:  the greater bureaucracy representing the scene of turmoil; the medical condition representing the task itself; and the heroic feats of the meaningless in the context of the greater significance of life, surviving medical conditions and getting beyond pain, despondency, depression and anxiety, and the exit one attempts to find in order to escape from such a condition, leads one to that moment of absurdity and balance of the boulder at the pinnacle of the hill.

For the Federal employee and the Postal worker, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS or CSRS, is a way to attain a level of restorative capacity in order to escape the vicious circularity of the toil which only further exacerbates one’s medical condition.

While never the answer to all, obtaining OPM Disability Retirement benefits allows for one to move forward, and to progress beyond the absurd.  Otherwise, the disabled Federal employee or the injured U.S. Postal Worker may find him or herself caught in the web of another narrative put forth by another well-known existentialist philosopher, entitled, No Exit.

Sincerely,

Robert R. McGill, Esquire

 

Experience and Federal Disability Retirement Benefits

The vicious circularity of having or not having “experience” is comprised of the following: If too much weight is placed upon it and one is passed over because of its lack, then one will never be able to attain the experience needed in order to qualify; in order to attain experience, one must be given the opportunity to grow by trial and error; but such trial and error only reveals the lack thereof.

For most endeavors, the experience of undergoing X is merely a singular event, and one need not have repetitive encounters in order to aggregate a composite of a series of such events in order to become “better” at it.  For FERS and CSRS employees, whether a Federal employee or a U.S. Postal worker, the experience of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is normally just a singular lifetime event.

The experience itself may well be a difficult one; and while no prior experience is required in order to prepare, formulate and file for Federal Disability Retirement benefits, it is often a good idea to obtain the counsel and advice of someone with experience, in order to make the process a less-than-devastating experience.

Experience matters; experiencing an administrative process without the guidance of experience makes that experience all the more a difficult experience. It is in these conundrums of life that we find the true puzzlement of the tumultuous linear-ness of experiential phenomena, and for Federal and Postal employees filing for the difficult benefit of an OPM Medical retirement, such mysteries are made all the greater when one is left in the dark about the secret matters which boil in the cauldron of a witch’s brew.

Sincerely,

Robert R. McGill, Esquire