Tag Archives: employee fers disability retirement lawyer

FERS Medical Disability Retirement: Health at What Price

Everything has a price to pay — whether in terms of monetary value, or by some other quantification, by terms of labor, effort expended, a return of some negligible cost, etc.  In a capitalistic society, we tend to think always in terms of bartered values — is doing X “worthwhile”?  Does buying Y give me the best value for the money expended?

Then, there are times when no amount of money can “make up” for the experience or phenomena, as in precious moments with your kids, the expensive but “once-in-a-lifetime” trip to Rome; or even to a restaurant to celebrate an event.

In this country, where money determines status, accessibility and opportunity to an exponential degree, the language of price, value and bartering of commodities is diffusely peppered throughout our cognitive dictionaries.  Does everything have a price?  Can anything be bought, bartered and traded for?  Can you put a pice on your health?

For Federal employees and Postal Workers who suffer from a illness or disability such that this particular illness or disability prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal job, the issue of health — the deterioration, the chronic and progressive symptoms involved — is often tied closely to whether continuing to work at the Federal or Postal job further exacerbates the decline of your health.

When that point comes — of that critical juncture where continuation in the job adds to the decline of your health — then it is time to ask the question, My health at what price?

And when you arrive at that critical juncture, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider that important question, Health at What Price?

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 Government Disability Retirement: Predictive Choices

When a medical condition first begins to appear, Federal employees and Postal workers rarely predict or anticipate that Federal Disability Retirement will be the choice that must be chosen in the near-term — or even in the long term.  A medical condition arises; we go to the doctor to take care of it; we continue on with life.  We rarely “plan” in anticipation of filing for Federal Disability Retirement benefits.

The U.S. Office of Personnel Management, on the other hand, looks at an application for Federal Disability Retirement benefits, reviews all of the submitted progress notes of the treating doctor, looks at a person’s Performance Reviews and denies a Federal Disability Retirement application because you — the Federal or Postal employee — were able to work through your chronic medical condition, still received stellar performance reviews, and acted “as if” there was little to nothing wrong with you.

In other words, you continued to power your way through life despite your medical conditions.  It is unfair, isn’t it?  For, you are essentially being penalized for choosing to live life as opposed to making the predictive choice of filing for FERS Disability Retirement benefits.

Contact a Federal Disability Retirement Lawyer who specializes in OPM Disability Retirement Law and begin making the predictive choices which will reinforce your case for a successful Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Applying for FERS Disability Retirement Benefits: Balance

It is what we want to maintain, whether on a tightrope, a ledge high above in an apartment complex, or just walking from the living room to the kitchen.  For, without it, the silent agreement we have made with the objective world would suddenly topple, and we would be lying horizontally and seeing the world from the ground up, as opposed to the vertical manner in which we ambulate, and observing the world from above.

In our lives, as well, in addition to the manner in which we walk about, we talk about maintaining a “balance” — a metaphor, surely, about the proper coordination between work, personal time, family interaction, activities with or without relations, and the healthy engagements needed in order to perpetuate a semblance of sanity.  We also talk this way about the medicines we ingest; of dietary balance, chemical imbalances and a more Aristotelian view of remaining in the “middle ground” where the two extremes are avoided.

Life itself is a force to contend with; for, it is “life” in general which is in a constant battle against us, trying to tip our equilibrium and mess with that “balance” that we all strive to maintain.  Medical conditions, as well, suddenly tip the balance with gale-force winds that irreverently disregard our wants and needs.

For Federal employees and U.S. Postal workers who sense this “out-of-balance” world because a medical conditions has tipped the scales and made everything out of whack, filing for Federal Disability Retirement benefits through OPM may be the answer you are looking for.

Medical conditions themselves have a way of making life “out of balance”, and it may be that a Federal Disability Retirement annuity is what is required in order to bring things back into their proper order and balance. Consult with an attorney who specializes in FERS Disability Retirement Law; for, in the end, it is balance maintained which allows for the regaining of one’s health, while all of the “rest of it” is trying to perpetuate the chaos of imbalance.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Best/Worst Case Scenario

It is a procedural approach, and those who engage in it often have the greater talents akin to science, engineering, mathematics and symbolic logic.  It is the person who views every contingency in terms of best and worse case scenarios before deciding upon a determined course of action.

But how accurate is the “best” and the “worst”?  How can one determine if the informational input that is “fed” into the substance of that which will result in the output of what is described as the “best” and the “worst” is accurate enough to make it even worthwhile?  Does a gambler enter into a casino and make such assessments? Of thinking to him/herself in terms of: If I place X amount on the table and lost it all, what is the best case scenario, and what is the worst?  When a person begins a career, does he or she begin life with the same approach?  How about marriage?  Or having children?  Or, is it more likely that such an application really has a very limited impact, and should be used sparingly in the daily events of life’s encounters?  Is that a false set of alternatives precisely because there are many incremental and relevant “in-betweens” that may determine one’s course of action?

Perhaps the picture painted of the “best” scenario of outcome determinatives need not be the basis for one’s decision, and even the “worst” case scenario need not be the minimum standard or quality of life that we would accept, but somewhere in between or just shy of that extreme cliff that we have described?  Perhaps they are false alternatives when we present it in that light, with only those two extremes of alternative realities to consider?

For the Federal or Postal employee 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 employee’s job with the Federal Agency or the Postal Service, preparing an effective Federal Disability Retirement application does not need to be based upon false alternatives presented, but should instead be based upon a pragmatic step towards recognizing the reality of one’s medical condition, its impact upon one’s capacity and ability to continue in a job or career that may be detrimental to one’s health, and proceed based upon the totality of factors considered – but primarily with a view towards safeguarding one’s health.

Health is that “other factor” that tips the balance of what is the best or worst case scenario; for, in the end, there is no scenario at all without one’s health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Worker Disability Retirement: The minor incident

Does history alter significance of incidents as time heals or otherwise events are forgotten?  Does the perspective of the one directly (or even indirectly) impacted make a difference upon the writing of history, or is it as some cynics have countered – that history is the written narrative of the victors, and everyone else is merely annotated as mere footnotes, if at all?

As the Great War became overshadowed by World War II, or as some historians argued that it was merely a singular war with a brief interlude between; will other wars that follow, as memories fade and the dying veterans no longer appear at parades and salute the tombs of those fallen, overshadow the epic battles fought, the bravery shown and the comrades buried beneath silent crosses of lonely nights?

The private lives that each of us live, and the minor incident that looms large within the encampments of our own minds; the designation of “minor” depends upon a perspective, does it not?

Reading history is an interesting endeavor, if only because it expands by bringing in a third-person perspective of events beyond, issues not thought of, and incidents that never took center stage.  The authors, now dead, of second and third-tier fame, who may have had a book published here or there but are now forgotten upon dusty bookshelves that librarians never notice; and most of us are merely minor incidents in the greater traffic of life’s misgivings.

For Federal employees and U.S. Postal workers who suffer from a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, perspectives matter.  A “minor incident” at work can become a major issue – and the medical condition one suffers from, or how the agency views the interaction between the minor incident and the natural consequences of working with a medical condition – and one’s viewpoint in contradistinction to the perspective of the agency can be important.

Whatever the issues that may come about or arise during the process, this much is clear: The Federal agency or the Postal Service has one “viewpoint” about your medical condition, and you have another.  The difference is, you have to suffer the medical condition, while the agency sits idly by and scoffs at the major event as if it is a minor incident.  That may mean that it is time to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset.

Let the determination about whether a specific incident is minor or major be left up to the historian of tomorrow; what you, as a Federal or Postal employee must do, is to contend with the issues of today, and especially the medical condition from which you suffer, and which is far from being a minor incident.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Government Employment: Stamina

The Latin origin refers to “threads” and the foundation of a fabric; of endurance, strength and the power to resist.  It is the energy that is sustained, propelling the essence of a person’s illuminated core that lasts despite the destructive tears and moth-eaten wear that may slowly deteriorate the woven fabric that slowly untangles the aggregate of the cloth.  Fabrics are peculiar entities; there are enough analogies made of them, of the correlative concept that the singular threads poses the threat of weakness and inability to survive, but the collective aggregation with each additional reinforcement provides an almost invincible compendium of strengthened stalwart.

How does one cut through such a wall or obstacle?  By going back to the origins and roots – by cutting one thread at a time where the fray is shown or the weakness manifested; and thus do illnesses, viruses and medical conditions begin to deplete the human stamina that once possessed the power of endurance and energy to resist.  It may begin with a short period of illness, where the system’s immunity is attacked.

At first, the body still has the collective energy of reserve to easily fight off the infection.  Then, however, work, life and responsibilities compel one to do the very opposite of that which the body requires in order to recover – instead of resting and allowing the reconstruction of one’s immunity, the body is forced to undergo the stresses of modernity by going back to work, being compelled to endure despite the weakened state, and by sheer power of will, to ignore fatigue, sleep and the call for peaceful rest.

Then, by the body’s internal mechanism of using stored spurts of petrol, with the internal coursing of adrenalin to become the lifeblood of fueled turbo-infusions, a functional state of recovery is felt; except that, by chance, fate or bad luck, a regressive second stage is brought on by a subsequent attack, a recurrence of the illness or some other foreign invasion, and further debilitation occurs.  It is at such a critical juncture that we often make the mistake of trying to get a “quick fix” to the problem, and either ignore it, push through or fail to recognize the danger-symptoms.

Stamina requires rest and restoration in order to maintain the warehouse of vitality; it is meant for the long haul and the constancy of endurance for the period of human life.  By abusing the privilege of the woven fabric gifted, we allow for the edges to fray and the vulnerability to become exposed.  The natural need for rest is a luxury we can no longer afford in modernity, and so we push onward despite the warning signs imminently cautioning such paths of self-destruction.

For Federal employees and U.S. Postal workers who are contemplating filing 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, the dual challenge must be faced:  First, the acceptance of one’s medical condition and disability, and the use of one’s stamina to endure that new state of acceptability; and, second, to push through the lengthy process of preparing, formulating, filing and waiting upon the administrative morass of a Federal Disability Retirement procedure.

In the end, the Federal and Postal employee who by necessity of a medical condition must undergo the complex bureaucratic process of filing a Federal Disability Retirement application, will have to utilize the stored stamina that is the fabric of life, and continue to maintain the frayed threads of that vital energy which is the essence of beginnings.

Sincerely,

Robert R. McGill, Esquire  
OPM Disability Retirement Lawyer

   

Medical Retirement for Federal & Postal Employees: Usurping dreams

What happened to them?  Where did those once youthful and exuberant conduits taking us beyond the monotony of the present disappear to?  When did we allow for “practicality” and “being real”, of “growing up” and “becoming responsible” to usurp the dreams of our youth?  Did we misjudge, misunderstand and misapply the principles first taught, and confuse the two concepts – of having a “realistic viewpoint” and abandoning all dreams and hopeful fantasies?

The two are not mutually exclusive; one can still work upon one’s dreams, yet go about the work-a-day world to make a living and pursue a career.  Ah, but then, life intervenes and interrupts, doesn’t it?  Is that why children are delayed, trips are cancelled and i-phones are kept in sacrosanct altars beneath the altered photographs of our imagined pasts?  Is the procrastination invited, the delayed life intruded upon and the project-time of 5-year plans extended, precisely because if we keep pushing beyond and giving ourselves excuses for inaction, there will one day come a time when we will admit that it is too late?

Usurping dreams is the insidious encroachment of cynicism shadowing our once promising beginnings, and the pendulum that allows for the heavy turn when clocks no longer run, thoughts become stale and creativity is suddenly disposed of, then the stench of human decay begins to set in, and we slowly die a death we once mourned in the youthful hope of our former times.

Usurping dreams is like the virus that gnaws away at the flesh of joy; usurping dreams is like the broken cane that once held the weight of an old man’s hand and allowed for ambulation, and no matter how many time you tape it together or glue the fissure, the weakest point of the break never quite heals; and usurping dreams is like the Book of Plans once gathered, then put aside into the cellar of one’s forgotten memories, only to remain in haunting whispers, always calling, never being heard but in the darkness where fears are touched and enlivened by the sunlight never quite seen for want of bringing back those youthful memories of exuberant smiles and unselfish shouts of pure happiness.

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 the Federal or Postal job, the question is:  Did the career do it; did the medical condition do it; or is there still hope beyond the medical condition and the career?

Preparing a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, has now become a necessity.  The only real question remaining is whether the same pause which allowed for usurping of dreams those many years ago is the identical weakness of groundless fears that prevents you from taking that next step into a still-hopeful future.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Employees: Under the clump of olive trees

There are certain phrases that turn one’s attention, and daydreams of exotic lands and foreign places become projected onto one’s imagination, like camels, Arabian nights and sand dunes in faraway corners.  But, then, reality imposes itself; such places probably exist a few miles hence; those distant lands are now war-torn and deemed by the State Department to be forbidden avenues for sightseers and tourists in cut-off shorts and Hawaiian Shirts (did you know that the latter are apparently “back in style” – as if they ever were?), with warnings and cautionary predictions where officialdom has already evacuated the premises.

The soft snore from a picturesque scene:  the shepherd with a crooked walking stick, the flock grazing in the near distance; a straw hat edged slightly over the forehead, an arm lazily twisted behind as a pillow against the rocky surface; under the cluster of the olive trees, where a partial shadow allows for the coolness in the heat of midday slumber.  Or, what of a child’s delight in fairytales and picture-books, of Arabian nights with camels chewing silently while tents alight with shadows from within reveal the soft mutterings of foreign tongues, yearning for the delectable offerings sizzling atop the burning fires glowing in the star-filled twilight of the vast ocean of sand dunes and shadows.

Of course, those days of yonder years are now gone forever.  There are no scenes of picturesque quietude; in modernity, every corner of the earth has already been visited; the Himalayan monk sits with earphones and scans the images of Facebook and the world he abandoned for prayer, meditation and enlightenment; and that herd of camels has now been replaced by hooded terrorists lurking to kidnap and maim.  Yet, we all retain and preserve those images of quietude and peaceful reserve; in an insane world, a virtual universe of sanity is necessary, even if non-existence must be acknowledged and admitted to.

For each of us, perhaps it constitutes a minor variation:  becoming lost in a sports league; watching movies in regularity of escaping; a hobby in the cavern of one’s garage; physical labor or forlorn love with strangers; this is a society which requires distraction.  Or, as Heidegger puts it, varying projects in order to avoid the ultimate encounter with Nothingness.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition creates a working hell at work, what comprises the image of resting under a clump of olive trees?  Certainly, not the daily grind and antagonism experienced by supervisors, managers and coworkers who disallow any meaningful contribution because of the limitations imposed by the medical condition itself; and, certainly not the enduring of pain and anguish implemented by the constant fight against the illness.

Filing for Federal Disability Retirement benefits is a pathway, for many Federal and Postal employees, to a state where one can attend to, and focus upon, caring for one’s self.  OPM Disability Retirement is a benefit which is part of the employment package for all Federal and Postal employees, and utilization of it requires a proper formulating, preparation and filing through the U.S. Office of Personnel Management, in order to prove one’s entitlement to it.  It is a “means” to an “end”; and the means provide for a pathway outside of the daily pain and suffering which defines one’s life; the “end” is that virtual image we all strive for – to lay one’s head upon a comforting pasture under the clump of olive trees.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Urban decay and the relevance of rye

There is a reason why phoniness cannot survive or endure for long on a farm, as opposed to the urban decay of mass population centers; the animals won’t stand for it, and there is no one to be pretentious for, when hard work, sweat and toil replaces the incessant striving for acceptance, consumption and coercive condescensions.  It is not an accident that Caulfield spends his time in the decay of urban life, amongst people who display a duality of faces and concealed motives, while all the time dreaming of an imaginary existence in a field of rye, catching all of the children who may run astray in the innocence of their blinded youth.

It is because the pastoral settings of American lore have always had a fascination of timeless yearning; as only a few generations ago saw the destruction of most of human existence, before the Great Depression, the Dust Bowl, the desertion from rural countryside and mass migration from bank foreclosures and independence wrought and molded from self-sufficient living, so the age of modernity witnesses what the aggregation and amalgam of mass population intersection does to the soul of the individual.

Like the composite alloy which fails to fuse, the dental fillings crumble with time and decay by sheer inability to blend; the only means of survival is to pretend that all is well, that the ivory towers built, the emperor’s clothes which fail to fit, and the harmful toxicity which destroys — they all work, except behind closed doors in cubbyholes of private thoughts when the night no longer conceals and the truth of ugliness pushes to the forefront.

On a farm, or in the fields of rye where the crops must thrive and children may run in the innocence of their unpretentious exuberance, only the silent stares of barnyard animals look for judgment of purpose, and as pretending never gets the work done, so the need to put on a face of concealment does nothing but waste time and needless effort.

For the Federal employee or U.S. Postal worker who witnesses the daily bifurcation between truth and reality, sincerity and concealed hostility, it is the openness of a medical condition which often breaks down the barriers of pretentiousness.  Suddenly, you become the target of meanness unspoken, of harassment barely veiled, and small-mindedness partially concealed.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, looked upon this way, is really no big deal when contrasted to what has occurred just before the act of filing; for, the sores which erupted and the boils that ruptured, were already seething beneath a mere veneer of civility, and the actual submission of a Federal Disability Retirement application is to bring out the obvious.

Whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the act of filing an effective Federal Disability Retirement application —  first through one’s Human Resource Office of one’s own agency if the Federal or Postal employee is not separated from Federal Service or the U.S. Postal Service, or even if separated, for not more than 31 days; otherwise, if separated for 31 days or more, but less than 1 year, then directly to the U.S. Office of Personnel Management — is to merely unveil the phoniness of niceties and civility engendered, but now to openly see whether the Federal Agency or the U.S. Postal Service will remain true to its promise of non-discriminatory treatment of a Federal or Postal employee with an identified medical disability.

And like the job of the catcher in the rye who stands guard for those wayward children innocently running through the fields, oblivious of the lurking dangers just beyond in the urban decay of unconstrained emptiness, it is the lawyer who admonishes with the laws to enforce, which often prevents the weakness of the nets that fail to catch that heavy tumble over the cliff of a bureaucratic abyss.

Sincerely,

Robert R. McGill, Esquire