Tag Archives: employees benefits fers laws

FERS Medical Retirement: The Chance for Success

It is what everyone wants to know; we have all been accustomed to relying upon percentages — of probability theories from the likelihood of being struck by lightening to whether we will be attacked by a shark while swimming in the ocean (in both instances, of course, various factors come into play, as in: If you don’t venture into those circumstances which favor such calamities, the probability of such occurrences precipitously drops).

Or in the case of divorce, for example — Does including Elizabeth Taylor in the statistical analysis skewer the numbers— or those in Hollywood generally?

One can argue as to the accuracy of statistical analysis by questioning the data used, but we nevertheless seek assurance and find refuge in numbers, because of the impenetrable mysteries surrounding numerical certainties.  Math is a uniquely different language, and most of us struggle with comprehending its complexities while simultaneously defending its infallible status in the universe.

For Federal Gov. employees and U.S. Postal workers who have filed, or want to file for Federal Disability Retirement benefits under FERS, the question often posed is — What are the chances for success?  The answer, of course, is: It all depends upon the various factors underlying your own particular case.

However, one thing is quite certain: You must be prepared to fight for your case, a each and every stage of the process.  You must prepare an arsenal of weapons — not the least of which, includes the legal cases which favor and support your case.  It may be a self-evident proposition, but here goes: If you are not willing to fight aggressively against the U.S. Office of Personnel Management, you will surely lose.

So, take this simple advice from an experienced lawyer: Filing for Federal Disability Retirement benefits is not for the “faint of heart” and must be engaged in only with a view towards a “long and arduous slog”.

And as for the chance for success?  With the guidance of an experienced Federal Disability Retirement Lawyer, it can be exponentially enhanced.

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 for Federal Employees: The Stresses of Life

And there are many.  Whether the mere acknowledgement of their existence helps to reduce the level, quantity and qualitative impact, is of course an unknown factor.  Psychology is not a perfect science — if in fact it is a science at all — and “talk therapy” may not be the course of efficacious betterment for everyone at all times and in all circumstances.

We were all told that life would get better if: If the world became more “connected”; If new drugs were discovered to control our stresses and anxieties; If a certain standard of living were to be achieved; If …. Yet, somehow, despite all of the technological advancements which have been made, of “time-saving” devices and gadgets which enhanced our capabilities to become more productive — somehow, the stresses of life seem to exponentially compound our problems.

For Federal employees and U.S. Postal workers who suffer from a medical condition — perhaps with an identifiable onset from the stresses of life — Federal Disability Retirement may be an option to consider.

Consult with an OPM Disability Lawyer who specializes in FERS Disability Retirement Law, and begin the process of shedding yourself of at least one of the unwanted stresses of life: Dealing with the U.S. Office of Personnel Management in trying to obtain an approval of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: Life’s Challenges

It may not seem so at the time.  Often, during encounters, we consider them as threats, annoyances, “the world is unfair” muses, and would rather avoid them and get on with the routine of our lives.

We hear people talk about “challenges” and “journeys”, and we scoff at such language games and euphemisms as being mere facades behind which lay the true nature of existence: fear, loathing and a greater sense of bitterness.  Why me?

Medical conditions are, indeed, challenging; and whether you characterize them as “another journey”, a bother, one of “life’s challenges” or a greater annoyance which cannot be avoided — it is an existential reality which must be faced.

In facing one of life’s challenges, it is a good idea for the Federal or Postal employee who must consider filing for Federal Disability Retirement under FERS to consult with a OPM Disability lawyer who specializes in Federal Disability Retirement Law, lest the annoyance and one of life’s challenges turns out to be somewhat more than that — a disaster that could have been avoided.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The world of faded photos

There is an anomaly contained in the attempt to “save” faded photos; it is an oxymoron of sorts, where modernity erases the backwardness of yesterday, and yet, at the same time, wants to preserve it.

We have all heard about companies that exist which “preserve” outdated family movies, photographs and taped recordings of distant times; it is all placed, preserved, edited and presented in a convenient “thumb drive” or in some “cloud” in the ethereal universe of a web-based phenomena.  That faded photograph, beautiful in its brown crispiness of an elderly man or woman who looks serious, because in those days having one’s image preserved for posterity was a serious undertaking — in contrast to today’s selfies immediately downloaded and uploaded into a social medium that is quickly disseminated to countries worldwide in an instant, displaying a foolishness that would shock a generation or two of those removed from such technological “advancements”.

The world of faded photos is an universe of past histories now forgotten, frozen in time by a captured expression depicting a time before, now replaced by a time after, and forever remaining in the memories of those who have survived but now sit quietly in nursing homes of corners relegated to mere existence in darkening folds of dementia and antiseptic coils of plastic tubing extending lives beyond what the photographs themselves intended to display.

The world of faded photos defy the modern attempt to preserve that which was meant to last for a generation only, just as men and women try in futility to ignore mortality by cosmetic corrections that makes for appearances which procrastinate the inevitability of time’s ravages.

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, whether under FERS, CSRS or CSRS Offset, the world of faded photos is the one that you remember “before” the onset of the medical condition, and instead of attempting to “preserve” the photograph, it is best to recognize that the image you see in the mirror today is the one worth protecting, and not the faded daguerreotype of yesterday, and the best way to do that is to prepare, formulate and file an effective Federal Disability Retirement so that you can secure some semblance of your future, and not be frozen in the timelessness of the world of faded photos.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Legal Representation for OPM Disability Retirement Claims: ‘To’ and ‘For’

What would be the difference if, in the title of Willa Cather’s novel, “Death Comes for the Archbishop”, she had instead chosen to use the word “to” in replacement of “for”?  Would empires have fallen, world wars have been averted or earthquakes and other natural disasters have been delayed?

Likely, not; but would the countless minds that have encountered the novel, enjoyed its beautiful prose and admired its humanity and warmth in the telling of a tale of a time long past and a period now gone — would anyone have even noticed?  Is there a difference with a distinction: “Death Comes for the Archbishop” as opposed to “Death Comes to the Archbishop”?

Some might dismissively declare, “In any event, the Archbishop died, didn’t he?”  The subtlety of distinction — should it even be brought up?  Would that the title was of the latter instead of the former — would anyone have even noticed?  Is there a grammatical point of difference; is one “more” correct than the other?

Certainly, the “sense” that is employed exists — where, the “to” has a much more objective and distant, impersonal “feel” to it, whereas the “for” personalizes it, gives it warmth, almost as if “death” is a person as opposed to an event, and the “for” makes it a personal possessive as opposed to the “to” that connotes an arms-length relationship between the object and subject.

Are the prepositions interchangeable?  If a person is stricken with grief over a tragedy and a close friend arrives to provide comfort and says, “I came for you”, it would be a statement that would be considered heart-warming.  If, under the same circumstances, the person instead declared, “I came to you” — would we, again, mark the difference or even notice?  It is, certainly, a statement of objective fact — the person objectively traveled and arrived at destination Point B from origination Point A.

Again, the subtle distinction — the “for” connotes a greater personal warmth as opposed to a simple statement of fact.  It is, in the end, the subtle differences that sometimes makes the entirety of a distinction that makes the difference.

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, the distinction between “to” and “for” is often the difference between living a life worthwhile and one that remains cold and impervious.

Human beings are often careless in their personal relationships; and the test of such caring or uncaring attitudes will often surface when a person is going through a trial or tragedy, and preparing, formulating and filing for Federal Disability Retirement benefits through the complex and impersonal administrative process of the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will often test the workplace relationships because of the self-interested motives that exist with agencies and the Postal Service.

Some coworkers, supervisors and others will distance themselves immediately, and they will remain in the category of the “to” people; while other coworkers, managers, supervisors, etc., will surprisingly be there “for” you.  Willa Cather chose the preposition “for” over the “to” because she was an excellent author, and it is the excellence of a human being that is revealed in the subtle differences we often overlook.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Confidence and Self

When attached to someone other than a “self”, the issue can always allow for suspicion of absence; for, just as we can never fully know someone else, no matter how long we have been acquainted, how many decades married, and how well we have queried, interrogated or otherwise cross-examined, so the capacity of mystery may still remain that surprises us on the other’s deathbed.

What if you were married to someone for half a decade, and every Thursday during the entire blissful state of matrimonial embrace, the significant other went out to purportedly play bridge, or for a “night with friends”, or some other innocent activity encouraged and tolerated (if only because it gave you a break from the daily routine and monotony as well); and, on a twilight’s confession before departing this world, you learned that through all of those years, those many decades and countless hours of being left out, left behind or otherwise excluded, you learn that instead it was for another reason?  Would the reason itself make a difference?

Say, for instance, it was in order to see a therapist each week – would that then result in a question of confidence – whether about one’s own adequacy in supporting the loved one, or concerning the other who felt the need not only to seek help, but moreover, to keep it hidden all of these years?  Or, change the hypothetical for a moment, and instead posit that an “affair” had been ongoing for decades – would that shatter the confidence of fidelity one had in the other, or perhaps in one’s self as to an ability to “know” the world about, and come to be shaken to the core such that you could no longer believe in anyone, anything or any story, including the narrative of one’s own life that always previously appeared to be “happy” by all or most accounts?

Confidence is a fragile entity; a characteristic of the soul that takes but a minor injury to suddenly catapult into a traumatic event; and the “self” is always a mystery that the “other” can never quite grasp, no matter how many decades of study and analysis.

That is why a medical condition is so often an insidious invader and purveyor of shaken confidence, because the equation of physical or psychological derailment works upon an already fragile essence of the human self.

For Federal employees and U.S. Postal workers who can no longer perform one or more of the essential elements of one’s positional duties at the Postal Service or the Federal Agency because of a medical condition that intervenes and interrupts, the need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often intimately interconnected with issues of self, confidence, and the compound of the two – self-confidence.

It may be that the actions of the Federal agency or Postal facility have completely shattered and shaken one’s self-confidence; or, that confidences previously protected and privacy once thought to be inviolable have been breached; whatever the reasons, a medical condition will often invade the core of a self in doubt, and the confidence of one’s self may need to be repaired by preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Necessary steps to take in an unserious age

Adding the prefix implies that, beyond altering the root word, its conceptual opposite existed in a time prior to modernity and the present discourse of silliness.  The addition denotes a moment of opposition, where lack of substance occurred and the negation of irrelevance prevailed; and now we are left with a word which connotes a denial of that for which we yearn.

Every age has its follies; some epochs of upheavals are mere potholes in the history of revolutions and uneventful hiccups barely mentioned in those thick books which purportedly analyze decades, centuries and civilizations risen and fallen; and we must always look askance at grand designs and declarations which claim to have captured the essence of any given era.  But there is little doubt, and any shadows casting beyond the twilight of our own laughter and self-deprecating humor will only confirm the boundless limitations of such a statement of self-denial:  this is an unserious age.  There.  It has been stated.

Unequivocally, and with aplomb of non-judgmental claim to authority; how one would attempt to deny the truth of the matter, when the majority of the population spends eternal and endless time staring vacuously at a flat screen of fluorescent lighting, viewing, reviewing and re-reviewing videos of virtual reality unconnected to the objective world surrounding; where the reality of daily living has been subsumed by the politics of cult following and personalities designed more for advertising than for leadership; and so it goes.

There are, however, realities in such silliness that must still be faced, whether voluntarily or through force of encounter unavoidably demanded by the collision of life itself.  Medical conditions tend to do that to us — they demand our attention, and refuse to compromise our efforts at avoidance.

For Federal employees and U.S. Postal workers who find that a medical condition impacts his or her ability and capacity to perform all of the essential elements of the Federal position or U.S. Postal job, the next steps necessary in order to prepare an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, must be taken with a deliberative purpose in order to attain that level of plateau in life, where attending to the medical condition itself becomes prioritized.

In an unserious age, it is easy to get distracted and sidetracked, when the world around doesn’t take as weighty the cries for help or the means to achieve.  In a world of relative worth, where everyone has been arguing for decades that everything is “equal” and that “fairness” is defined by everyone looking, being and acting the same as everyone else, it is difficult to shake out of the deep stupor that society has wrought; but when the reality of circumstances hits us, as a medical condition surely does and will, it is time to shed one’s self from the prefix of “un”, and seriously consider the proper and effective preparation of a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, forthwith and with efficient pinpointing of accuracy.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Life’s Repertoire

It is one thing to have a stock of memorized pieces or performances from which one can reach back and employ, like an inventory of dusty artifacts which can be brought out for display upon request; quite another, however, to reveal it, dust off the residue, begin to showcase it, then be interrupted and, without missing a beat, to ad lib above and beyond the prepared piece.  The tape recorder (does anyone even remember what that contraption is or was, in this digital age?), the CD, the digital device; once set, it can only be altered by enforced remixing.

The human being, however, can adapt and respond according to the vicissitudes of changing and demanding circumstances.  The best jazz musicians are the ones who can go with the flow, and change from the vast spectrum of rising keys and notes in the flash of a feeling; as the blare of the trumpet, the sax or the flugelhorn rhythmically calls upon the beat of the drummer.  It is, in the end, the repertoire which we carry, from which we can wander; without the inventory left in reserve, we would have nothing to start with.  In life, we rely upon that repertoire to carry us forward each day.

For the Federal employee or the U.S. Postal worker who becomes beset with a medical condition, such that the medical condition begins to interrupt one’s stock of daily routines, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, becomes an important part of that inventory.  Yes, it is an inventory of change, a repertoire of alterations; and some ad libbing must be engaged; but much of life’s repertoire has been unusable, anyway, and the forced alterations may stretch one’s limitations, but rarely break.  Procrastination, avoidance, neglect and suppression of the inevitable — they are never the stock and trade of the best of jazz musicians.

Rare is the Federal or Postal employee who is also an accomplished jazz musician; but in the privacy of one’s home, the Federal or Postal employee who is forced to consider preparing, formulating and filing for Federal Disability Retirement benefits through OPM because of an interruption from a medical condition, is one who must ultimately toot his own horn, in his own time, and in his own unique way, whether forced or not, and to reach back from the vast repertoire of life in facing the challenges in confronting a medical condition both unexpected and unwanted, but there anyway, as another obstacle to overcome in this thing we call a journey of life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Out to Pasture

There is a natural proclivity by the previous generation to resist the transference of authority before its designated time; the conflict arises not as to the inevitability of such change, but rather as to the appropriate context, procedural mechanisms instituted, and the care and sensitivity manifested.  And that is often the crux of the matter, is it not?

The brashness and lack of diplomacy and propriety; the insensitive nature of youth in trying to take over before paying one’s proper dues; and a sense that the young are owed something, without paying the necessary price through sweat and toil.  And the older generation?  From the perspective of the young, they are often seen as intractable, unable to face the reality of the inevitability of generational transfer; the ideas once seen as new and innovative are mere fodder for laughter and scorn.

Such treatment of those on their “way out” are often given similar application for Federal employees and U.S. Postal workers who show a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Such employees are viewed as those being “put out to pasture”, and as something less than human, partial in their worth, lacking of completeness, and needing to be shoved aside to make room for the healthy and fully productive.

Resentment often reigns; the insensitivity of the approach of agencies in their bureaucratic indifference is often what prevails; and once the exit is complete, those who were once the warriors and conquerors of yesteryear, are mere vestiges of forgotten remembrances of dissipating dew.

Always remember, however, that there is another perspective than the one which is left behind.  For the Federal or Postal employee who is put out to pasture by one’s agency, there is new ground to break, fresh challenges to embrace.  The pasture that one enters need not be the same one that the former agency considers; it is the one which the Federal or Postal Disability Retirement annuitant plows for himself, and whatever the thoughts and scornful mutterings of that agency left behind, they now have no control over the future of the Federal or Postal employee who has the freedom to follow the pasture of his or her limitless dreams.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: The Afterthought

It is perhaps best that anticipatory planning, based upon predictive analytics, is an afterthought for human intuition and predilection of priorities in life.  Otherwise, one can remain in a world of obsessive preventative maintenance of efforts, and never accomplish what needs to be done today.

Future forebodings aside, and whether an individual engages in hazardous duties which exponentially increase the statistical curve for the onset of an occupational disease or injury, or the development of a medical condition through repetitive and overuse of a particular appendage or anatomy; regardless, the bifurcation of thought from the daily aches and pains from one’s body, warning of impending and future difficulties, is ignored and banished, to be reflected upon in some future corner of pondering.

Human beings have an almost unlimited capacity for relegating present concerns to the realm of an afterthought, and the benefit of disability retirement will naturally take a backseat for those in the youthful set, precisely because disability is associated with thoughts of avoidance, sort of in the company of old age, infirmity, and early onset of dementia.  As well it should be.  But for Federal employees and U.S. Postal workers who find themselves with a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform all of the essential elements of one’s job, and therefore becomes a threat to one’s livelihood, the afterthought becomes the primary issue, and it is then that one sounds a heavy sigh of relief in knowing that an employment benefit includes a Federal Disability Retirement packet.  But once the acknowledgment comes to the fore, the reality further hits one, that you must prove your case, and it is not merely a matter of entitlement.

Federal Disability Retirement, filed through one’s agency if you are not separated for over 31 days, must ultimately arrive at the doorstep of the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  OPM is the agency which makes the decision upon a Federal Disability Retirement application (and that’s the reason why this medical benefit is also known as ”OPM Disability Retirement”).

While there are minimum time in-service requirements (18 months under FERS and 5 years under CSRS), it is the compendium of proving one’s case under the legal standard of preponderance of the evidence, which must be submitted in order to win.  Afterthoughts are human evolutionary means of avoiding unseen dangers; but when the afterthought becomes a present danger, it is time to become aware of the surroundings, context, and content of the formidable opponent one must face.

Sincerely,

Robert R. McGill, Esquire