Tag Archives: failed fitness for duty evaluation federal worker

OPM Disability Retirement under FERS: Quality of Life

It has never NOT been an issue in American life; for, with the opportunities available, modernity has placed a focus not just upon “living”, but upon a more grand concept:  That of “living well”.

The cemeteries and unmarked graves of silent history’s fallow grounds are filled with unstated sorrow and grief; and while modernity now knows of wealth and luxuries beyond the wildest imaginations, the past has known great poverty and suffering.

Prior to the age of refrigeration, much of every day was obsessed with preparing the next meal.  Between work just to eke out a living and considering what the next meal would be, survival was the point of existence — until the rise of the “middle class” upon the dawn of the Industrial Revolution.

Quality of Life?  Was that even a concept conscious for consideration?

For Federal employees and U.S. Postal workers who suffer from a medical condition where that medical condition will no longer allow you to perform all of the essential elements of your job, the concept of “quality of life” must by necessity enter into the equation.

The endless cycle of work-to-weekend and back to work, where the weekend is merely for purposes of resting those chronic medical conditions in order to have some minimal energy-level to make it into work — well, you know the routine, and that vicious cycle is certainly without any “quality” to the life one leads.

Federal Disability Retirement benefits are meant to rescue you from the loss of quality of life.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and let not your life reflect a period of history which was supposed to remain quiet in the fallow grounds of past burial grounds.

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 and Federal Employee Disability Retirement: A Sense of Unease

It comes upon us at various moments and at unsettling times.  The problem, however, is that we all believe in our own “intuition” — that mysterious “sixth sense” that 4 a.m. radio programs like to talk about, about the eerie phenomenon of strange happenings, haunted houses and voices heard from another world.

Why we focus upon old Uncle Ben from the netherworld when there are enough unsettling events occurring right before our eyes, is a question we never ask and fail to answer.  The answer is: What is mysterious as a 3rd-party distraction is more interesting than the events unfolding before our very eyes.

The reality is that this time — the very times we live in now — has enough to give us a sense of unease.  A government which is not working; a country that appears fractured into 2 parties constantly fighting; a “gig” economy that appears to be in constant flux; wars, endings of wars, mass evacuations; no wonder there is a sense of unease.

Then, when a Federal or Postal employee suffers from a medical condition such that the medical condition impacts one’s ability and capacity to work in the chosen field of one’s career — that, in and of itself, can bring about a greater sense of unease.

Time to consult with a disability attorney who specializes in Federal and Postal Disability Retirement Law.

Preparing an effective Federal Disability Retirement application under FERS will not necessarily alleviate the sense of unease twirling about in the greater universe, but it will at least address the turmoil within your personal and professional life.  And that, of course, is the first step towards ameliorating the sense of unease.

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.

 

Attorney Representation for OPM Disability Claims: Steps of Deliberation

Steps of deliberation must be taken to accomplish anything.  By deliberation is meant: A plan based upon knowledge; actual progress towards a goal; a recognition of the strengths and weaknesses of a case; and the application of any and all advantages which can be engaged.

Obtaining a Federal Disability Retirement annuity requires those steps of deliberation: Knowledge of the process; steps toward the end-goal; assessment of the legal criteria and their applicability; citing of past case-laws which possess persuasive influence in arguing your case.

Consult with a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and begin actually moving forward in the steps of deliberation which will result in a successful outcome.

For, it is those first steps of deliberation which determine the course of one’s future, and Federal Disability Retirement is ultimately nothing more, and nothing less, than securing one’s future by stabilizing your financial outlook in a retirement you have worked so hard to obtain.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Workers with Chronic Medical Conditions: Unexpected Changes

Why are changes so often unexpected?  Do we expect that everything will always remain the same?  Is it our expectations which require stability, or our needs?

Change is all around us.  Decay and death are a daily part of nature.  The incremental nature of change — of the slow, degenerative process of life which is barely perceptible from day to day, but clearly evident when one views frozen snapshots from decade to decade — allows us to fool ourselves that change is not inevitable.

For Federal employees and U.S. Postal workers who never expected that filing a FERS Disability Retirement application would ever be necessary, the resistance to change is a natural response — resistance first to the medical condition itself, of not accepting that it could “happen to me”, etc.  Then, the resistance to taking the next steps in preparing, formulating and filing a Federal Disability Retirement application.

Yet, it is clear that the opposite is true: That change is to be expected, for that is the nature of the world.

Contact an OPM Disability Lawyer who specializes in FERS Disability Retirement Law.  Change is a natural part of the process of life.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal Employees: What to Do

It is both a question as well as a concern; a reflection, a statement of loss; a somewhat neutral muddle; like being stuck in quicksand and not quite knowing whether to move or to remain still.  There is a pause right after the words are spoken; an uncertainty, even a feeling of paralysis.  When confronted with a complexity, the query itself may have to be set aside, thought about, reflected upon, pondered for a time.

Often, the best “next step” is to consult with an expert in the field; for, the mere query itself, of openly declaring — and not necessarily with a question mark following — of “What to do” provokes a prefatory consideration that the puzzle was too great to tackle in the first place.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prompts the query, “What to do?”, the first step in the process is to consult with an attorney who specializes in Federal Disability Retirement Law.  The OPM Disability Lawyer who specializes in Federal Disability Retirement Law will be able to guide the Federal or Postal employee into the next steps, and the first steps are often the most crucial in the long and arduous journey through the thicket of OPM’s bureaucratic maze.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Castles in the air

Is it the same idea as Cervantes’ Don Quixote who charges at the wind mills?  Or of Don McLean’s soulful lyrics when he wrote, “And if she asks you why you can tell her that I told you, That I’m tired of Castles in the Air.”?

Is there a difference between dreams and visions realized, and those that remain as castles in the air?  Are such unrealized castles merely the childish remnants that were left behind within the bundled laughter of grown-ups who saw the folly of youth, or are they they vestiges of frustrations discarded because, when we “grow up”, we realize that reality doesn’t quite share the optimism of youth’s unfettered vision?

Whatever the origin, wherever the spark, it is important to preserve a semblance of a dream, even if never realized.  The “dungeon” is its antonym, where all such dreams drain because the lowest point of any location is where the water flows and the desolation of a desert abounds.

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, it may well be that castles no longer exist in the air or elsewhere; that the medical condition itself has become the “reality” that one must deal with, and castles — in the air, on the ground, or somewhere far away — is a luxury one cannot afford to even consider.

And filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may be the farthest thing from childhood dreams of what you saw yourself achieving; but in the end, it is the best option available precisely because it frees you from the workplace harassment, embarrassment and resentment where work is no longer compatible with your medical conditions; and as for those castles in the air?

They may still be there once you can focus upon and regain your health; for it is the dream even unrealized that allows for human creativity to spawn and spread, but the pain of a chronic medical condition is what makes of us all the Don Quixote who charges at harmless windmills.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Keep Confidence

There can be a duality of meaning, or perhaps even a tripartite of understanding; for, to “keep confidence” can mean the protective blanket of not sharing information with others and maintaining a “confidentiality” of data; or, it can mean that one maintains a level of confidence — a surety of belief in a successful endeavor.  Or, perhaps even a third meaning which involves both: Maintaining confidentiality while secure in the belief of the endeavor involved, which is to work towards the goals agreed upon and progressing towards that goal, all the while maintaining the confidentiality that is explicitly and implicitly retained.

That is, in a nutshell, what an attorney-client relationship should be and continue to remain.  Thus, from the moment of an initial telephone consultation, the confidence that is kept should be twofold: Security of privacy so that the discussion can be forthright and without reservation; and, if the case is to go forward, the confidence in its eventual success.  Both components are essential for the successful outcome of an endeavor that may, at least initially, have some characteristics of trepidation and uncertainty.

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 the Federal or Postal job, the issue of confidentiality is exponentially magnified because of multiple elements that work against the Federal or Postal employee: An agency’s Human Resource Department that is known to “share” sensitive information; a decidedly weighted bias in favor of “management” or those in superior positions; medical issues that should be divulged only to those in strictly “must know” positions; and an extremely sensitive decision on the part of the Federal or Postal employee on matters of health, employment and one’s future.

Containment of confidences is important; keeping confidence in both senses becomes vital; and one thing that the potential client can be assured of: Anything spoken to or shared with this attorney in preparing, formulating and filing for Federal Disability Retirement benefits, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will always be maintained in order to “keep confidence”, in whatever manner of meaning the phrase may imply or express.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Whispers of a former self

It is when the hushed voices pause as you pass by the proverbial water cooler where gossip is abandoned and conversations suddenly and abruptly cease; then, when distance is the safety net like the arc of flight envisioned by species in the wild, those coworkers nod, shake their heads and disperse like so many rats around a decaying carcass on the roadside until the oncoming truck rumbles close enough to sound an alarm.

There are whispers that echo and reverberate, and it is only when the sounds bounce back from the caves of despair does it finally dawn upon the soul it effects:  Those whispers are of a former self who, as a Federal or Postal employee, blazed new trails, always came early and left late, and never shirked responsibility in promoting the efficiency of the Federal Service.

The skeleton of that former self remains; and now, but for the whispers that howl like the winter winds across plains of abandoned and forsaken times, those voices begin to sound like the din of unlikely foes. What ever happened to that person who once lead the charge of the cavalry forward in each and every fight?

Health deteriorates, and over time, age and health become the combined enemy of youthful vigor that sprouted in innocence of antiquity in former times now gone.

When those whispers of a former self begin to speak, it may be time to begin to prepare, formulate and file a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, with the U.S. Office of Personnel Management, lest the whispers of a former self remain to be subjected to further humiliation, like an unceremonious termination without applause or fanfare.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Living versus being alive

There is a difference, is there not?  Of hummingbirds and cardinals bright against the backdrop of an evergreen; of a child running across the grassy knoll; then of aged men in nursing homes, shuttered away in corners where the drool of saliva unwiped reveals the tarnish of human unkindness; and of prisons rotting away with crowded cells for addicts whose sickness is considered a crime where, in ages past, opium dens and other vices merely preached in empty churches of the difference between mortal and venial sins unrehearsed.  Yet, we have somehow been duped into believing that “movement” is the basis of “living”, and its antonym, the lack thereof, constitutes something less than.

It is often when a medical condition overwhelms one with a debilitating illness, or a chronic state of pain; or, even of inconvenience in not being able to function as other “normal” people do, that it begins to “hit home”:  living is good; being alive, also, is worth it.  Perhaps the distinction is scoffed at by the healthy; as youth believes in the immortality and invincibility of foolhardiness, and often tests it to the detriment of failure and embarrassment, so wisdom may accompany an insight of some rather insignificant profundity – that we can boast well when everything is merely a hypothetical, as in ivory towers of university concepts, but we are all willing to compromise when the stark choices of life present themselves within limited contexts of concealed alternatives.

Being alive isn’t all that bad; living is preferable, but sometimes we have to accept the choices as presented by the reality of our unique and individualized circumstances.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates ending one’s career and shortening one’s desire for continuation in a chosen field, the recognition and admission as to the limitations imposed by one’s mortality, health and physical boundaries, as well as the impact of psychiatric conditions upon one’s ability to have the cognitive focus, concentration and attention to detail, will oftentimes require compromises that come close to the distinction noted – of living, versus being alive.

Perhaps the contrast has not swung in the pendulum of such extremes of options, but the feeling is certainly something that hits close to home.  For, continuation in the job will only further and progressively debilitate, such that you will come to a point of no return and end up simply being alive.  Living, as the preferable choice, is to take the steps in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, precisely in order to prevent that state of last option prior to the ultimate test of mortality’s humor – of merely being alive, as opposed to living.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Illness

It is the pause button rendered by the universe, often without warning, without invitation and unwelcomed by all.  Is it the gods laughing in the heavenly seclusion, as wanton children playing with the mortality of souls unrequited, as matches in the hands of mischievous hearts undisciplined by law, life or empathy?

Then comes the triteness of wisdom, yet true but too late: “Oh, what a blessing health is”; “Is there a lesson to be learned?”; “Why me?”.  Is this the crisis of life that is merely an obstacle to overcome, or the long road towards a progressive decline where mortality is not just tested, but revealed as the weak link in the proverbial chain of man-to-gods-to the theology of our own creation?

Illness comes like that unwitting thief in the dead of night, but unlike the burglar who tries to remain silent but for creaking floors and unoiled passageways, it comes without concern for being revealed.  Does the universe test – or remain impervious like Aristotle’s Unmoved Mover, where perfection attracts all towards its essence and destroys everything that attempts to escape?  Who determines the criteria of such a test?  What constitutes a “passing grade” as opposed to a failure in its mere attempt?  Is the evaluation contained within the strength of one’s own character, and what results in a declaration of “success” as opposed to the failure of everyday lives?

If it is truly a test of character, then Federal employees and U.S. Postal workers certainly get enough of it to collectively get a passing grade.  Yes, fortunately, there is the option of filing a Federal Disability Retirement application, but for almost all Federal employees and U.S. Postal workers, the reality is that such a step is the last option chosen.

It is not so much that the benefit reaped from a Federal Disability Retirement is so miserly as to not make it worthwhile; no, to a great extent, the annuity of 60% of the average of one’s highest three consecutive years of pay, then 40% every year thereafter until recalculation at age 62 is generous enough to survive upon, especially when the alternative is to remain and kill oneself, resign and walk away with nothing, or file for Federal Disability Retirement benefits; and, in conjunction with the ability to go out into the private sector and be able to make (on top of the Federal Disability Retirement annuity) up to 80% of what one’s former position currently pays – it can lead to an acceptable level of financial security.

Ultimately, however, it is a truism that Federal employees and U.S. Postal workers wait until the final possible moment before making the decision to file a Federal Disability Retirement, often allowing the illness to debilitate beyond the point of reasonable acceptance.  That, in and of itself, is a character test, and one that makes the illness itself of secondary concern, when one’s health should be given the highest priority, lest we allow the gods of wanton carelessness to have the last laugh.

Sincerely,

Robert R. McGill, Esquire