Tag Archives: feca attorney for disabled government employee

OPM Disability Retirement under FERS: Trapped

Have you ever seen a trapped animal?  The fear in its eyes; the uncertainty of its movement; the scent of fear mixed with the heightened anxiety for survival.  For Man, in a society uncalled for, in a world into which he or she enters unasked, and often unwelcome; what does that say about a greater population which feels this way?

The pandemic exacerbated and exponentially magnified all of the ills of modern society.  Social isolation; the greater distance — not just of enforced separation of standing 6-feet apart, but the admonishment not to hug or touch; of facial coverings hiding a friendly smile; of mere virtual encounters replacing the human touch, even if it was a short handshake or a pat on the back.

Divorce rates and separations suddenly skyrocketed because couples found that — when all of the busy-ness of life suddenly became reoriented and concentrated within the confined space of one’s own home — they didn’t actually get along with each other very well.  The kids suffered from not going to school; everyone suddenly began questioning the value of the work they were doing.  The stress of life became quantified; medical conditions suddenly magnified.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your Federal or Postal career, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and see whether or not your medical condition — that deteriorating condition which keeps you trapped in the endless cycle of pain and debilitating depression and anxiety — might qualify you for Federal Disability Retirement benefits under the FERS system, through the U.S. Office of Personnel Management.

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.

 

FERS Disability Retirement Benefits: Nothing New Under the Sun

Nothing is ever new under the sun; it is only from the perspective of the new that “newness” is perceived.  Thus, if you live long enough, you will witness the identical political issues come around, the same problems crop up, and parallel arguments made.

History has an innate cycle; it is merely our memories which fail to recognize the repetition.  Sometimes, of course, the old metaphor of something being dressed up in wolves’ clothing is also appropriate — meaning, merely, that the issue itself is an old one; it has merely changed its appearance in order to make it look new.

From the newborn’s perspective, of course, everything is new, fresh and pure — well, maybe not pure, if you count the dilapidated buildings, bridges and abandoned ballrooms.  To the newly initiated, the term “new” merely means that it has not previously been encountered; no memory of it exists; and the newness is based upon the premise that it has not been experienced until now.

Nevertheless, despite the protestations by the newly initiated that it is “new” to them, the plain fact is that there really is nothing new under the sun.

Why do we use the term, “under the sun”?  Because it describes the parameters of our phenomenological experience — of this universe and this planet.  Even the recent video footage from the drone helicopter showing us the “new” terrain on Mars is not really “new”; it’s been there for centuries.

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, the medical condition itself is clearly something “new”.  Filing for Federal Disability Retirement benefits through OPM will be a new experience.

What you want to do, however, is to consult with a Federal Disability Attorney whose experience and knowledge will show that even that experience is nothing new under the sun; otherwise, you might end up being guided by someone who doesn’t really know what he or she is talking about.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement for Federal & Postal Employees: Traps

We set them in order to get rid of those undesirable creatures which scurry about in the middle of the night.  There are, of course, multiple and different kinds of traps — of the ones which snap loudly in the darkness of deep quietude and which are difficult to “set” because — every time you put it along the baseboard — the sensitive nature of the “catch” sets it off.

There are, of course, those “humane” ones — the ones which do not kill but mere captures the creature with the mechanism of a trap door.  What you do with the creature is up to you — but most suspect that when you let it go down the sewer drain just down the road, it quickly makes its way back to your home (often before you yourself are back in the front door declaring, “Honey, I got rid to it!”).

Then, of course, there are the large “traps” — for possums, squirrels and other rodent-like creatures which have created a nuisance of themselves in suburban neighborhoods which no longer tolerate the encroachment of nature.  But enough of such rodent-focused traps.

There are other kinds of traps — traps set by the U.S. Office of Personnel Management, in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.  Just look at the innocuous-looking questions posited on SF 3112A, Applicant’s Statement of Disability.  In the end, it is the traps which cannot easily be seen, or the ones which seem attractively safe, which catches you.

Contact a FERS Disability Retirement Lawyer who specializes in Federal Disability Retirement Law, and prepare your Federal Disability Retirement application while avoiding those traps which invitingly are set for your naive notions of the process.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Struggles

It is a law of life, is it not?  To struggle; to always have to thrash about just to survive, whether in the world of employment, the world of self-control, the universe of just maintaining a semblance of sanity within a greater complex of madness we face each day?

And, indeed, that is the basis of most philosophical systems that have been posited – from the Ancients who posited permanence as opposed to constant flux (Parmenides and Heraclitus); of the tension between Forms and the world of appearances; of the universe of perspectives empowered between one’s spatial imposition of human categories as opposed to an objective reality that one can never reach (Kant); or merely reducing all philosophical problems to one of linguistic inconvenience (the British Empiricists); and on and on, the struggle to learn, to maintain, to survive.

Life is a constant struggle, and when once peace is attained, we then die, or at least retire to an old person’s home for the forgotten and the ignored.  Even the fairytales we read to our children begin with the struggle, then end with a world of make-believe; only, those types of endings don’t occur in “real life”, and so we have to explain to our children when they get older that, well…heh, heh, heh…it was all a lie – that, unlike the stories told, mom and I hate to tell you this, but the struggles in life never end.  There is no “happily-ever-after” after all.

Then, life brings about a medical condition – those pesky irritants that hopefully can be controlled or maintained with a pill or a stiff drink, but otherwise an indicator that either we are growing old or something in our bodies are trying to forewarn us of the future.  Then, the medical condition begins to magnify, exacerbate, and turn into that state of being “chronic”, and slowly, it begins to deteriorate and progressively impact how we feel, who we are, and what we can do.

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 employee from performing one or more of the essential elements of the Federal or Postal job, the recognition that life is a constancy of struggles is nothing new; but, what is new is the realization that such a struggle now can become worsened by entering into arenas previously held inviolable – of work and the productivity that was once taken for granted.

Filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not a surrender to that constant struggle, but merely a change of direction and planning.  We all know that life is a constant struggle; sometimes, the struggle must be circumvented by moving onto the next phase of an ever-struggling life, and preparing, formulating and filing an effective Federal Disability Retirement application to be filed with OPM is that next phase of the constant struggle.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The noisy neighborhood

Whether used as a noun or a verb, the second grammatical appendage can have multiple meanings: as a stick of lumber; as an activity placing information, warning, directional declarative or similar linguistic affirmations; and the combination of the two words can be read only within a greater contextual enlightenment depending upon what meaning is meant to be conveyed or how the inflection and accent is emphasized.

As a mere stick of lumber, it is a rather boring concept, even when attached to the first word, “sign”, precisely because the focus is upon the “post”, and so the emphasis goes directly to the sturdy piece of wood and not to the interests of the information posted.  If, on the other hand, one means to connote a different linguistic avenue – of different and varying posting of signs, then our interest is tweaked because we are immediately drawn into the various and wider universe of warnings, directions, admonishments and disseminated information useful to everyday living.

Sign posts are meant to guide, warn, betray or inform; and between the spectrum of the duality of linguistic translations, there is a natural reflection to life’s everyday humdrum itself.  For, like the analogy between information posted or merely a stick of lumber, living life is likened to a wide spectrum of activities mirroring boredom and repetitive monotony, and those instances where sudden tumult and excitement makes for an interesting day.

Being healthy can be viewed as a form of boredom; it is like the person focusing upon the stick of lumber, even if there are signs posting some warnings.  And, correlatively, when sickness and debilitating medical conditions occur, the viewpoint and perspective alters dramatically, such that the monotony of the piece of wood is now replaced with the blare of the warning, admonishment and legal declaratives, and life becomes a tumult, not merely a lapping wave but a tsunami of devastating impact.

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 positional duties of the Federal or Postal employee’s job, the alteration of the perspective – whether seen as a “eureka” moment, a modified weltanschauung, or some reflective recognition of changed circumstances – the point is to shift the focus from the stick of lumber to the sign post itself: the job, the harassment, the constant antagonism and acrimony in the workplace – these are all the stick of lumber; one’s own medical condition, dealing with the doctors, the deterioration of one’s physical, emotional and mental capacity – these are the “signs”.

What we focus upon will determine the course of one’s future; and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the combination of both words as a compound concept: of recognizing the sign posts, and dealing with it accordingly.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

Medical Retirement from Federal Employment: Suspicion of Preemption

Preemptive strikes are often justified by anticipatory rationalizations; the “other” one was “going to” do it, so it is right that one should do it beforehand (whether we are certain of the other’s actions or not, and of course, that is the beauty of such argumentation; by raising the specter of suspicion, we skip over the question itself and deride those who would dare to question the right of self-defense).

In international affairs and economic entanglements on a macro-based scale, nations can impose sanctions and initiate first strikes based upon barricades denoting “sourced” information and secrets obtained.

In linguistic preemptions, within the microcosmic universe of office settings, neighborhoods, friendships teetering on total destruction – these are the true arenas of daily strikes of preemptive devices, where suspicion should prevail and concerns conveyed.  For, in the end, why is it that people plant the seeds of doubt and utter the words of undermining efficacy?  Is gossip ever justified, rumors of helpful venue, or callous remarks disseminated of healthy connotations?

The linguistic art of preemption, of course, is engaged by the subtle hints of rumors unverified, and planted precisely in order to destroy before the others get to you first.  It is the art of the “beforehand” in an underhanded way, perpetrated by the dark hands of an assassin’s heart.

The problem with those who engage in such acts, is that they make of us paranoid despots all, because the unnerving  discord effectuated throughout engenders an atmosphere of distrust and suspicion from and by all, whereby people can never pinpoint the source of a rumor, the origin of a tasty piece of tidbit, and the destructive impact of consequences denied.  “Why can’t people just be straightforward?” is the refrain used by innocent fawns just before the predator devours; and the answer should be clear:  Acts of preemption avoid the consequential revelation of an actual justification; it is not “self-defense”, but an act of aggression with a retrospective view towards explaining that which may never have occurred in the first place.

For Federal employees and U.S. Postal workers who daily are pounded by preemptive strikes through subtleties, rumors and whispers of meanness, the time to “come clean” is probably long past due.  If 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 positional duties, the Agency, Supervisors and Managers have likely already taken note.  Preemption has already begun.

It is, in more ordinary and crude parlances, a matter of covering one’s own posterior, and thus the beginning trails of quiet harassment, hostility and increasing administrative pressures.

In such circumstances, the Federal or Postal employee is fully justified in engaging in the preemptive strike which has already been initiated by the “dark forces” of the workplace:  preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is that preemptive act which has already been justified by the medical condition itself; it just needs to be prodded into the next logical step, in order to avoid any suspicion of preemption, and instead, be brought to the fore.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: Fatigue of Life

There is clearly a distinction to be made between the general fatigue which life blows upon us all; like the child left to play outside in days of yore, and comes back with the grime of healthy dirtiness, the imperceptible layers of life’s hardships cover everyone, like the light dusting of snow overnight revealed in the morning dawn of a winter’s day.  But the profound fatigue which overtakes one from the daily battle against an incapacitating medical condition, is a difference which cannot always be adequately described, if ever.

The medical condition itself creates a circumstance of unique debilitation; the fight against it, whether without one’s conscious involvement — as in the soundless battle of healthy cells against the invasion of marauding maladies, as opposed to the exertion of willpower to continue on in engaging the daily living of life’s challenges — is of somewhat irrelevance, inasmuch as the combination and totality of one’s entire being is always and every day in the midst of the fight.

It is that subtle distinction which the healthy person is unable to understand; it is not life’s fatigue which prevails upon the sick person; it is the sickness itself, in addition to the fatigue of life.

For Federal and Postal workers who must contend not only with the daily grind of life’s routine, facing the bureaucracy and administrative headaches of filing for Federal Disability Retirement benefits through one’s agency (if still with the agency or otherwise not separated for more than 31 days), and ultimately through the U.S. Office of Personnel Management, is a challenge beyond that foray of the day’s entanglement with the world.

Federal and Postal employees must do the everyday things that all of us do:  attention to personal needs; work, if possible; interaction with family, neighbors, coworkers; and beyond, the fight against the medical condition itself.

Filing for Medical Retirement through OPM, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is to face another of life’s challenges, beyond the daily routine and call of one’s duty and commitment to everyday life.  And since defeat is never an option, and giving up is not in the American character of perceived self-image; whether one is faced with the fatigue of life, or of life’s challenges beyond the general malaise of daily living, it is how we face the cup of gruel we are served, which will determine the future path as yet unknown, as yet unsettled.

Sincerely,

Robert R. McGill, Esquire