FERS Disability Retirement Benefits: Always Within the Never

It is a phrase borrowed from the book, the Elegance of the Hedgehog.  The movie version follows the novel quite scrupulously, with the former utilizing certain visual applications (example — of Paloma using the video camera; the image of the death and resurrection of the goldfish, and other metaphorical tools more easily adapted to the visual medium of a movie) while the latter goes into greater detail on the background and conversations engaged, especially on Art, Music, Philosophy, etc.

Both are beautifully done in discussing the issues of class structure in France — of the value of education; how we treat one another based upon wealth and background; of what constitutes beauty; and the relevance of one life as opposed to another — of the always within the never.

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 “always” concerns the worth of the Federal or Postal employee whether you can do your job or not, and the “never” is the concept that, just because you are no longer able to perform your job anymore, it does not diminish the value of your worth to society.

Federal Disability Retirement is a benefit accorded to you when you signed up as a Federal or Postal employee.  It is a recognition that human “worth” is partly based upon your past contribution in this world, and that you still have much to contribute beyond the Federal or Postal sector.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and assert yourself always within the never.

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.

 

Disability Retirement from the USPS and other Federal Gov. Agencies: Loyalty in Our Time

As a member of The Band, Levon Helm was a fiercely loyal member who was extremely critical of his fellow musician, Robbie Robertson.  The issue which centered upon the bitter feud involved royalties (as all feuds throughout time immemorial involve money) — of who should receive it; what constitutes “writing” a song; who should get credit for it, etc.

There are many adages which our grandparents used to offer — of sayings beginning with, “There are two types of people in the world”, etc.  One such saying might begin with: “There are two types of people in the world — the Levon Helm type, and the Robbie Robertson type…”

The controversy involved the bifurcation of the following: How is a song written: by the origin of the idea, or by the end product involving a collaborative effort?  Levon Helm believed in the latter approach; Robbie Robertson, in the former.  In the end, what was considered as one of the greatest rock bands in the history of music — a group merely called, “The Band” — disintegrated into a bitter end because of a feud over money and loyalty.

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 question of loyalty in our time will test the Federal Agency and the Postal Service.

Should you inform them immediately about your intention to file for Federal Disability Retirement benefits?  How will your past loyalty to your Federal Agency or the Postal Service be “repaid” when they find out that you are filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management?  Will the Federal Agency or the Postal Service act like Levon Helm — fiercely loyal — or like Robbie Robertson?

To protect yourself and learn the lesson of loyalty in our time, contact a disability attorney who specializes in OPM Disability Retirement Law.

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.

 

Disability Retirement under Federal Employees Retirement System (FERS): Does Sequence Matter?

So, when you are building a house, for example — does it matter whether you start with a solid foundation?  Or do you start with the roof and move downwards?  Or in writing a short story — does a writer finish the conclusion, then work backwards?

That actually doesn’t sound so strange, does it? — because it is often the “idea” of an ending which prompts the writer to write a story; but when it is presented to the reader, what is the sequence?

Is the reader given the ending, first, then the narrative of how the ending came to be?  Yes, even that — some creative writers have accomplished that, and sometimes quite effectively.  But that is a deliberate style of presenting a story — where the sequence is reversed for dramatic purposes, and so even when the ending is first, sequence, in fact, matters very much.

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits under FERS, “sequence” does matter.

There are multiple and complicated tentacles which are required to be completed and accomplished in a Federal Disability Retirement application — from the type and quality of medical reports; treatment records; Agency’s portion of forms to complete; the Applicant’s portion which needs to be completed; the language which should be used; how a request should be made — in the aggregate where the chaos of multiple actions need to be performed, the sequence of how those actions are initiated is often overlooked despite its impact and importance on a Federal Disability Retirement application.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of ordering the sequence of things which matter.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Worker Disability Retirement: Considering The Future

When considering the future, we look at the present and rely upon the past.  It takes an imaginative mind to see the future beyond our present circumstances.

That is often why a Federal or Postal employee who needs to file for OPM Disability Retirement benefits under FERS looks bleakly at the future: Suffering from a medical condition; Knowing that, presently, you cannot do your job; Assessing that your income will be reduced; Realizing that you are not the same person you were before the medical condition — these factors will be looked at in a negative way.

Yet, the future with a FERS Disability Retirement annuity allows for so much: Of focusing upon getting back your health; of being allowed to work in another job and making up to 80% of what your former Federal or Postal position currently pays; and while you may not be the same person as before, you have the opportunity to become a better you, adjusting to the health challenges before you, but without the stresses of trying to be as before.

Consult with an OPM Disability Attorney who specializes in OPM Disability Retirement Law, and consider seriously the future, bright and promising.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Intolerable conditions

We all have a threshold of tolerance; it is, in the end, a spectrum and a range which cannot be generalized.  The MRI that reveals degenerated tissue or organic dysfunctioning may parallel the pain experienced, but it does not determine the level of tolerance for any given individual.  Yet, while thresholds may vary, there is a limit to human toleration, and the question for each individual is: At what point do conditions reach the limit of my tolerance, and do I wait until I reach that ceiling, or is it then too late to have waited so long?

Most people wait until the intolerable conditions reach a critical juncture.  That is the rub of the matter — that, yes, human beings possess a great tolerance for the intolerable, but the further question that is too often missed, is: Should we?  Is it healthy to?  And: What damage is incurred by resisting the warning signs that our bodies and minds give such that we reach beyond those warning triggers and milestones of caution, and when we get beyond them, we leave them behind as sirens which have faded and been forgotten?

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 intolerable conditions which have erupted often includes: Increasing harassment from one’s Federal Agency and the Postal Service; exhaustion of SL, AL and FMLA; dealing with the medical condition itself; the failure of coworkers and managers to empathize or understand; the stress that is placed on personal relationships because of the deteriorating conditions in the workplace; the loss of stability; the increasing loss of livelihood, etc.

Any one of these, or all in combination, create those intolerable conditions, and when it becomes apparent that the proverbial rubber band that has held the whole together is about to snap, then it is time — beyond the time, maybe — to prepare an effective FERS Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: What not to say

Of course what not to say is as important as the things one says.  Such a warning is true in most contexts — social; professional; personal; familial; in either private or public settings.  We are taught that at an early age, and continue to feel its social and cultural “bite” throughout adulthood, until one has (hopefully) gained some wisdom throughout the years.

Some never learn it — perhaps because they never had to endure the consequences that naturally come about, or simply don’t care or, in the very rare instance of uniqueness, do not need to care either because of wealth, power or prestige that, like the teflon individual, no amount of social crudeness will wipe the sheen away.

“Don’t stare” is an admonition that parents make early on — another form of “what not to say”, except this one in correcting a non-verbal action.  “Don’t say things that are hurtful”, or “Don’t divulge private information to people you don’t know”, as well as the one that has to be balanced with concerns about putting too much fear into a child: “Don’t talk to strangers”.

It is, indeed, the “don’ts” in life that define the social graces within acceptable normative behaviors, and as the spoken work (or the written, as the case may be) takes up so much of human interaction, what we learn not to say, how we act and are restrained from acting, often defines the extent of a person’s maturity and learning.

It is often the negative which defines the positive — i.e., what we do not see is rarely noticed, but constrains that which is revealed (the positive) so that the unseemly and rough edges have been worn away, manifesting a smoothness that borders upon beauty.  But never underestimate the destructive force of that which is negated; for, if forgotten, it will resurface and damage.

Thus, for Federal and Postal employees who suffer from a medical condition such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, always remember that — in preparing, formulating and getting ready to file a Federal or Postal Disability Retirement application — it is important to keep in mind those things NOT to say or reveal; for, once you admit freely a legal basis upon which a denial becomes a certainty, it is difficult to retract that which is revealed.

So, in the end, your parents are proven right: What they told you NOT to say is precisely the rule to follow.  The problem, however, is that when it comes to dealing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you will need to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to comprehend the full import of what not to say.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from Federal Service: By what right?

It is a question often posed in the dead of night by those who would undermine an assertion based upon an instinctive sense of fairness, but perhaps not able to be articulated in comprehensible form.  By what right do you enter these premises?  By what right do you express that opinion?  By what right do you think you can do that?

It is, as with many questions, one that has a sadly contextual background of a negative past – for, whenever a person, a populace or a segment of a greater society begins to assert a “right”, it was generally preceded by a breakdown of community and caring.  For example: A violation of another’s property where a fence has not yet been placed should be resolved by two neighbors discussing the infraction or infringement without resorting to a higher authority.  If that “neighborliness” cannot resolve the conflict, then a fence may be built and the right to build such a fence can be asserted by the fence-building-neighbor as a “right” of property ownership.  No one would, or could, dispute such a right to do so, but the mere fact that a fence had to be built is evidence of a preceding breakdown of the unspoken rules of a community, where resolution of a conflict could not be accomplished by discussing, caring, understanding and compromising for the sake of a community’s greater good, but instead results in a declarative reference to one’s “right” to do X, Y or Z.

Rights should have the insipid connotation of negativity to the extent that asserting them is something of a last resort and the last bastion of scoundrels and suspicious individuals seen in an unfavorable communal light; but in modernity, shouting out one’s “right” to do this or that, or standing on a soapbox and pontificating about how we (why does everyone assume that he or she has a “right” to speak on behalf of that undefined “we” in the first place?) have every “right” to be here, do this or that or be “in your face” because of the proverbial “catch-all” – the “Bill of Rights”.  By what right?

For Federal and Postal employees who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, it may well be that asserting one’s right to file for Federal Disability Retirement benefits was preceded by a context of negativity – of the Federal agency or the U.S. Postal facility failing to, refusing to, or otherwise not showing effort for, accommodating one’s medical condition, illness or disability, and that is when the assertion of declaring one’s “right” to file for Federal Disability Retirement benefits becomes the inviolable pathway to an exit out of an untenable workplace situation.

To that extent, preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is somewhat akin to building that “fence” between your property and the next-door neighbor’s, whose dog keeps coming into your yard, digging up the freshly-planted bushes and vegetables, pooping all over the place and attacking your cat, and cares not a twit to try and resolve the issue; that, in many ways, is the Federal agency or the Postal facility you work for.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The persistent tinnitus of life

The root word that contains a valid diagnosis of a medical condition, sometimes comes about gradually, others at a persistent rate of uncommon urgency; and whether by emanation of a serious, primary condition such as Meniere’s Disease, a brain tumor or cardiac elements impacting upon the heart or blood vessels, or mere residuals from a short-lived ear infection, the low, persistent ringing can interrupt and disrupt focus, concentration, attention to detail, and lead to depression, anxiety and panic that the idea of sounds being heard without the objective world recognizing or acknowledging them, can indeed be disturbing.

Tinnitus is a serious medical condition; yet, while we seek treatment for such a state of health deviancy, we allow the persistent tinnitus of life to surround, abound and confound us throughout.  The persistent tinnitus of life is almost an unavoidable juggernaut in modernity.   Yes, we can make the inane argument that, as we are the gatekeepers that can allow, deny or limit the access granted on any given day, who can withstand the active and passive onslaught of daily and onerous, oppressive bombardment of the multitudinous spires of high-speed jettisoning of such information overload on a daily, consistent basis?

From blaring headlines screaming while standing passively in a grocery store, to gas pumps that speak back to you with the selective entertainment headlines of the day; from unsolicited advertisements personalized to one’s computer based upon information provided and shared despite every precautionary steps taken, to mediums of electronic communication that are depended upon and mandated in this day and age just to remain employed; we cannot put a wall between the need for a soul’s quietude and the persistent tinnitus of life.  If not completely, then how about in some limited form?

The trick, then, is not to succumb completely, nor attempt to sequester one’s self in a hermitage of complete abandonment; rather, to selectively distinguish between information of useless human detritus from that of relevance and significance; in short, between Orwellian linguistic garbage and that which constitutes “wisdom”.

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 importance of limiting the persistent tinnitus of life applies to the process of preparing, formulating and filing an effective Federal Disability Retirement application, especially by recognizing the distinction between truth and falsity, between objective facts and inaccurate innuendoes; for, in the end, the medical disability retirement application must contain the facts to persuade, the evidence to establish, and the legal arguments to consider, and in order to do that, one must resist the persistent tinnitus of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Minding the ‘happiness principle’

Is there such a thing?  Certainly, enough authors, gurus and faith-healers have claimed it, packaged it and sold it as a commodity to be prepared, marketed and purchased.  Somehow, we are all gullible enough to believe in it:  Just as sorcerers of old possessed powers beyond human comprehension, so we hold on to the hope that such secrets of soothsayers mixing the concoction in a cauldron of expectations may boil over with fumes and aromas we can smell into oblivion.

That secret incantation; those mysterious sequence of codes (yes, which is why the Da Vinci Code was so popular – until it was made into a movie and the audience realized the farcical nature when bad literature is transformed into an ever worse media script); or perhaps it is a deal of Faustian proportions – of one’s soul for the hidden principle, the fountain of youth, the corridor down timeless ecstasy; instead, of course, in this mass-marketing world of consumer gullibility, we cling to the anticipation – despite all historical evidence to the contrary – that there exists a fortune-teller’s abracadabra comprising a happiness principle.

Principles are the foundational guidance for understanding the causal connections of events that occur in the objective world; first principles, as Aristotle liked to point out, are important in their revelatory powers to comprehend the operational mechanisms of this world of Being.  If you don’t know first principles, or the paradigmatic principles that operate behind the scenes – much like the Wizard behind the curtain —  then you will always only know that it happens, not why it does so.

And so we go through life, walking and wandering the streets, seeing others smiling, laughing and seeming to enjoy life, while we stew in the solitude of our private misery, perhaps outwardly attempting to feign such emotional brightness while inwardly decaying with each day’s tumult of angst and anxiety.

In minding the existence of the ‘happiness principle’, we are everyday falling into the statistical trap of that famous quip attributed to the 19th century Showman, P.T. Barnum, that there’s “a sucker born every minute.”  Even if everyday empirical evidence refutes the existential reality of such a principle, we nevertheless hope against fading hope for such a white knight in shining armor – that armor of protective fallacies based upon a nonexistent principle wrapped in the cloaking of hopes unearned and never to be attained.

For Federal employees and U.S. Postal workers who are down in the dumps because of a medical condition, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the reality that one’s career may be cut short and filing for Federal Disability Retirement benefits may be a necessity, must fight against the false hope that a Federal Disability Retirement annuity is the “be-all” and “end-all” of life’s miseries.

Medical conditions may continue to remain chronic; there will likely remain many challenges in the future; but the point of filing for Federal Disability Retirement is to allow for one to attain a plateau of hopefulness where one can make one’s health and well-being a priority, without necessarily minding the ‘happiness principle’ or believing in P.T. Barnum’s secret to success.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Today (pause), and Tomorrow

The parenthetical insertion creates a “real-time” interlude, and the addendum of the grammatical mandate, the unnecessary comma, extends the strained quietude of wanting to engage the sequential utterance.  There is the reality of “now”, which we occupy, fill and exist within, and the expectation of a tomorrow which never exists as a wholeness contained within a specified time period, but merely in anticipated form within the imagination of our cognitive universe.  To this, we can always add “yesterday”, as well, but that is merely of memories passed, reflected in the neurocognitive cellars of stored images.

It is of today and tomorrow which matters for the survival of a species, with yesterday reserved for learned experiences allowing for avoidance of mistakes in order to enhance one’s probability for remaining today and advancing into tomorrow.

Of yesterday, there is nothing that we can do, other than to learn from it and squeeze out the corners of lessons presented.

Of today, there are the problems known, the concerns we have to deal with and the stresses we are forced to tolerate.

And of tomorrow, we have to place into bifurcated boxes of manageable sizes, lest the overwhelming contents spill over to make us all go mad.

For, without the ability and capacity to filter, store and set aside, the extent of problems encountered, stresses envisioned or the troubles tormenting, would be of such quantitative overload as to leave us paralyzed daily.  Of chores left undone, relationships needing tethering, obligations still remaining and work much wanting; where will it all end except in the tombstones of unfinished business?

We are thus stuck in the rut of negation; some, in memories reflected over time enhancing in magnitude and perfection as duration allows for the fissures, wrinkles and ugliness of that once “today” to disappear, such that the retrospective life becomes the paradigm of lost souls.  Or, of those tomorrows yet to come, where we ruminate over troubles that have not yet occurred but we imagine them to become, and crisis that have yet to rear its horrific head, or so the expectations grounded in fear and loathing would have us believe.  Of the before and after, we spend so much time worrying about, and lose sight of the ambiance of today.

Today is what matters; today is the time to plan for tomorrow; today is the moment of applying principles failed by yesterday’s lack of discernment.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the focus upon “today” is the parachute that will catch the wind stream for tomorrow’s security. And of the past?  Let it remain with memories foretold of positive thoughts and lessons learned for tomorrow, and not of haunting nightmares forgotten but for awakenings in the middle of the night.

Prepare well a Federal Disability Retirement application, and formulate it effectively, and file it today – not tomorrow, and certainly do not ruminate upon yesterday’s failings, as that has already passed without fruition of a future left unseen.

Sincerely,

Robert R. McGill, Esquire