Tag Archives: federal civil service medical retirement lawyer

FERS Medical Disability Retirement: Larger Than Life

Every culture paints the picture of the mythological character, woven into the fabric of stories told, of narratives given, of heroes and heroines looming larger than life.

Of Caesar, Jefferson (somewhat cut down to size in recent years); of David versus Goliath; Patton and his 7th mechanized Army, beating out Montgomery and the 8th Army in the race to Messina; of a recent leader (who will be left unnamed) who was once a reality-T.V. star and now mythologized for his excesses; and although you may disagree with everything the “larger-than-life” figure may represent, you cannot avoid the fact that every culture, all countries, all around the globe and throughout history, have created, fostered, maintained and eulogized anointed figures at the altar of idol worshippers.

Perhaps it is a necessary prelude, or at least an ingredient, for any civilization; that, by creating such characters and caricatures, we can better deal with the regular humdrum lives which most of us experience.  We say to ourselves, “Well, if David could have slain Goliath, then surely I can solve my own insignificant problems!”  Or, has it had a reverse, negative effect?  Of saying, “Yes, but I am not a Marvel-comic book hero; I can’t flight or zap my enemies with a thunderbolt; for goodness sakes, I can’t even pay my rent”?

And then, when a medical condition suddenly appears on the horizon — and in the end, all medical conditions are “larger than life”, precisely because many of them can defeat one’s life — it can result in devastating consequences.

For Federal employees and Postal workers who suffer from such a medical condition where it appears that the medical condition will necessitate the end of your Federal or Postal career, you may need to contact a FERS Disability Retirement Attorney who specializes in Federal Employee Disability Retirement Law, where the “larger than life” bureaucracy of the U.S. Office of Personnel Management may need the specialization of a FERS Lawyer who can contend with the Leviathan of a Federal Goliath, with a few smooth legal stones to cast at its heartbeat.

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 OPM Disability Benefits: Lack of History

We live in a universe either comprised of a brave new world (obviously a Huxley referential-metaphor, however overused and misapplied) or one of pure, unadulterated foolishness.

Judgements about the propriety of new approaches and ventures need not be made; but of new modalities of therapies; of re-ordering of definitions; some may view them from a moral perspective, a religious view, or even from the fundamental distinction between that which is really “natural” or not (to which, one might easily respond, if we are going to go down that rabbit hole, then why are you flying on an airplane, which is as unnatural as it gets); but few approach the multitude of social upheaval from a historical viewpoint.

The point is, there is a lack of history — meaning, thereby, simply that all new approaches have no historical basis as to success or failure.  There are multiple, ancient cultures which have existed for thousands of years, and have a history of success in terms of raising families, educating children, surviving cultural upheavals, and which have a proven track record — a slew of historically analyzable linear successes.

We could, and should, model after them; but modernity always thinks that it needs no lesson from history and can reinvent the wheel, better and more resilient.  But of this brave new world — we have no track record; and so we will just have to wait and see whether or not we are on the cusp of a dramatic new era of success — or of a disastrous future yet to be regrettably experienced.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that it becomes necessary to prepare, formulate and file an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS) with the U.S. Office of Personnel Management, you may want to contact an attorney who has a history of success in getting Federal and Postal employees Federal Disability Retirement benefits.

In Federal Disability Retirement Law, Lack of History should not be a qualification to be admired, but a lesson to avoid.

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 Legal Advice and Guidance: Addressing and Rebutting

Much of lawyering is artistry, as opposed to science.  As discretion is to experience, so choosing which issues to address is a matter of instinct and judgment based upon past experience.

There are those in life who are “bulls in a china shop” — an old adage which refers to people who just barrel through without considering the consequences.  Another familiar saying is: “Discretion is the better part of valor”, which can mean many things and contains some nuances, but essentially refers to judgment of action in the face of issues to be confronted.

We no longer live in the middle ages where knights and other warriors engage in duels and valor-filled defenses of honor, but the saying itself can still be relevant in terms of discretionary judgments as to which battles to confront, which wars to engage and when to retreat, or leave “well enough alone”.

For Federal employees and U.S. Postal workers contemplating filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management, the number of issues to tackle — whether preemptively at the First Stage of the process, or in rebuttal form at the Reconsideration (Second) Stage, or even before an MSPB Judge at the Third Stage of the Process — is overwhelming.

Addressing and Rebutting each and every one is almost impossible, but nevertheless must be done.  How is it done?  By breaking down the complex into the simple, into manageable numbers, then addressing the overall issues and rebutting by citing the relevant case-law.

Addressing and Rebutting — the two ends of a bookcase which constitute the essence of a winning argument.  Contact an OPM Disability Retirement Attorney who specializes in Federal Medical Retirement Law, and make sure to address and rebut the legal and medical major issues in every Federal Disability Retirement case.

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 Disability Retirement Application: The Other Side of Utopia

The plethora of dystopian fiction must be an indicator of society’s anxieties.  It used to be that Orwell’s 1984 was the singular defining work, followed by Bradbury’s Fahrenheit 451.  More recently, Ishiguro’s Never Let Me Go, and its sequel, Klara and the Sun; and Ogawa’s The Memory Police.  These round out the quality of dystopian novels — not relegated to pulp fiction, but of a serious genre.

Why we relate to such themes; whether this global pandemic will produce a wider variety of such works; and to what extent the negative worldview created by problems worldwide seemingly unsolvable and constantly inundating us with tragic stories about poverty, destruction, death and injustices — only time will tell.

Personal struggles and tragedies should not be overlooked and dismissed merely because greater worldwide catastrophes exist.  It is never helpful to minimize one’s personal problems by saying, “Oh, it is nothing in comparison to what happened at X”.

For Federal employees and U.S Postal employees 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 other side of Utopia is not merely to endure the growing realization that you can no longer do your job; rather, the other side of Utopia is to file for Federal Disability Retirement benefits under FERS.

Contact a retirement attorney who specializes in OPM Employee Disability Retirement Law and begin the process of precluding the dystopian worldview that a medical condition can surely impose.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement under FERS: Stress of the Moment

From a distance, we can all handle stress.  It is that time and removal from the moment that makes all of the difference, is it not?  Afterwards — after the explosive anger, the sudden quietude or the paralyzing fear — we reflect and wonder as to what created such a stressful reaction.  Or, years later, one may recall that it was a moment of “something”, but rarely remember the exact details as to what prompted or triggered it.  It is often the combination of multitudes of factors: Too little sleep; overworked; a sense of isolation; a feeling that no one around you really cares, etc.

Then, when a medical condition enters upon the scene, all other factors tend to become exaggerated, magnified and exacerbated.  One’s health and deteriorating medical condition always adds to the stress.  It is like the old adage about a fish not realizing that it is swimming in water; when we have our health, we barely recognize it; when we lose it, it becomes the focal animus of our daily lives.  Without our health, there is no “stress of the moment”; rather, every moment is a stressful experience.

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, it is time to consider filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, in order to reverse the course taken — that of going back to experiencing the stress of the moment, as opposed to living a life of unending, unendurable and eternal stresses throughout each and every waking moment.

Sincerely,

Robert R. McGill, Esquire

Applying for FERS Disability Retirement: Thinking Alone

It is, for the most part, a solitary act.  Yes, yes — there are “asides” and soliloquies that allow for intermingling of thought and statements propounded; but it is the insularity of the act, the privacy of the moment and the continuum of confined deliberation that makes for thinking to be an “alone” activity.

Thus is it a tautology to place the two words side by side: “Thinking” and “Alone”; for, to think is almost always to do it alone, and when one is alone, there is often nothing else to do but to engage in the act of thinking (although, one might quip, looking at most people with their vacant stares, one might substantively dispute such an assumption).

There are, of course, attempts at changing human nature:  Of group therapy; of collectivization of “brain-storming”; and of communal gatherings in order to think out-loud the cooperative interests of intermingling thought-processes; but nevertheless, by and large, thinking alone is an activity of solitary insularity, like Shakespeare’s characters reflecting upon one’s fate and future.

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, thinking alone may not be the best course of action. Consult with a Federal Disability Retirement Attorney in coming to a decision concerning one’s best course of action.

For, while the activity of “thinking” may be one that is normally performed “alone”, it is always important to remember that the process of gathering the relevant information in order to do that very activity of “thinking” should never be “alone”, but should include sound advice and counsel from an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

 

Early Retirement for Disabled Federal Workers: Life Well-Reflected

Such a concept can have a duality of meanings; from an outsider-insider viewpoint, or an objective-subjective perspective; of a life that reflects positively to others, such that a community views an individual favorably; or, an alternative interpretation is of a person who has lived one’s life carefully, with planning and thoughtful care.  Most of us live, or try to live, in the former manner; some few, unique in its rarity of form, carefully and thoughtfully plan first, then set out to accomplish goals and objectives in accordance with those plans.

Life’s unexpected vicissitudes, however, come in waves of unexpected and unplanned consequences, and rare is the exception that can accommodate and assuage the tumults that demand and compel change and circumstances that obstruct or otherwise alter the course of any given day.  That is why even a well-reflected life, with the best intentions of traveling a straight line between Point A and Goal B, can rarely be accomplished without some modifications along the way.  Instead, the “other” meaning of the concept — of a person who lives in accordance with principles and integrity no matter the obstacles that come one’s way — is true of the greater percentage of most of us.

We go through life keeping our commitments, doing the best we can, honoring promises and treating others in a fair and respectful manner.  Then, in the end, when the old man is rocking in the proverbial chair of honor, a community can say of him or her that the individual reflects well upon all of us.  It is rare to have a well-reflected life based upon careful planning, precisely because life just doesn’t “work” that way.

Medical conditions constitute a prime example.  They suddenly appear, wreak havoc upon the best-laid plans, and proceed to persist in their vehemence of obstructing, diluting and impeding every effort to to get to that Goal B.  For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition impedes or prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may become necessary to adapt to the changes that impose upon a “well-reflected life”.

Filing a Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is not a negative reflection upon a life well-reflected; it is just another “bump in the road” that requires further thought and planning, and the first step in a well-reflected Federal Disability Retirement application is to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: Interests

There is self-interest; then, the interest of the third party; or perhaps on behalf of the interests of you, the second person.  Whatever the interests involved, for some odd reason, it is the “self-interested party” that raises an ire of suspicion, a pause devolving with a wrinkled eyebrow, a frown or a furtive look of concern.

Thus, of the old adage that a person who represents his or her own interests may be deemed a fool —but not because of any fervency of advocacy, or even a question of competence, necessarily; rather, it is because of the loss of objectivity that is perpetrated by failing to be able to step back and review one’s circumstances with disinterested dispassion.

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 basic elements of one’s Federal job, the concern about whose interests are being looked after, and whether or not what you are doing is in the “best interests” of the client involved — you — should always be one of concern.

You may well be the best person who looks after your own interests — for, surely the one who has the most to gain or lose is the one who will look after those interests.  However, the reason why representing one’s self in a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often an unwise move, is because the loss of objectivity cannot always be overcome by the medical evidence presented to the U.S. Office of Personnel Management.

It may well be appropriate to write an impassioned letter in declaring one’s love for someone; or even a heartfelt declaration using many adjectives and adverbs in conveying condolences or an apology; but when one is beset with a medical condition and is trying simultaneously to manage one’s medical conditions while describing it for purposes of trying to obtain OPM Disability Retirement benefits — it may be too difficult to unravel the double helix of self-interested entanglement in order to attain a needed level of objectivity in the matter.

That is why interests self-directed, especially when pursuing a Federal Disability Retirement annuity, would best be left in the capable hands of an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: The pleasurable distraction

When does a distraction itself become a distraction, such that the pleasure beheld becomes instead a burden and no longer is a pleasurable distraction?  It is like the tangents that become the mainstay of a life; suddenly, the peripheral matters become the central conditions, and those fences that once preserved the clear boundaries have fallen into disrepair, and instead there seems to be no end to the bifurcations needed in life’s inherent complexities.

Thus, was once a hobby a pleasurable distraction, now merely a nuisance that is left in the junk heap in the corner of the garage?  Or an activity of physical exercise that one exuberantly tackled, now a necessity because of failing health, and increasingly intolerable because of the time it takes, the stresses of needing to attend to other, more “meaningful” projects, and so we exchange prior declarations of glee for that of old-age grumbling.

Playing with the kids; throwing the ball with the dog; watching a movie together with that “special other”; these were once pleasurable distractions, now jumbled into the stresses of life as if they are just “things to do” on the daily lists of activities, as opposed to that which is “looked forward to” in order to escape the centrality of problematic living.

We have lost, in modernity, the capacity to enjoy; oh, yes, we make statements about how “happy” we are, and put on a brave face or a phony smile; but the reality is that “happiness” has lost its core meaning precisely because we are all expected to be so.  And thus has the pleasurable distraction been cast away on the trash heap of history’s many experiments, one more to be counted on the negative side of the proverbial ledger.

For Federal employees and U.S. Postal workers who have experienced 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 position, always remember that the pleasurable distraction was once the central focus of why we do what we do; and when that pleasurable distraction becomes transformed into a nuisance because the core basis upon which we engage the world – our work, our career, our means of making a living – becomes such a burden that we must abandon all such pleasurable distractions, then it is probably time to consider preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

For, when those pleasurable distractions become impeded by the unpleasant deterioration of a medical condition, the entire basis of the structure of why we continue on becomes questioned, thereby requiring a reformulation of the structures of unscientific evolutions – i.e., what it means to be “happy”.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Simplifying the Complexity of a Case

Have you ever had a technical person explain things in the mysterious jargon of his or her specialized field?  Or, the one who breaks it down into coherent components and translates it into a language game which is comprehensible?

Those in the former category are usually quite impressed with themselves, and are happy to hear the sound of their own voices as the supposed explanatory interlude maintains a semblance of technical competence superior to the audience of targeted turmoil.

The latter populace does what few have come to recognize:  competence is not determined by mere superiority of technical knowledge, but the ability and capacity to apply the knowledge, reduce it to its simplified contents, then provide an explanatory foundation through reduction of complexities into manageable form.  Otherwise, the esoteric nature of any discipline will be governed by every schmoe who can master the language game, without actually acquiring the technical expertise in the application of select knowledge.  For, in the end, the test of sincerity of words is not a compounding of further words, but of actions following up with a revealed understanding of both what was said, as well as done, in any given context.

Similarly, the fact that the salesman can talk the lingo of technology does not mean that he or she can fix a broken computer; it just means that the salesmanship is a learned volume of nice-sounding paragraphs.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the entrance into the universe of Federal Disability Retirement may be an option which must be entertained.  It is a surreal world of new terms, technical contents and definitional strangeness which constitutes a complexity beyond mere words, simply because the consequence of decisions made today will impact choices governed by tomorrow.

Can the complexity of the Federal Disability Retirement process be simplified such that comprehension of the bureaucratic procedures can be understood for its administrative context in the importance of both process and substance of content?  Because Federal Disability Retirement involves statutes, regulations and court case-laws of precedence from previous cases challenging various aspects of the process and substantive issues, the complexity of the entire venue is based upon the cumulative aggregate of decades in the making.  But of that larger universe of process and procedures, what splinter and slice is actually relevant to one’s particular case?  Probably a very small portion.  That is the focus which should be taken.

When one enters an arena of mystery, it is difficult to determine the relevance within the context; and relevance requires selective content and re-creating of one’s own context.  For Federal and Postal employees who need to file 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 simplifying the complexity of one’s own case should be governed by information, knowledge, and selective application of relevance and required completion of necessary content.

Try this for a change, as a test of the principle of knowledge and application:  enter one of those chain-gadget stores and hand the know-it-all salesman a gadget needing repair, and see the language game of competence turn to a stuttering paragraph of excuses and explanations about how the complexity of the component is simplified by the simple justification:  Not my Department.

Sincerely,

Robert R. McGill, Esquire