Tag Archives: federal disability attorney

FERS Disability Retirement from OPM: Before and After

Do you remember those old pictures on the advertising pages of various magazines?  Or, perhaps they are still there?

Whether for diets, some “Atlas He-Man” powder to build muscles; where the “before” picture is always grainy and indecipherable; whereas the “after” photograph is of a beaming, smiling, clearly and visibly an ecstatic person, satisfied and happy with the product and the end results.

comparison of the two — the person “before” and the individual “after” — is always of dubious quality (at least with respect to the “before”), and triggers the question:  Is it the same person?

But the question itself is somewhat irrelevant — for, of course, in one sense, it is not the same person; the person “after” is different because that is the whole purpose of the advertisement, to convey to the reader that the person “after” is a different person from the person “before”, and the photographs are meant to show you the difference.

So, is it false advertising if the person photographed in the “after” picture is not the identical person as the one shown “before”?

In one sense, it obviously is, because the advertisement is trying to persuade you that the product being sold is what caused the change, and surely if you photograph the “before” person as being the same — but now different — as the “after” person, some semblance of subterfuge was engaged in.

On the other hand, if the whole purpose of the advertisement is to convince you that both the “before” person and the “after” person (both of whom presumably used the product being sold) are, in fact, “different” from one another, then how is it that there is any falsity in the advertisement?

For Federal employees and U.S. Postal Service 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, clearly — and without false advertising — there is a difference between the “before” and the “after”.

Before the medical condition, the Federal or Postal employee was a vibrant, productive worker.  After the chronic medical condition — well, the clear necessity to prepare an effective Federal Disability Retirement application under the FERS system tells the whole story.

Contact a FERS Disability Attorney who specializes in OPM Medical Disability Retirement Law, and let not the dubious advertising of those “before” and “after” photographs in those old ads detract you from pursuing the need for FERS Disability Retirement benefits before the after of the debilitating health conditions worsens and goes too far.

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 Medical Disability Retirement: The Happy Meter

It works best when no one takes notice.  Think about it:  When are you happiest?  Was it when you stopped what you were doing and asked the question, “Am I happy right now”?  Or, was it when you never noticed, never took note of it, but were simply engaged in the activity which brought you that joy and sense of carefree exuberance?

This modernity’s obsession which emotional quotients, the need to gauge one’s emotional “health” and the need to keep that smile plastered on one’s face at all times, lest others might judge you as being less than the acceptable needle-point resting on the western side of “acceptable” as opposed to the eastern side of “deliriously happy”.

The Happy Meter is a concoction of this modern obsession with happiness being a goal, as opposed to a byproduct of living life properly.  Of course, we don’t ever talk that way, anymore — Of how to live life; of what it takes to maneuver through the difficult phases of life; of disciplining one’s self to govern by rational intentionality the appetitive/emotional natures of our souls, etc.  Heck — we no longer even believe that we possess a soul, leaving aside trying to govern the lesser natures of that soul.

For Federal employees and U.S. Postal Service workers who are suffering from a medical condition where the medical condition doesn’t seem to arouse any empathy from your supervisors, coworkers or anyone at all in your agency, perhaps it is time to make a clean break and exit from your agency before your agency forces the exit upon you by proposing to remove you — by filing an effective Federal Disability Retirement application under FERS.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and perhaps you may be able to avoid altogether the fake smile you have had to paint upon a face which clearly would fail to register on The Happy Meter.

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 Law: Mental Accretions

It is the “process of growth or increase, typically by the gradual accumulation of additional layers or matter”.  It is that which becomes magnified within the insularity of the mind — of the aggregation expanded by creativity, imagination, fears, potentiality, impotence, nightmares; in short, the fullness of one’s cognitive infinity.

Mental accretions include the limitless capacity of the mind towards exponential creations by taking the encounter of Being — of what “is” — and going beyond and imagining the worst, or the best.  Kantian philosophy would be compatible with this perspective — of the categorical imperatives, the imposition of human perspectives upon the noumental world of pure objectivity; and in the end, it is the human, mental accretions which determine whether or not we can maneuver the greater world within which we must operate.

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, mental accretions are often the roadblock preventing the next step in moving beyond your present circumstances.

For, it is often the mental accretions themselves — of magnified fears out of proportion to the reality of your situation; of imagined impediment reflecting not the problems able to be solved, but of unreasonable conclusions reached without sound advice.

Do not let the mental accretions rule and ruin the potentiality of what may be; instead, contact a Federal Lawyer who specializes in FERS Disability Retirement Law, and begin the process of getting sound and practical advice in preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, and stop fretting over the mental accretions which fail to reflect the true perspective of your current circumstances.

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 under FERS: The Bellwether

It is the leading sheep of the flock, graced with a bell on its neck in order to establish its role for the others; or, in more colloquial parlance, the predictor or indicator of something.

Thus, a red sky may be the bellwether of a coming storm (not being a seaman, one forgets whether it is the night or morning sky which is the predictor).  If one is superstitious, a cracked mirror or the unexpected crossing of a black cat is likely a bellwether of something — although, in modernity, perhaps the anachronisms no longer apply.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or her Federal or Postal job, the question of a bellwether is appropriate.

Under FERS Disability Retirement laws, one must be able to show that a medical condition will last a minimum of 12 months.  One does NOT have to wait the 12 months in order file; merely, that a doctor can, within reasonable medical probability, “predict” or provide a prognosis that a medical condition will last for at least that long.

Most Federal and Postal workers “know” from the start whether or not a medical condition will last a minimum of 12 months; such a bellwether is not rocket science, but more of an intuition established by one’s sense of one’s own health.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and see whether the bellwether rings for the pathway towards an early medical retirement under FERS.

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 Representation: Guidance by Expertise

You can tell when it is “not” the case; the mishmash, the inconsistencies; the errors of content and significance; and it is precisely when guidance is lacking which the glaring inadequacies show, and can be taken advantage of by the other side.

When a play is performed on stage and the focus is upon the story itself — where criticism is targeted more on whether this actor or actress was better in her role here than in another play, or whether a certain scene accurately portrayed the story, etc. — and not upon the poor lighting, or the sound quality, then it becomes clear that the production itself was through the guidance of expertise.

When things go as they are supposed to, embracing the old adage of “smooth sailing”, it is likely that there was guidance by expertise.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS, guidance by expertise means that there is a coordination of the facts, the evidence and the law.

It doesn’t mean that every case will be approved; however, the chances of an approval will be greatly enhanced precisely because guidance by expertise is performed by a master of the production.

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 Worker Disability Retirement: The Unresolved Problem

It won’t go away on its own.  We might wish it did; we might try to “will it” away; or, one might consider just ignoring it.

There are, to be sure, some problems which resolve themselves.  Children and their emotionally-fraught years of teenage problems — they often resolve themselves through age and distance; although, in this day and age where greater danger lurks in the dark web of the ethereal world, the job of the parent often is to make sure the problems don’t compound themselves into irreversible calamities.

A limp, too, might resolve itself.  And if you step in some dog-doo — yes, over time, walking with it on different surfaces will eventually scrape it all off from the soles of your shoes.  But as with children and dog-doo, it is often a good idea to take the time and initiate some action which is aggressive, positive and deliberate.

Filing for Federal Disability Retirement benefits under FERS requires just such an approach, because in the end, the chronic and debilitating medical condition is one of those unresolved problems.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management, and begin the deliberative process of tackling the unresolved problem.

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.

 

Medical Retirement Benefits for Federal & Postal Workers: Expectations versus Reality

The dawn of the American century arrived sometime after the First World War.  America’s entrance into the world stage; its dominance in influencing culture, economics, politics and social upheavals cannot be ignored.  At home, too, kids were brought up with a view that expectations were limitless; that everyone could achieve anything and everything so long as you put your heart, mind and soul into it.

The reality, of course, is quite different.  For, the fantasy of expectations fails to take into account individual limitations, whether in the arena of creativity, intelligence, circumstances or just plain luck.

We taught our kids the false pablum that in America, everything is possible for everyone, and thus do we have the reality-check upon millennials and others that, NO, not everything is possible, and sometimes you have to accept the plain fact that reality imposes a check upon your expectations: You cannot win at everything; you cannot succeed at every crazy venture; you are not always going to come in first; and, in fact, you may not even be given a pat on the back just because you show up.

Medical conditions, likewise, provide a reality check.  We are not all of us triathletes; our bodies are, indeed, vulnerable; and though we may think we are a species which can multitask better than other specialized animals (i.e., the predator cats are good at chasing and killing; the falcon at zeroing in upon its prey, etc. — but the human animal, though not the best at any one thing, is good enough at a multitude of different tasks), there is a limit as to how much we can do before the stress and anxiety of becoming overwhelmed sets in.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has given you the reality check against expectations of continued employment with your Federal Agency or the Postal Service, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of initiating the preparation, formulation and filing of an effective Federal Disability Retirement application — where you are finally recognizing that there is a substantive distinction to be made between expectations and reality.

Sincerely,

Robert R. McGill, Lawyer
OPM Medical Disability Retirement Attorney

OPM Medical Retirement under FERS: The Peppered Denial

Take a handful of pepper and go out into the snow (which shouldn’t be too difficult, given the snow storms of recent vintage, at least in certain areas of the nation); throw it up into the air and let it “pepper” down.

What do you see?  Pock-marks of darkness, and as it dissipates with the melting cold, a spreading of dark spots — depending upon the kind of pepper it is. Or a shotgun blast from afar — see the spread of indented imprints left where the pellets become less constrained based upon the distance of the target.

The U.S. Office of Personnel Management takes the same approach — of “peppering” you with reasons in a denial of a Federal Disability Retirement application.  X-medical report says Y; notation on the doctor’s progress note indicates Z; you didn’t have any service deficiencies; even though B says C, it doesn’t matter because OPM doesn’t believe D; and on and on.

One would think that, instead of such a meandering approach, the OPM medical specialist would present a tighter, more coherent basis for such an important issue.  The question is: Does each pepper-spot need to be cleaned with a salt-like application to answer them?  Or, can a more generalized approach be applied?  It depends.

Contact a FERS Disability Retirement Lawyer who specializes in OPM Disability Law and begin the process of responding to the peppered denial from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer

 

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

 

Federal Employee Disability Retirement: Peace of Mind

It is a wonder how information is restricted or fails to be disseminated.  Of course, like all insurance policies, one is never interested in the details of an insurance policy unless and until it is needed.  Insurance is often likened to “peace of mind” — and that is how it is packaged and sold.

You purchase insurance not only because it is required (such as auto and home), but because of the fear of the “What if” scenario: What if I die before my children have grown up? (life insurance).  What if someone gets injured on my property? (umbrella insurance).  What if I become disabled and am unable to work? (Disability Insurance).

Yes, there are private policies, as well, but fortunately 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, there is the added benefit of Federal Disability Retirement.

You may not need to access it for now, and for that, it provides a “peace of mind” until and unless it becomes necessary.

Sincerely,

Robert R. McGill
FERS Disability Attorney