Help with Disability Retirement from Federal Agency or USPS: Fences

“Good fences make good neighbors” — a proverb we are all familiar with.  It is a saying which recognizes with suspicion and realism the inherently evil nature of man in his natural state.

It draws up, encapsulates and summarizes well the philosophical lineage of Hobbes, Rousseau and Locke concerning the distinction between Man’s State of Nature and the contractual empowerment achieved by the constraints of agreement, laws, civil society and the collective powers gained and applied with the rise of a government, state, and nation.

Fences establish the first border separating anarchy from civil society.  It recognizes the line which cannot be crossed; the restraint which is imposed in favor of both sides; and reduces the tensions resulting from misunderstanding and misapprehension.  Laws do the same — they provide the acceptable demarcations and impose a standard and criteria for decision-making.

The “fences” in a Federal Disability Retirement case are comprised of the statutes, regulations and case-laws handed down both from the U.S. Merit Systems Protection Board, as well as from the Federal Circuit Court of Appeals — which constrains and restricts the otherwise unfettered and capricious decisions render by the U.S. Office of Personnel Management.

Contact a FERS Disability Retirement Attorney who specializes in OPM Disability Retirement Law, and make sure and impose the necessary fences upon OPM in a Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement under FERS: Developing the Viable Case

There is often a “twilight” period in the course of struggling with a medical condition — where the impact of the medical condition begins to slowly interfere with work competence, daily living activities and physical / mental capabilities; where the doctors are considering whether the medical conditions are chronic and intractable; and what this all means for the future.

There can be a “tipping point” on either side of the case: Perhaps some minor adjustments and accommodations can allow you to continue in your career; or, you may have come to a point where it becomes clearer and clearer that your medical conditions are incompatible with the type of work you do.  Wherever you are in the process, developing the viable case should include clarifying the legal issues inherent in considering a FERS Disability Retirement case.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of considering where you are in the twilight period of your case.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement from the OPM: Knowing the Issues

Without that knowledge, you are going into the arena of legal battle in a blind state, at a disadvantage, and with a high susceptibility of being defeated.  Not knowing what the issues are is like engaging in a frontal assault without having first scouted the position of the enemy — their strength; the terrain; the weapons they possess; their numbers; what fortifications they have established, etc.

You can take a shotgun approach — of guessing at what potential issues may arise — and address them with generalizations and attempted musings of preemptive arguments, but if you don’t know what the issues are, how will you specifically address them, even in a prefatory manner?

In preparing a Federal Disability Retirement application under FERS, it is important to not only know what the issues are, but to address them in a preemptive way by citing the case-laws which apply.  Each OPM Disability Retirement case has general case-law citations which are always applicable — Bracey v. OPM, for instance.  But then there are specific case-law citations which should be tailored to the unique circumstances of your individual case.

That is why consulting and hiring an effective OPM Disability Lawyer who specializes in FERS Disability Retirement Law is important — so that you do not engage OPM blindly, but with a full view of what you are facing, the issues which need to be addressed, and the confidence that you have given yourself the best chance at success.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Value of Advice

If we could travel back in time with the knowledge we possess now, we would all be wealthy.  But then, if everyone were to travel back in time, all at the same time, the knowledge we possess would lead to acts which would alter the future from the perspective of the past.

Think about it: We all know that certain “tech” companies have soared in stock valuations.  With that knowledge, if we were to travel back in time, wouldn’t we all buy up all of the stocks, knowing that when we returned “back to the future”, we would have applied that knowledge pre-possessed?

But if everyone did that, it would diminish and de-value the worth of such stocks, and the course of human history would then have become altered. It is a conundrum without an answer. And, as human beings do not possess such retrospective wisdom, it is often a good idea to turn to those who can advise, guide and counsel as best they can.

In the field of Federal Disability Retirement Law, what would be the value of advice, counsel and experienced wisdom from an attorney who specializes in FERS Disability Retirement Law?

In considering the option of filing and fighting for Federal Disability Retirement benefits, make sure that you are hiring and paying for the advice of the attorney him/herself, and not just some law clerk or so-called “legal specialist” who purports to know about a field of expertise that only the Federal Disability Lawyer knows.

In other words, when you hire an OPM Disability Retirement Lawyer to guide you through the complex administrative process of Federal Disability Retirement Law, get the full value of advice by hiring the lawyer himself, and not the office staff.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Sparring

One’s sparring partner is supposed to sharpen your skills and prepare you for the actual event.  Whether it was the sparring partner which enhanced your skills, or the event itself which prepares you for the next one, is a debatable issue.  Is it possible that the sparring itself teaches you bad habits — especially if your sparring partner possesses greater skills than you do?  Is a sparring partner a “partner” if he actually beats you in preparation for the event for which you are preparing?

Proper preparation in any endeavor is the key to success; yet, the anomaly is that, it is the event itself, in whatever form, which is the truest way of preparing for the next event; and that is where “experience” counts, no matter the sparring partner or any other methodology of preparation embraced.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the need to begin preparing an effective Federal Disability Retirement application under FERS becomes evident, the key to the whole thing is to get together with an expert “sparring partner” — an attorney who specializes in Federal Disability Retirement Law.

There is no substitute, in the end, for experience and preparation; and in order to prepare, formulate and file an effective Federal Disability Retirement application with OPM, you need to contact the best sparring partner available — an experienced Federal Disability Retirement Lawyer.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal Government Employees: Lost

Is it a feeling; an emotion; a state of being; or merely a fact?  Or, can it be “all of the above”?  Can one say, for example, “I feel lost” — but yet be in one’s home or in other familiar surroundings?  Is it an emotion — like sadness or joy, but instead having the emotion of “lostness”?

It can certainly be a state of being; and there is no question that the statement, “I am lost”, can be a factual assertion where one is wandering through an unfamiliar city and you stop and say to a bystander, “Excuse, but I am new to this city and I am lost.  Can you help me?”

The latter of these examples, of course, is the more uninteresting; the first or second in this series, a conundrum that makes one pause.  When we experience the feeling or emotion, however, it is far from anything obscure or nebulous; we actually can, and do, experience a sensation of “being lost” — just not in a geographical or “factual” manner.

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 is natural to feel “lost” when confronted with the prospect of preparing, formulating and filing an effective Federal Disability Retirement application with OPM (the acronym standing for The U.S. Office of Personnel Management).

Consult with a Federal Disability Retirement Attorney, who can guide you through the maze of confusion, whether “being lost” is an emotion, a feeling, a state of being — or merely a fact.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Coming to Terms

It is when we avoid it that we fail to come to terms.  Often, we already “know it” — if by knowing, we mean that we were aware of the facts, that we had a sense of the “it” coming to fruition.

We somehow believe that, so long as we do not state it, or ignore it, or perhaps just refuse to ponder upon it — that then, reality doesn’t force us to come to terms with the “it”, whatever it is.  It is often a subtle psychological device, a gamesmanship of avoiding the obvious.  Major life decisions are often involved in the process of refusing to come to terms: Of the end of a marriage; of a death of a loved one; of a change in one’s circumstances; of a medical condition.

Medical conditions are often life-altering.  They force us to give up certain activities we have engaged in all of our lives; they mandate a change of dietary habits; they alter forever our own self-image.

For Federal and Postal employees who suffer from a medical condition such that the medical condition prevents you from any longer performing one or more of the essential elements of your Federal or Postal job, consider filing for Federal Disability Retirement benefits under FERS.  Before you move forward on filing a Federal Disability Retirement application, however, consult with an OPM Attorney who specializes in Federal Disability Retirement Law — for, that may be the first step in coming to terms with a future yet uncertain, but nevertheless offering some hope.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: What Kind of World?

It is one thing when chaos is rampant within one’s life; but when the “objective” world turns into a pandemic of chaos, we feel helpless, out of control, without hope.  For, the reliance that one has upon the world “out there” is the following: Within our own lives, there is always some amount of chaos — of divorce, a medical crisis, a family tragedy, etc.  But we still believe that the greater world retains some semblance of order and continuity, and thus do we rely upon the calm that surrounds and the rationality of an objective universe.

When that crumbles, as well — when the outer, objective universe becomes a flashpoint of people dying, a pandemic infecting, of men and women in strange space-suits carrying bodies to the morgue, and where the economic deterioration becomes seemingly endless; well, then the reliance upon the outer, objective world can no longer be, and chaos reigns both within and without; we feel helpless.

Federal employees and Postal workers who suffer from a medical condition already understand that feeling.  You cannot rely upon your own health; and, as it turns out, you cannot rely upon your Federal Agency or the Postal facility to be supportive.  You ask yourself: What Kind of World?  Filing for Federal Disability Retirement is meant to allow for some semblance of stability — of a base annuity to secure your future so that you can focus upon getting your “inner” world in greater order, regardless of what kind of world is offered by the “outer world” that can no longer be relied upon.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Loss of Continuum

How does a child know where the neatly-packaged meat displayed on a store’s shelf come from?  Or the clothes which hang on a mannequin displayed behind a plate of glass; or even of the glass itself?  And what about the old man who shuffles by with a cane and a bent back?

The child walks by and the old man staggers, and what question does the little girl ask or does the old man disappear after the two pass by — poof!  Like magic.  Yet, the old man — and the little girl — each have a life beyond the mere passing; of a childhood one has and the childhood the other will yet have; of a home, a hearth, a heart full of memories harkening from here to there, or perhaps to nowhere.

In a village of yesteryear, the continuum of each life is known because everyone shares in the life of each other as a community of interconnected lives.  In modernity, we give lip-service to “caring” and the continuum of life, but the reality is that we have no relationship with the person who stitched our clothes; nor do we know which animal from whence the meat came; or the farmer who grew the tomato in the produce section, let alone the life and problems of the person who stacked the Nestle cookies on the shelf so neatly.

The loss of continuum is how we live, and that is true of the Federal or Postal worker who suffers from a medical condition and goes into work — more often than not, none of the coworkers know the circumstances of the individual except that he or she is a “shirker” because he or she fails to “carry his own weight”, anymore.

Filing for Federal OPM Disability Retirement benefits through the U.S. Office of Personnel Management is often a step towards regaining the continuum previously lost — at least for the individual whose career in the Federal Service is no longer appreciated in a community which has been dispersed with the loss of empathy and loss of continuum.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Other’s Misfortune

Why is it that the other’s misfortune is a relief, of sorts?  Some relish in talking about it — often referred to dismissively as “gossiping”; while still others possess a superstitious fear about even referring to it, lest you attract attention and bring upon yourself the other’s misfortune, as if it is some sort of infectious disease which can be caught and spread upon its mere mention.

We tend to think of the other’s misfortune as a statistically relevant event, as if there are a certain set of misfortunes and each of us are in line to receive one, and our individual chances of being hit with a misfortune increases if the next person nearest to us has been hit with one.

Thus do we believe that if a death is experienced in our next door neighbor’s home, then ours must be next; and do we think in similar terms when good fortune comes about?  Does a gambler — or even a person who plays the lottery — believe that if the person next to you has hit the jackpot, that somehow you must be “next in line” and have a greater statistical chance of hitting the next “big one”?

Avoiding the “Other’s” misfortune has a sense of relief because we all believe that whatever fortunate circumstances we find ourselves in, we believe to be tenuous at best, and at worst, a mere streak of good luck that we neither earned nor are capable of retaining for long.

For Federal employees and U.S. Postal workers who suffer from the misfortune of a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is no longer the other’s misfortune that is worrisome, but of your own.

Consult with a Federal Disability Lawyer who specializes in FERS Medical Retirement Law, lest the misfortune that is not of the other’s may become compounded because the Law’s lack of compassion may not sit well with a misfortunate which fails to abide by the Agency’s “mission” or the Postal Service’s need for labor to remain uninterrupted.

Sincerely,

Robert R. McGill, Esquire