Tag Archives: federal employee disability retirement lawyer serving atlanta ga residents

Federal Disability Retirement: Different Approaches

There is a difference between the ‘How’ and ‘Why’ of things — “How something is done” is quite different from “Why something is done.”

One can argue that the ‘Why’ of something should logically precede the ‘How’, for the meaningfulness attached will motivate as to the mechanical doing of it; whereas, others will propose that one should simply follow Nike’s oft-repeated logo — “Just do it” — and in the act of doing it, the meaningfulness of the activity will naturally follow and be discovered.

Ultimately, they represent different approaches, and may even be characterized by different personalities.  The one who simply charges forward without purpose or meaning may be superficially identified as a ‘pragmatist’ of sorts, while the one who first ponders the “Why” of everything may require a ‘spiritual’ source in everything before proceeding.

In the end, however, the underlying source of everything returns us to that what Viktor Frankl identified as the central human motivational force — the paradoxical search for a life’s meaning.  The importance of the ‘Why’ cannot be ignored; and as science can only point to the ‘How’ of anything, the emptiness of an unanswered ‘Why’ will often paralyze us.

Life is difficult as it is, with calamities and unexpected twists and turns along the way, and the fragile state of our health can be devastating without having an answer as to the ‘Why’ of everything.

For FERS Federal employees and U.S. Postal Service workers who suffer from an chronic injury or other condition and are forced to make a major decision moving forward, preparing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management may be one of the biggest fights of your life, and while a FERS medical attorney may not be able to answer the more important question as to the ‘Why’ of what has occurred, it is the more pragmatic ‘How’ which may be needed, for the time being.

Sometimes, the different approaches require a priority of answers in a sequence less than optimally answered, and in the case of filing for Federal Disability Retirement benefits under the FERS system with OPM, it is the question of ‘How’ which must take precedence.

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: The Focus of Happiness

Self-focus necessarily leads to self-examination; and however one recites the variations of Socrates’ admonition, it essentially came to this: An unexamined life is not a worthy life.  And so the race to constantly examine ourselves has always been the focus of Western thought — both in the philosophical tradition, as well as in the theological tradition.  For, both Christianity and Judaism, also, require self-focus: of one’s actions, one’s sinful nature, and the need to self-correct in order to attain an entrance into heaven.

Eastern thought, generally speaking, of course (as all such discussions must embrace generalities unless we are to engage in an endless discussion of unattainable depth) engages in the opposite course of action: Whether Confucianism, which directs one to attain a level of filial piety in sacrificing for one’s family, or Zen Buddhism which calls for one to abandon the ego of self, the ultimate focus is to direct one’s self away from the very essence of self.

Thus is happiness not important or even relevant.  The obsession on one’s happiness, then, is often thought of as an unhealthy obsession more prevalent in thought because of the Western tradition of philosophy and theology.  But of both — Eastern and Western thought — health is a matter of concern quite apart from one’s happiness.  For, without health, there can be no happiness, no filial piety, and certainly not an abandonment of the self, precisely because without health, there can be no self to begin with, and thus no abandonment of the self.

For Federal Gov. employees and U.S. Postal Service workers who suffer form a medical condition which necessitates filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, it matters not whether the focus of happiness is the basis for the need to file for Federal Employee or Postal Worker Disability Retirement benefits.  In the end, nothing matters unless one maintains a basic level of health.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider that the focus of happiness begins, both in Eastern and Western thought, with the maintenance of one’s health, where mind and spirit must both retain a constant level of vitality in order to live a meaningful life.

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: Foreign Lands

Reading essays about foreign lands is often challenging where reference points and contexts are often presumed.  One immediately reaches for one’s Smartphone in order to Google the locations in relationship to a country — is it in the south of France, close to Spain?  It is near Paris?

Why that matters is another issue — for, somehow, if we can recognize a known entity, it makes us more comfortable in reading further about a strange area unknown.  Even if we have never been to Paris, we recognize that it is a large metropolitan city and can therefore relate it to our own experiences.  Context is important; reference points to that which is familiar somehow makes for greater understanding, comprehension, and appreciation.

Entering or reading about foreign lands is somewhat akin to preparing an effective application for Federal Disability Retirement benefits under FERS.  The entire concept is strange and foreign to somehow whose life has been dedicated to work and advancement.  To suddenly have to stop working because of a medical condition, and then to file for early medical retirement, is tantamount to traveling to a foreign land.

To be successful in a Federal Disability Retirement application under FERS, it is advisable to contact a “tour guide” — a disability attorney who specializes in Federal Disability Retirement Law, and thereby show you the familiar reference points in order to maneuver through the best sights, avoid the dangerous areas and pitfalls within the law, and to get you to the endpoint of the entire process: An approval from 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.

 

OPM Disability Retirement: Knowing where your dog poops

It may seem like a minor thing, but such seemingly insignificant knowledge often represents a metaphor for greater and more relevant factors.  What happened the previous day can set the tone of how the next, succeeding day will turn out.  There is, in life, a repetition and rhythm that is fairly predictable; and when that monotony of comforting recurrence is suddenly gone, one’s world and the universe of dependability can suddenly appear shattered and unreliable.

Dogs tend to poop in the same area, and their “habit” is fairly predictable — much like human beings. Knowing where your dog poops in the back yard is important if you accompany them in the early morning hours of the following day.  As the old adage goes, you don’t want to “step in it” — whether in your back yard, in someone else’ yard, or in a public park where some inconsiderate individual didn’t “curb’ their pet.

Life itself is a metaphor for things common, and knowing where your dog poops — or where all of the dogs of the universe have relieved themselves — is a lesson about trying to keep yourself out of trouble, embarrassment, discomfort, or a combination of all three.  For the most part, we learn in life to do just that — to avoid certain areas; to keep away from certain trouble spots; to remain reserved and cautious.  But then, there are other issues that crop up that we have no control over — such as a medical condition or an injury that occurs over which we have had no say-so, no control over, and certain ones which we could not avoid.

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, the constant striving to know where your dog poops — of trying to hide from the wrath of a supervisor, or of hoping that your agency will not notice how much SL or LWOP you have taken; of the work that hasn’t been done because of your medical condition; of trying to avoid being noticed too much for fear of retribution — in other words, of trying not to “step in it” — can become exhausting and daunting.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the “perfect” solution, but it is a step towards regaining some semblance of balance in one’s life so that, when you are approved for Federal Disability Retirement, you will once again know where your dog poops, even if it is dark, in the middle of the night, and the dog itself is unsure.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Happiness Lasting

Can the precipice of elation last for long?  What of contentment — a seemingly “lower-level” joy that pervades and remains for the duration of a season?  Does evidence of its durability depend upon a smile frozen upon one’s face, or can it continue to establish its existence with gleaming eyes and a perpetual grin that seems never to go away?  Is glee in youth different from a winter’s discontent followed by a summer of joy, and does a period of happiness fostered by nostalgia the same as two young lovers who proclaim the currency of an unfettered passion for life?

Modernity celebrates the cult of youth, and it is thus assumed that happiness is the sole possession of those who look and declare youthfulness; but in the end, is it just wasted energy that dissipates because the young have no knowledge of how to handle such emotional turbulence?  What does it mean to “be happy”, and should it ever be considered as a worthwhile “goal” as opposed to a byproduct of a life well lived?

When a person feels elation, should the advice be: Temper it, for such a spectrum of heights will never last and you will find its opposite and negative effect at the end of it all — of dread and dismal desolation.  Or, should one just enjoy it while it exists, and deal with its opposite when it comes about?

Aristotle’s approach of finding the middle ground — of a moderation of temperament and approach to life — may allow for happiness lasting precisely because the height and depths of the spectrum of human emotions are never allowed to consume us.

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, the idea that happiness lasting can no longer be attained is a pervasive feeling because of the medical condition itself and the effects upon one’s life and career.

Filing for Federal Disability Retirement benefits under FERS may not be the “solution” to attain happiness, but it can be a process where intermediate goals can be achieved — of what to do during the pendency of one’s medical condition; of how to change careers; of how to attain a sense of stability for the future while attending to one’s own health and well-being.

It is a means to an end, where happiness lasting can be seen in the short-term goal of securing one’s future by filing for, and obtaining, a FERS Disability Retirement annuity before the next set of challenges in life’s fulfillment of changing circumstances must be faced again.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The waiting room

We have all experienced the psychology of the cursed “waiting room” — that place which is assigned as the “intermediate” lull, like purgatory for the virtuous-to-be, where they think that by making you believe that you have now been chosen to wait in a separately sequestered area, your patience will become refreshed and you will allow for another lengthy wait.  The psychologists have it all figured out, don’t they?

First, you are left to wait with the “rest of them”; then, your name is called, and you leave those who have been waiting just as long, or some even longer, with a smug smile, thinking to yourself, “Whew, finally!”  But that sense of relief is short-lived, for it becomes clear that the room you have been lead into is merely another surreal suspension of reality’s cruel viciousness — for, this is merely an intermediate form of torture: The Waiting Room, where the real wait begins.

Somehow, the psychologists have figured out through studies conducted that patients, clients, potential customers, etc., will tolerate quite a bit of waiting so long as there is an “interlude” between waiting periods.  So, say you are at first forced into a queue with a group of others — the studies have revealed that 20 – 30 minutes is the maximum before agitation begins to manifest itself, unless you are “selected” and sequestered into a separate queue where your tolerance for a further waiting period can begin anew.

Of course, in reality, nothing has changed — it is simply that your waiting has been transferred from one area to another.  Can this occur multiple times?

Apparently, the studies have shown that, yes, so long as the logistics of the waiting period have been altered — as in, say, after 20 minutes for the 2nd waiting queue, a nurse walks in, looks at you and places a folder into the filing basket attached to the door.  Somehow, that momentary interruption focuses the waiting individual that your time is approaching, that we have not forgotten about you, and you will soon be seen.

The psychology of intermediate contacts increases one’s hope for the end of the waiting period, despite the fact that the same waiting period continues — it is just that the hour’s wait is broken up into segments of three 20 minute slices, and that, according to all of the psychological studies, makes all the difference.

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, one of the frustrating aspects of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the long and arduous wait that must be anticipated before a decision is made.

Expect the worst; hope for the best.  There are multiple stages to the process — of the Initial Stage; of the Reconsideration Stage; of an Appeal to the Merit Systems Protection Board; and even of a Petition for Full Review before the MSPB.

Thus, if you took all of the multiple stages, the “wait time” is tantamount to the slicing up of that very “wait time”, and the best way to give yourself the benefit of a higher percentage of success is to make sure that you increase your chances of getting it approved at the Initial Stage by consulting with an attorney who specializes in Federal Disability Retirement Law, lest you remain fuming in the Waiting Room where everyone else taps his or her foot while the collective blood pressures continue to rise.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Last stands

Of course, the one that always pops up in one’s mind is the most ignoble of them all, with the image from the movies depicted over and over: Of a blond-haired, straggly and wild-eyed man with a mustache of extravagant vintage taking a desperate last stand against the charging Indians.  Custer’s last stand somehow reverberates throughout the mythology of the American West, even though folly is mistakenly replaced by some view of courage or other laudable character traits.

It is the last stand of American Lore; but there are many others besides, some known, most in the private worlds that never become public.  We all have them; the proverbial line in the sand, the wall against which our backs are blocked, or perhaps the final straw that breaks the camel’s back.

When Federal Agencies propose a removal of a Federal employee, it is the “last stand” both for the Federal agency as well as for the Federal employee.  Or, is it the “last straw”?  Is there a difference between the two?  The latter, of course, constitutes the final act by one or the other individual or entity, and represents a reflection of having no other alternative, no room for compromise and left with no other choice.  But that also describes the former, to the extent that it reflects a situation that allows for no further room but to remain resolved in whatever hill of pride or fortitude one must consecrate the grounds with.

Last stands, however, need not result in the consequences that Custer’s famous one represents.  It need not be the final arbiter of a life well lived, and still to be lived.  Yet, Federal and 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 job, often look upon his or her medical condition as a “last stand” of sorts – one that ends one’s career and, in some mindsets, the very life that one is gifted with.

But keeping a balanced and proper perspective is important in all matters (though, for Custer as he realized that he had been boxed into a valley where there was no escape, perhaps there was no such thing as a “balanced perspective”), and the Federal or Postal employee finding him or herself in the “last stand” position of no longer being able to perform all of the essential elements of one’s job, is still left with some alternatives – one being, filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

It is an option that should be seriously considered, for having the benefit of a Federal Disability Retirement allows for a second career in the private sector or public state or local government, and allows the Federal or Postal employee to continue in another vocation or career, thus avoiding the disastrous consequences that have been historically annotated by Custer’s last stand.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: Thinking it through

What does the concept even mean?  When we guide the child with such a statement, we are asking that the formative years of impulsive reactivity pause for a moment to try a different approach.

“Think it through” – is an admonition to figure out the tangled web of problems by applying a sequential, logical methodology where frustration should not impede, and when patience becomes the friend of success.

“Thinking it through” is a reminder that there is indeed a solution, but sometimes the problem will only be sorted out if some further time is given in reflective pose, or Sherlock Holmes-like investigative intuition based upon the scientific paradigms of rationality.  Yet, one must also be reminded of the fact that “solutions” to problems do not always lead to satisfactory conclusions; sometimes, there are a finite set of alternatives, and no one of them may be an option that one delights in.

But, then, life is often like that, isn’t it?

We are beset and faced with a challenge; we review them, thinking each one through, and in the end, we face a dilemma where the solutions offered or revealed are not necessarily the ones we like; nevertheless, we must choose, like entering into an ice cream parlor at the end of a summer’s day only to find that all of the favorite flavors are gone and we are left with rhubarb spice and cotton-candy mixed with peanut butter drops – somehow, not the best of combinations and understandably left for those who came too late.

Then, of course, there are the questions for everyone who posits the answers as “thinking it through” – does the person have the sufficient knowledge and preparatory tools to actually figure out the problem?  Or, are there necessary pre-performance insights that must be gathered first, before the proverbial “key” can be used to solve the problem?

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 positional duties, the question of “whether” to file for Federal Disability Retirement benefits is best left to the Federal or Postal employee who recognizes the wisdom of the incompatibility between the Federal or Postal job and the medical conditions suffered.

It is only the “how” to file that needs some “preparatory” work and knowledge; for, that part of it involves the law, the regulatory morass and the bureaucratic complexity of submitting the 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.

For the latter, “thinking it through” may not be possible without the insight and knowledge of a Federal Disability Retirement attorney who specializes in that field of law exclusively.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The monster within

There are gargoyles we imagine, which are scarier than those in real life – unless we mean by them the ones who plan to do us harm (and not just murderers, rapists and other violators of the social contract scheme).  For the latter, we have laws, self-defensive mechanisms, and the ultimate justification for flight, and sometimes they work, at others, partially or not at all.  We can spend a lifetime fretting over the monsters without; it is those within – the former that haunts and never leaves the home of the mind – that destroy without a finger lifted.  For, in the end, it is fear that defeats, and that is well known by students of military strategy.

What weakness the adversary has, should be exploited tenfold as a vulnerability beyond the actual numbers; and what suspicion of doubt is kept in reserve, should be accessed and manipulated in order to magnify the exponential harm perpetrated by a cautious mind.  What looms large in one’s mind is quantitatively expanded despite arguments of logic, rationality and calm discourse; for, it is the imagination left untethered when the quiet of darkness falls upon a sleepless night, that the qualitative lack of focus begins to take shape in shadows unseen by a dawning light.

What can be more fearsome than that which we cannot control?  In reality, the circumstances that develop and unfold are mostly those that we have allowed for; in the creative recesses of our mental reserves, the expansive and uncontrolled destinies can never be curtailed, but have the limitless potential beyond any reality of sanity.  That is why the master torturer knows never to rush, and the interrogator recognizes the value of anticipation; of allowing the quiet fears to grow in the solitude of thought; and in the period between reality and imagination, the monster within can grow tenfold in untold features of taking on masks of fearful expressions and profiles of unfathomable terror.

How does one break that spell?  The shattering of an imagined fear is often tied to a fragile psyche that cannot be separated, and like conjoined twins who share a vital organ, should not be bifurcated but with surgical precision.  Fear is an interminable intrusion, unless and until the causative forces are intersected by an antidote which dissolves and dissipates.  The key is to find the antidote; and in the meantime, to hope that the elements of reality are not so traumatic as to overshadow the forces of psychic quietude.

For Federal employees who suffer from a medical condition, and Postal workers who similarly experience the pain of physical disabilities or psychiatric dysfunctions, the issue of when, how, and if one should file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is intimately conjoined with the growing monster within, while battling the dual forces of antagonism and contentiousness from without.  For, it is often the Federal agency or the U.S. Postal Service which exacerbates the problems associated with a medical condition, which then further complicates and magnifies the monsters stirring within.

To resolve such a problem, the answer lies in the very preparation, formulation and filing of an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management; for, in the end, the monster within becomes resolved only when the gargoyles outside are dealt with, and for the Federal or Postal employee with a medical condition, that resolution is defined by obtaining a Federal Disability Retirement annuity, in order to be able to take the next steps to secure a hopeful future, beginning with the act of separating from that environment of the Federal agency or U.S. Postal Service which helps to create the monsters in the first place.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The caustic nature of disdain in parity

In human history, class structure — whether of bloodlines or lineage; of wealth or claim to title and royalty; or of validated descendants from ancestral superiority — has been the norm.

Then, along came a religious figure (unnamed herein to avoid risk of inflammatory offense and preventing the potential for implosions of alarming hashtags in fits of fear and panic) who posited the notion that the “poor” (that class of mass populace which comprises the greater part of the world) should take “pity” upon the “rich” (those in the minority of the greater class struggle who control and manipulate the invisible levers of the world) because of the difficulties inherent in obtaining the proper credentials to enter through the proverbial pearly gates.

He went further in word-pictures of masterful storytelling, painting images of hellfire, suffering and punishment for those who mistreated the former, and where rewards, awards and commendations bestowed were merely of a temporary and ephemeral nature, whereas the eternal damnation based upon pleasures enjoyed in the temporal world would last well beyond the palliative superficiality of currency beheld.

The problem unstated, however, when the concept of “pity” was introduced, was twofold:  First, the validation of such a feeling and perspective made equals of those in unequal circumstances, and one could even argue, reversed the roles maintained for societal conformity and stability, and enforced a parity of stature; and, second, the emotional and psychological make-up comprised in the very heart of “pity”, is akin to “disdain”, and is a close cousin thereof.  Yes, yes — the one attaches to charity, a desire to assist and retains elements of empathy, sympathy, etc.; but it is more than that.  “Pity” allows for parity of status and stature, just as “disdain” reverses the roles of societal convention.

That religious figure of yore (though we may impute total and complete omniscience upon the fella) injected into society a heretofore unnecessary and problematic component of societal disruption.  It is, indeed, the caustic nature of disdain, which can evolve from pity, that presents itself as the poison which kills and the infectious spreading of ill-will and discomfiture.  The feeling of unease quickly spread throughout nations and continents, and we are in the state we find ourselves in modernity, because of that uninvited infusion of dissatisfaction.

For Federal employees and U.S. Postal workers who daily toil with a medical condition, and face the onslaught of the Federal workforce and the Postal groups, the problem of pity and disdain, and their combined causticity is well-known.  So long as you were healthy and fully productive, your coworkers, Supervisors and Managers treated you within the well-defined “class-structure” of acceptable conduct and behavior.  Once it was “found out” about your medical condition, suddenly their attitude and treatment towards you changed, and altered dramatically, or perhaps (in some instances) in incremental subtleties of quiet reserve but spiteful turns.

Perhaps some “pitied” you, and you them; but such feelings have turned to disdain — not on their half, but from your perspective. Why?  How?  You are the one with the medical condition, who cannot perform all of the essential elements of your Federal or Postal job, so what right have you?

Precisely because of that historical figure of yesteryear; that the true essence of human nature is to be cruel, and thus the best alternative remaining is to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in an effort to preserve the last vestiges of a class structure quickly fading in this world where the caustic nature of disdain in parity still survives.

Sincerely,

Robert R. McGill, Esquire