Tag Archives: federal employee medical inability

Federal Medical Retirement Law: The Dogmatist

It is easy to fall into being one; and, one need not be overtly (or overly) religious in order to be considered as such.  Ultimately, it is not the opinion held or the inability to see different perspectives or “angles” on a matter; rather, it is the attitude which defines the dogmatist — the arrogance; the refusal to consider other viewpoints; the intransigence of thought.

Now, that is not to say that being “dogmatic” is always a negative thing; for, there are instances in life where “sticking to one’s principles” is a good and necessary thing.  Sometimes, when the winds of change and the malleability of ethical or moral convictions seem to reactively alter as quickly as the weather, it is of some comfort to find a dogmatist in our midst.  But context and content combined, always matter; and it is the “when” as much as the “what” which determines whether being a dogmatist is justified.

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 duties, being a dogmatist may be a detriment.  Never think that your own case is a “slam dunk”; for, to be unequivocally adamant about the strength of your disability case is often because the one who suffers from a disabling medical condition cannot think otherwise — in other words, like a dogmatist would think.

Consider, instead, contacting a Federal Attorney who specializes in Federal Disability Retirement Law in order to get a more balanced view of your case, and leave your dogmatic views on more pressing moral or ethical issues which may necessitate the strength of your convictions in order to retain the antiquity of intransigent thoughts.

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 Employees Retirement System (FERS) Disability Law: The Arbitrary Discount

When it is to one’s favor, of course, the arbitrary discount is a welcome benefit.  Every now and again, it happens — more often in an independent store, where the owner will say, “Well, you’ve been a great customer; I am going to give you a 10% discount just because…”.  Just because what?  No reason — just because it is Saturday; just because you are pleasant; just because I wanted to, etc.

That is the nature of an arbitrary discount.  However, what about an arbitrary discount when it is not in your favor?

In a Federal Disability Retirement case, the OPM “Medical Specialist” may deny a Federal Disability Retirement application with the following reasoning: “Your treating doctor is not a specialist in treating X.  The restrictions placed on you are therefore invalid and you have not shown that you are disabled.”  WHAT?  And yet — it is just another arbitrary discount — the discounting of your treating doctor as a valid person to make reasonable medical decisions; it just so happens that such an arbitrary discount is not in your favor.

Even though, of course, the law supports you in every way and even though OPM’s opinion should be discounted entirely.  But hey — OPM is the independent owner of the “store”, and they can do what they want, right?

Contact an OPM Disability Retirement Attorney who can and will fight against such arbitrary discounts.

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 for Federal & Postal Employees: The Fade of Memories

The following statement is likely not a controversial one: 2020 is/was a bad year.  The pandemic; the economic devastation for so many; the contested national election; the various shut-down orders; the caution not to gather and celebrate with even family members; the isolation; the fear; the constant drumbeat of Covid-19 victims.

These are but a few.  Years from now, will the fade of memories give us a different perspective?  Will this past year — like other years in human history — be kinder in memory than in reality? Will words posited by historians in describing 2020 have adequate force, sufficient articulation and relevant linguistic constructs such that they convey the true sense of this past year?  We shall see.

The fade of memories is an important “talent” which human beings possess.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, isn’t that the whole point — of trying to reduce the stress, to be able to focus upon one’s health, and to attempt to regain some semblance of sanity; and so long as the medical condition impacts one’s ability and capacity to continue working, the devastation wrought by a medical condition will remain at the forefront of one’s daily living.

Contact an OPM Medical Retirement Lawyer who specializes in Federal Disability Retirement Law, and see whether or not the Fade of Memories will not only bring 2020 as a mere passing dream, but as well to obtain a Federal Disability Retirement annuity in order to help improve one’s quality of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The Mistakes We All Make

Are they correctable?  Are they irredeemable?  Is there some office at the local government building marked, “The Department of Corrections” — No, not the one that runs the prison facilities, but another, more important one: An Agency that can correct the mistakes we make in life.  Such a Department, if it exists, might have the following conversation:

“I need a mistake corrected.”
“Take a number and have a seat.”
“But it’s an emergency.  I need the mistake corrected immediately.”
“Emergency mistakes are handled by the Department of Emergency Corrections just down the hall.  Take a left out the door, then the 2nd right, and the third door after the right turn.”
“Can they correct all mistakes — even ones that seem to be stupid ones?
“If it is a stupid mistake, then that is taken care of by the Department of Stupid Mistakes.”

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, consult with an attorney who specializes in Federal and Postal Disability Retirement Law.

Even if you have already begun the process, it is important to make sure that your Federal Disability Retirement application is as “mistake-free” as possible; and while there may not be a “Department of Corrections” of any sort, a FERS Disability Attorney who specializes in Federal Disability Retirement Law comes as close as you can get in responding appropriately to such an inquiry.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Trials of error

Normally, of course, the common usage of the terms involve the combination with a conjunctive — of trial and error, implicating a process whereby the latter term triggers the former (i.e., the “error” forces us to engage another round of trials, which then may lead to further errors resulting in further trials, etc.) into a potentially lengthy repetition of attempts, each with the advancement through possession of greater knowledge gained from the errors identified and witnessed.

The concept as it stands, however, implies something further:  of the experience of each error and the process within such error and what the error may implicate.

Human beings have an expansive capacity to “move on” quickly beyond errors made, and perhaps that ability of adaptability is an evolutionary advantage for a species that makes a fair number of errors that, in other contexts and within other species, would spell the extinction of the species itself.

Errors compounded go beyond the experience of the trial itself; sometimes, errors lead to other errors, and thus the “trials and errors” in their aggregate allow for greater knowledge and adaptability depending upon the nature of each error and of many trials.  But it is the trial of the error that often needs to be paused, and allowed to ponder upon, before going on to the next trial, lest the lesson from any one error has not been sufficiently learned before a further trial is engaged.

Sometimes, of course, the trial of an error, if not sufficiently comprehended and reflected upon, is the very reason why further errors of judgment follow, precisely because not enough time has been spent upon the nature of the error itself.

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 satisfactorily performing one or more of the essential elements of one’s Federal or Postal job, it is important to recognize the trial of an error — for, with a Federal Agency or the Postal Service, one is encountering a behemoth of intransigence when attempting to garner any sympathy or loyalty.

Medical conditions themselves are “trials” enough, and when a Federal Agency or the Postal Service begins the process of punishing the Federal or Postal employee for taking too much SL or LWOP, or even invoking FMLA rights, the “error” is not so much the trial of patience, but rather, in thinking that the Federal Agency or the Postal Service was ever on your side to begin with.

While a Federal/Postal Disability Retirement application may not be a strictly “adversarial” process, one must always consider whose “interests” are being looked after in each trial encountered:  the interests of the Federal Agency or the Postal Service, or of one’s own?

The trial of error often begins with a mistaken identification of a more fundamental error on the part of the Federal employee or U.S. Postal worker, and for the Federal or Postal worker contemplating filing for Federal OPM Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the first step in preventing the greater trials of multiple errors is to consult with an experienced attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Overload

This is a perilous time we live in.  Some would counter that it all depends upon one’s outlook and perspective; that for those who have an adventuresome spirit, a sense of excitement for the future, and a fearless attitude in facing challenges, such times as these are for the bold and independent-minded.

Youth, of course, has its advantages; having nothing to lose, they race blindly ahead without concerns for the consequences left behind.  Nostalgia for a time gone can be infectious and wasteful; there are too many things happening in modernity to allow for reminiscences to crowd in.

This is an Age of Overload.  We read about and watch popular series about a time past, of horses and buggies, of simplicity in living, and wonder how in the world did we become what we are today?  Is it all a grand illusion?  Were there as many problems, worries, concerns and angst-ridden days as these days?  Was life ever really simple where children danced daily through fields of wildflowers during summer months of lazy and carefree memories, like wistful shadows wilting on a rainy day where no one spoke in fearful whispers beyond the day’s journey of time?  Or was it always like it is today — of overload and constant flux, of working beyond hours assigned and never seeming to meet the day’s obligations or responsibilities?

Then, of course, those beset with a medical condition have an exponential effect beyond the human capacity to endure.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s position, the overload that occurs because of the impediment of the medical condition itself can be overwhelming and irreconcilable.

Federal Disability Retirement may not be the most optimal solution in all circumstances, but it is often the only choice remaining.  Either that, or the Federal or Postal worker who can no longer perform all of the essential elements of one’s Federal or Postal position will have to simply endure, and often face the consequences of workplace harassment, increasing pressures and continuing deterioration of one’s medical conditions because of the added stresses.

In the end, it is this overload of stresses that defeats and destroys, and preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the only way to avoid the inevitable results of a society burdened with overload.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Retaining innocence in modernity

Is it even possible?  Moreover, what would such a state of Being be like, in contrast to the conceptual entanglements in the aggregate as defined, say, 50 – 100 – 200 years ago?  For, as deviancy has been defined downwards in an uncontrollable spiral of destructiveness, so the very concept of “innocence” has altered in meaning, tone and implications, has it not?

Is “innocence” now merely the absence of cynicism, or perhaps a greater form of naiveté?  Is lack of sophistication the same as being in a state of innocence, and if the latter is lost, does it necessarily mean the consumption of the former as well?  Can one shelter a child today, anymore than one can “find” a rare discovery in an antique shop or a yard sale – for, with the Internet and the capacity of everyone to immediately establish the value of an item, can one really “discover” anything new, anymore than one can retain innocence in modernity?

Perhaps, instead of the concept of “retaining” – which implies that which one once possessed, then lost – the better avenue of investigation would be in discussing the possibility of “attaining” – where an admission is made of a foregone conclusion that the yesteryears of innocence can no longer be repossessed.

Where, once children were sent out into the woods with sticks imagined as Civil War weapons, and bullets whizzed by and grazed an arm and death was but a dramatic fall after an imagined battle pitched against the heroism of the Great War now forgotten or the Second One that was the defeating of the forces of evil; now, replaced with drone strikes, terrorism and massive shootings where political correctness cannot even allow the child to engage in pitched battles, let alone pitchforks that no one possesses anymore as a relic of the past, because now the Smartphone, the Internet, the email and the Instagram have replaced the human interaction we once relished but now dispossess and discard as human detritus of inestimable degradation of worth; and so it goes.

So the question comes full circle back to:  Is retaining innocence in modernity even a serious question?  Likely, not.  Instead, we must each, each of us, formulate a paradigm of self-worth; of who we are; of where we came from; and determine to chart a course of “right” living.

For Federal employees and U.S. Postal workers who are subjected to a daily barrage of harassment and antagonistic behavior in the workplace because of a medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the pathway to retaining some semblance of innocence in modernity may be to prepare an effective Federal OPM Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, to stay will be to become a bitter and defeated jumble of cynicism with an endless chasm of turmoil; to seek help in the process by turning to an experienced attorney in order to obtain a Federal Disability Retirement benefit, then to exit the Federal workforce in order to focus upon the priority of one’s health, is to declare to the world:  I may not be able to retain innocence in modernity, but that doesn’t mean I have to play the fool, either.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The Mercenary

Why is it that money taints with toxicity of motive?  If a person does something with no compensatory demand, does that fact alone make it less suspect?  Does the professional soldier who gets paid by one’s own country show a level of patriotism unblemished, but the one who hires out for monetary rewards by another, belie a code of honor?  What gives the scent of blemish, the hint of a soul’s impoverishment, and the sullied character of an inner decay?

Are we merely taught to remain in silent awe at the poor woman in the story of the miserly penny, and frown if a child begins laughing and saying, “What a fool to give up the last penny!”  Are saints born, or are they taught and disciplined, when the innate signs of cynicism may yet win out over the empathy of a fool’s errand?  What good is “goodness” in an evil world?  Do we remember Bonhoeffer, or was his courage forgotten amidst the thousands of graves both marked and without remembrance, in a world where community no longer exists and friends are counted by Facebook likes and never by the warmth of human comity?

Somehow, money taints, and the toxicity of the transfer sticks like mud to the boots of a killer, leaving tracks and traces in the bogs of lives tarnished.  Yet, it is the exchange by which dreams are made, the goal for which daily toil is endured, and the chances taken in bribes received in order to attain a measure of financial security and the declarative success of an age where hypocrisy dares to utter its laughable voice of despair.

Is it because we believe that mercenaries fail to believe in that which is being fought for, and instead confuse the means for an end we misguidedly believe should be the end in and of itself?  Does engaging an individual for purposes of honor, country, faith and other tropes of a nation’s visage of vacuous promises make it any more substantive if the abandonment of a country of its own vital principles reaches a point where such terms no longer apply?

There are those who romanticize the independence of the mercenary, despite the Geneva Convention restrictions which grant lesser protections in the event of capture; and, yet, history is replete with their use and presence, from Ancient Egypt during the rein of Pharaoh Ramesses II  to the French Foreign Legion and the British Gurkha regiments, and beyond to modern warfare.  But romanticization and reality often conflict and collide, and the remaining entrails of toxicity remain with the scent of avoidance.

In more quiet arenas of modern life, the term itself is often applicable not to fields of the battleground, but to individuals who “go after” others for rewards and reasons of similar taint and toxicity.  In the employment arena, there are mercenaries aplenty, and they are predators that devour with equal ferocity.

For the Federal employee or U.S. Postal worker under FERS, CSRS or CSRS Offset who suffers 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, and therefore must prepare an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, the duality of dangers must be faced.

First, the allegation that the Federal or Postal employee is merely being a “mercenary” by “taking advantage” of a generous system of medical retirements, and Second, to beware of the mercenaries of the Federal Agency or the U.S. Postal Service who aggressively go after the Federal or Postal employee weakened and unable to defend him or herself during the process of preparing, formulating and filing a Federal Disability Retirement application, precisely because of the medical condition itself.

In both instances, it is the mercenary instinct itself which dominates, and no amount of honor or faith in country can withstand the onslaught of the vicious outliers of such gossiping geese.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Amoebic Devolutions

What if the telltale signs are there, but we cannot, or are unwilling to, recognize them?  Perhaps the forward progress has already stopped, and we are in the throes of having reversed course without knowing, and that the innate genetic material by which Darwinian advancement promised a glowing epicenter of continual advancement, has in fact turned around, and we are witnessing the march towards a regressive, amoebic devolution?

Maybe we have already reached that penultimate pinnacle of a paradigmatic precipice, and the discovery of our technological prowess has already peaked, to where humanity’s U-turn is characterized by the behaviors we exhibit towards each other, to institutions we once beheld, and of reflections in misty ponds where our own images can no longer be discerned with clarity of teleological purpose, but where childhood dreams were once of fluttering butterflies, colorful not just in flights of fancy but in the twilight moon of castaway days, when goblins, elvin creatures and hobbits of yore delighted the human soul with imaginations beyond mere cravings of fantasies, but of that time when the breath of peaceful solitude cast shadows beyond the cavernous dangers where ogres lie?

Certainly, one can make a forceful argument that, If X constitutes the highest achievement of Man, then Y must be an indicator that the deconstructionism of civilization has already begun the process of devolving further into the abyss of decadence of soul.  Is this all there is in life?

Once, in days of Roman legions and civilizations expanding with the quickened pace of cultural upheavals, the dawn of man’s hope and the pinnacle of invention, the arts and the Renaissance of Timeless beauty brushed across the canvas of humankind, and revealed the inner sanctity of an empty religiosity.  There are no more principles worth dying for; and that is precisely why people blow themselves up.  There are no causes valued; and that is why despair pervades throughout.  Are those two candidates the best we can offer?

Do we treat our spouses as we would our best friend, before we discard the years of shared belongings like so many dishrags we fling down the garbage chute?

For Federal employees and U.S. Postal workers who suffer from a medical condition, in addition to the harassment, difficulties and intimidations felt at work, it is often an agonizing decision to make — to take that initial step in order to begin the process of preparing, formulating and 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.

For, the tripartite compartmentalization of one’s life must coalesce in order to advance:  Recognition that the “status quo” cannot continue; a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties; the ability and capacity to amass and prove, by a preponderance of the evidence, that all of the eligibility criteria for OPM Disability Retirement benefits are met.

And of the amoebic devolution?

That march in the midst of time cannot be stopped, any more than the harassment, intimidation and workplace hostility can be set aside; and as the latter is probably an indication of the former, it is best to accept the reverberating laughter of the gods who look coyishly down upon the caverns of that hell we create, and wink at them from afar with the knowledge that we may well join them in the greatest farce we have staged — that of Man’s capacity to live in his own excrement while delusionally opining on how cultivated he believes himself to be.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The labyrinth of human psychology

Daedalus, in Greek mythology, constructed the complex maze for King Minos of Crete; it is reported that the multicursal patterns were so elaborate that even the designer himself could barely find a pathway out.  That is, indeed, reflective of the complexity of human beings.  Cynics are quick to dismiss our own species as predictable, untalented in any specific category but only in general terms; boastful beyond a simpleton’s ego and successful in self-promotion and propagation only because it is too lazy to do otherwise.

Repetition, the need for habituation of purpose, and forever seeking a quietude of reflective pastures in solitary reserve, the human animal both and at once can be definitionally reduced as a mere afterthought in the Animal Kingdom, yet cunning in its predatory mastermind in a universe otherwise devoid of sophistication.

Human begins are nothing if not complex; and the psychology of humanity in the linear history of conflicts, wars, greed and hatred of group behavior, only touches upon the depths of a labyrinth that even Daedalus would not have been able to figure out.  And yet we try; and despite our best attempts, the moment humanity deems to have declared the discovery concluded and forever ensconced in determined coordinates, whether as genetic material established with certitude or some mythology of a variation of a Freudian narrative, Man pauses for a moment, then surprises to turn upside down the paradigm of conventional explanations of behavior.  It is only the hermit who, within an iconic security of an ivory-tower observatory, can issue declarative narratives establishing uncontested truths of unequivocal certitudes.

The rest of us who must interact and maneuver through the unmapped waters of societal upheavals, are left to daily hiccups of unpredictable encounters with fellow human beings.

For Federal employees and U.S. Postal workers who must — in addition to dealing with mercurial managers and unpredictable outbursts from supervisors, coworkers and unnamed (and unnamable) agency heads — “deal” with a medical condition, such that the illness or injury results in an inability to perform one or more of the essential elements of one’s positional duties at the U.S. Postal Service or the Federal agency, the daily encounters will often quickly take their toll through exhaustion and profound fatigue beyond mere tiredness from a rough day’s work.  You become “pigeonholed” as that “unproductive employee”, and thereby reduced to a category, a name, a label and a farce.

But the labyrinth of human psychology can never be constrained within the convenient categorization denounced by fiat; the complexity may become repressed, but like the boiling pot gurgling to explode, will remain simmering in the quietude of suppressed restraints.  Then, and probably long past and overdue, it is time to prepare an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, to be filed with the U.S. Office of Personnel Management.  It is the only and best option available, lest the unpredictable and complex labyrinth of human psychology boil over into an uncanny cavern of a despairing tidal wave yet to be revealed.

Sincerely,

Robert R. McGill, Esquire