Tag Archives: federal employee representation legal nationwide

OPM Disability Retirement under FERS: Stages of Recognition

For the most part, most of us are at various levels of mediocrity.  Yes, yes — everyone can be president; everyone is a winner; everyone is special; and all children are precious.  And yes, you can be mediocre and extremely wealthy (just look at the current crop of today’s wealthiest individuals; is there any doubt as to their mediocrity?); but rarely does one see the likes of Frank Ramsey, Wittgenstein, Russell, Einstein, Godel, and so many others.

And, by the term “mediocrity” is not meant any negative connotation, but merely that one is a regular, functioning human being.

There are stages in the recognition of one’s mediocrity: Denial; Acceptance with a compromise that, okay, so I’m mediocre, but still more brilliant than most; Further Denial; Middle Age Denial (“I’m just a late bloomer”); Some attainment of a semblance of success — maybe even given an award at work for “Most Reliable Worker” — an accolade which allows for a temporary suspension of the final realization; Despondency at various times as one approaches the Winter of a life; A family, with kids, and your own kids exemplify and magnify one’s own mediocrity, but at least you have done your best and — hopefully — your kids look up to you and respect you.

And in the end, the final Stage of Recognition: That being brilliant is not the only or most important characteristic for life’s success, but rather, if you provided a warm and happy home for a wife, a child, or even a stray and abandoned “rescue dog” — well, that is achievement enough.  But, moreover, if you are a Federal employee who has enjoyed good health for most of your career, you have been successful, for health is ultimately the determining factor as to whether or not you have lived a successful or mediocre life.

It is something we all take for granted, until it begins to fail us.

For Federal employees and U.S. Postal workers who have believed for too long that mediocrity is some sort of failure — think again.  Most all of us fit into that category.  In the scheme of things, good health is better than brilliance, and when it fails, you need to contact a FERS Disability Attorney who specializes in Federal Disability Retirement benefits under FERS.  For, look at what brilliance did for Frank Ramsey, who died at the tender age of 26.  Between brilliance and good health, which do you think he would have chosen?

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 for Federal Employees: Memories of Yesterday

There was a recent single-captioned cartoon that had a man and a woman together (presumably a married couple), where one says to the other, “It’s sad when the ‘good old days’ are just yesterday”.  The point of the cartoon was to give us a sense of where we are today, where the pandemic has come upon with such rapidity and impact upon our lives such that memories of yesterday have become the fond fodder of our daily discourse.

The “good old days” are not a decade ago, or even a couple of years ago; they are yesterday.

Memories of yesterday: No concern that just by going out to the grocery store, you will contract a deadly disease that will land you in the hospital; or that there is any concern about eating at a restaurant; or that shaking hands with someone, opening the door to a store or visiting the home of a friend or neighbor will pose a danger.  Or that you may not necessarily be the victim or patient, but rather, you may become the unwitting carrier of a virus which may impact another, more vulnerable person.  Memories of yesterday remain fresh in our minds.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to continue in one’s chosen career, memories of yesterday are nothing new, and this pandemic has merely exacerbated the situation.

Federal Disability Retirement may be an option to consider, and you should contact a Federal Disability Retirement Attorney to see whether or not the memories of yesterday — before the onset of your medical condition — may prompt you to be qualified for the reality of today by filing for Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: A Thousand Cuts

It is the classic question which allegedly reveals something about a person’s inner psyche: Of whether you would rather die from a thousand cuts, or quickly and instantaneously?  Of course, the third option is never allowed within the hypothetical, because to include it would defeat the whole purpose of the question: Of continuing to live, or even of a “middle” ground, where it is not quite a thousand cuts and not nearly immediately.

But implicit in the “thousand cuts” alternative contains the hope of surviving, anyway, doesn’t it?  For, presumably to inflict a thousand slashes implies that it would take a considerable amount of time, as well as agony, torturous pain and unimaginable cruelty imposed; but it is time of which we seek in order to have any chance of survival, isn’t it?

Time is what we seek; that tomorrow may be different from today; that a future beyond the apparent corner may be a destiny yet unknown; that, without tomorrow, there would be no flame of hope, and it is that flame — however weak, flickering or susceptible to extinguishment at any moment — that we guard because the looming shadows await to overwhelm and dominate, like the lurking stranger behind the facade patiently awaiting to pounce once the flame dies.

We can endure much, and the time of agony can be withstood so long as there is some hope for tomorrow; and it is when tomorrow offers no hope that then we might ruefully mourn the choices we made in suffering through the thousand cuts.

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 job, the endurance suffered can be liked to the torturous spectacle of being cut a thousand times.  Perhaps Federal Disability Retirement is that very flame of hope that will keep you going.

Consult with a lawyer who specializes in Federal Disability Retirement Law and seek that goal of maintaining the flicker; for, without it, the tomorrow we live for may be extinguished by the other alternatives unimagined.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: Loss of Perfection

Is the human species the only one on earth that holds within it a paradigm of perfection?

That is, of course, the argument used by Medieval Scholastics in arguing for the existence of an omniscient being — that, in order for an imperfect being to possess and have the very idea of perfection, there must by logical necessity exist an objective Being who manifests the characteristics of perfection.

This is a much-simplified version of the Scholastic Philosophers — one such example being St. Anselm’s Ontological Argument for the Existence of God, which begins with the rather confusing linguistic pretzel of: God is that than which nothing greater can be thought of….  Such linguistic complexity makes one pause and consider the conceptual conundrum of defining an X which is beyond the thought process within one’s capacity, but that is, indeed, the major premise in the syllogistic proposal.

The minor premise, of course, is the statement posited in an offhand, understated way: That “to exist” is greater than “not to exist” — and how many of us would deny such a self-evident proposal?

And the conclusion that would follow naturally is that, because existence is self-evidently better than not to exist, therefore that than which nothing greater can be thought of must by logical consequence “exist”. Beyond the simple positing of such a syllogism, however, is the problematic follow-up that has beset our society and modernity — of perfection’s damaging residue upon a society which demands nothing less than perfection.  Or, rather, in today’s universe, it is the appearance of perfection that matters, and the destructive effect of such bosh.

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, the loss of the appearance of perfection will mean that the Federal Agency or the Postal Service will begin to (if it hasn’t already) punish, harass and demean; for, one of the greatest sins since Eve’s misdeed and Adam’s deficiency is of being mortal, of showing vulnerability and revealing weakness; in other words, one’s appearance of perfection has been shattered.

That is when preparing, formulating and filing for Federal Disability Retirement from the U.S. Office of Personnel Management becomes a necessity — for, the other syllogism for Federal employees and Postal workers suffering from a medical condition is thus: Imperfection is a reality of life; health conditions are an inevitability for most; Therefore, filing for Federal Disability Retirement is the next logical step.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement from the Office of Personnel Management: Predictions

How did the first person accurately predict the oncoming change of weather?  Of course, some would contend that no one has accurately predicted such a thing, and would scoff at the thought.  Was it merely by observation?

Why did logic not overtake the attempt at prediction — of Hume’s contention that there is no such thing as a “necessary connection” between cause and effect, but merely a repetition of events that can be defied when, in the next instance, what one expected may turn out to be wrongly presumed?  Or of other events — of the outcome of a contest between two teams; of great horse races, the Triple Crown, or even of Olympic events: Can accuracy of predictions be statistically enhanced by observation, analysis, careful scrutiny and always with a bit of luck included?

And in the field of medicine — is a “prognosis” the same, or similar to, a “prediction” of sorts?  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 requirements necessary in preparing, formulating and filing a Federal Disability Retirement application under FERS, CSRS or CSRS Offset includes a “prediction” of sorts — a prognosis that the medical condition will last a minimum of 12 months from the date of the application.

This does not mean that a Federal or Postal worker must wait for 12 months to establish that the medical condition itself will last that long, but merely that the medical condition itself will last a minimum of 12 months from the time one applies for Federal Disability Retirement — which, as a practical matter, makes sense because it takes about the same amount of time, on average, to get an approval from the U.S. Office of Personnel Management, and there would essentially be no point in filing if, upon an approval, you no longer suffer from the medical condition itself.

A “prognosis” is, indeed, a type of prediction, and most doctors will be able to provide “within a reasonable degree of medical certainty” as to the lasting effects and enduring nature of a medical condition, based upon experience, analysis and clinical encounters.

Now, as for the weather…

Sincerely,

Robert R. McGill, Esquire

 

Federal and Postal Disability Retirement Benefits: Signs

It is the title of a song by a group called, “Five Man Electrical Band”, first released in 1970, then re-released in 1971, and the lyrics intelligently portray a world replete with warnings, admonitions, commands and curtailing threats, demanding of us a conduct of conformity otherwise ignored unless backed by such direct mandates.

Of course, there are the other, more subtle signs that we either ignore or otherwise dismiss because of the quiet manner of reproach initiated.  Those subtle signs as evidenced by facial expressions; of a look unexplainable but surely existent with consequential meaning; or premonitions of rougher surf and winds blowing, animals fleeing to the relative safe havens guided by instinctive alarm; and of the rush of adrenaline raising the tiny prickles upon out neck and backs, in dark corners of unlit areas when sounds so distant precede the visual image of oncoming danger.

Do we pick up on them, or go through life disregarding unless and until the reverberations of such deliberate ignorance shatters the calm and quietude of our joyful resolve to remain blind behind a security of negation?  Those trite statements of permeable permissibility:  “He was a nice, quiet man,” said the neighbor next door after the devastation left by the referent cause; “I never saw it coming,” hoarsely uttered by the hospitalized individual in the midst of destruction and debris-filled lands; “Who would have thought…”  And, indeed, in this universe where thinking is paramount, and observation of subtleties a requirement for survival, it is that which we ignore that can harm and injure.

There are those in life who float through and must be protected by means of oversight and constant care; some drivers on the road (or, perhaps, most of them) have no business carrying a license; it is only because others avoid and careen away that survival without a dent, a bruise or a catastrophic collision carries forth an undisturbed pathway from point A to the destination of choice.  And so we have new signs to consider:  It is now unlawful to text or otherwise use a Smartphone in hand, while others who drive with one hand stuffing a cheeseburger in one’s mouth while drinking a coke with the other, and with that invisible third hand pushing buttons on the panel to change satellite stations – somehow, that is safer because the signs tell us so, or at least implicitly inform as to the priority of current concerns.

For Federal employees and U.S. Postal workers who are surrounded by signs – both subtle and direct – that it is time to move on, ignoring them will not make the underlying, substantive problems dissipate.  Having a medical condition is the first sign, but one which may have no significant impact; but when that medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal employee’s positional duties, then such an indicia of life’s intersecting whisper should, at a minimum, be elevated to a “warning”.

And when the signs flashing from the Agency’s perspective – of warnings, threats, harassing actions and administrative sanctions – begin to blare loudly as more than just a passing blur of the speed limit which we all tend to ignore, but instead becomes planted prominently for you and all to see, then it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, so that the signs indicated don’t result in those flashing lights in the review mirror forcing us to stop and be hauled before a magistrate to explain those actions of ignoring such signs which we knew, or should have known, needed to be followed.

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

 

FERS & CSRS Disability Retirement Benefits: Reality T.V.

That we would have the imaginative capacity to invent such a medium and attract countless millions to sit and passively view the saga on a picture screen tells much about our species.  To be persuaded to suspend disbelief and discuss it as if it reflects a reality and can be designated as such, unmasks the myth of representing the pinnacle of the highest order.

Perhaps it is pure escapism which propagates the widespread popularity of such shows; or our desire to believe, which is that essence of being that caricature encapsulated by the quote often misattributed to P.T. Barnum, the greatest “showman” that ever was, who allegedly said that there is “a sucker born every minute.”  That the quote itself is associated to a fellow showman — a precursor to the television shows of modernity purportedly engaging in the make-up world of a reality no one has ever witnessed nor seen but through the dumbing influence of the idiot box, is appropriate and predictable.

What countless hours of wasteful time spent voluntarily barraged by datum destructive of digitally devoid dalliances; and yet we continue to add to their popularity.  No other species has the time, inclination or patience to sit for hours each day, tens of hours each week, in engaging an activity where the prerequisite is to suspend disbelief and become inert objects in a universe alive with activity.

Environmentalists often argue that the food we consume no longer provides the nutritional value once inherent, precisely because the biological dynamism once part of the soil of the earth no longer contains the living contingencies now depleted.

Inertness is everywhere around, and like the dystopian stories which have more recently become popular, the deadening of souls has been but a reflection of our own actions.  We invite most harmful things voluntarily — even reality which is unreal.  The one element we never “invite” into our lives, of course, is a medical condition; yet, when it appears and attacks, it often leaves us unable to face the very real reality of its debilitating and progressively deteriorating effects.

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 need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, requires a suspension of disbelief, as well.  For, there is often that period of not quite believing that “you” will not be able to return to work, continue on in the career, or overcome this “temporary” setback.

Real reality is often rather uninteresting, especially in a world which provides entertainment that excites a deadened soul; but when that real reality becomes a reality such that the inertness of life’s reality must contend against the entertainment of Reality T.V., then it is time to push the “off” button of that technology which invades the hurting soul, and begin the hard road of real reality by preparing, formulating and filing an effective Federal Disability Retirement application through OPM, in order to save some semblance of a future reality hopefully not dystopian in its surreal reality.

Sincerely,

Robert R. McGill, Esquire