OPM Disability Retirement Law: Of Difficult Times

Is life a continuum of difficulties, with a punctuated exclamation point when a respite interrupts and pauses?  Or, is it the opposite — of relative calm with isolated islands of difficulties?

Much of history would confirm the former; in modernity, it is the latter perspective which tends to prevail.  And of old men with their stories of hardship — you know, how Grandpa had to walk 10 miles to school and back, against winds of sub-zero temperatures, with no shoes and barely a tattered T-shirt; and how he ate bread and beans once a day, ad infinitum, ad nauseam, etc.

It is true, however, that much of history was focused upon merely surviving on a day-to-day basis — of gathering and preparing for each meal; whereas modernity allows for a greater variety and extent of leisure and entertainment.  But does history reveal that the difficult times of today are less difficult than the days of yore?  Or is it all “relative”, and can we actually quantify what is “difficult” for one person as opposed to another?

For Federal employees and U.S. Postal Service workers who suffer from a medical condition such that it becomes necessary to prepare, formulate and file an effective Federal Disability Retirement application under the FERS system with the U.S. Office of Personnel Management, there is no question that these times are “Difficult Times”.

To ease the difficulty of the entire Federal Disability Retirement process, contact an experienced FERS Medical Attorney who specializes in Federal Disability Retirement law, and ease the difficulty of the bureaucratic process instead of compounding the morass of difficulties in these difficult times.

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 Retirement: Myth of the Unbiased

The “uninterested” or “unbiased” party — does such an entity even exist?  In parochial terms, it is to say that “X has no skin in the game” — meaning thereby that an individual has no preference, no “money placed as a bet” on either team; has never expressed any weighted opinion as to one or the other — in other words, he or she is an “unbiased” participant.

But there are other factors beyond whether or not a person expresses a preference, are there not?  Of an irrational dislike of one over the other; of a self-interested desire to “win” by picking one over the other; or perhaps of simply being bored and wanting to be a contrarian by choosing one over the other.

Thus, in a Federal Disability Retirement application before a “medical specialist” at the U.S. Office of Personnel Management, to identify an OPM reviewer as someone who is unbiased or uninterested, is to miss the point.  Yes, allegedly, OPM is supposed to be unbiased and uninterested, and merely apply the law and review a Federal Disability Retirement case in an objective manner.

The reality is quite different, however, because of the complexity of the human psyche involving motives, unstated intentions and deep-seated psychological needs.  What can be done about it?  Nothing, really — other than to point out the errors, the lack of logic, and apply the law — and counter any denial or preempt a denial by submitting a legal memorandum which is truly unbiased.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and maintain a semblance of objectivity in order to enhance your chances of winning your Federal Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Long-Term Disability Benefits for Federal & Postal Employees: Carelessness

In some professions, it matters not; in others, perhaps of a de minimus impact; but to many, of a great and irreversible impact.

For an eye surgeon, the slightest tremor may mean the difference between sight and blindness, where carelessness is a measure of delicate differentiation.  For the store clerk who stocks the shelves — whether slightly crooked; not quite neatly presented; perhaps placed in the wrong aisle or section — carelessness may have some minor impact upon the profits gained, but likely not quantifiable in comparison to the dexterity needed for the eye surgeon.

Carelessness is just that — of a lack of care, a negation of competence which ultimately is traced back to the intentions of the individual.  Does the person care?  Is the worker diligent?  Does the employee have a sense of self-awareness to be able to improve?

Sometimes, “intentions” are mistaken by the results of the work itself — as in, when a medical condition is impacting one’s ability and capacity to perform at the same standard of care.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is beginning to manifest itself through carelessness at work, contact a Federal Disability Lawyer who specializes in securing OPM Disability Retirement benefits for Federal employees, and begin the process of carefully putting together an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Retirement from the OPM: Who Pays the Price?

In a certain household (left unnamed) somewhere in the Eastern part of the United States, a father gave this piece of advice to his children: You can do anything in life, so long as you are willing to pay the price.  He would go on to expand upon that concept by illustrating the various situations in which such advice might apply: You can commit crimes, but you must be willing to pay the price of incarceration; you can disregard your studies, so long as you realize that your future will be undermined because of your decision not to study; you can ignore your obligations, so long as you are willing to sidestep the pangs of conscience which will haunt you.

Age has many downsides; a deteriorating body, loss of stamina; slow and progressive decline in all areas of body and mind; and yet the upside, hopefully, is that some wisdom is gained along the way.  The price we are willing to pay reveals a person’s inner soul; how far you are willing to go; what cost you are able to endure; of what you are prepared to sacrifice; these, and many more factors determine the character of a person’s life.

For Federal and U.S. 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 Federal or Postal job, the price you are willing to pay by continuing on is the singular and unique value of your health.  Consider whether you are eligible for Federal Disability Retirement by consulting with an attorney who specializes in Federal Disability Retirement Law, and consider who ultimately pays the price, and what price is worth the cost?

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Variety Show of Life

It is never very predictable, and certainly not a monologue with a single voice conveying a logical sequence of events.  Life itself is more akin to a Variety Show — of singers in one moment, dancers in another; of solitary soliloquies by sometimes uninhabited corners, or a storyteller, then a story to be told; and discussions and accidents, or arguments and agonies.

The popularity of a Variety Show in its extravaganza of star-studded collections and unexpected appearances is an appropriate metaphor for the lives we live.  Whether by internal sufferings or external calamities, most people live lives that reflect the tumultuous bubbles of an unfolding drama.

Perhaps you believe your life to be mundane and monotonous; wait a while, and a calamity will uninvitedly appear at your doorstep, like the unwanted third cousin who pleads to stay with you based upon some suspicious blood-ties to a distant relative.  Or, maybe you believe that things are going wonderfully — until you find out that your spouse has been unfaithful, or your grown-up son or daughter has just done something that requires an emergency response.

Turmoil is often the norm and not the exception, and that is what makes of life a Variety Show.

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 Variety Show of Life is often dominated by the medical condition itself — whether psychiatric in nature or physical pain manifested by daily discomfort and lack of restorative sleep, matters not.

Filing for Federal Disability Retirement benefits is an option that should be considered when the Variety Show of Life becomes a one-person act or event — like a medical condition that pervades ever corner of the stage.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law, and change the acts which comprise the Variety Show of Life before the curtains fall upon a stage that turns quiet with misery and lack of mirth, and the empty chairs echo of solitary clapping leading to deadening silence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: The fatigue of hiding

That’s the rub, isn’t it — that we spend so much energy trying to conceal it, that by the time the truth comes out, we don’t even care, anymore, and are often glad for the revelation and the blessing of not having to mask it any longer?  Whatever the “it” is that we attempt to conceal, hide, ignore of otherwise fail to reveal, the fatigue of hiding it, the constant commerce engaged in bartering for more time, avoiding a direct encounter or otherwise trying desperately to veil the truth, leaves us exhausted and spent.

Is it, on the other hand, like a John Le Carre novel, where the secret that everyone is attempting to protect is already known by all powers, but the constant struggle to maintain its confidentiality is more for appearance’s sake, and not because of the vital information underlying the apparent need to conceal?

The fatigue of hiding is indeed the exhausting effort being expended for what is otherwise known, or more importantly, wasted upon the known when the value of concealing is far surpassed by the toil engaged.  Medical conditions tend to do that — whether in trying to conceal it from ourselves by downplaying and minimizing the pain and loss of flexion, motion, movement or other numbness of feeling involved, or by attempting to hide it from others, such as employers, family or even friends who show some modicum of concern.

For Federal employees and U.S. Postal workers who are trying desperately to cling on to their jobs in the Federal Sector or the U.S. Postal service, the fatigue of hiding can be overwhelming.  The factual state of affairs often defeats the continuing attempt to minimize and hide: the extent of LWOP having been used; FMLA already exhausted, and it isn’t even a new quarter; the piles of work being left unattended; and those furtive glances that are no longer established through suspicions of whispers and gossip, but clear rumblings of a Federal Agency that is moving to reprimand, warn, place on a PIP or propose removal based upon non-attendance or excessive use of Sick Leave; these are all clear indicators that the fatigue of hiding can no longer be further delayed.

Preparing an effective Federal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee believes that the future still holds some hope for remaining at the Federal or Postal job, is an important first step in acknowledging that the fatigue of hiding has come to a critical juncture that necessitates a step beyond hiding it — it is the time of reckoning where the effort wasted upon concealment needs now to be turned into a positive step towards securing one’s future by preparing, formulating and filing an effective Federal Disability Retirement application, so that the fatigue of hiding can be turned back into that productive person of greater vitality you once were, and of whom everyone else once knew.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Pursuing the Daily Divide

The bifurcation of our lives is a habit of accepted normative behavior; for most, it is the simple divide between one’s personal life and professional endeavors; then, there are sub-categories of complicated spectrums, where criminal activity is pigeonholed from a daytime semblance of respectability, or deviant behavior is concealed from one’s reputation and facade of societal refinement.  Those separations make for ease of transition, or used to.

More and more, in modernity, the dividing lines have become obscured; work is performed from home, and personal, more private affairs are discussed and disseminated in the workplace.  The great equalizer of the daily divide is a medical condition.  For, when one leaves one’s home, you cannot leave behind the condition and pursue your professional life untouched; instead, because a medical condition is pervasive, remains with one until cured or kept in control or concealment, the stigma of the condition remains throughout.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service, it becomes apparent quite quickly as to whether one can maintain the daily divide, to what extent, and whether effectively or not.

Federal agencies and the U.S. Postal Service have little room for patience, and less space for empathy or an accommodating outlook (used in a general sense, as opposed to the term of art which “accommodation” implies in the legal field of OPM Disability Retirement).  It becomes apparent quite quickly that the daily divide — of separating one’s personal life from the pursuit of professional endeavors — cannot be maintained, and it is time to divide the daily divide by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Life is rarely a neatly-packaged ordeal, and the many years that we were able to fool ourselves into thinking that the daily divide would allow for an undisturbed bifurcation between the two universes, reveals the fragile nature of our own creations of artifices that remain shaky in their very foundations.

Filing for Federal Disability Retirement benefits is often the approach of a pragmatist; the divide between one’s professional endeavors and one’s personal life was never anything but a cognitive dualism concocted by clever cheats; life was, and remains, the bundle of complexities entangled in the web of unpredictable mysteries, as is the human being.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Law: The Editorial Process

Every writer dreads the process; on the other side of the proverbial fence, it is the joyful perverseness of the editor, with markers in hand and metaphorical scissors and knives to slash and cut, the necessity of reducing and whittling away the creative volume of words forming descriptive paragraphs and the infancy of a birth of genius, or so one always thinks about one’s own work.

Everyone has a story to tell.  How cogent; whether systematic in logical sequence; the relevance of certain statements, sentences, and sometimes paragraphs and chapters, may undermine the greater purpose for which something is written.

The story to tell must always be refined and bifurcated into categories of recognized goals:  Who is the audience?  What is the purpose of the piece?  Is there a thematic foundation?  Who will be interested?  What is the appropriate forum for publication?  These questions, and many others, are rarely asked (or answered) beyond the egoism of the compelling need to tell.

For Federal employees and U.S. Postal workers who have a story to tell, the telling of the story is often the basis upon which one files for Federal Employees Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Sometimes, the story must be told in another forum — to the Office of Worker’s Compensation, or perhaps to an EEOC venue.  Will the stories change with each telling to a different forum?  Perhaps not the core of the story, but certainly some of the relevant details.

As with preparing and formulating one’s Statement of Disability for a Federal Disability Retirement application, the facts to be told, the focus to be emphasized; these all depend upon the audience of one’s target.  It is not a matter of changing or omitting; it is the necessary editorial process which makes for good print.

For the Federal and Postal employee who tries to go it alone, rarely can one be the writer and editor at the same time; and it is likely the editorial process which results in the successful outcome of any writing endeavor; and while the acclaim and accolades of success spotlight the named individual, the printed byline and the recognized author, it is the behind-the-scenes process which really wins the day.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Calculus of Change

The title itself is somewhat of a tautology, for the branch of mathematics is defined as a study of change, divided into differential calculus and integral calculus; both, concerning the function and limits of mathematical constancy and potential quantum leaps for purposes of analyzing quantitative future applications.

We all assume some amount of change; if there is a differential to be considered, the rate of such change can be significant over an extended period of time, whereas the initial analysis can be a minimal irrelevancy.  It is the exponential rate of change applied over a lengthy period, which can produce change significant enough to enter into the calculus of future indicators.

Change is a recognized inevitability, though human expectation is often one of dependency upon the constancy of habituation and permanence.  We expect, when we open a door into a familiar room, for the interior decoration to have remained the same as the last time we entered; but who is to say that a spouse or family member did not, in the meantime, rearrange the furniture or put up new curtains?

Change has an inherent character of disquietude; it is the constancy of repetitive permanence which allows for solitary reflection and comfort.

Thus, for Federal employees and U.S. Postal workers who are contemplating 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, the disruption posed by the change in one’s circumstances — of fiscal, professional, social, cognitive and physical (i.e., the mere act of going to work each day, etc.) — can be tremendous and traumatic.

In preparing and formulating one’s Federal Disability Retirement application, it is always a positive engagement of efforts to consider the calculus of change, and to not leave the alterations in one’s life in dismissive form as mere statistical irrelevance.

For, in the end, the biggest change of all has already occurred, in the form of an impacting medical condition which has prevented the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties in the Federal or Postal sector; the rest is mere window dressing to the very essence of a changed life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Of Vultures Riding the Currents of Time

Watch the vultures float the currents of time, gliding high above, awaiting a trail of destruction behind.  Universally, across the globe, they have similar outward appearances; with wide wingspans for the ability to soar and patiently await high above, watchful for death and decay to progressively come to fruition.  Is it the scent of decay, or the fading gaze of death which attracts?  Or, perhaps, weakness and state of debilitation has a natural aura which draws?

The weak among us becomes a magnet for prey; the scavengers of time become the savagery of timelessness.  Despite our declaration for civility and sophistication, the brute essence of man comes to the fore when elements of weakness manifest. Sympathy and empathy constitute window dressings for civilization’s social contract; a concession to effeminate yearnings voice that of the spectacled class.

Look at the brutality of Federal agencies when once a Federal employee or a U.S. Postal worker announces an intent to file for Federal Disability Retirement benefits.  Suddenly, the skies are filled with gliding wingspans of watchfulness.  No one seemed to care before; now, the sunlight is blocked by widespread fans of feathery flurries.

Federal Disability Retirement is a rightful benefit which can be asserted by any and all Federal and Postal employees who have the minimum of Federal Service (18 months for those under FERS; 5 years for those under CSRS).  But as with every contingency in life, there are residual consequences in filing for a benefit, and such resulting ends will often involve the hostility of the Federal agency, the sudden shying away by one’s coworkers, and a subtle (or not so hidden) loss of camaraderie among peers and supervisors.

But what are the choices? For the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, filing for Federal Disability Retirement benefits is the path to escaping the slow and progressive deterioration of one’s health condition.

That the vultures may circle during the wait, may be an inevitable consequence; what one wants to prevent, however, is for such creatures to land and begin the pecking process of maggot-laden flesh.

Sincerely,

Robert R. McGill, Esquire