Tag Archives: federal first long term disability

OPM Disability Retirement: The Frustrating Process

Every administrative and bureaucratic process is a frustrating one, and waiting for an OPM Disability Retirement application to be approved is likely the epitome of frustration.

Thus, it is essential to understand at the outset that filing a Federal Disability Retirement application with the U.S. Office of Personnel Management is a long and arduous process that will likely take many years to accomplish, and nothing short of a miracle will expedite the time required.

One’s own efforts in attempting to take shortcuts will have minimal impact upon the ultimate outcome.  Still, an Federal Attorney who specializes in Federal Disability Retirement Law can undoubtedly enhance the chances of an earlier approval.  Even then, however, Federal and Postal workers need to understand that a great deal of the process merely involves waiting.

Filing quickly does not result in OPM rendering a quicker decision.  Often the contrary is true: By preparing an application quickly, it is likely not as strong a case as it could have been and when OPM finally gets around to reviewing it, a likely denial will be issued, further prolonging the waiting period because of needing to go to the next, “Reconsideration” Stage of the process.

And while every bureaucratic process inherently possesses its unique set of frustrations, OPM Disability Retirement has the added feature of contending with a serious medical issue, which tends to magnify the frustrations involved.

Can anything be done about it?  The short answer is, Not Really.  Calls to OPM will often only exasperate the level of frustration, and while “doing something…anything” may temporarily appease the frustration in the short term by making it appear that some progress is being made, almost all such efforts come to naught, and all that remains is to await OPM’s response.

Once received, of course, the entire process can be a further stage of frustration.  For, if an approval is received, there are further battles in getting the annuity payments started, and that doesn’t even touch upon whether the annuity is correctly calculated.  On the other hand, if a denial is issued, the bureaucratic frustration is further extended, especially because of the short timeframe provided in preparing and submitting a response.

Any Federal or Postal employee contemplating preparing, formulating, and filing a Federal Disability Retirement application under the FERS system to be submitted to the U.S. Office of Personnel Management, must be prepared for a long and frustrating administrative process.

And if you want further insight into this lengthy and frustrating process, you may want to first consult with a Federal Attorney who specializes in Federal Disability Retirement Law.

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.

 

FERS Medical Retirement from OPM: Internal Turmoil

A man walks out early in the morning to retrieve the newspaper thrown onto his driveway; from across the street, you see him; he looks vibrant, confident, self-assured; you think to yourself, “Why can’t I be like him?”  A woman, well-dressed, punctual, competent, with always a smile; a sure “go-getter” who will climb up the corporate ladder with ease; you think to yourself, “Some people are just successful and happy.  Why can’t I be like her?”

The calm before the earthquake; the tectonic plates which are invisible and the above-surface topography which has been undisturbed for centuries; then, one day, the calamity occurs, and buildings collapse and countless lives are buried and lost.  What happened?

It is always the unseen, internal (or beneath-ground) turmoil which is the “true” essence of a life, a geographical location, or an entire population which masks its veiled soul.

Plato and the entire history of Western Philosophy were based upon unmasking the essence of Truth by digging beyond the appearance of Falsity.  Human Beings, particularly, have a great knack for hiding the internal turmoil which is the truth of what we are.  The smile which masks the saddened eyes; the outward appearance of confidence which is a facade for the depression and sadness within; the quiet steadiness of nature before the convulsion of the volcanic eruption; all, the internal turmoil, hidden by the falsity on surface’s artificiality.

For Federal employees and U.S. Postal workers who suffer form a medical condition such that the medical condition can no longer be masked, it is always the internal turmoil which cannot be contained, restrained or curtailed forever.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS laws, through the U.S. Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and begin the process of quieting that Internal Turmoil before it erupts like the quiet volcano waiting to reveal itself from behind the facade of contained quietude.

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.

 

FERS Disability Retirement from OPM: Cruelty

Is it a tautology to speak about human beings and cruelty?

In the Kantian sense of analytic propositions as opposed to synthetic statements — the former, where the predicate is already conceptually identified in the subject, whereas in the latter, the concept as proposed in the predicate is not already contained in the subject (e.g,, the statement, “Some dogs are short-haired” is an example of a synthetic statement because the concept of “short-haired-ness” is not necessarily contained in the concept of a “dog”; on the other hand, the statement, “All husbands are married” is an example of an analytic statement, because the idea of “being married” is already identified within the concept of “husband”, no matter even in the modern conceptual alterations of gender-identity).

Back to the question of the redundancy/tautology — of “human cruelty”; for, one may argue, cruelty as a concept is already founded in the definition of a human being.  Do other species exhibit cruelty?  Or, if we think they do, is it just an anthropomorphic projection?  For, predators don’t play with their prey; they kill not to torture but to consume.

The annals of human history are replete with human cruelty.  We like to mythologize about the dignity of human beings, the sophistication of civilizations great and small, but the plain fact is that cruelty is a human characteristic undeniably rampant, no matter the beautiful bouquets we attempt to cover the bloody footprints with.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition where the medical condition no longer allows you to continue in your career, cruelty by your agency should be expected.  Why would you think that human beings would respond and act otherwise?  Is it because there is also “human compassion” and “human empathy”?  Are those synthetic propositions, or analytic ones?

Whichever, you will likely need a FERS Disability Retirement Lawyer to make sure that your disability retirement application before the U.S. Office of Personnel Management is a synthetic proposition, because the statement, “Your Disability Retirement application is approved” is one where the predicate is not necessarily contained in the subject, whereas the analytic statement — the one which is more common — is the statement, “Your Disability Retirement is denied”, where the concept of a “denial” is very often contained in the subject of your disability retirement application.

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 Medical Retirement: The Cousin: The Stifled Yawn

The more you try, the harder it is to keep it concealed.  You may not even be tired.  You may have had a good night’s sleep; but “the yawn” is interpreted in one of two ways: Either you are tired, or you are bored.

And in the situation you are in, either interpretation would not be acceptable.

And so you attempt to stifle it; sit up straighter; widen your eyes; take a deep breath; act as if you are stretching your neck, first to the left, then to the right.  But the more you try and stifle the yawn, the greater the hardship and it is as if there is an involuntary force emanating from within.

Life itself is like that.  You struggle, you try, you do everything to “stifle” the problem; but instead of going away, “it” keeps looming larger.  Medical issues tend to work that way; for, whether you actively go and get treatment for the health condition, the chronic and progressive nature of the medical condition seems to loom larger.

For Federal Gov. 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 basic elements of one’s Federal or Postal Service job, the vicious cycle of the “catch-22” keeps coming back: the more you attempt to work, the greater the stress upon your medical condition and the exacerbating side effects.

When you have come to a critical juncture in your chronic medical condition where it becomes like the stifled yawn which will not be suppressed or repressed, contact an disability lawyer who specializes in OPM Disability Retirement Law, and let not the stifled yawn turn into a sudden crisis where life’s dominance of difficulties begins to loom to large.

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 Claims: The Full Plate

From childhood, we are taught to (A) place on our plate only that which we can finish and (B) to finish that which we have placed upon our plate.  In modernity, perhaps such a “rule” is no longer applicable or enforced?

The old ways are often from habits ensconced from experience — of the Great Depression where scarcity, and even the fear of it, perpetuated a need to be frugal; of limited supply resulting in a greater appreciation of delights, and thus of a punctilious attention to avoid wastefulness; and of a wider deference for fairness, that others should share in the bounty presented.

In older days, to delight in a bottle of coke (yes, those little vintage bottles placed in ice, where cane sugar was used and not corn syrup) once in a year was a treat, whereas nowadays many people addictively drink an extra-large coke every day, leading to the rise of diabetes and making this country the greatest exporter of obesity around the globe.

But back to the metaphor of the “full plate”:  From childhood, we are taught never to walk away without finishing what is put on our plate.  As we grow older, the metaphor of the full plate turns a different meaning — of the day’s work, the chores before us, the various responsibilities throughout the day.  It has become ingrained in us that we “must” finish what is put on our plates.

This is similar to the idea that police officers retain, in error, that every encounter with conflict must be resolved then and there — often resulting in making decisions which, in retrospect, might have turned out otherwise had you just walked away from it and came back to the problem later.  That is where modernity fails in its approach to life: Not every full plate has to be clean at the end of the day, both metaphorically and practically.

For Federal employees and U.S. Postal workers who are struggling to get through the day because of a chronic medical condition which no longer allows the Federal or Postal employee to continue in their careers because of a disabling health condition, that long-held sense of duty and responsibility that the “full plate” — a metaphor representing the sense that one’s job must be endured no matter what — must be finished, may need to be abandoned.

One’s health should always be a priority, in the end, and preparing an effective FERS Disability Retirement application through the U.S. Office of Personnel Management may be the only and best option left.  Yes, it is okay sometimes to not finish the full plate.  Yes, it is okay to sometimes leave things unfinished.  Metaphorically or practically, it is sometimes the best thing to do — to leave the plate unconsumed.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether the full plate needs to be completely eaten, after all.

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 Novelty Vanished

As it should be, for a child, everything is viewed in terms of, “Wow!”  The novelty of life, of the experiences brought about by a world freshly encountered — like winter’s first snow or the dawn of spring’s warmth, it is the combined meeting of a world newly seen by the eyes of youth yet untarnished and without the destructive force of cynicism which accounts for curiosity, eagerness, innocence, unvanquished optimism and hopeful initiation of plans for a bright future.

That novelty vanished — and vanquished, extinguished and beaten down — comes from repeated encounters with a world which shows no care or concern.  It is when life’s complications keep knocking us down; that is when the novelty vanished.

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 novelty vanished comes about from a combination of events: The critical juncture where the medical conditions become chronic and restrictive; the Agency’s or the Postal Service’s unsupportive attitude; the steady exhaustion of one’s sick leave; the potential of being put on a Performance Improvement Plan; the likelihood of being terminated; the administrative sanction of being placed on AWOL status; the refusal to allow for LWOP; and it is the combination of any or all of these factors which results in the Federal employee shaking his or her head and saying, “Wow” — but not with a sense of wonderment, but because the novelty has vanished.

It is time to file, then, for Federal Disability Retirement benefits under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and try and win back that time when the first snow of winter stunned you, the first breeze of spring refreshed, and the world could again be described with a singular encapsulation of a word exclaimed: Wow!

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.

 

FERS Long Term Disability Benefits: The Edge of Doubt

It is that place where one teeters; of that gnawing sense and feeling.  It often occurs with one’s faith — of an abiding doubt, healthy in order to keep the questions active and relevant.  For, as one grows older, one often becomes entrenched in beliefs of yesteryear merely because we held them the day before.

It is in youth where the incessant questions arise; middle age, when the weariness of unanswered queries exhausts us to a point where we simply give up; and in old age, when we arrogantly believe that wisdom somehow occurs through osmosis.  The edge of doubt is the point where we must force ourselves to look out over the precipice and consider the options.

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 edge of doubt is when you recognize the impact upon your ability and capacity to continue in your career.

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law and consider whether or not the edge of doubt may require you to prepare, formulate and file an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Stressful Times

These are, indeed, stressful times.  Stress plays a large factor for many; it is often the underlying trigger which hides behind the concealing curtain while other symptoms and manifested diagnoses charge towards the front of the proverbial line.  Depression, Bipolar Disorder, Generalized Anxiety Disorder, uncontrollable panic attacks — these and many other diagnosed conditions, including physical maladies, are suspected as having a connection to society’s number one enemy: Stress.

Thus is there a cottage industry to reduce, allay and minimize the stresses in our lives: Of philosophical self-help books; of scented candles, various therapeutic modalities, meditation techniques and medication regimens, etc.  Somehow, modernity has found a way not only to increase the stress in our lives, but to also make a living off of it.

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, these stressful times — with the shutdown of the economy and the changes in our daily lives with the onslaught of this Pandemic — may further worsen your medical condition.

If you are a Federal or Postal worker and want to consider preparing an effective Federal Disability Retirement application under FERS, consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of reducing that other stress in your life — that of your job; especially, in these stressful times.

Sincerely,

Robert R. McGill, Esquire 
FERS Lawyer exclusively representing Federal employees

    

FERS Disability Retirement Benefits: Complacency

It is the state of safety, when the natural guards for self-preservation are let down because the security of prior successes allow for the sense of disregard to develop.  Complacency is the self-satisfaction that not a greater effort needs to be expended, that the pinnacle of energy required has been surpassed and the competitive structure of struggling no longer exists.

Then, a problem arises; a new challenge has arisen; some crippling interruption has occurred and suddenly the competitive arena has been enlivened.  Complacency is replaced with a renewed vigor to meet the challenge, and the cycle begins all over again.  Companies and corporate giants experience regularly such a cycle; individuals, as well.

For Federal employees and U.S. Postal workers who were able to “get by” with an acceptable level of complacency, but then became disabled because of a medical condition, an illness or an accident, the challenge is to get back to where you once were — where once complacency could see you through.

If that is not possible, however, and the challenge of the medical condition no longer allows you to get by, consult with a FERS Attorney who specializes in FERS Disability Retirement benefits and consider preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application, lest complacency no longer allows you to continue in your career of choice.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Argument

You hear about such lives every now and again; of an old man declaring, “Never a raised voice in 50 years of marriage”, or: “We never argued. Bless her (or his) soul”.  Leaving aside the viability of the astounding prefatory remark (i.e., that two people in this day and age could remain together for half a century), one wonders whether selective amnesia plays a significant role in such a statement.

Can it even be possible that two people who have been together for such a lengthy period of time could possible exist without any discernible conflict?  No friction; no irritation; no level of heightened stress such that a raised voice must be expressed.  Or, are they “playing” with the meaning of the word “argue”?

Perhaps there was a disagreement, by any measure of the word; or a dispute; or a failure to agree; but throughout, there may well never have been any untoward unpleasantness.

Does an argument have to be unpleasant in order for it to be an argument?  Or, can two or more people smile, be civil, remain cordial throughout, and simply state their points?  Are all disagreements arguments as well, or are some disagreements merely antithetical statements which never rise to the level of an argument?  Does it matter whether or not a “personal stake” is involved in the matter?  Is that why we often preface a statement with the preemptive strike and motive of avoiding an argument in saying, “No, please don’t take this personally, but … “?

For Federal employees and U.S. Postal Workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, if the goal is to live a life where there has never been an argument, then there is likely no point in filing at all.  OPM is there to argue and oppose; consult with an attorney who specializes in Federal Disability Retirement Law, and who has no qualms about arguing your case on your behalf.

Now, as to arguing with one’s spouse — that is a different matter, and this attorney who specializes in Federal Disability Retirement Law has no advice to give concerning such matters, or at the very least, refrains from arguing about the issue.

Sincerely,

Robert R. McGill, Esquire