Tag Archives: federal job and awol due to medical condition

Federal Disability Retirement Law: Difficult Times

We tend to think that ours represents the apex of such characterizations, but such a view would betray our ignorance of history.  Whether defined within the limits of our own personal circumstances, or by contrast to others within the same country; or, if one takes into account the world — other nations — “difficult” becomes relative, and can never be taken in a vacuum within the historicity of such a linear perspective.

Reading about the Great Depression, one immediately recognizes the fallacy of attributing these difficult times in descriptive adjectives which fail to accurately portray an appropriate contrast to modernity; of going hungry for days; of rampant homelessness; of rudimentary health care, and so much more.

Yet, comparing one’s present circumstances to prior historical models does nothing to diminish the crisis one experiences today — for, indeed, these are difficult times, and very little comfort can be achieved by hearing the words, “Yes, but others have had it worse”.

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 of more of the essential elements of one’s Federal or Postal job, recognizing one’s own “difficult times” is the first step towards initiating the necessary process of preparing, formulating and filing an effective Federal or Postal Disability Retirement claim through the U.S. Office of Personnel Management, under FERS.

Whether the Great Depression or other malevolent times were worse or not, matters little.  What matters is to move forward in life regardless of past historical circumstance, and to contact a FERS Attorney who specializes in Federal Disability Retirement Law so that these difficult times may see the light of a future which offers greater hope than the despair of modernity, or of past times, as well.

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 Worker Disability Retirement: Beyond Politics

Aristotle viewed man as a “political animal”.  What does this mean?  Essentially, that we interact, live within a social context, intersect with conflicting needs and contentious ideas, etc.

In short, we live in a society where a common purpose is engaged and, in the course of merely living, we must by necessity intersect amidst competing interests.  In our current age, being a political animal is viewed in heightened extremes of partisanship.  Some view this as self-destructive; others, as a healthy outlet for society’s needs.

Whatever the political nature of each individual, what party affiliation, what views — whether conservative or liberal — everyone still has to live their lives, beyond elections, crisis, pandemics, etc.

For Federal employees and Postal workers who suffer from a medical condition, the fight to obtain a disability retirement benefit from OPM is the “living” of life.  Whatever your politics, living life always should be the focus of your life.

Contact an OPM Medical Retirement Attorney who specializes in FERS Disability Retirement Law and pursue the living of life beyond politics.

Sincerely,

Robert R. McGill, Esquire

 

FERS Employee Disability Retirement: Sequential Arrangement

If an individual was about to move into a home or an apartment, but the place needed a fresh coat of paint, would you advise that person to move all of his or her furniture into the place first, then paint the place — or first paint the place, then move in?

The question seems rather redundantly unnecessary, and the answer rather redundantly obvious; but, then, if one doesn’t think about the sequential arrangement of tasks to be accomplished, or even that the person in question simply has had no experience in such matters, perhaps the obvious must be pointed out for its logical consequences.  Clearly, it would make things easier to paint an empty premises as opposed to having the place cluttered with furniture and knick-knacks, exposing everything to paint droppings and just to even consider the logistical nightmare of trying to paint around a cluttered apartment or home full of furniture, etc.

Sequential arrangement is important in most matters — which should be done first; what needs to be accomplished as a preface to the step following, etc.

For Federal and Postal employees contemplating Federal Disability Retirement as an option to pursue, the fact that the forms presented — both the Standard Form 3107 series as well as the SF 3112 series — come in a sequence does NOT mean that you should complete them in the sequence arranged by the Federal Government.  Sequence is important because the information you provide depends upon the previous information you have gathered, and the sequence of such information is important and relevant in preventing any developing inconsistencies.  Just because SF 3107 and SF 3112 come in a neat and tidy packet arranged in a sequential manner does not mean that the sequential arrangement should be followed.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law and discuss the sequential arrangement of steps to follow that will benefit your particular case, and not the case that can be made against you by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

 

Federal Employee Disability Retirement: Today (pause), and Tomorrow

The parenthetical insertion creates a “real-time” interlude, and the addendum of the grammatical mandate, the unnecessary comma, extends the strained quietude of wanting to engage the sequential utterance.  There is the reality of “now”, which we occupy, fill and exist within, and the expectation of a tomorrow which never exists as a wholeness contained within a specified time period, but merely in anticipated form within the imagination of our cognitive universe.  To this, we can always add “yesterday”, as well, but that is merely of memories passed, reflected in the neurocognitive cellars of stored images.

It is of today and tomorrow which matters for the survival of a species, with yesterday reserved for learned experiences allowing for avoidance of mistakes in order to enhance one’s probability for remaining today and advancing into tomorrow.

Of yesterday, there is nothing that we can do, other than to learn from it and squeeze out the corners of lessons presented.

Of today, there are the problems known, the concerns we have to deal with and the stresses we are forced to tolerate.

And of tomorrow, we have to place into bifurcated boxes of manageable sizes, lest the overwhelming contents spill over to make us all go mad.

For, without the ability and capacity to filter, store and set aside, the extent of problems encountered, stresses envisioned or the troubles tormenting, would be of such quantitative overload as to leave us paralyzed daily.  Of chores left undone, relationships needing tethering, obligations still remaining and work much wanting; where will it all end except in the tombstones of unfinished business?

We are thus stuck in the rut of negation; some, in memories reflected over time enhancing in magnitude and perfection as duration allows for the fissures, wrinkles and ugliness of that once “today” to disappear, such that the retrospective life becomes the paradigm of lost souls.  Or, of those tomorrows yet to come, where we ruminate over troubles that have not yet occurred but we imagine them to become, and crisis that have yet to rear its horrific head, or so the expectations grounded in fear and loathing would have us believe.  Of the before and after, we spend so much time worrying about, and lose sight of the ambiance of today.

Today is what matters; today is the time to plan for tomorrow; today is the moment of applying principles failed by yesterday’s lack of discernment.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the focus upon “today” is the parachute that will catch the wind stream for tomorrow’s security. And of the past?  Let it remain with memories foretold of positive thoughts and lessons learned for tomorrow, and not of haunting nightmares forgotten but for awakenings in the middle of the night.

Prepare well a Federal Disability Retirement application, and formulate it effectively, and file it today – not tomorrow, and certainly do not ruminate upon yesterday’s failings, as that has already passed without fruition of a future left unseen.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Means to an end

There is a difference, with a real distinction, between utilizing a process as a means to an end, as opposed to using people for the same purpose.  Such a concept should be a “given” – that logical posit which is unquestionably true, without the likelihood of being controverted, and generally accepted as a foundational principle in a caring society and community.  Yet, modernity has contravened such a belief, and truth and falsity have become relative concepts on the pendulum of linguistic elasticity where the spectrum of facts, beliefs and opinions have become an amalgamation of conflated confusions.

Have we lost the capacity to recognize and identify distinctions that are substantively different because of their self-evident meaning and relevance?  Do we no longer teach logic – whether of the fundamental Aristotelian syllogism, or the greater complexity by extension as delineated in Russell’s three-volume magnum opus, Principia Mathematica – such that we can no longer argue for even the basics when confronted by once-accepted paradigms that Kantian categorical imperatives allegedly put to rest forever and a day?

Yet, that final proverbial “day” has now passed, purportedly, and such statements have become mere fodder for dismissive philosophical trash-heaps characterized by “Mereology” and other third-rate, Oprah-like condescension of forgeries masking as genuine belief systems.

Sartre and Camus presented their cases; the former, through a meandering philosophical treatise some would characterize as “Heidegger-Lite” (the comparison can be made superficially on the titles alone – of “Being and Time” as opposed to “Being and Nothingness”) and where his plays allowed for greater coherence than any of his “serious” attempts, while the latter conveyed the angst of human repugnance to becoming “objectified” through novels depicting alienation and the dilemma of human value in the very activity of defiance and rebellion.

Man, we are told, should always be treated as an end in and of himself, and never as a means.  Yet, in this mechanized, electronic-ized, technologized society, where the Smartphone is King and the tactile engagement with one another is merely an afterthought, we have to recognize that such inane beliefs are now mere archaic formulations of former times, previous generations and outdated constructs no longer applicable.  The Angst of Existentialism has come full circle; that which we scoffed at because it originated from Continental Europe is no longer a Sisyphean mythology, but a reality that now consumes.

For Federal employees and U.S. Postal workers who feel the weight and burden of a medical condition, being treated as a means to an end becomes part of the process.

Past accolades of dedication and loyalty fail to leave a trail of concomitant interest and empathy of warmth; you find out quickly that others don’t give a hoot about distinguishing between “means” and “ends”; but in the end, it is precisely the means by which you end up treating a fellow human being, and the very filing of a Federal Disability Retirement application should in and of itself warrant treatment of being an “end”, and not a “means” – but such self-evident principles appear to no longer be the accepted normative value within a society that cries tears for the Oprah show, but not for the real human experiences of the person in your own office, sitting in front of you, a foot away, real, not imagined, not a picture on Facebook, but a person of real flesh and blood.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: False Positives

We demand that a “retest” be done, to ensure that the result did not have the opposite effect.  It is a linguistic conundrum that the affirmative means its negative; for, in medicine, a “positive” result is the worst of news, whereas in most every other context, it is a welcomed declarative.  But because it is a result which is not embraced with delight, we ask that it be further verified in the event that the “positive” is a false one, and we want it instead to not be a true one, and thus ask for a retest in order to see whether the second one will result in a true negative, which is the opposite of a true positive in hopes that the first positive result is a false one.

Are there such similar circumstances in daily life, apart from the medical field, where we received results of false positives?  The latter term in the phrase is misleading, precisely because laudatory declaratives are normally welcoming additions; yet, combined with the former word that essentially negates the latter, it is an oxymoron of sorts and is thus relegated to a defined field in the medical arena.

But false positive do rear their ugly heads now and again; in employment, where awards and exuberant encouragement are provided with nary a compensatory incentive, giving the impression that the company recognizes the employee as a valued asset, all the while withholding that most coveted of advancements – the “raise”.

That is surely a “false positive” that needs to be retested.

Or, of loyalty seemingly accorded by a Federal agency or the U.S. Postal worker, so long as productivity is met and the “mission of the agency” is placed on a priority basis, where long and uncompensated hours, both in physical presence and cognitive input when exhaustion from work, worries and problem solving overwhelm and consecrate; but when it really “counts”, does the concept of loyalty allow for bilateralism, or was it merely a one-way street:  Your loyalty to the Federal Agency or the Postal Service, in return for a false positive?

Is filing a Federal Disability Retirement application considered a “false positive”?  Or even in an inverted sense – it is “positive” because it is a benefit which is available when (often) all other options have failed; it is purportedly “false” because it means giving up one’s career and being presented with a future with less income.

But it can also possess an inverted meaning –  of a false positive because it is an a recognition that the medical condition has come to a point where an admission must be made:  the falsity of hope in relying upon the Federal Agency or U.S. Postal Service to reward one’s undiminished loyalty these many years and decades, would result in an accommodation of the medical condition, combined with a sense of positive outlook for the future because of this past reliance.

No – unfortunately, such a false positive would surely have to be retested, and the result would be that, yes, the false positive of having the ability to prepare, formulate and file for Federal Disability Retirement benefits is indeed a true positive that is there to be accessed.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: False Promises

Is it an oxymoron?  If it is made, how can it be negated by untruth; for, if it is a nothingness at the outset which compels null and void the substantive content of the thing itself, how can it purport to be what it is while at the same time creating an abyss of meaninglessness?  A promise cannot be false if it is to have the very meaning of a promise; and yet, we know that there exists such falsity of posited assurances, if not proposed by dishonest individuals and con-men, then at least by unintentional or otherwise mistaken pillars of vain malfeasance.

False promises are not promises at all; they are likened to nonsensical statements, which are similarly non-statements precisely because of the meaningless nature of the declarations.  Just as Bertrand Russell’s playful cunning in the statement, “The present King of France is bald” – that is both nonsensical and allegedly violates the laws of logic (specifically the Law of the Excluded Middle) – so, false promises cannot exist as either falsehoods or as promises precisely because they negate each other in their very existence side by side.

But in the world of pragmatic affairs, we know that they are made each and every day.  We are promised daily, and falsely, by individuals, entities, agencies and organizations, whether with or without a handshake, sometimes in writing, other moments by verbal implication, and even every now and again sprinkled with a smile, a nod, a wink and a prayer.  Promises made have an expectation of being kept; and broken promises, like false ones, cut deep into the wounds of betrayal, and haunt us with a profound sense of anger and reeking with the vengeful fury of a violation well beyond mere resentment.  There are few things in life that compensate for false promises.

For Federal employees and U.S. Postal workers, Federal Disability Retirement is just one of the few compensatory alternatives to the expectation of a false promise made, implied or otherwise denoted.  Perhaps it was the long hours of dedicated and uncompensated time devoted; or the expectation that loyalty would be a bilateral avenue, as opposed to a unilateral desecration of implied trust.

In any event, one would have thought that “accommodations” would be made upon the interruption of a medical condition, when the medical conditions resulted in one’s inability to perform the essential elements of one’s Federal position or Postal job.  But, alas, such accommodations cannot be made; the dedication of those many years, and sometimes decades, cannot be recalled but for yesterday’s contribution; and the promises seemingly made cannot be false when, all of a sudden, a question is fired back:  Is it in writing anywhere?  What or who ever gave you that idea?

For the Federal employee or U.S. Postal worker, filing for Federal Disability Retirement benefits is often not just the best alternative, but the most prudent option remaining and still available – in rebuttal to false promises made, and truth declarations long forgotten and left behind in the corridors of remembrances no longer written in stone, but disappeared into the office shredder worth the value of the paper it was never written upon.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Age

It is only that proverbial “state of mind” for those it does not impact; then, when reality sets in, the decrepit bones and uncooperative muscles, inability to will the stamina to rise to the occasion, and the creaking temerity of organs unable to muster the vitality of even a decade ago, we submit to the currency of our own destiny.

We can scoff at it; deny it; attempt to defy its residual consequences; and even remain indifferent to its effects; but in the end, mortality demands a say in the matter, and age is like the ravages of time and the echoes of a haunting flaw:  inescapable and unwavering, it creeps up and declares its prominence at the head of the table.  Some feel the effects well before the standard time; others attempt to revolt and rebel until the impervious universe indifferent to human incantations of defiant ineffectiveness simply ignores the pleas of hopeless tumult.

Age comes upon us like that undeniable thief in the night, burglarizing the last remaining hope and hint of a better tomorrow.  Of course, the connotation can be twofold or more:  Of the linear quantification from birth to the present, counting in solar years and seasons of rotational inevitability; or, it can denote a state of moving beyond the halfway point and into the pendulum swing of destiny evidencing man’s mortality.  There are, of course, other meanings – of a certain epoch or period; uses like, “coming of age” or applying it to various methodological interests in placement within a period of history.

For Federal employees and U.S. Postal workers who are contemplating preparing a Federal 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, the relevance of the term is multitudinous:  Age in terms of eligibility towards regular retirement; how old, but more importantly, can one continue until retirement age, or will the ravages of time, medical conditions and deteriorating workplace environment lead one to such a decrepit state that to continue on would merely evoke a devastation of any future hope of enjoying retirement at all?

For, when the stated age of one’s linear presence in this universe is far less advanced than how one feels “health-wise”, and the hollow look of hopelessness prevails where the future is merely a black hole of bleakness, another turn of pain and suffering, and no amount of “positive-thinking” will brighten an otherwise dismal perspective, then what would be the point of continuing to struggle just to meet the linear statement of age, but have no joy left to reap its benefits promised?

Preparing an effective Federal Disability Retirement application, to be submitted to OPM, is an option to consider, when age cannot be prolonged to meet the eligibility requirements for regular retirement, and the body, mind and soul are screaming out that one’s career has come to a point where age is no longer a factor in considering whether or not the essential elements of one’s positional duties can be met – instead, the proverbial dawn of an age forthcoming requires that something must give, but age is simply an echoless march of time that hears not such cries of rebellion or protest.

Sincerely,

Robert R. McGill, Esquire