Tag Archives: federal law enforcement medical retirement

Federal Disability Retirement Law: The Exponent

In math, it is the symbol indicating the operation of raising from the base.  In modernity, it is the quickened pace of the life we live, beyond the scope of our own humble efforts to control.  In reality, most of life passes by within a whirlwind of work and sleep, with small interludes of memorable pieces of times spent otherwise.

Sanity is challenged exponentially; stress has increased exponentially; the lights, the sounds, the constant noise from the streets — all, a greater volume of exponential capacity beyond what the human ear can sustain, resist or otherwise bear.

Have our bodies and minds kept up — exponentially — with the increase of the world around us?  Or, do we remain within the evolutionary accident of the slow but steady adaptive genes trying to allow for the natural law of “survival of the fittest” to catch up, all the while merely remaining where we were tens of thousands of years ago — of the exponent of “1”?

Federal Disability Retirement is a law which recognizes the incompatibility between the medical condition — an exponent of many — as against the type of duties required of a position.  Incompatibility occurs when the medical condition(s) suffered are no longer compatible with continuing in a position where the various elements of the position can no longer be satisfied.  It is based upon the identical principle as the exponent — the contrast between what is required in modernity as opposed to the capacity of the human mind and body.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal worker to continue in his or her career or job because of the incompatibility between the medical condition and the position/job, consider that the exponential incompatibility between the chronic medical condition and the positional requirements may be the basis for preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and consider increasing the chances of an approval of your Federal Disability Retirement application by hiring a Federal lawyer who specializes in the practices area of OPM Disability Retirement Law, thereby increasing that symbol indicating the operation from the base — the exponent — resulting in a successful approval.

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 Application: Beyond Excess

This country has always espoused the virtue of excess — in terms of wealth; of debt; of individuality; of exercise; of work; of different forms of diet; of opinions; of laws.  The laws of logic and of life generally dictate that if there are no constraints to excess, then it will exponentially continue to go beyond — beyond excess.

Is there a definition for such a phenomena?  Or, as the concept of excess is precisely that which is the “extra” beyond the normative constraints, already, is there any point in being redundant by placing the pretextual addendum of “beyond”?   Of course, “excess” can only have any meaning within the context of some restrictive norm; otherwise, without a comparative contrast to X, how would we determined if Y “exceeds” X in any way?

Thus do we compare the present-day national debt against the GDP, what amount of debt the nation held previously (as in the total cost expended in the effort to defeat Nazism in WWII), the subsequent impact of the ratio, etc.  Or, in terms of wealth, what it means to amass “billions”, own 20 different properties, purchase a yacht as large as a cargo ship, have 50 luxury cars in a garage the size of a football field, etc. — and then compare it to a person who works two jobs but is unable to afford enough food to get by.

Is the amassing of such wealth “beyond excess”?  Or, does it perpetuate the myth of this country, that “anyone” can become wealthy, the President of the United States, or begin a “start up” company in one’s garage and make it into an internationally-dominating company?  And what about the price which must be paid for going beyond excess?  Does it impact the health of the individual?

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 any longer extending one’s career in the Federal Government, the concept of “beyond excess” takes on a new meaning: of the comparison between one’s health and the excess of a demanding job.  And while the concept may not have much to do with wealth or the national debt, it does share a metaphorical synchronicity with the general concept: That there now exists an incompatibility between your deteriorating health and the excessive demands of a stressful job.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and begin the process of reigning in the demands which have taken a toll, and which have become beyond excess.

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 Disability Retirement Law: Doctor’s Orders

Does strict compliance with doctor’s orders guarantee recovery and good health?

Quite obviously — not.  Medicine is not a science, although it is “science-based”.  The history of medicine — including psychiatry — does not have a pretty history.  It possesses a lineage of trial and error; of successes and failures; of applications which now appear barbaric; but of great and impactful discoveries, as well, including antibiotics and medicines which have saved lives.

Doctor’s orders, in the end, constitute the bare minimum; the rest is often up the individual as to what further to do: Of reducing stress; of eating healthily; of changing or discarding bad habits; of exercising and changing the lifestyle habits which harm.

And what about filing for Federal Disability Retirement benefits under FERS?

If you are a Federal or Postal employee who has at least 18 months of Federal Service, you may be eligible — but you must also follow the doctor’s orders.  That is one of the “unspoken” requirements of the U.S. Office of Personnel Management — to be compliant with the medical regimens ordered, to see whether or not you have tried everything in order to get better.

For, OPM’s argument is that if the doctor’s orders are not followed, it can never be known whether or not it was the medical condition which prevented the Federal employee or Postal Service employee from performing his or her job, or the lack of compliance which intervened.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether you have followed the “doctor’s orders” before you begin the process of following the “Lawyer’s orders”.

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 Disability Retirement: The Nimbus Implication

Subtlety is gone; everything must now be explicitly stated and proven.  Diplomacy was often known as the art of the subtle — of making statements which could be interpreted in multiple ways; of committing, and yet not; of appearing to be cordial while hiding the tensions of subterranean hostilities — sort of like the relationship between the United States and China, as opposed to the now-openly hostile and confrontational geopolitical interplay with Russia.

The “nimbus” is that halo often depicted over the head of a saint.  It is vague; somewhat of a haze; a luminous color that remains even when the individual walks about.  What does it imply?  Somehow, we all know — that it implies saintliness, of a purity and quality we ourselves do not possess, and when we encounter a figure who possesses it, the implication is clear and unequivocal: We have encountered the supernatural.

Federal employees and U.S. Postal workers who suffer from a medical condition which prevents the Federal or Postal worker from being able to perform all of the essential elements of his or her job, often walk about with what is tantamount to the nimbus implication — except, with the opposite effect.  Instead of saintliness, it is about being a pariah; for, over time, the Federal Agency, the Postal Service, the Supervisors of both, they all lose patience with the individual who suffers from a medical condition.

Suddenly, the nimbus implication leads to a PIP (Performance Improvement Plan); a restriction on leave usage; even discriminatory practices deliberately initiated by the Federal Agency or the Postal Unit; and, sometimes a removal from Federal Service.  The option once the nimbus implication reaches an extreme point?

File for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management.  Contact a FERS Lawyer who specializes in Federal Disability Retirement Law and begin the process of avoiding the consequences of the nimbus implication.

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 Disability Retirement Help: Adumbration

It is a vague foreshadowing for future events — often a sense of unease, a non-specific feeling of dire foreboding, or when someone says, “I cannot put my finger upon it but…”.

It is when your dog acts skittish, but you don’t quite know why until some unexpected event occurs, and you pause and wonder, “Was he trying to forewarn me?”  Or what the Native Americans in tradition and mythology could foretell because of their intimate connection to the behavioral psychology of birds, deer, other animals, etc., and even of rocks and boulders which shimmered some secretive reflection of nature’s future unease.

Adumbration is the sense of knowing without being specific; of an intimate connection to one’s context, but where context is now merely a shadowy doubt no longer ensconced upon the altar of Man’s worshipping misgivings.  Are you a Federal employee or a U.S. Postal Worker?  Are your medical conditions becoming an adumbration of a future yet uncertain?

One’s future cannot flourish, let alone merely continue, in one’s Federal or Postal job, precisely when there exists an incompatibility between one’s medical conditions and one’s Federal or Postal positional duty requirements.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether or not the adumbrations revealed in the symptomatologies one experiences is not the basis of a viable Federal Disability Retirement case.

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 Law: The Patchwork of Life

It is an appropriate metaphor — of a hodgepodge (even the word itself reflects well the definition) — where the composition is made up of miscellaneous or incongruous parts, yet with the result possessing the potentiality of a fulfilled and even “beautiful” end-product.

The fact that it begins with incongruity and miscellany, doesn’t mean that the final and finished composition must by necessity reflect the unplanned or ill-fitting periods.  Much of life is like that — of spectrums representing imperfect and uncomfortable deluges of pegs trying to fit into round circumstances; but we have to make the best of it, and over time, the problems and frictions will ultimately resolve themselves.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your Federal or Postal career — perhaps this is another “patch” which must somehow fit into the long list of incongruity.  Well, so be it.

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law, and consider whether and how to fit the next ill-fitting piece into the whole of your life, so that when you look back, it will have been the perfect fit in a quilt of beauty.

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 Disability Retirement Law: Not Knowing

Not knowing is not the same as not wanting to know; and, moreover, it is distinct from knowing but ignoring the knowledge and refusing to make the connections necessary and easily recognizable, and perhaps even claiming to not know.

Finding a wad of hundred-dollar bills on the sidewalk, picking it up and pocketing it, then claiming to not know how it got there, may be a justified position to assume — unless, of course, you saw who dropped it but failed to act upon it.  What if you saw who dropped it, didn’t know who the person was, and didn’t try and catch the person before the person left?  Does it make a difference?

Not knowing and claiming to not know are two different things.  In law, however, whether you did not know or were not informed in order to know, is a distinction without a difference.  The phrase, “Ignorance of the law is no excuse” is generally applicable, and in Federal Disability Retirement Law, it applies strictly.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that you may be entitled to Federal Disability Retirement benefits, contact an experienced lawyer who knows the Law so that not knowing the law will not prejudice you.

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 under FERS: The Bellwether

It is the leading sheep of the flock, graced with a bell on its neck in order to establish its role for the others; or, in more colloquial parlance, the predictor or indicator of something.

Thus, a red sky may be the bellwether of a coming storm (not being a seaman, one forgets whether it is the night or morning sky which is the predictor).  If one is superstitious, a cracked mirror or the unexpected crossing of a black cat is likely a bellwether of something — although, in modernity, perhaps the anachronisms no longer apply.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or her Federal or Postal job, the question of a bellwether is appropriate.

Under FERS Disability Retirement laws, one must be able to show that a medical condition will last a minimum of 12 months.  One does NOT have to wait the 12 months in order file; merely, that a doctor can, within reasonable medical probability, “predict” or provide a prognosis that a medical condition will last for at least that long.

Most Federal and Postal workers “know” from the start whether or not a medical condition will last a minimum of 12 months; such a bellwether is not rocket science, but more of an intuition established by one’s sense of one’s own health.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and see whether the bellwether rings for the pathway towards an early medical retirement 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.

 

FERS Medical Retirement from the OPM: The Intersection of Hostility

Is the cart before the horse?  Which came first, the chicken or the egg?  Such idioms have their appropriate meaningfulness — as asking the question of sequence and priority in a given circumstance.

For a Federal or Postal employee who suffers from stress leading to other conditions — perhaps of depression, anxiety, panic attacks, etc. — the question involving the intersection of workplace hostility, or what is often termed as a “Hostile Workplace” — comes into the picture.  It is an issues which must be carefully addressed when the intersection involves preparing, formulating and filing for Federal Disability Retirement benefits under FERS.

Why?  Because a further legal issue — that of “situational disability” — can defeat a Federal Disability Retirement application under FERS.

Certainly, the intersection of hostility can and often does play a part in a Federal Disability Retirement application, but it should be characterized merely as a “trigger point”, and not the sole and exclusive basis of filing for Federal Disability Retirement benefits from the OPM.

How one formulates a Federal Disability Retirement case; the description of the intersection of hostility; whether one’s medical condition is “situational” or “all pervasive” — these should be considered by an OPM attorney who represents the Federal or Postal worker in a Federal Disability Retirement case under FERS.

Contact an attorney who specializes in Federal Disability Retirement Law, and do not put the cart before the horse, or argue that the egg came before the chicken, before consulting with a lawyer 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: The Technical Application

In every system, specialty, sub-specialty, etc., there is a technical application and usage of a term, concept, acronym, etc.  Wittgenstein, the Austrian Philosopher and the author of “Philosophical Investigations” (as well as Tractatus Philosophicus and other works), discusses the concept of “Language Games” involving such unique and technical applications of word usage within different contexts and circumstances.

Thus, there are “computer software language games”, or engineering language games — where specific words have meanings quite narrowly defined, and which often excludes the general population’s understanding unless you become a “member” of that particular group, society, etc.

In Federal Disability Retirement Law, there are numerous technical applications within the language game of “Federal Disability Retirement under FERS” — and one of them is the usage and application of the term, “Accommodations”.  The term itself is widely and loosely used — as in referring to various work-related adjustments and changes.

Thus, a Federal Agency or the Postal Service might, for example, refer to a light duty assignment as an “accommodation” provided, when in fact — in the technical, legal sense — it is not at all an accommodation under Federal Disability Retirement Law.

The problem with a technical application, usage and misapprehension / misunderstanding terms and concepts used in a “general sense” as opposed to the “technical sense”, is that such failure of comprehending the precise meaning of a term can result in failing to apply and obtain Federal Disability Retirement benefits under FERS.

Contact a lawyer who understands the technical application of all terms under Federal Disability Retirement Law, and don’t let the language game of Federal Disability Retirement Law mislead you into a failure of filing an effective Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management.

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.