Tag Archives: federal technician disability attorney

FERS Disability Retirement: Just the Right Word

It is a terrifying thought that major events — some of which can lead to calamitous results — can turn on a word.  Diplomacy depends upon it, as well as marital harmony and a host of other circumstances.

Words possess the power of persuasion, and their salutary impact is seen by the consequences which follow.   One sees It in the faces of diplomats following lengthy discussions behind closed doors — whether certain words have really averted a crisis or have merely prolonged an inevitable consummation of intentions otherwise provoked.

Did “just the right words” avoid the breakup of a marriage, where the expectant looks of a child’s hope depended upon the soothing effects softly diminishing tempers’ destructive costs? It is the intemperate reaction in the heat of the moment which compels remorse of conscience and the recognition of the power of words.

For Federal Gov. employees and U.S. Postal workers who suffer from an injury or illness such that preparing, formulating, and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS becomes a necessity — or, if already filed and a Denial from OPM has already been rendered and a Reconsideration response is required — understanding that the entire administrative process is a “paper presentation” to OPM and is therefore dependent upon “just the right word” or, more accurately, multiple and voluminous words — is a daunting thought.

And furthermore, the words chosen must necessarily involve various areas of specialized disciplines — not the least of which (obviously) should include conceptual constructs of legal cases previously decided.

As such, in filing an application to OPM or in responding to an OPM denial and needing to file a responsive Reconsideration legal memorandum, it may be necessary to consult with a FERS Medical Retirement Attorney who specializes in Federal Disability Retirement Law to help in choosing “just the right word.”

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: The World of Yesterday

Yesterday was the day before the medical condition made its introduction; the day prior to having to acknowledge its existence, its impacts or its chronic appearance; the day just when complaining about life’s missteps and unfairness seems now so trivial and far off the mark of justified sequences; and it is the day now in the near past, yet so distant in significance or of memories retained of better times when laughter would echo with sincere, heartfelt exuberance until today came along with the baggage of the world of yesterday.

Yesterday is the time we romanticized, of better times, more upstanding people seemed to populate the earth, and though there were still crimes committed, hearts broken and promises left unkept, nevertheless we insist that the world of yesterday was better than today, and tomorrow, bleaker yet except in small puddles of hopeful naïveté left abandoned in the palms of begging children outstretched to ask for alms of forgiveness never to be recognized except in shuttered side streets where mud, recklessness and poverty-stricken families with eyes staring vacantly from gaunt looks remain in silent alcoves of painful remorses.

The World of Yesterday is what we remember, that which we long for, and to which we direct our conversations, thus averting our eyes away from the reality of today, the ugliness of tomorrow and the hopelessness of the day after.  It is what makes us pause, justifies our procrastination and makes pudding out of venerated food items that are left on the shelves to rot and decay.

For Federal Gov. employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the World of Yesterday was when the chronic medical condition could be tolerated, hidden, ignored or “dealt with” — but we must always live in the world of today in order to prepare for the world of many tomorrows, and to do so, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management (OPM), whether the Federal employee or Postal Service worker is under FERS, CSRS or CSRS Offset, becomes a necessity, lest the World of Yesterday consumes the World of Today and subverts the many worlds of all the tomorrows which are yet to come.

Sincerely,

Robert R. McGill, Esquire
Attorney exclusively representing Federal and Postal employees to secure their FERS Medical Retirement benefits from the U.S. Office of Personnel Management.

 

OPM Disability Retirement Law: Unknown and Forgotten

Most people are unknown, but not necessarily forgotten — at least not to spouses, parents, children and other relations.  Many were “known” but today forgotten; few, known and remembered (which is presumably the antonym of “forgotten”).

In this modern age of media frenzy, where it is apparently important to be recognized, to count the number of “followers”, to achieve a love of fame where the volume of “likes” is announced, and of course the ultimate crown of glory — to have one’s “whatever” go “viral”.

Yet, despite the lack of achievement of most individuals, the fact remains that, statistically, most of us will remain in the category of “unknown and forgotten” — of a status where no great achievement was recognized and, by the sheer reality of relatives and relations dying, our identities result in the category of the forgotten.

We play games with ourselves where we try and imagine what it will be like after our absence, but such an imaginative prelude to the reality of our non-existence is an exercise in absurdity.

Perhaps that is why even Federal or Postal employees who suffer from chronic medical conditions still continue to desperately hang on to what is left of their careers — despite the onset of chronic medical conditions which prevent the Federal or Postal employee from performing one or more of the essential elements of his or her job; because, the fear of becoming unknown and forgotten is greater than the pain of leaving.  But in the end, there is nothing worthwhile in clinging to a phantom of the opera we choose to play.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and enjoy a retirement which allows you to focus on priorities, like your own health, and not become embroiled in today’s values of fearing to be unknown and forgotten.

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 for Federal Employees: Too Much

It is good to know one’s limitations.  Have you ever met a person who simply says too much?  Who is unable to be aware; is unable to stop him/herself; fails to recognize the subtle art of minimalism?  Yes, yes, there is the other extreme — of the man (or woman) who barely speaks a word, whose reputation is merely by a nod or a shake of the head, but that is less of a recognizable issue than the one who blabbers on and on and says nothing of substance.

A number of modern authors fit that same category; of the endless stream of consciousness (excepting Joyce and Faulkner, of course) of conversations that seem to go nowhere and have no purpose.  Then, there are those authors who — with a single sentence — can describe a scene, a character, a situation or a conflict with such ease of word-economy, yet with such poignant force that one is just awe-struck with admiration.

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, be careful that you don’t give away too much.  Yes, Too Little can be bad, but Too Much can have greater and more harmful consequences; you should aim for “Just Right”, and to do that, you should consult with a OPM Disability Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Callous Indifference

Can callousness be limited to indifference?  Or can it be active, affirmative, and intended?  Is there a qualitative difference between cruelty which is intended and that which disregard represents?

We often think of callousness as a passive activity — as in a person who walks past tragedy without giving a pause, a second thought or consideration.  But does it matter if a person instead stops, expresses empathy, speaks a lot of flowery words — then walks away still doing nothing?  Does the expression of “right and appropriate” words make a difference?  Or of the person who intentionally harms as opposed to refusing to intervene when cruelty is exposed — is there a qualitative difference between the two?

Agencies, entities, large corporations, bureaucracies, etc. — they are often charged with “callous indifference”, whether because they mechanically follow the dictates of an inflexible company policy, or because individuals within the company have become so attuned to a corporate attitude of indifference that they have simply lost their humanity.

For Federal employees and U.S. Postal workers who suffer from a medical condition and can no longer perform all of the essential elements of the job, callous indifference is often the attitude encountered by the Federal agency or the Postal facility.  It is sadly a fact of life.  And if you decide it is time to file for Federal Disability Retirement benefits under FERS, you will likely find a similar attitude of callous indifference from your Human Resource Office — yes, that very department which is supposedly set up to be of assistance in the process.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, and begin to separate yourself from the callous indifference of the world around, and initiate the process to take care of yourself in the process.

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

 

OPM Medical Retirement: Wisdom amidst noise

There is much of the latter, and too little of the former.  Further, the latter tends to drown out the former, and while it is the former which should gain prominence within the spheres of influence, it is the latter that dominates and strangulates, leaving only the emptiness of seeming profundity and relevance so that what remains is the hollowness of inaneness.

Do we consult the Aged?  Or, in this era of modernity where the cult of youth predominates, is it back to the blindness and ignorance of Plato’s Cave?  Noise is more than the drowning sounds of a multitude of chatter and drum beats; it is the sheer volume of words spoken without meaningful discourse.  How many corners in forgotten Old People’s Homes reside the wisdom of timeless insight, and yet they are left to shuffle about and stare with vacant eyes upon a world that cares only for celebration of the young.

There is noise; then, there is wisdom amidst noise; the question is, Do we listen and can we learn when the din of irrelevance takes the form of profundity when logic is lost in a world that has renounced rationality in favor of celebrity?

Those old dusty books — of Plato’s Republic to Aristotle’s Nicomachean Ethics; the writings of the Medieval Scholastics; of Schopenhauer, Heidegger, and of recent vintage, almost anything written by Roger Scruton — who reads any one of them, anymore, and less likely, do we approach them with curiosity as once in the child’s eyes wide with want of wisdom in search of it?

Wisdom is a rarity in a universe of noise, and it is the noise which deafens for timeless eternity.

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, it is important to seek wisdom as opposed to the noise of the moment.

Federal Disability Retirement Law is a complex bureaucratic process which involves many levels of administrative perplexities, and while there is a lot of hype and noise “out there” among H.R. Specialists, coworkers and even among lawyers, it is always the best course of action to seek wise counsel and advice, and to be able to distinguish wisdom amidst noise.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: 2 countervailing rules

Here are 2: If you have an idea late at night, unless you write it down, you will never remember what it was in the morning.  The other half of the countervailing rule?  In the morning, it won’t seem as profound a thought as it first appeared late the previous night.  Or: Forgiveness can come easily when once you admit to your fault; and the counter to that — if it is your spouse or close relation, don’t think that you won’t be reminded of your need for forgiveness when once the first sign of trouble appears.  And another: Time will heal; yet, the countervailing reality: others rarely care to sacrifice their time in order to allow for the time needed to heal.

And for Federal and 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 first “rule” of the 2-part countervailing rules of life is often: “Oh, I have been such a good employee all of these years, I am sure that my Agency or the Postal Facility will be understanding while I prepare a Federal Disability Retirement application — for, doesn’t all of those years of good service count towards a good-will well deserved?” And the countervailing rule to that is: “Buddy, you’re no longer going to be a part of this team, and what you did yesterday counts only until this morning, and no more. Let us give you a freshly-minted medallion that you can pin on your lapel, and boot you out the door the moment we discover that you are planning to file for Federal Disability Retirement benefits — even though you are doing only that which you have a perfectly reasonable right to”.

And thus do the countervailing rules always come in a duality of balancing coordinates; and, unfortunately, the behemoth of a Federal Agency or the U.S. Postal Service always seems to have the upper, dominant hand, which is why you may want to first consult with an attorney who specializes in dealing with such countervailing rules of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Eluding becoming a cliche

What do we fear most, in life?  Is it to become maimed; to die a horrible death; to be left homeless, without family and bankrupt?  Or, is the greater and more realistic one, that of being relegated to irrelevance?

Of what does it gain a person to attain the pinnacle of wealth, power and prosperity, if the rest of the world scoffs, laughs and rejects with a dismissive nod barely acknowledging one’s existence or appearance?  Is it not that which we strive throughout our lives – not of accomplishing projects as a positive force of constructive advancement, but of eluding becoming a cliché?  “Oh, he’s not worth the time to even…”  Is that not the most fearsome of statements to mistakenly overhear from a friend or colleague whose opinion we value and cherish?

Imagine sitting in a café on a weekend (or, in this country, it would likely be a Starbucks or some similar venue), and you are partially hidden or obscured by a pillar-post, quietly enjoying your latte or some other foreign-sounding drink that is essentially a cauldron of admixtures involving sugar and this-or-that extract; the door opens and the brief chill of the outside atmosphere is allowed in; an order is given, and the voice emitted and uttered is a familiar one.

You turn around and recognize the familiar face, and begin to stand up to say hello, but think better of it because of an unknown companion accompanying the person, whom you neither know nor have any reason for suspicion of intent or motive, but because of the pause, that moment of comfort in giving salutations has passed, and now you try and hide behind the pillar for no good reason, except that you are steeped in the embarrassment of needing to hide, not even knowing why.

They sit out of sight, just around the corner from the post that guards your presence; you consider getting up, walking towards the entrance, and replay a scene you have already rehearsed in your own mind:  “Oh, Dave!  How are you?  Didn’t see you come in!”  Then, to quickly rush out so that the query about the companion would not be necessary to address.  Instead, you sit cowering behind the protective obstruction of this magnificent pillar, the stalwart of obstacles allowing for anonymity.

The conversation courses onward; tones undulating farther, closer, with clarity, with unmitigated boldness; and a sense that there is, indeed, something secretive in the subtleties of the spoken words.  Then, the pathway turns upon the familiarity of one’s own name, and the shuddering declaration from one whom you thought you respected, felt that you knew and considered to be a close confidante:  “Oh, he’s not worth wasting the time of day upon.”  Those many years of eluding becoming a cliché, swatted away like the irritant of a gnat or unwelcomed fly.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition requires 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, isn’t the reluctance to file often propelled by that silly wish to avoid becoming that dismissed person of insignificance?

In the end, what does one care whether others consider you a cliché?  For, it is never the opinion of relevance or significance as declared by others that matter; in the end, such declarations merely reflect the inner smallness of those who fail to consider the uniqueness of those so easily dismissed.

Sincerely,

Robert R. McGill, Esquire

 

Civil Service Disability Retirement Benefits: Human activity

The dizzying pace of it all defies comprehension.  We are, indeed, busy-bees, always engaged in this project, that protest, intervening in the affairs of others when our own are in such a state of disarray; up at it early in the morning and continuing until exhaustion sets in or wayward dementia in old age where even nursing homes impose human activity every night – bingo, dance, meditation, Tai Chi, family visitation day; not even a break for the aged.

Then, when we see those documentary films in foreign lands, of men taking hours to untangle the fishing net in preparation for the next day’s work; of sitting with family members in gathering for a meal; and of mountainous monasteries where gardening for supplemental food sources is an act of reflective repose, we wonder if the lives we live – so full of human activity supposedly for a purposeful end – is the only, the best, or the pinnacle of options left for us?

Did we ever choose the quantification of human activity we engage in?  Did we, at some point in our lives, sit down and say, Yes, I will accept to do that, agree to embrace this, and refuse all others?  Or, did the incremental, subtle and always insidious wave of requests, obligations and pressure to perform just overtake us, until one day we wake up in the middle of the night and recognize that our time is not our own, the human activity is without purpose or conscious constructiveness, and the projects we think are so dear to us, merely destroy and debilitate the human spirit?  That is the alienation talked about by Camus and the French Existentialists, is it not?

Human activity cannot be so senseless or purposeless; it must be to build, to advance, to secure for the future; and yet, as we lay in the quietude of nightly sweats, it becomes evident that we perform it for means otherwise intended.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to alienate one’s sense of mission and purpose from that of the priority that should be recognized – one’s health and the ability to have joy in life – the contradiction and conundrum is in “letting go” of that which has been a part of our lives for so long:  The job, the career path, the sense of “belonging” to a community of people who believe in the mission of the agency or the U.S. Postal Service.

Like barnacles clinging to the underside of a ship’s belly, we grapple and travel through life without quite knowing why, where we are going, or for what purpose we originally attached ourselves.

Preparing, formulating and filing an effective 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 of CSRS Offset, is a way of:  A.  Recognizing the priority of health, B. Beginning the process of detaching ourselves as mere barnacles upon a ship’s underbelly, and C. Reflecting upon the course of one’s future.  Human activity is great and all – but it is the things we choose not to do that often define who we are in the hubbub of this mindless frenzy.

Sincerely,

Robert R. McGill, Esquire