Tag Archives: fers and sick leave medical retirement lawyer

Medical Retirement under the Federal Employees Retirement System (FERS): Money

We all groan about it (well, perhaps there does exist a 1% who never worries about it).  We complain and moan.  There is never enough.  When an unexpected amount is received, it provides a momentary thrill.

Idealists bemoan it but recognize its transactional necessity in an economy no longer viable in bartering terms; talking heads who self-proclaim to be “financial experts” (whatever species of animals they are, no one knows) talk about value, worth, “printing too much”, “pumping” too little, etc., leaving us all confused.  In the end, it is always a matter of, “How much”.

For Federal Employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates filing for Federal Disability Retirement benefits under FERS from OPM, the question of “how much” is a simple calculus of receiving 60% of the average of one’s highest-3 consecutive years of Federal Service for the first year, then 40% every year thereafter until age 62, at which point the annuity gets recalculated based upon the total number of years of service when you reach age 62, including the time that you are on disability retirement.

Thus, you are actually “building up” your regular retirement by being on disability retirement, as those years you are on disability retirement count towards your total number of years of service when recalculated at age 62.

Imagine that — you receive an annuity (money) while on disability retirement, and at the same time, you are building up your retirement system so that, when you turn age 62, those years you were on disability retirement are calculated and added on to the years of Federal Service you had before you went on disability retirement.  It is money well earned and deserved.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employees with Permanent but Partial Disabilities: The Delay of Time

We grumble and complain about “losing” an hour in Spring’s moving forward for the time change, and are glad to accept the “gain” of it in the Fall.  In either case, we recognize that we have neither lost the hour, nor gained it; it is merely the artificial alteration of clocks uniformly and by international agreement accepted.

The true loss is in the delay of time — of our actions, our thoughts, our lack of initiative in moving forward when necessity dictates a change in our lives.

Medical conditions tend to do that — they force us to delay time, hoping that it will go away, change course, and one day deemed to have been merely a bad dream, a nightmare to be forgotten.  But they remain with us — slowing us down, delaying the inevitable: Our career needs to change; we need to adapt to our circumstances.

For Federal employees and U.S. Postal workers who suffer from a medical condition and have been hoping that the delay of time might change some things, it should be clear that time is never a friend of an injury or disease — it merely provokes us into the false notion that time will ultimately heal.

Contact an OPM Disability Attorney who specializes in FERS Disability Retirement Law and consider that the delay of time will only make an emergency out of what is now merely an urgency.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Palatable possibilities

We often hear of that which is “possible”, then immediately pause to consider the probabilities of such declared possibilities.  For, isn’t it possible that there are martians on the far side of the moon, or that we all live in a dream, dreamt by the fragile whisperings of a butterfly, or that everything that we see, hear and experience is just nothing more than pure bosh, and Bertrand Russell was quite right after all, that our rumblings of metaphysical yearnings were merely a result of a stomach virus that needed an antacid to cure?

At what point are possibilities presented no longer palatable, and where are the limits of our imaginations such that reality clashes with fantasy and the medium between the two becomes so stretched that we cannot fathom their practical effects?  Have we come to a point now where supermarket tabloids are just as believable as mainline newspapers that cross the thresholds between truth and opinion?  Is virtual reality just as pleasurable as “real” reality, and does the realness of reality depend merely upon one’s perspective and opinion and how we view things?

Then, of course, there is the reality of a medical condition, and everything comes crashing down into a singular reality: mortality and health tend to bring us “back to the basics”.

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, what possibilities are palatable; whether possibilities presented are meaningful; it all comes down to the pragmatic choices from three: Stay, walk away or file 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 real possibilities in life are generally quite simple; it is the luxury of the healthy to entertain the greater expanse of palatable possibilities, but for the Federal or Postal employee who is faced with a chronic and progressively debilitating medical condition, the choices are stark and limited.  It is within those limitations that the palatable possibilities must be carefully chosen, and such course of actions to be chosen should be advised and guided by a consultation with an attorney who specializes in OPM Disability Retirement, lest the palatable possibilities turn out to be an unpalatable probability chosen out of a mistaken belief in the existence of palatable possibilities.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal Employees: Last

It is a peculiar word; for, it can mean both the final, end and trailing subject remaining in the far recesses of a sequence, likely to be forgotten and – except for the Biblical reference where such an entity can be accelerated to the front of the proverbial line – surely to be abandoned; yet, it also connotes endurance, the capacity to outfox others in similar circumstances, and the symbolic appearance of vitality and energy.  “Oh, that’s the last thing in the world you want to buy”, goes the dismissive utterance in considering that which is not of significance or relevance as a priority to be considered.  And:  “That’s one of a kind – it will last forever,” comes the accolade showered upon a product of excellence.

How can a single word comprised of four letters – the required singular vowel and the remainder of consonants surrounding like a moat protecting the castle encasing and elevating the royalty of linguistic peculiarities – possess such a diversity of meanings, like antonyms inherent in a conglomerate of a sole voice conflicted and yet without self-contradiction?  Is it like the grammatical equivalent of a tortoise in that famed fable who is considered always to be last, yet endures the scorn and scoffing of an audience that has no clue about that which will last beyond the ordinary circumstances of normative equivalency?

Yet, despite its innate complexity of meanings, ordinary people every day use it with aplomb, confidence and without any internal sense of being confounded by the challenges posed.  You don’t have to earn a higher-level degree or spend years of hermeneutical turmoil in order to offhandedly fling about in the daily language games engaged.  “I hope the good weather lasts”; “We’re the last ones in line”; “It is bad manners to take the last one”; “The parties hope for a lasting peace”.

For Federal employees and U.S. Postal employees who need to file a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the process of enduring a Federal Disability Retirement procedure will have a lasting impact upon the Federal and Postal employee, and this is especially true whether the Federal or Postal employee is the last person standing, in a proverbial sense, and often that is how the Federal and Postal employee feels – as if he or she is the last person in the Federal Agency or Postal facility to be considered for anything, because he or she is targeted as that last bastion of a thorn in the metaphorical backside of a lasting fight against the last thing the Federal Agency or Postal facility wants to deal with – the last man standing who will last through the harassment, intimidation and adversarial process of a lasting Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Recurrent Nightmare

Perhaps it is explicit, of images which repetitively beat the drum of constancy; or, sometimes, despite every effort, one cannot recall the harrowing particulars of a nighttime of eternity filled with dissipation of fear and loathing.

Restorative sleep is lacking; whether from pain, nightmares or paralyzing panic attacks; and the medical designation of insomnia, Obstructive Sleep Apnea, or psychiatric conditions of Generalized Anxiety Disorder, intrusive nightmares; or perhaps it is much more direct and simple:  pain which prevents getting into a comfortable position in order to drift off into the dreamland of serenity, and where the sharpness compels one to awaken with a scream, only to find that it is the silence of one’s aloneness which permeates the quietude of the voice which no one hears.

The next morning, the profound fatigue and exhaustion, beyond the mere ache of tiredness, with residual cognitive dysfunctions,follows one throughout the day, like a scent of undefinable and unidentifiable aura, always there but never quite connected, either in location, distance or substantive content.  For Federal employees and U.S. Postal workers who experience a semblance of such a state of being, it becomes like a recurrent nightmare, and work becomes impacted in so many different ways.

In physical-intensive jobs, in the greater potentiality for mistakes and accidents; in cognitive-focused positions, in analytical miscues and inability to focus and concentrate.  Perhaps it all becomes reflected in one’s performance review, or one becomes placed on a “Performance Improvement Plan” (a PIP); or even be handed an Agency’s Proposed Removal; whatever the cost, for the Federal or Postal worker, it is time to consider preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

No, Federal Disability Retirement is not the “be all” and “end all” of solutions; but it is an option which should always be considered when once the recurrent nightmare engulfs the Federal or Postal worker with consequences of adverse actions imposed upon a fragile state of being ready to crack under the weight of a chronic disease or medical condition of such seriousness and sufficiency as to have impacted one’s capacity to perform all of the essential elements of one’s positional duties.

Sincerely,

Robert R. McGill, Esquire