Early Out for Federal Employees with Disabilities: Indicators

They are the flashing lights to warn others of actions about to be taken; or, they can be “clues” which allow for a preview of things yet to occur.  Retrospectively, we are all experts at identifying them; prospectively, many of us ignore or are otherwise oblivious to them, despite their obvious presence.

When we perform a forensic analysis in looking back, we will often realize that there were, indeed, many indicators which should have forewarned us of the impending troubles.  While no one likes to play Monday-night quarterbacking (actually, we all love doing it; we just like to pretend as to its involuntary necessity), such forensic analysis is a useful tool in apprising ourselves of the things which we missed.  But when an event in life occurs only once, or we only have one shot at something, no amount of retrospective analysis is going to be helpful.

Medical conditions have that characteristic — of indicators or signs which should have warned us of future problems, of which we dismissively ignored in hopes that the warnings — and the future substantive troubles — would simply go away.

Filing for Federal Disability Retirement benefits under FERS is also like that — while you have 3 Stages in order to get approved (the 4th Stage being an irrelevant one because there is no quorum on the MSPB Board), you normally only have this “one-shot” at obtaining an approval.  Because of this, it is important to consult with a FERS Disability Retirement Lawyer and make sure that all of the “indicators” are taken into account before you make that proverbial “right turn” into the future.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Drawing Up the Battle Plans

Are they necessary?  Or, is pure talent, brawn and a willingness to sacrifice one’s life — enough?  Can a military officer simply say to his or her troops, “Well, we have overwhelming numbers; let’s just pick up our weapons and overrun the enemy”?  Or, is a “battle plan” necessary, even for a short foray to test the strength, weakness or vulnerabilities of enemy lines?

Most would contend that a battle plan is a crucial aspect for any considered conflict, and that merely relying upon strength of numbers or sheer determination of will to fight are not enough.  History is replete with examples of inferior numbers winning against great odds, precisely because a superior plan had been considered and implemented.  It is not necessarily the boldness of a plan, or even that a plan is clever or masked in subterfuge; rather, the clarity of a mission, the simplicity of protecting flanks and doubling-back in reinforcing weak links — a plan which the troops understand and comprehend as to its logic and potential outcome for success — is critical for any successful attack.

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 position, preparing well, formulating meaningfully and filing in a timely manner are all part of the “battle plan” for a successful foray into the territory of Federal Disability Retirement Law.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and begin drawing up the Battle Plans for a successful venture in obtaining your Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Fight

Not everyone relishes one.  Yet, the challenge comes about often when we do not expect it, when our proverbial defenses are down and we cannot muster the energy to properly engage it.  For children on the rough-and-tumble playgrounds, it can be over in a matter of minutes, where a few black eyes, a scrape and a bruise may be the worst of it.  For adults who actually engage in a fist fight, more serious consequences may ensue, and beyond hurt egos and wounded pride, there are laws against assaulting and battering.

But there are many other forms of “fighting”; of neighbors squabbling over overgrown trees which cross fence lines; of public debates and shaming; of aggressive trolls on the Internet.  Time was where once there were unspoken “rules” (like no hitting below the belt; no scratching or kicking, etc.), but with all-out “mixed martial arts” and other forms of unfettered fights, it seems that the art form (if there ever was one) is gone, and the only thing which matters is the outcome.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the “fight” is against the U.S. Office of Personnel Management, and fortunately for those who engage in this fight, there are rules by which all combatants must abide: The Statutes, Rules, Regulations and Case-Laws that circumscribe and dictate how the fight must be implemented and managed.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and find out what the rules are governing Federal Disability Retirement Law before you are in the “thick of it”; for, you do not want to have been taken unawares by a sucker-punch before you know what to expect.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Stress of the Moment

From a distance, we can all handle stress.  It is that time and removal from the moment that makes all of the difference, is it not?  Afterwards — after the explosive anger, the sudden quietude or the paralyzing fear — we reflect and wonder as to what created such a stressful reaction.  Or, years later, one may recall that it was a moment of “something”, but rarely remember the exact details as to what prompted or triggered it.  It is often the combination of multitudes of factors: Too little sleep; overworked; a sense of isolation; a feeling that no one around you really cares, etc.

Then, when a medical condition enters upon the scene, all other factors tend to become exaggerated, magnified and exacerbated.  One’s health and deteriorating medical condition always adds to the stress.  It is like the old adage about a fish not realizing that it is swimming in water; when we have our health, we barely recognize it; when we lose it, it becomes the focal animus of our daily lives.  Without our health, there is no “stress of the moment”; rather, every moment is a stressful experience.

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, it is time to consider filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, in order to reverse the course taken — that of going back to experiencing the stress of the moment, as opposed to living a life of unending, unendurable and eternal stresses throughout each and every waking moment.

Sincerely,

Robert R. McGill, Esquire