Tag Archives: fers disability office of personnel management

FERS Medical Retirement Law: The “EU” Prefix

Good; well; uttering sounds which portend of good omen; and of the root word of “euphemism”, it comes from the Greek word, “phemos”, or “speech”; or of the word, “Euthanasia”, the word after the “eu” is derived from the Greek root, “thanatos”, or death.

And thus do we alter and modify the very meaning of the words by attaching the prefix, “eu”, and turning a negative concept into a positive one: of speech which could be harmful or derisive, into an utterance of a more positive outlook; and of death — that ultimate end which portends of agony and pain  — into a painless sleep into that eternal darkness.  It is the prefix attached upon a word which can turn the negative into a positive.

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, preparing, formulating and filing an effective Federal Disability Retirement application under the current Federal Employees Retirement System (FERS) through the U.S. Office of Personnel Management is tantamount to place the “eu” prefix onto your life and career, where the medical condition itself has become the negative impact upon your life and career, and where the “eu” prefix can turn that around and make it into a positive circumstance.

Contact an Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of attaching a positive prefix onto a negative circumstance by become eligible for Federal Disability Retirement benefits 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 Disability Retirement: President’s Day 2022

There have been many of them.  Originally, this holiday was meant to commemorate and recognize our “first” — George Washington, born on February 22, 1732.  It is a habit for nations to acknowledge “firsts”, as well, we do so in our personal lives.  The “first step” of a toddler; the first day of class; the first kiss; the first time-X; and many more, besides.

More recently, the day has come to recognize all of our presidents, good, bad or indifferent.  In modernity, it has come to be a contentious point of conflict: From whether we should celebrate the life of a slave owner, to why we should give recognition to those presidents considered as less than honorable — the spectrum of opinions on the matter remains vociferous and vibrant.

For a democracy (yes, yes, we can quibble as to the difference without a distinction in contrast to a “Constitutional Republic”), perhaps that is a healthy matter, for the raging debate and intellectual discourse is always a positive characteristic reflecting involved citizens.  Regardless, let’s take the day for what it is worth, and enjoy the time remaining in each of our lives by pausing to reflect in these difficult times.

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 Salve of Talk

We used to recognize the distinction between “talk” and “action”, but modernity has blurred the difference through social media outlets which purport to elevate words as “action-words”.  It is enough in this day and age to merely state that “X is Y”, even if there has been no actual transformation of X becoming Y other than a declarative sentence stating it as a fact.

Some philosophers have, of course, posited that certain words do, indeed, constitute “actions”; but for the most part, the history of linguistic malleability has resisted, and the distinction still holds between words and actions.  Thus, to say that “X was run over by a truck and lay in the hospital” is quite different from the fact of such a description; and anyone who has experienced pain can attest to the differentiation posed.

Talk in recent times, of course, has become a kind of salve.  There is therapy where once there was penitential confession; and families in general believe that “talking about things” is a good thing.

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, talk only gets you so far.

Preparation, formulating and filing of a Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, is the step beyond the salve of talk, and to take that first “action-step”, you may want to contact an OPM Disability Attorney 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.

 

OPM Medical Retirement for Federal Employees: The Before & After

In once sense, there can always be the identifiable spectrum bifurcated into the “before” and “after”, and the conditions, the context and the significant differences characterized by each.  There is the time “before” the 1929 stock market crash, and then the “after”.  There is the “before” period in Nazi Germany, and the “after” timeframe subsequent to defeat.  There is “before” television and “after”; there is the time period before X-presidency and after, and before the advent of the computer, the laptop, the smart phone, etc. — and after.

How can we identify and bifurcate based upon relevant contexts?  For example, one can point to the legendary bank robbers — of “Bonnie and Clyde”, “Pretty Boy Floyd”, “Baby Face Nelson”, etc. — and it is much fun to watch movies romanticizing such characters.  But how would they fare today in the era of cellphones and electronic tracking devices, modern technologies of security apparatus, etc.?  Could a person “get away” these days using the same tactics and strategies, or would any of the famous bank robbers have been smart enough to change tactics and adapt to this world of technological intrusion? Are the old bank robbers of “before” the new cyberspace hackers of “after”?

Before the Great Dust Bowl and the Depression was a country that was mostly agrarian and independent of the Federal Government; after, we became a nation where the greater populace looked to a more centralized nation.  Good or bad, we tend to view contexts upon a spectrum of “before” and “after”, and the same is true of individual lives.  “How” we view it all depends upon which events we consider as significant enough to posit as the bifurcating dividing point that separates the “before” and the “after”.

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 “before” is quite simple: Before the onset of the medical condition.  It is the “after” that becomes problematic, and filing for Federal Disability Retirement is the next step in completing the process of the “after” so that you can go on to the next phase of your life and make the “after” the next “before” in a life that doesn’t remain stuck in the “before” of one’s medical condition.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Pleasure & the ascetic

The two concepts are often thought to be antithetical, from opposing philosophical frameworks and inconsistent in their expending of energies to achieve.  Of the latter, it connotes self-discipline and an aversion, if not outright refusal and avoidance, of any indulgences that are implied by the former.  The former, of course, is what most of us strive for — if not openly, then surreptitiously while denying that it is one’s singular goal.

Pleasure in its excesses can be harmful, of course, just as too much of anything can lead to self-immolation through abundance and gluttony.  Both, however, have something in common: they are like two sides of the same coin, where life doesn’t allow for the existence of one without the recognition of the other.

Thus: Being cannot be distinguished without Nothingness (e.g., it is because there is the “nothingness” of space between the bookshelf and the wall that you can differentiate between the two entities); life cannot be identified without its opposite —death, or inertness; wealth is created in contradistinction to poverty, or lack thereof; a smile can be recognized, but so can a frown; and so forth and so on.

What the ascetic fails to realize is that the extreme of self-indulgence in striving for pleasurable activities need not be the only methodology of interacting with this world; there are more moderate ways of living than the pure rejection of all pleasure.  Conversely, the one who strives only for pleasure — i.e., pleasure as the sole motivator in one’s life and goal-seeking — fails to realize that its corollary — pain — is a necessary posit, and if not rearing its ugly head presently, will do so sometime in the near future.

Pain is an existential reality of life, just as pleasure is the rare interlude that we all seek, and it is the ascetic who has realized that life’s pleasurable moments will often follow with a period of pain, as the reason why some seek to limit the pain by denying all pleasure.  That is why monastic orders come into being, and why Zen Buddhism founds its roots in the denial of reality in order to deal with pain — all because pleasure could not be ultimately achieved without the pain that accompanies.

That is the reality that Federal and Postal employees come to realize when a medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job.  Suddenly, those “pleasures” that were once taken for granted — of a health body; of a mind that has focus, concentration, and mental acuity to multi-task on a daily, sustained basis — begin to wither and wane.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become a necessity, and when one is forced to take that necessary step, it may be a good idea to consult with an attorney who specializes in Federal Disability Retirement Law.

For, in the end, neither pleasure nor the ascetic have grasped the true point of living a worthwhile life; as worth is determined by the priorities ones sets in the course of existing, one’s health should thus be a major element to achieve within every web of goals set, whether in striving for pleasure or regarding the ascetic who renounced it for the sake of a mistaken belief.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: The running of days

How does it happen?  Where did it all go?

One day, you are a young man or woman, full of promises and hopes, dreams that defy any limitation or restriction of potentiality yet to be unleashed; and the next, an old man or woman, rocking back and forth, awaiting the grim reaper with its scythe and faceless chasm of darkness and despair.  In between, of course, there is a memory – of a blur, a constant rush from this activity to that, of emergencies, turmoil and tumults, of the proverbial peaks and valleys; in short, it is called “living life”.

It is the running of days, one upon the other, one mixed into the two, then weeks, months and years, and finally decades that turn into a half-century.  Was it all worth it?  Did we stop and perform that salient act that became so popular during the 60s – of stopping to “smell the roses”?  And if we did not, what wisdom was gleaned from the lack thereof, the absence of pause, the semicolon of interludes?

Or, did we follow upon the admonishment stated in that 1974 folk song by Harry Chapin, “Cat’s in the Cradle”, where all we did was to teach our kids to be “just like me” and roam the universe in search of meaningless trope and allowing for the running of days to overtake us?

Or is it simply that our memories fail to serve us, and there were many days and some months where enjoyment, relationships and meaningful engagements were in fact embraced, but that the living of life often erases, smears and obscures such that our recollection is so cluttered with valuable connections and so consumed with overflowing “moments” that we just cannot even contain them anymore?

The running of days is ultimately just a metaphor, like running water and leaks that just keep on; but it is one that sometimes needs fixing, and it is the repair work that often cannot be performed within a lifetime of such disrepair.  Regrets hit us all, but the greatest one that never seems to close the wounds of time is that one where time was wasted upon frivolous acts of unrepentant entanglements.

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, the other proverbial saying is that one which refers to “spinning one’s wheels”, and yet knowing that no good will come out of staying put.

Preparing 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 or CSRS Offset, may be the only solution left to a career that has come to a standstill.

Medical conditions tend to trigger a running of days – where the chronic pain or the illness extended seems to make no difference or distinction whether it’s a weekday or a weekend, and the only way out of such a mirage of misgivings is to “move on”; and as filing an OPM Disability Retirement is often the best and only option that can accomplish that, given the timeframe that it now takes to get an approval at any stage of the bureaucratic process, it is probably a good idea to file sooner than later in order to get ahead of the running of days.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Systems: The sacristan

There was once such a job.  Now, of course, the closest we can come to it is forever hidden in the secrecy of our own private lives.  For, there is nothing sacred, anymore, and everything private has been allowed to be revealed in the public domain of electronic declaratives.  Whether of protecting holy oils, ensuring that decretals are unblemished in their interpretation; of maintaining the decorum, orderliness and cleanliness of the altar and the implements of worship; and initiating the timeliness of church bells to call upon the loyal throng to approach with the sacraments of piety.

When did such an important position become extinguished?  How did it become an anachronism and extinction of necessity, and who made such a determination?  Was it with the conflagration of the public domain upon the private – when formerly private deeds, of the sanctity of intimacy behind closed doors reserved by those who commit themselves into a tripartite unity of matrimony?  Was it when youth allowed for the destruction of dignity and defiance of decorum and all manner of discretion, of sending through electronic means photographs of acts beyond bestiality merely for prurient interests and chitter of laughter and good times?

The sacristan is unemployed; he or she is now merely a vestige of an arcane past where holiness, purity and the sacred have been sacrificed upon the altar of inconvenience and guilty consciences replaced by the King of Human Folly:  Psychology.  What do we hold sacred, anymore, and behind what closed door can we find the remains of a past forever absolved?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical conditions prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties, the question related to one’s own circumstances with the obsolescence of the sacristan, comes down to this:  In the course of dealing with my medical conditions, what altars of holiness have I compromised just to continue my career with the Federal agency or the U.S. Postal Service?  For, as the desecration of the public domain has increasingly harbored the sacred into the domains of private thought, so those reserved altars of inner sanctuaries concern the essence of one’s soul and the inner-held beliefs that remained forever the last vestiges of a sacred self.

Preparing, formulating and filing a Federal Disability Retirement, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is always just a means to an end.  The means is comprised of extrication from an untenable situation; the end is to reach a plateau of life where the sacristan may be reemployed, if only within the inner sanctum of one’s own conscience.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Redshirt

In athletic parlance, it refers to an individual and a status, allowing for a fifth year of eligibility when the rules mandate a restriction to a four-year period.  The word itself is quite malleable, and reflects well the technicality involved in avoiding the direct letter of the language.  Being a redshirt (noun), a redshirt freshman (adjective) or redshirted in his first year (verb) reveals to us the capacity of language to jump like grammatical forms of hopscotching that amazes and intrigues; and the cautionary prelude to a wink-and-a-nod is prefaced with, “You are being too literal”.

It only proves the point, doesn’t it — of the age-old adage that rules are created with the intent of being broken; or, at least bent in order to fit?  For, once such rules were imposed in order to allow for “fairness” in collegiate sports, the “legal technicians” (i.e., lawyers) went immediately to work upon coming up with novel interpretations, strategies for avoidance, and advice to extend beyond what the limitations allowed.

“Redshirting” was one of the devised methodologies – of allowing for everything up to the critical line of demarcation:  that of playing in a game itself.  Thus, the redshirt can practice with the team throughout that entire year of eligibility, but such actions do not count; the redshirted freshman can attend classes, be a full-fledged partner in the “college life”, and yet his participation is not marked against him or her; and to be redshirted in that year of eligibility allows for growth, maturity, advancement in development – all without “using up” a year of eligibility by being sacked a hundred times during the season and becoming a shattered soul devoid of self-confidence and losing assurance of one’s talents and skills.

It is, within the athletic community of college consortiums, a brilliant strategy to deftly avoid the burden of rules; for the greater society, it reflects the essence of what is wrong, precisely because it is a deliberate attempt to avoid the literal language of the rules.  Yet, that is true of almost everything in life, is it not?

Careful study; identifying the loopholes; then initiating the strategy to maneuver around landmines and obstacles.  Is it any different than a hunting party tracking a prey, sniffing out the signs of predatory confirmation and taking in information and adapting accordingly?  Rules, regulations and laws may well be designed, initially, at least, to address a specific problem; and, out of the cauldron of an enacted statutes, comes multiple other problems and issues because of the malleability of words and imprecise linguistic pauses.

Preparing an effective Federal Disability Retirement application is no different.  It is a necessary prerequisite to identify the legal language of eligibility; define the issues; identify whether or not the Federal or Postal employee considering such an option “fits into” the legal criteria circumscribed; then to proceed to “redshirt” one’s own situation and devise a methodology for eligibility.

Compiling the evidence, formulating the proper narrative, and presenting 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 or CSRS Offset, can thus be likened to the redshirting of a freshman – in order to extend one’s life beyond the debilitating medical conditions otherwise shortening the career of a promising Federal or Postal employee.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from the U.S. Office of Personnel Management: Continuity of Care

Most things in life require a continuity of care.  Yes, projects will often have an inception date, and termination point where, once completed, no further maintenance of effort is required.  But other concerns require further and elaborative engagements beyond the linear horizon of attendance, including:  teeth, dogs, children, marriages, and Federal Disability Retirement benefits.

When a Federal employee or U.S. Postal worker obtains that vaunted and desirable letter of Approval from the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the tendency is to think that one may then fade into the proverbial sunset, ever to receive a Federal Disability Retirement annuity and focus upon one’s health, medical conditions and the medical care required.

But then there comes additional contacts from OPM — perhaps not for a few years; perhaps not for a decade.  But the potentiality of the contact is there, and one must lay down the framework of preparatory care in order to respond appropriately.  If not, what will happen is this:  A fairly innocuous request for employment information can result in a termination of the disability annuity, based upon a “finding” that you have been deemed medically recovered.

That “Final Notice” from the Office of Personnel Management does, fortunately, allow for Reconsideration rights, as well as further rights of appeal to the U.S. Merit Systems Protection Board.  Additionally, there is a proper methodology for responding to OPM, to enhance and greatly ensure the continuation of one’s Federal OPM Disability Retirement benefits.

Wrong steps can lead to negative results; unresponsive panic without proper legal argumentation can have the unwanted consequences of an unnecessary loss of one’s Federal Disability Retirement annuity.  The best approach is always to respond with the legal armaments and arsenal one is provided with, and to maintain a continuity of care for preserving one’s Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire