FERS Medical Disability Retirement: Defining Moments

The phrase can have multiple meanings.  It can mean, for example, that an individual is engaging in the act of defining a particular moment, or a series of moments — say, for purposes of writing a novel, or to make sure that he or she memorializes the moment in his thought processes for future reference.

Thus, in being introduced to someone and engaging in a conversation, someone might be asked, “So what do you think of so-and-so”, and as you struggle to define the moment, you might use various adjectives to describe the encounter.  In such an instance, the person doing the defining might recognize what he is doing, and mutter to himself, “Let me define this moment.”

Or, the phrase, “Defining Moments” might be applied in a more “objective sense” — that an event, an occurrence or some mishap was one of the “defining moments” of one’s life, meaning thereby, that the event had some profound impact upon one’s character, existence or approach to future actions.

Thus, an individual who once was a workaholic but had a near-death experience, who then gave up his career and became a lowly clerk in order to radically alter his lifestyle, might say of that experience that it was a “defining moment”.  The phrase itself can therefore be seen as either an “internal” event or an “external” one or, to put it another way, a “subjective event” or an “objective” one.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where that medical condition must lead to a change of careers and thus the proper and effective preparation of an FERS Disability Retirement application must be initiated, the term “Defining Moment” can be applied in both senses of the phrase.

For, the medical condition itself is a defining moment (in the objective, external sense), and the initiating of a Federal Disability Retirement application is also defining the moment — in the sense that the Federal or Postal employee who recognizes the need to make a change by preparing, formulating and filing an effective FERS Disability Application through the U.S. Office of Personnel Management, has recognized the need to define the moment (internal, “subjective” thought process) in order to be able to focus upon the priority of one’s health.

In either phraseology-usage, it may also be a defining moment to contact a Federal or Postal Lawyer who specializes in Federal Disability Retirement Law, lest the defining moment of a denial from OPM makes for a further definition of the defining moment: Of a legal fight against a bureaucracy that often represents the battle between David and Goliath.

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 Benefits: Drifting

We all do it; or, more likely, it merely happens to us.  The importance is not so much whether we are, but whether it is towards something, or away.  If it is drifting away, without a direction towards something, then there is the danger of isolation, desolation and despair.  If it is being adrift — but with some direction and ultimately “towards” some direction or goal — then it is a positive thing, and not merely a negation and a chasm leading to nothingness.

We cannot — all of us, every waking moment and every minute of our lives — be purposeful, goal-oriented, and with certainty of hope.  If we were, we would merely be angels and divine agents, and not the fallible human beings we are meant to be.  Don’t be so hard on yourself; for, drifting is part of life’s meanderings, and there is nothing wrong with being lost every now and again, especially when such drifting may lead us to encounters more fruitful than merely existing as the busy little beavers we are always asked to be.

When drifting is a merely an interim period, a temporary state, then it is merely a “stage before” and will likely lead to something positive.

For Federal employees, of course, as well as U.S. Postal workers (both of whom fall into the category of FERS employees) who suffer from a medical condition where the medical condition leads one adrift, consider contacting a FERS Disability Attorney when you are ready, in order to guide and direct you in the right direction, in preparing, formulating and filing an effective FERS Disability Retirement application through the U.S. Office of Personnel Management under FERS.

Drifting is good; purpose is even better; and when the drifting is over, it is a good thing to redirect your goals and obtain a Federal Disability Retirement annuity in order to redirect your priorities so that your health becomes the end-goal in the drifting period of your life.

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: Pablums

There are many; and when they come our way, they tend to slip from our grasp, like a newly-caught fish squirming out of our reach, wriggling away despite the meatiness of its substantive bulk. “Oh, everything will turn out fine”; “There is always a pot of gold at the end of…”; “When the going get’s tough, the…”.

Are such statements of pablum ever helpful?  Or, are they mere vestiges from when we were children, when our parents couldn’t think of anything to say, but wanted to provide some sort of parental encouragement and thus would fall back upon such universal statements of monotonous platitudes?

How about this one: “There is always a pathway forward”?  Is that what Lewis and Clark said to themselves when, during the course of their expedition through uncharted wilderness, they were cold, starving and likely to die?  Is it a pablum, but one which has enough remnants of truth encapsulated that some trail of relevance can be gleaned?

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, there is indeed a pathway forward — of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and formulate a strategy of a path forward, regardless of the pablum which such a thought may entail.

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: While We Wait

The alliteration itself is telling — of the three “w”s which, while whispering which words, whittle away whole wisps of wincing wants.

While we wait — what wastes?  The “while” is the duration where inaction meanders; the “we” merely identifies an unknown person or persons who engage in the nothingness of inaction; and it is the “waiting” which we believe will resolve the problem.  And, yes, sometimes waiting does allow for time to heal, for an issue to resolve itself, and the expectation to be fulfilled.

But when it does not, then the “while” becomes a wasted block of unearned and unsalvageable period — a timeframe when things might have been done, something could have been accomplished, and maybe a process would have been initiated.

While we wait — the world passes us by; things get worse; the procrastination becomes all the more magnified and pronounced, etc.

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, “waiting” is often a period of time which is necessary — but the question is, Waiting on what?  While we wait on what?

It is one thing to wait while your Federal Disability Retirement application is being reviewed; it is quite anything thing if we are merely waiting on nothing in particular.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Developing the Viable Case

There is often a “twilight” period in the course of struggling with a medical condition — where the impact of the medical condition begins to slowly interfere with work competence, daily living activities and physical / mental capabilities; where the doctors are considering whether the medical conditions are chronic and intractable; and what this all means for the future.

There can be a “tipping point” on either side of the case: Perhaps some minor adjustments and accommodations can allow you to continue in your career; or, you may have come to a point where it becomes clearer and clearer that your medical conditions are incompatible with the type of work you do.  Wherever you are in the process, developing the viable case should include clarifying the legal issues inherent in considering a FERS Disability Retirement case.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of considering where you are in the twilight period of your case.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Postal & Federal Employees with Disabilities: The Field of Play

Perhaps the field of play has already been determined.  It is the place you have always met and played; the tennis courts just down the road; the neighborhood gym; the backyard where you have always played catch with your son or daughter; and in professional sports, the rotation which does away with home field advantage by going back and forth between the cities of sporting events.

The concept encapsulating the “field of play” also is often applied in other contexts, as well — as in which office a meeting will take place; where will people sit during negotiations; in what forum will diplomats from different countries come together, etc.  Do you “play” on “their” field of play, or on your own?  Who determines which issues should be “put in play”, and which rules of “the game” apply?

For Federal employees and U.S. Postal workers who have filed for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, it is important at the outset that you determine which field of play you will be engaging — OPM’s, or your own?  Often, OPM will move to draw you into their field of play — focusing upon certain issues that they believe you must address.

When that moment comes, it is important for you to have an attorney who narrows each issue, and turns the proverbial tables around and forces OPM to come onto your field, address your issues, and play by the rules which actually govern Federal Disability Retirement Law.  Consult with a Federal Disability Retirement Lawyer and make sure that you have the home field advantage, and that the field of play is on the legal field of battle which you have chosen.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Turning Point

There are at least a few in every person’s lifetime; that moment, the juncture, a particularly critical encounter which results in a change.

How momentous a change?  It depends upon the circumstances; however, the “turning point” for most individuals is of sufficient consequence so as to be remembered retrospectively as a specific aggregation of time and events that required a change.

There are weighty events in life’s multiple paths which force an individual to make changes.  Change is a difficulty thing for most of us; we rely upon and enjoy the monotony of repetition, predictability and laziness of doing things the way we have always done them.  Yes, there is sometimes the excitement of “newness”, but for the most part, contentment with the sameness of yesterday and the day before are what we love.

Birth; death; a career opportunity; a health crisis — these, and some other events, often bring about a “turning point” in our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where that medical condition begins to prevent the Federal or Postal worker from performing all of the essential elements of his or her job, the turning point is often that realization that things cannot continue as they have been doing for the past 6 months, the past year, or perhaps longer.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, and consider whether or not the next turning point in your life is the effective preparation, formulation and filing of a Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement for Federal Employees: Odd man out

Medical conditions make one “feel” as the odd man out.  First, it is a sense of one’s self; something is not quite right, whether in one’s cognitive capacity, emotional upheaval, or through indicators of increasing physical pain.  Then, when it begins to impact one’s ability and capacity to perform all of the essential elements of one’s Federal employment or Postal position, that “inner” sense begins to impact upon the “outer” reality of interacting with others.

Others begin to notice the change, and over time, the inner sense of being the odd man out begins to be reinforced through the treatment by others, that indeed, not only is there an inner sense of being the odd man out, but you are treated outwardly as the odd man out.

Federal Agencies and Postal units work as collective organisms that act like unfettered packs of wild animals, leaving a version of a Hobbesian State of Nature to occur without remorse.  Fortunately for the Federal employee and U.S. Postal worker, there are laws that allow one to protect the years of service one has accrued, by filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

If you — as a Federal employee or U.S. Postal Service worker — have come to recognize that your sense of being the “odd man out” is no longer merely a subjective state of mind, but has clearly become ascertained through unbearable and persistent harassment, unfair treatment and insistent application of rules to abide by applied in a targeted manner, all because of a medical condition that is suffered through no fault of your own (or even if there can be fault attached, it is irrelevant, as an OPM Medical Retirement does not consider causality as an issue for eligibility determinations), then it may be time to consider preparing, formulating and filing an effective FERS Disability Retirement application through the U.S. Office of Personnel Management.

For, in the end, the odd man out is merely a recognition that it is the world around that has failed to adjust to the cruelty that accompanies an unavoidable medical condition.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: The Source

Every vibrant and expanding civilization relies upon it; the crumbling ones disregard it; and the stagnant ones begin to question their necessity. It is applied in various contexts, but the importance of maintaining its relevance as the authoritative foundation cannot easily be dismissed.

We hear the word used in different contexts: Whereof the source of the the River Nile? What are your sources in arriving at your conclusions? And are they “original sources”, or “secondary” ones? And of the infamous “anonymous” sources — can they be trusted, or does the mere intimation of anonymity betray an unreliability precisely because there can be no accountability by the very nature of a faceless and nameless origination?

In modernity, since everything is “sourced” through Googling, and very little attribution is verified by “original” sources, does it matter anymore whether one’s asserted authority for declaring X, Y or Z is based upon primary or secondary “sources”, or even if it was an anonymous “third-hand” source?

Furthermore, does an obscure source of a little-known citation have any greater impact than one that is well-publicized and of common knowledge to all? If, in the course of a conversation, everyone relies upon the believability of a “source” — say, a stockbroker who has never been wrong, but then someone pipes in that “so-and-so” says to stay away from that company because it’s about to crumble under its heavy debt-structure” — who do we believe? Does it matter if the “so-and-so” referred to is a Board Member, or some insider at the accounting department of the company who is “in the know”?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is impacting the Federal or Postal Worker’s ability and capacity to continue in his or her career, the sources and resources that you put together in preparing, formulating and filing your Federal Disability Retirement application should be original, reliable and dependable. — from the doctors who support you, to the lawyer who will represent you, to the credibility of the “sources” you gather.

For, in the end, the search for the source of the Nile matters not for “where” it is, but from what mystery of origination would flow such that the beauty of a civilization would spawn such a wealth of culture and originality.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Happiness revisited

What is it that makes people happy?  Is it constituted by generic categories (like “wealth”, “fame”, “friendships”, “popularity”, etc.), or is it specific to each individual (i.e., for Joe, it is to have sufficient time daily to become lost in reading; for Alice, the opportunity to go out with friends at least once a week; for Mary and Steve, to be in one another’s company, etc.) such that, while specific conditions can be described as the prerequisite for individual happiness, they can nonetheless be categorized into more generic forms while never losing the unique content of that which constitutes the essential ingredients for such individual happiness?

If generically-based, can it be “bottled” — i.e., advertised and sold?  Isn’t that what much of commercial advertising is all about — not the product itself, although that is the ultimate goal, but of the underlying message that by means of the product, the end will result in happiness?

Thus, teeth whiteners and dental conglomerates don’t just sell straightened teeth or gleaming smiles; rather, they sell happiness.  Otherwise, why else would everyone be smiling stupidly and pretending (for that is what actors and actresses do) that they are ecstatic in their roles?  And car insurance, life insurance, reverse mortgages and financial institutions — what are they selling but happiness through security and a sense of peace?

More importantly, should happiness ever be a goal, or is it best to allow it to remain as a byproduct and a natural consequence of a worthy life’s endeavors?

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 issue of one’s happiness is always present in stark contrast to the current human condition of deteriorating health: for, misery is the flip-side of happiness, and to that old standardized testing torture we all had to undergo as school children, happiness is to health as misery is to ___?  What would be the appropriate word used to fill in the blank?  Ill-health?  Sickness?

When one’s health deteriorates, the priorities of life suddenly come into sharper focus, for health is the foundation from which all else flows. Happiness, one begins to realize, cannot be the center and foundation; it is, instead, a byproduct of good health, solid relationships and productive careers, and filing for Federal Disability Retirement is a means to an end, whether you are under FERS, CSRS or CSRS Offset.

Thus, for the Federal or Postal employee who begins to 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, serious consideration should be given to filing for Federal Disability Retirement benefits, to be submitted, reviewed by and approved by the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire