Tag Archives: fers disability retirement benefits because of a non-job related condition

OPM Medical Retirement for Federal & Postal Workers: The Saddest Story

What makes for a sad story?  What touches us as the saddest story?  Is it a tragedy unexpected — as in, the death of a parent, leaving behind a grieving spouse or partner, and dumbfounded kids?  Or is it the story of a promising young person whose life is cut short by an accident?

Does “fault” matter?  If death or grave injury occurs, does the sadness of the story depend upon whether and to whom one can ascribe blame?  And does intentionality also come in as a factor — of whether the death, injury or unfortunate circumstances resulted from a deliberate and intentional act, or whether it was an “accident” where the event just played itself out without any participatory involvement of the “victim” in a given case?  Or, is the sad or saddest story dependent upon the viewer, the reader, the witness, etc. — of how sensitive that person is, whether he or she possesses an empathic character or one which is somewhat more blunted and callous?

Or, as is more likely — does it depend upon both: Of the story and the receptor in combination to determine the “sadness” of a story or narrative?

In the end, the saddest story combines the elements identified: Of a potentiality cut short; involving circumstances beyond one’s control; where fault cannot be ascribed; and where someone must pay an unwilling price.  Sounds somewhat like a Federal or Postal employee who must file for Federal Disability Retirement benefits under FERS.

Of course, there are greater tragedies — where death and grieving widows are concerned; but one should not discount the plight of the Federal or Postal employee who can no longer continue in his or her career, and must file for Federal Disability Retirement benefits.

Contact an attorney who specializes in Federal Disability Retirement benefits under FERS, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, and preparing the Applicant’s Statement of Disability for OPM to ponder the saddest story.

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.

 

Medical Retirement Benefits for US Government Employees: A Slice of Paradise

Hank Worden played Moses Harper as the irritating sidekick alongside John Wayne in The Searchers.  At the end, he merely wanted a rocking chair to sit in, and rock the days and dusks away in view of the landscape’s beauty which told the story of the human narrative: of struggle, life and death; of wars and massacres; of the history of human inhumanity.

Perhaps that was his idea of a slice of paradise.  Everyone possesses a concept of it; for some, it is simple and fundamental; for others, complex and encapsulating endless greed.  Maybe it is just a place of your own on a mountaintop; a house in a quiet neighborhood; a family, or not; or a multi-million dollar mansion with wide and endless swaths of acreage.

Whatever constitutes one’s idea of a slice of paradise, that is what we live for.  For some, also, it is the negation of something.  We take for granted our health, and when we lose it, our idea of a slice of paradise is altered profoundly: For those in chronic pain, it is the negation or lessening of that pain; for those with anxieties and panic attacks and depression, just to get through the day without a breakdown.

For Federal employees and Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal job, filing an effective Federal Disability Retirement application under FERS may come closest to a realistic conception of a slice of paradise: For an opportunity to have some respite from the daily stresses of the workplace and attend to the priorities which envelope one’s daily life — the medical condition itself, which reveals that the fall of Adam and Eve, indeed, sliced paradise forever and a day.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal Government Employees: Weak Links

Perhaps we refer to it when using a chain to tow another vehicle, or to pull something or someone up from a deep ravine; and it is always the weak link that leads to the sudden collapse and failure.

We can apply the term in a metaphorical sense for other contexts, as well.  In a movie or play, there are “weak links” — of supportive roles, or perhaps even in referring to the main actor, that fails to deliver the expected performance necessary to brings about a box-office hit; or of a technologically-based company that provides a specific product, but somewhere down the line of the assembly or production process, a “weak link” is discovered which results in the failure of the product.

Air bags that fail to deploy properly; a member of a platoon who doesn’t “carry his weight”; a memory chip that erases critical information — all “weak links” within an aggregation of human activity.

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, there can be many “weak links”.  Perhaps your Federal Agency or Postal facility looks upon you as the “weak link” and thus proceeds to engage in a campaign of harassment and initiation of adverse actions to get rid of you.

You may need to file for Federal Disability Retirement benefits.  And when you do, you yourself must make sure that there are no “weak links” in the preparation and submission of your OPM Disability Retirement application.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law and limit the number of “weak links” in order to give yourself the best chance possible. For, in the end, it is always the “weak links” that come back to haunt.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Poet’s Choice

What is it about poets that so many die young?  There are various studies “out there” (just Google it!) which reveal that the suicide rate amongst poets is significantly higher than in other professions.  The emotional tragedian — of the person who views the world through a lens of subjective creativity yearning for romanticism in a reality of harsh ugliness — is a person who cannot fathom the contrasting loss of beauty.

Is there, within the profession of a poet, those who engage the traditional iambic pentameter as opposed to some formless, free-flowing approach (i.e., E.E. Cummings?) where the statistical significance varies?  Or is it indiscriminately indifferent across the board?  Is it because constant rumination within a subjective universe of human thought leads to greater mental instability, or is it something more fundamental and elementary— like the frustration of trying to find the “perfect word” to rhyme?

Do poets search for rhyming words like the rest of us do?  You know — where, for example, take the word “fought” and then in our minds we go down the list of the alphabet — bought, caught, (skip D, overlook E because it is a vowel; “fought” we ignore because we just used it; got, hot, skip I, etc.) — or does the word naturally flow for the poet?  In the end, is it rumination which leads to a state of being distraught, or the realization that the art of poetry cannot be reconciled with the chaos of this universe?

For Federal employees and U.S. Postal workers who have realized that a medical condition will not go away, and where the poet’s choice of words to describe the frustration in dealing with one’s job, career and inability in reconciling the medical condition with continuation in the Federal or Postal career cannot be grasped, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Most of us realize that poetry exists not amongst people, but within the ethereal universe of hopes and dreams, and when a medical condition jolts us into the realization that beauty resides not in a job or a career, but in the human relationships we form over a lifetime, then we also come to understand that health is more important than a Federal job or Postal career.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law and focus upon the beauty of health, and not the poet’s choice of despair.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Among friends

So, in the cackle of laughter and the roar of a campfire, or perhaps in the hazy heat of summer outside by the swimming pool, or wherever; among friends, enjoying an afternoon, a late morning, an early evening or into the twilight hours when children whisper sweet sounds of snoring dreams and even the dog has had enough of the friendships, especially where table scraps are no longer offered and a wagging tail barely invites a pat on the head, and certainly no more tummy rubs no matter how many times a hint is dropped; and so the vacant stares begin to take hold and the late-hour goodbyes begin to be offered.

Among friends; and yet there is an uneasiness; perhaps you learned something about one of them that you never knew before; perhaps, that couple you knew from high school or college, of whom you and your wife have always said, “Oh, not them!” Life brings unexpected traumas and turmoil, tumultuous events and interventions that one never plans for.  People whom you thought “would never” – whatever the blank narrative that follows that phrase or conceptual construct – suddenly do, are or will become.

We fail to recognize, always too late, that it is the unpredictability of life that is the predictable, and when we become ensconced with the settled comfort that guided Parmenides in his philosophical outlook, and recognize the perspective of Heraclitus, then can we take a step back and plan for that unexpected travail.

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 employee from performing one or more of the essential elements of the Federal or Postal position, it is precisely that sense of “being among friends” that can become problematic.

When to inform the Federal agency or the U.S. Postal workers of the intent to file; what to say, how much to divulge and in what form; to what extent this or that individual, supervisor or manager is allowed to know; what prying eyes will have access to sensitive medical information; and who are we among – friends, foes or somewhere in between?

These are questions that will have to be confronted and sensitively danced around and about, for in preparing, formulating and 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, the questions are often not, “Are we among friends?” but rather, “Who are our enemies”?

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Comparisons

We like making them; somehow, it allows for hope and, unfortunately, its opposite, despair, but they are engaged in nonetheless, regardless of the potentialities pointing in either direction.  Comparisons allow for a judgment of who we are, what we have accomplished and what we believe are the acceptable societal norms and standards, and whether we have succeeded or failed in meeting them.

People watch the pablum of television shows that display the ostentatious arrogance of some wealthy individuals who know not the concept of “discretion” or any sense of humility in having attained the higher luxuries of life; yet, many continue to be fascinated by such tasteless shows of comfort, and compare themselves, their accomplishments and the artificial standards of normative achievements that somehow have pervaded people’s psyche.

Of course, the corollary of such an approach to life is to redefine the definition of what it means to be “successful”, and thus to lower the standards in order to be all-inclusive, and do this each time as more and more people need to be accommodated.

Either extremes on the spectrum of man’s favorite sport – of watching, observing and comparing – constitutes the reality of that which is required to attain a level of satisfaction in life.  Of course comparisons are going to be made – for, we live in a world where everything is relative, and one can only recognize and realize the multitude of opportunities and potentialities by comparing one’s own station in life with that of what others have achieved.

Concurrently, sometimes the definition that defines who we are, what is important and where one wants to go, may need some adjustments.  Objectivity is achieved somewhere in the middle, between the comparative observance of “what is”, and the need to tinker with the language game that defines what “needs to be”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the favorite past-time of Americans – of observing, comparing and judging – meets a heightened sense of anxious awaiting because of what coworkers and supervisors begin to do.

They compare your level of productivity to what others are doing, and what you were doing before.  An “accommodation” is nothing more than the redefining of one’s essential elements of one’s job; but even with the linguistic rearrangement of those essential elements, the constant barrage of the other side of comparing continues – of supervisors, coworkers, etc., and the entire agency and postal facility judging whether or not you are doing as much as everyone else.

In the end, filing a Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, may be necessary, as the sharpened knives of those comparisons may be too much to bear, given the innate nature of man’s cruelty in a world where medical conditions and disabilities are deemed to be comparatively unacceptable.

Sincerely, Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The spam of life

Have you ever been amazed by how much “spam” there is?  Consider how many individuals, organizations, groups of individuals, people sitting in their bedrooms with a laptop, etc., trying to scam and spam, for whatever nefarious reasons hidden; it is as if the whole world has gone mad.

Is it true that the great majority of such leftovers often filtered by computer software dependent upon the dubious intent of those who would infect and harm, is produced for the most part by a single individual, group or entity, and the rest and residue by the remainder and leftovers less calculating and invidious?

How is it that we have accepted such human detritus as a normal component within our daily lives, such that we even have a special “folder” that is designated for “spam”, where the software mechanism kindly identifies and re-routes such unwanted crumbs into that neatly identified space, so that in the morning we can just click upon the icon next to it that deletes it into a “garbage” can.

In “real life”, is there such neatness?

But that there would be a software mechanism that rerouted all of the annoyances and irrelevancies in life itself, like the spam that is cordoned off, isolated and singularly quarantined so that we never have to actually deal with it.  Wouldn’t that be nice?  A person who you do not want to speak with begins to approach you.  Bam!  He is immediately carted away and placed into an isolation cell.  A problem within the family arises that is distasteful and irritating.  Slam!  It is summarily solved by swiftly being designated as a spam of life.

Symptoms of a medical condition begin to impact your health.  Pause.  Somehow, you cannot always equate the spam of the computer world with the spam of life; not everything can be simply rerouted and discarded, forgotten forever.  It would be nice if such were the ingredients of life, like that in the world of computers; unfortunately, some things have to be dealt with in a different manner, by a differing approach.

For Federal employees and U.S. Postal workers needing to 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 spam of life is the medical condition itself, and despite our desire to have a computer software somehow make it go away like computer spams that try and infect the technological creations of modernity, there is no special manner in which it can neatly be tucked away into a separate folder.

Instead, the spam of life must be dealt with as with all other similar problems in life’s complexities – by careful preparation, fastidious formulation and timely filing of an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, so that other computer spams and unwanted spams of life can be more easily dealt with for a better tomorrow free from the junk mail of a future yet unknown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The problem of inductive reasoning

The difficulties inherent in deriving universal truths from particular observations have been annotated throughout the history of logical analysis, from Hume to Popper, and continue to haunt attempts at scientific certitude.  That probabilities can be imputed, as opposed to arriving at undeniable conclusions, allows for that “wiggle room” which is the hallmark of modern science.

Today, where the intersection and commingling of science, politics and entertainment requires less than rigorous experimental verification, and where drug companies argue for fast-tracking of medications with limited-to-little trials, even of “controlled” ones — inductive reasoning, though unverifiable and certainly wrought with inherent self-compromise, nevertheless compels people to act.

The classic example of having seen only white swans, leading to the general conclusion that there exist only white swans in the entirety of the universe of such species, is merely a convoluted tautology in a world of untrained and unsophisticated populace.

Rigor in argumentation has been decimated; simple Aristotelian logic is no longer taught (leaving aside Bertrand Russell’s 3-volume compendium of advancement in symbolic logic through his work, Principia Mathematica); and instead, we are left with the inane comments and diatribes on Facebook and other chatter which camouflages for intellectual discussions (where are the Buckleys and the Hitchens of the world when we needed them?  Or is it that aristocratic New England accents and British elocutions merely sound of a higher order?), where cyber-bullying has pushed aside the quite reasonings of timid voices.

Of course, deductive reasoning, as well, can be criticized, and has been by insightful corners of cautionary esotericism; for, the question always begins, From whence did the universal statement in such deductive analysis derive?  Were they not, also, from singular arguments based on the particulars of observations?

But more to the point:  For Federal employees and U.S. Postal workers who are preparing one’s Statement of Disability on SF 3112A, it is important to recognized the problem of inductive inference, and not to engage beyond the factual basis of the medical reports relied upon and conclusions derived.

Be careful not to make vast generalizations and presume conclusions not referenced in the medical documentation attached; for, in preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, to be submitted to the U.S. Office of Personnel Management, it is always important to stick to the relevant particulars of one’s case, and not get sidetracked into making unverifiable conclusions beyond the confining realms of logical validity.

Otherwise, you might be called upon to defend against Hume’s systematic dismantling of the soundness of inductive reasoning.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: The Causal Contingency

If X, then Y; but the problem is that most of us want to skip over the predicated contingency, and move directly to the conclusion without the necessary and sufficient satisfaction of attending to the prerequisite of X.  The consequences of such inaction, or impatience in order to achieve the end-goal, is that when the subversive act of avoidance and disregard results in the inevitable and disastrous compulsion of causal catastrophe, we then attempt to “make up” for “lost time”, and quickly engage in band-aid devices to try and rectify the original misdeed.

Some things in life just don’t work that way; in fact, despite the insistence by millennials that longterm foundations don’t matter (either because the gods are dead, life is absurd, or self-centeredness will get us through the day), it is the artisan and the craftsman who, when the technological innovations and newfangled fads whisper into the fading glow of yesterday’s moonshine, retains the longevity of sustenance and substantive accord.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact and prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the inclination is to panic, to rush around like a chicken with its head lopped off by a prowling owl of the dawn skies, and to quickly formulate a Federal Disability Retirement application and submit it through one’s own Human Resource Office (if still with the Federal agency or the U.S. Postal Service or, if separated but not more than 31 days thereafter) or directly to the U.S. Office of Personnel Management (if separated for more than 31 days but not more than 1 year after the separation or termination date).  But the operative word in such a scenario is ensconced in the term, “prepare”.

To achieve an effective Federal Disability Retirement application outcome, one must prepare, formulate and file for OPM Disability Retirement benefits.  To jump over the “preparation” part, and to merely formulate and file, results in the disastrous outcome foreseeable and foreseen.  Just ask Jack, who still reels from the burn marks as he tried to jump over the candlestick.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Delaying the Inevitable

Projection of future events, anticipation of coming circumstances, and rumination upon conflicts yet to occur; these are very human experiences beyond mere base anxieties.  Other primates may recognize and prepare to react to events about to develop, but the wide spectrum of time between the current state of affairs, and the projected future event, is perhaps the most telling factor in differentiating the complexity of human beings from other animals.

It is precisely because of this capacity to foretell, and thereby choose to forego, that we often allow for troubles to exponentially quantify, despite out own self-knowledge as to what is in our own best interests.  Perhaps that, too, is a telltale sign of complexity:  the ability to do that which is against one’s own egocentric universe.

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 positional duties, the recognition that current circumstances cannot last forever, or even for very much longer, occurs fairly early on.

Is it the fear of actually acknowledging the truth of the inevitable?  Or, perhaps, merely a prayerful hope that things will change, that the next doctor’s visit will further enlighten, or that the medication prescribed, the surgery noted, and the therapy scheduled, will somehow improve such that one can continue to perform the essential elements of one’s Federal or Postal job?

Medical conditions, however, have a blunt and honest way of informing; it is not like a whisper or a winter’s cold which nags for a few days; the former can be clarified by asking to speak louder; the latter can be attended to by rest and a generous infusion of liquids.  But a medical condition?  It is that stressor in life where, despite out best efforts to ignore or wish away, the reality of its existence portends of our vulnerability and our fragile nature.

Preparing, formulating and 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, is often the next, and inevitable step, towards securing a better tomorrow.  It is that “tomorrow” which cannot be delayed for too long, and despite the greater nature of our souls in hoping for a brighter future, the truth is that delaying the inevitable does nothing to stop the rotation of the earth on its axis; it merely fools the fool who foolishly fails to fully follow the path away from folly.

Sincerely,

Robert R. McGill, Esquire