Tag Archives: fers disability retirement blue book and guidelines

Postal and Federal Employee Disability Benefits: Trying Out New Things

Or approaches.  Or new ideas.  Is there ever anything wrong with that?

This is America — or so we like to say — the land of pioneers and the breed of explorers and entrepreneurs who reflect the “New World” approach to everything: stamp out the old, bring in the new.  But at what cost?

That is, of course, the essence of the debate:  Of whether there is justification, moral or otherwise, to allow for the “new” to replace the “old”.  And, what if the “new” is merely a short-term fancy which has never been tried and tested?

We are doing much of that these days — of subjecting everyone to Smartphones and Internet-based learning, without any data regarding the long-term effects of such approaches; of non-judgmental therapeutic methods which fail to hold people accountable for their actions; and, somehow, we have bought into the idea that “new” is a synonym for “good”.

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, trying out the “new thing” called Federal Disability Retirement is not really anything new; rather, it may be a newly-acquired consideration prompted by your medical condition and the need for change, but the reality is that there is a long and tested body of law which will determine whether or not you are eligible for Federal Disability Retirement benefits.

It is “old” in the sense that it has been around for a long time, but “new” to you because you may not have needed to consider it until lately.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and begin the process of trying out this “new” thing, which is actually an “old” thing, but in trying it out, has become entirely new to you.

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: Painting The Picture

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, under FERS, the image which must be considered is the following:  There is a wall.  That “wall” represents the U.S. Office of Personnel Management — the Federal Agency which makes a determination on all Federal Disability Retirement applications.

On the left side of the wall is an unidentified entity called, “Difficult”.  On the right side of the wall is another unidentified entity entitled, “Can’t”.  If you are on the left side of the wall, have you climbed over onto the right side of the wall?

Thus, for those Federal or Postal employees who are still working at their jobs, but who say things like, “I’m having a hard time doing my job”, or, “It is becoming more and more difficult going to work”, etc. — contact an OPM Disability Retirement Attorney, that is, a lawyer who specializes in Federal Disability Retirement Law, and discuss the steps which must be taken in order to climb the wall of OPM from the left side, to the right.

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: Parting With Our Former Selves

Perhaps that is the issue which often prevents a Federal or Postal employee from filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management — of parting with, or from, one’s former self.

For, clearly, a proverbial “fork in the road” occurred — of a recognition that one’s medical condition has impacted the ability, capacity and potentiality for continuing to work in one’s Federal or Postal career; but the image of one’s former self (before the impact of one’s medical condition) still continues to prevail, to dominate, to remain in prominent presence — to haunt.

What one was; the self-reflective confluence of that competent, self-assured individual who once was able to do almost anything.  Our former selves must face the reality of who we are today; and today is not a permanent fixture of what may bring about tomorrow.

Contact an OPM Attorney who specializes in Federal Disability Retirement benefits from the U.S. Office of Personnel Management, and begin the process of letting go of, and parting from, out former selves.

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.

 

Federal and Postal Worker Medical Retirement: The Retreat of Solace

Everyone, without exception, must find that slice of heaven — that retreat of solace.  Whether it is found in reading; in a hobby; a dog to cuddle with; children, for a time, at least; kite flying; stamp collection; even video games????

Life is difficult.  As Hobbes would put it, the “life of man, solitary, poor, nasty, brutish and short…”.  Has it changed much?  Certainly, some progress has been made.

Reading history, especially about the frontier days in late 18th Century and early 19th Century America — of the constant warring, torture and killings; yet, despite a more “civilized” world (minus Afghanistan and Chicago), life is hard and the retreat of solace is an important element to discover, preserve and protect.

Some find it merely in the lost world of fiction and the novel; others, in more physical activities — a friendly pick-up game of basketball; a weekend round of golf; a solitary walk in the woods.  Whether refreshing one’s insular universe by means of physical exercise of the body, or allowing for a respite of that private world escaping into a fantasy world, the means of such change of scenery depends upon the personality of the individual.

What happens when a medical condition interrupts that retreat of solace?  The insidiousness of chronic pain or constant anxiety makes for the retreat of solace to become untenable, precisely because a temporary escape from this hard reality called “living” is no longer possible.

Filing for Federal Disability Retirement benefits allows for the Federal or Postal worker to attain a future security in order to regain the retreat of solace.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and begin the process of reasserting the lost ground of the retreat of solace.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: The Unknown of Which We Fear

In childhood, it is the unknown of which we fear; for, we hear the words and sounds around us, the events in other countries of riots, wars and ravages but are too young to place them in the context of our lives.  There is too much information for the youth of today; information that cannot be contextualized or processed without a properly delineated perspective; and so the fears and anxieties become magnified as there are no longer any “age-appropriate” zones of safety.  But that childhood fears were merely relegated to the fear of darkness; that would yet show an innocence that prevails, and understandably so.

In modernity, darkness is the least of a child’s fears; it is the greater world of light that perpetuates the haunting aspects of daily living.  Whether in past years or in the present, it is always the unknown of which we fear — the unknown future, the unknown risks of today; the unknown past that may come to haunt us.

For the Federal or Postal employee who suffers 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, it is still yet the unknown of which we fear — of the future yet to be decided.  Consult with an attorney who specializes in Federal Disability Retirement Law and see if some of that unknown of which you fear may be unraveled in the proper preparation and submission of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Attorney

   

Medical Retirement for Federal Employees: A breach of instinct

What if? that fragile balance that exists in nature, seen when squirrels scrounge about in search of roots and nuts, moving within the tranquil space besides cardinals, woodpeckers, rabbits and robins abounding when, suddenly, birds attack the rabbits and squirrels, and in turn, the rabbits and squirrels chase one another and attempt to catch and devour the birds, and the mayhem that follows goes on for an unceasing eternity.

Of course, such a scene is not “nature” in its nakedness, but a scene from a suburban backyard, whereas in the true “state of nature”, in the distant woodlands not easily traversed by the human eye (are there such places, anymore?), such scenes of predatory confrontation held by a tentative and tacit agreement of abeyance may occur daily. Or, in those National Geographic scenes, where there is a quietude of implied ceasefire in birds standing atop the backs of hippos and rhinos pecking away calmly at whatever delectable insects abound, and their sturdy underlings happily go about their business – what if, suddenly, the hippo or rhino turns around and with a swift lunge of its massive neck, grabs that bird and devours it whole?

Was there a breach of an implied or tacit agreement, a breach of instinct, or both? When such “agreements” develop within a slow, steady and evolutionary process, over a period of time imperceptible but for the peace and tranquility it creates, and everyone is perfectly content with the circumstances ensconced by tradition and the state of current affairs, what leads to the breach, what are the consequences and is there blame to be spread about?

What if a rogue animal one day just declares to itself, “The hell with this; I was never a party to this agreement, and so I shall do as I please” – what then? Is it not true that no true “breach” has been committed, as the parties were never official signatories to the agreement, explicit, implicit, tacit or otherwise? Who determines that there ever existed such an agreement, anyway, and where is it written in the “rules of order” that certain sequence of decorum must be followed?

That is, of course, the crux of the matter; for, what is the retort of those who have no ethical or moral compass, but to sneer with the declarative, “Show me where it is written!”

For Federal employees and U.S. Postal workers who are preparing to file for Federal Disability Retirement benefits because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, the presumption is that tacit or implied standards of conduct is often tested at the outset, both by the Federal agency or Postal Service, and even by OPM.

You rely upon the rules, but the Agency may completely ignore them. If you are a Postal employee, this is to be expected.

Yes, there are laws, but so long as silence governs the assertion of rights denied, a breach of instinct becomes the rule of law and the depiction by Locke and Rousseau of that “State of Nature” devolving into a “State of War” can become a contentious state of affairs unless, in the very process of preparing, formulating and filing for Federal Disability Retirement benefits, the Federal or Postal Disability Retirement applicant asserts the legal precedents controlling and constraining the fragile balance that restrains a breach of instinct.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Problematic Loss of Confidence

Confidence is an ethereal character trait; in some ways, it is self-perpetuating, as success relies upon it, and feeds it, which in turn reinforces any lack thereof.  At once fleeting but full, the loss of it can be devastating.

For some, a mere look of doubt or suspicion from others can undermine the fullness of possession one may have had of it just a moment before; for others, whether lack of competence or never having had any reason for possession of it appears to matter not, and like self-esteem in the generation of modernity and “me”, a complete void of accomplishments seems not to overturn those who accumulate an abundance of it.  But weakness or negation from outside sources can be the final straw in undermining that sensitive sense of self, and a medical condition which attacks the body, mind and psyche of an individual can be devastating.

Thus, when the Federal or Postal employee who has confidently strode throughout a long and satisfying career, whose performance has raised eyebrows of accolades beyond mere efforts of competence, and where performance reviews have always included adjectives and superlatives searched out beyond mere templates previously applied with thoughtless automation, the introduction of a medical condition into the life of such a Federal or Postal employee can be like the Martian Chronicles revealing the strangeness of alien cultures clashing in a battle of titans heard beyond the roar of civilizations long lost and forgotten.

Federal employees and U.S. Postal workers who struggle with this, resist the necessity of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, precisely because the disbelief is overwhelming that, somehow, this loss of what was once taken for granted, could possibly be.  But as “possibility” includes the building of concrete structures in thin air, whereas “probability” involves the hard computation of one’s life and “reality-living” in a harsh and uncaring universe, so the Federal or Postal employee must take into account that past foundations of accomplishments may not uphold the confidence once shared and held by a Federal agency or the U.S. Postal Service.

Confidence, indeed, is like the golden dust sprinkled sparingly by the fluttering angels of yesteryear; and today is a dawn of dying expectations, where the harsh realities of a medical condition must be faced with a freshness of purpose, reserved for that fight which may require one’s presence on a day in future pasts, unforseen and as of yet unfought.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Game of Calumny

If not one’s reputation, what is the remaining value?  If truth is not a goal, then what fills the void?  Yes, from ashes to ashes, and back to dust, and the elements which make up man are constituted by nothing unique beyond the environment from which he originates, and to which he returns; but the linguistic act of reductionism fails to achieve a full embrace, and just like the defensive football player who hesitates for a moment and sees the blur of the ball carrier speed past, so the aftertaste of materialistic reductionism is somehow unsatisfying.

For, to say that X is “nothing more” than an aggregate of atoms is to characterize a masterpiece as a mere collection of colors, and that is precisely Roger Scruton’s point, isn’t it?  Then, there is the game of calumny, of the capacity to try and strip another through slander and innuendo.  For Federal employees and U.S. Postal workers who suffer from a medical condition, that game by other Federal and Postal employees becomes a daily onslaught.

Somehow, it is not enough that one must suffer from the gods of fate and contend with deteriorating health.  Instead, one must further deal with the sudden isolation into disfavor, like lepers of yore shipped to colonies in deserted islands beyond the reach of virulent populations scared of their own shadows.  Slavery was outlawed decades ago, but the treatment of workers barely has changed.

For Federal employees and U.S. Postal workers who must 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 game of calumny by one’s “fellow” workers is merely another indicator that we are not merely a collected mass of elements to be spat upon, and that is a positive side to man’s inhumanity; but, then, finding out the truth about one’s fellow man is always better than to live in ignorance thinking that one’s Federal agency or the U.S. Postal Service was going to be supportive through thick and thin.

The time of “thin” has arrived, and it is in the thick of things that one must now fight for one’s rights.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement Benefits: Weather and the Prognosis

Prognostication of weather, beyond a day (or sometimes a couple of hours) can be treacherous and self-defeating.  With enhanced computer networks which reevaluate information as it is fed with information concerning patterns of predictability, shifting atmospheric changes and spectrums of barometric alterations; cumulatively, a pie in the face is preferable despite advanced technologies allowing for respectable predictability.

Similarly, the medical field is expected to provide predictions of future events and as-yet unforeseen consequences.  Because medicine is considered a “science”, the level of accuracy is required beyond mere witch’s brew, or the spell of waved wand cast upon an unsuspecting eye.  Thus do doctors engage in percentages and probabilities; of mortality, X-percentage, give or take a few months, based upon studies delineated in some obscure journal presumably respected and hidden in the esoteric towers of ivory bastions.

For Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the requirement for Federal and Postal employees includes information that the medical condition will last a minimum of 12 months (from the date of filing for Federal Disability Retirement).  Persistent and prevalent misinterpretation of this requirement pervades; one often hears the belief that the Federal or Postal employee must be away from work, or otherwise incapacitated, for that period of 12 months before filing.  Nothing could be further from the truth.

The requirement is merely one which denotes a prognosis or prediction, no more than what the medical field can predict and what the weather can portend.  It merely means that a Federal or Postal employee who suffers 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 positional duties, will be so prevented and impacted for a minimum of 12 months.

Any doctor worth his or her salt can provide a prognosis of how long the medical condition will last, and whether or not such a prognosis is as accurate as the 10-day forecast promulgated by weather entities is often irrelevant.  For, in the end, the Federal or Postal employee who suffers from the medical condition and who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, knows in his or her “heart of hearts” how long the medical condition will last, whether it is for a day or a season, or a lifetime of chronicity requiring longterm care and treatment.

As one’s own body, mind and soul rarely mistakes the shifting changes of life, so the weather and prognosis of one’s own health can be established through the experience of pain, agony, and the pounding of deterioration perpetrated upon the vulnerability of a mortal being.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Cost of Character

Being daily denigrated is an expected course of treatment for some; for those who perpetrate it, the sport of demeaning is often thoughtless, reactive, and toxic to the core, and reflects a fundamental void in one’s own life; and for the victim of such caustic characterization, the incremental pounding to one’s ego, self-esteem and capacity for abuse results in diminishment of the identify of worth by small slices of reduced stature.  Such attacks may be overt and direct, while others may be subtle, privately targeted, and intentionally out of the earshot of witnesses.  In both cases, the damage can be devastating.

For Federal employees and U.S. Postal workers who must confront this type of daily abuse in the workplace, the avenues of outlet are complex and varied.  Complaining or filing lawsuits often results in the mere circling of the proverbial wagons around the perpetrators, and suddenly an invisible fence appears where the victim is the “outsider” and the caustic character the one needing protection.

For those Federal or Postal employees who suffer from a medical condition, and who receive the brunt end of such ill treatment because of the medical disability which impacts one’s ability and capacity to perform one or more of the essential elements of one’s positional duties, the need to deal not only with the toxicity of a hostile work environment, but concurrently with the underlying medical conditions, makes for an admixture of overwhelming circumstances.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the best and only course of action left.  For, to stay becomes an untenable option which impacts and further deteriorates one’s medical condition precisely because of the toxicity of the environment; to walk away and do nothing is an act of idiocy, given the years already invested in one’s career; and thus the alternative of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the most enlightened of choices to be made:  It allows for the recuperative period away from a denigrating source of pain, while securing a foundational annuity for one’s financial security and future.

We often talk daftly about “character” and the need to “stick it out” when the “going gets tough”.  But the cost of character is the price paid by the Federal or Postal employee who must withstand the onslaught of a bureaucracy which is faceless and relentless, while at the same time dealing with the deteriorating health administered by a medical condition which will not just go away.  The cost of character means nothing if the essence of one’s worth is not protected, and filing for, and securing, a Federal Disability Retirement annuity is meant to do just that:  pay for the cost, and safeguard the character of worth.

Sincerely,

Robert R. McGill, Esquire