Medical Retirement Benefits for US Government Employees: The Fears We Hide

Have you ever observed other species — cats, dogs, squirrels, rabbits, etc.?

They don’t try and hide their fears.  We, as a species, try all of the time; and whether we are successful or not, it is the “trying” which makes us unique.  For, why would it be necessary, in a perfect world, to try and hide our fears?

Fear is in response to something which is fearful — a circumstance; a developing situation; a prognostication of events unfolding; of an impending force or figure which may potentially do us harm, etc.  Human beings, however, engage in much foolishness — of “appearing” this way or that to some other individual or group; of “saving face”; of trying to act “as if”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the fears we hide are of many: How will it impact my ability to perform my job?  How will my Federal Agency or the Postal Service react when they find out?  What will my future look like? How will I be able to survive?

Contact a FERS Disability Lawyer who specializes in Federal OPM Disability Retirement Law and see whether or not the fears we hide are real or imagined.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Civilian Federal Employees: Surprises

Surprise is the result of being unaware, of not anticipating a known future event, or failing to recognize the telltale signs of an impending occurrence.

In the end, it is often based upon ignorance.  The term “ignorance” is considered a pejorative term — one of judgment, lesser value and of stupidity.  Yet, the root word is “to ignore” — that is, of having the capability of knowledge but deliberative and purposefully taking steps not to acquire such knowledge or — perhaps even worse — not caring enough to learn.

Surprises in law often occur as a result of lack of preparation or failing to anticipate legal hurdles left unaddressed.

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, surprises down the turnpike of engagement with the U.S. Office of Personnel Management can become a regular and unpleasant occurrence.

Limit the surprises and contain them; preempt them; anticipate them.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and avoid the landmines of defeat by anticipating the roadblocks of surprises.

Sincerely,

Robert R. McGill, Esquire

 

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 Disability Retirement Benefits: The Uncommon Step

Thinking” is an activity which is presumed to be common within our species, but uncommon among others.  Procreation and the mechanical aspects involved are considered “common” for all species, yet in each instance is generally considered to be unique and uncommon, which is perhaps why we seek privacy when engaging in such acts.

Similarly, other acts which are common enough — of using the bathroom, taking a bath, hugging a dog, brushing one’s teeth — all common enough, and yet somehow we prefer a semblance of cloaked seclusion instead of the open display like holiday window dressings to attract customers.  Does shame play a part in modernity, anymore?

Where movies once refused to reveal to the public the uncommon proclivities of everyday lives, they now saturate and justify the prurient as mere fetishes more common than acknowledged.  Is that why shame is no longer a characteristic of culture’s understudy?  Is the human blush extinct because the common that once was subsumed within the privacy of daily lives has become so uncommonly common such that we no longer need the privacy of cloaked seclusion in order to feel such common tinges of regret?  And what about that uncommon step of admitting to one’s self that the human condition requires something beyond the common course of action?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for continuation in one’s Federal or Postal job, taking the uncommon step of preparing and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management is often likened to an admission that one’s Federal or Postal career is over.

Perhaps there is even a sense of “shame” or “remorse” — of how things might have been or wishful thoughts of regret.  Never let the uncommon step stop you from doing what is necessary; for, in the end, foolishness is the refusal to take the uncommon step when commonsense dictates that the uncommon step is the path towards a more common existence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Problem with Familiarity

“Familiarity breeds contempt” — was the unspoken rule within the military class which built a wall between officers and enlisted, supervisors and subordinates, bosses and workers, etc.  Why is that?  Is it because, beneath the veneer of superiority, we all know that we’re no better than others, and once the imperfections cleverly concealed are unraveled for others to witness, the scoffing laughter and the smirking undertone will openly splatter with a defiance of disdain?

Familiarity, over time, likewise brings us to take things for granted — of the monotony of everyday rhythms, that what we experienced yesterday will similarly occur today; that the sun will rise tomorrow with perhaps a cloudy interlude that hides the radiance of a clear sky for a brief respite, but knowing that regularity will return with a force of continuity.

What does it mean to “take X for granted”?  Whether of people, events, objects, pets or circumstances, it is how we approach things — whether with a freshness of purpose or an old rag of expectations.  What did we do differently “before’ the problem of familiarity?  Did we bring flowers every day to win the heart of a loved one — only to later expect that, well, since the heart has already been won, why waste the money upon such frivolities?  Does familiarity lessen the fervency of love, or does “commitment” undermine the urgency of conquest?

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 problem with familiarity is that the basis of constancy breeds not contempt, but comfort.  It is “comfortable” to stay where you are — despite the harassment, the adversity and the problems inherent in remaining; nevertheless, that which is “known” is preferable to the unknown.

Becoming a Federal Disability Annuitant may be a scary thought, but a necessary next step.  Taking that first step is to break away from familiarity, and that is where the problem lies — of stepping into the abyss of the unknown.  To smooth the pathway away from the road of familiarity, think of Robert Frost’s poem and consult with an attorney who specializes in Federal Disability Retirement Law.  It might make all the difference in your life.

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

 

Federal & Postal Disability Retirement from OPM: Departures

How one leaves is often important — not just subjectively, but encompassing consequences and reverberations unanticipated.  Consider the ultimate departure — of leaving a Will or not.  One might counter that, Well, what difference does it make; I won’t be there to witness what happens after I am gone; and, in any event, who cares if they fight over what little possessions I leave.  “I won’t be there, anyway.”  But your memories will; the memory of who you were and the aftertaste of a legacy left behind.

Then, there are the mundane departures — of the daily goodbyes to go to work; of leaving work to come home; of a trip on trains, planes and cars; or just a trip to the local store while that loyal dog awaits your arrival back home.

For Federal employees and U.S. Postal workers who are preparing 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 question of how a “departure” is characterized in the meantime may have some not-so-insignificant impact upon a Federal Disability Retirement application down the proverbial road.

Resignation may be necessary — say, in order to access one’s TSP in order to survive the lengthy administrative process of awaiting a decision by the U.S. Office of Personnel Management; or perhaps simply wanting a “clean break” before, during or after filing for Federal Disability Retirement benefits. Or, the departure may take the form of a termination or an administrative separation initiated by the Federal Agency or the U.S. Postal Service, in which case one may argue the Bruner Presumption in favor of one’s Federal Disability Retirement application.

These are all important and relevant considerations in preparing, formulating and filing an effective Federal Disability Retirement application, where departures —like one’s Last Will and Testament — may have some relevance in the fight which ensues in the aftermath of one’s absence.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: Ends and beginnings

It is the linear manner in which we perceive the world; of straight lines as opposed to circular figures; of two points or perhaps three, then again lines of intersection and connecting the dots, instead of arcs that waver and detour beyond the directional certainty of point A to Point B and beyond.  “Ends” we recognize by the symphony that crescendos and the credits that scroll down and display the accomplishments unto the “Assistant to the Assistant director of Operational Assistants”; or, at least when the black screen declares, “The End”.

And of beginnings?  Other than the first breath taken, the consummation of love’s forlorn initial encounters and the memories of childhoods harkening back to hazy summer evenings that may be real or mixed with what was told about you when you were young; perhaps beginnings can never be ascertained with as much certainty as the endings that suddenly come upon us.

We tend to bifurcate our lives with straight and intersecting lines; “Here is when X happened”; “Over there, that is when Y began.”

For Federal employees and U.S. Postal workers who began their careers with the hopes and dreams of all who enter the workforce, full of vigor and enthusiasm, coopted by the “mission of the agency” or the team spirit reinforced by the accolades given in performance reviews, bonuses granted and promotions within sight of tomorrow – the slow deterioration of a medical condition can come to one’s realization as a devastating recognition that an “end” is coming, without the concomitant accompaniment of the clear “beginning” to follow.

Where does something “end”, and something else “begin”?

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management because the Federal or Postal employee is no longer able to perform one or more of the essential elements of the Federal or Postal position is indeed an “end” of sorts, but it must also be viewed as an important “beginning”.

It is the beginning of attending to the priorities of life; of starting to focus upon one’s health and well-being; of recognizing that others at the Federal agency or the Postal service have seen the “end” of your career.

Yet, perspectives matter, and how we view things do make a difference, and it is the “beginnings” that come after the “end” that matters.  For, the “Assistant to the Assistant director of Operational Assistants” hopefully did not end his or her career with that final credit noted at the end of that B-rated movie; hopefully, he became the director of Operational Assistants, or perhaps the director himself or herself.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement under FERS & CSRS: The distant bark

A lone dog barks in the distance.  We cannot determine where, or even from what direction, but the echo of wailing, sometimes of whimpering, reverberates like a mist in the early morning that quietly pervades but can never be grasped.  Perhaps it persists, and we leave the safety of our own home in search of the cry, as the forlorn sounds made wavers between a spectrum of hurt, pain, loneliness or urgency of need; no matter the reason, the bark is desperate.

We begin the journey in one direction, but suddenly the winds of voices heard shifts, and we believe it may be coming from a completely different direction.  We shift course and walk in the exact opposite direction. The barking continues, now with greater tones of reverberating alarm, drifting from over there, somewhere out there, never to be determined.  The barking stops.  You pause, listen; but only the quietude of the midnight air breaks the stillness of the echo that now sounds within one’s imagination.

You begin to doubt yourself; was it my own fears, my own fantasy?  Did the sound ever break upon the dawn of objective reality, or was it something that originated from deep within my own needs and wants?  You go home.  Then, a few minutes later, after turning off the lights and drifting off into the slumber of night’s call, a lone dog barks in the distance.

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 the Federal or Postal job, that Federal or Postal employee is the distant bark, and the help that never arrives reflects the situation that so often describes the events that unfold.  Federal Disability Retirement, as the analogy may be stretched, is the person who reaches out to try and find the source of the barking.  Failing to file for Federal Disability Retirement benefits is the metaphor where the searching man and the barking dog never meet.

Federal Disability Retirement is not just another “benefit” or a “give-away”; rather, it is part of the employment package that the Federal or Postal worker signed on to, and once obtained, allows for the Federal or Postal worker who is on disability retirement to pursue other careers and vocations, and more importantly, to focus upon regaining one’s health in the process by being separated from the work that has become problematic in the meantime.

And like the lone dog that barks in the distance, the Federal or Postal employee who fails to take the next step by not preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, will end up like the dog that wails pitifully deep into the recesses of midnight regrets.

Sincerely,

Robert R. McGill, Esquire