FERS Disability Retirement Law: The Great Lesson

Once upon a time, people went through experiences without the need to put them to some greater advantage.

Stories abound of WWI and WWII veterans who earned medals for bravery — even the Medal of Honor — and never mentioned it to anyone, until some grandchild wandering up into Grandpa’s attic found a shiny ornament in some dusty old chest, brought it down and asked the old man, “What is this?”  Or, of the Olympic Gold Medalist who similarly went to work, got married and lived a “normal”, unassuming life without make a big todo about his or her accomplishment of being the top athlete in a chosen field.

Nowadays, everyone who experiences anything has to turn it into The Great Lesson.  It becomes an awakening; a springboard to some Eureka moment that propels the person into a higher purpose, a metaphysical transcendence to attaining a greater consciousness, and then to become a corporate motivational speaker who has some profound insight into life, its misgivings and that “Great Lesson” that was allegedly learned from some traumatic experience or other.

The reality is that, the greater lesson beyond any “great lesson” is that the experience itself — whatever it is — is not the hard part; the hard part is to go beyond that experience, and to continue to live a quiet, productive life without trying to sell to everyone how “The Great Lesson” lead you to profound, metaphysical insights which corporate motivational speakers can charge an arm and a leg to hear about.

For Federal employees and U.S. Postal workers who suffer from a disabling 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 Great Lesson of a medical condition is quite simple, and will not get you to some metaphysical consciousness beyond the simplicity of the lesson itself:  Get a Federal Disability Retirement annuity, and begin to focus upon the priority of your health.

There — that’s all there is to it.  Of course, maybe you can package it into some extended motivational speech and make up to 80% of what your former Federal job pays today, so that you can WOW them with some transcendental meditational speech and charge them that arm and a leg, but only after you have regained your health.

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 Application: Dignity

What is it?  Is it something bestowed upon others, or that which is possessed by oneself?  Is it earned, or naturally and inherently born with?  Is there anything we must do in order to retain it, or will it always remain regardless of our action, inaction or irreverence towards it?

Is dignity a natural state of being, or is it like a cloak — the outer covering of ourselves, somewhat like the skin we live in — which can be lost over a period of misuse, abuse or neglect?  Can we apportion it, give part to someone else, have too much of it, or can it even be quantified?  Do we, in modernity, even care about preserving it, or do we just barrel through life nowadays without a care in the world?

What does it even mean, anymore, to say of someone, “He/she is a very dignified person”?  Or: “She carries herself with great dignity.”

Concepts and meanings change over time; read a play by Shakespeare without an “updated” modernization of the language used, and you will be constantly reading the footnotes to even understand the dialogue of that time.  Over time, the meaning of words evolve; “dignity” is a word rarely used in modernity, as the public display of countless indignities are exponentially multiplied on social media, where that lost concept is likely unrecoverable.

For Federal employees and Postal workers who suffer from a medical condition such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, maintaining one’s dignity in the face of a progressively debilitating medical condition is often fraught with futility.

Contact a Federal attorney who specializes in Federal Disability Retirement Law and see whether or not preparing, formulating and filing an effective Federal or Postal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, may extend that age-old concept of both a dignified exit, as well as a future filled with an intact semblance of dignity defined.

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 Disability Retirement Law: Not Knowing

Not knowing is not the same as not wanting to know; and, moreover, it is distinct from knowing but ignoring the knowledge and refusing to make the connections necessary and easily recognizable, and perhaps even claiming to not know.

Finding a wad of hundred-dollar bills on the sidewalk, picking it up and pocketing it, then claiming to not know how it got there, may be a justified position to assume — unless, of course, you saw who dropped it but failed to act upon it.  What if you saw who dropped it, didn’t know who the person was, and didn’t try and catch the person before the person left?  Does it make a difference?

Not knowing and claiming to not know are two different things.  In law, however, whether you did not know or were not informed in order to know, is a distinction without a difference.  The phrase, “Ignorance of the law is no excuse” is generally applicable, and in Federal Disability Retirement Law, it applies strictly.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that you may be entitled to Federal Disability Retirement benefits, contact an experienced lawyer who knows the Law so that not knowing the law will not prejudice 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 Medical Retirement under FERS: The Seriousness of Life

It is because of the seriousness that too many fall quickly into frivolous living; for, it is the distraction which allows for the capacity to tolerate; otherwise, the burdens of daily living would overwhelm us all.

The entertainment industry manipulates us because of it; the harsh realities of daily living compel us to avoid the burdens and responsibilities; the ease of rational justification for which human beings are especially noted for, provides us with the necessary allowances.

The seriousness of life — look at the animal kingdom, of even the suburban enclave of pigeons, squirrels, cardinals, sparrows, rabbits, etc. — in the dead of winter, there is little joy or entertaining distractions; merely, the seriousness of life, of trying to forage just to survive.

The poignancy of such seriousness is magnified, quantified and exponentially enlarged in scope, when a medical condition impacts our lives.  Then, there is very little room for error.  We become limited.  We become paralyzed.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or her chosen Federal or Postal career, the seriousness of life is but a lone lightbulb dangling from the ceiling — illuminating the limited choices available.

Consider filing for Federal Disability Retirement under FERS, through the U.S. Office of Personnel Management.

Contact an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, and proceed with caution as with all steps acknowledging the seriousness of 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: The Difficult Case

Is there one that is not?  Each case, with inherently unique facts and circumstances, presents difficulties because that is the way “the law” is set up: Multiple issues, each complex in their own application of the law, where the legal criteria must be scrupulously met in order to qualify for OPM Disability Retirement benefits.

The “showing” in order to meet the requirements of being eligible for Federal Disability Retirement benefits must encompass the facts, establish the nexus to the medical documentation, must meet the legal criteria covering each and every aspect of all of the issues critical to success: of the minimum eligibility requirements; of showing an inability to perform one or more of the essential elements of the position; of passing the “accommodations” test under Bracey; of showing that you could not have been reassigned; of rebutting any prior assertions by the agency that you have already been “accommodated”; of making OPM understand the technical and legal definition of “accommodation” — and an endless stream of legal minutiae which must be met at every turn.

The “difficult case”?  There is no such thing as an easy case, and for Federal and Postal workers who want to begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management, it is best to accept the basic fact that each case will involve a fight, as all of life is a constant struggle where the goal is worth something.

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 for FERS employees: Poetry and Prose

The objective world reflects the insular mind; and though we expend less and less energy in modernity to engage with the former, the latter nevertheless continues to reflect the former.

Poetry is to the objective world as the morning’s dawn allows for clarity of thought.  The scent of a rose; the first snowflake; a rainbow after a thunderstorm — these and more represent the poetry of the objective world.

Prose is the rest of life — of the long and sluggish days in work and solving problems; of slogging through an especially difficult time; of marriage, family, and merely living life, for endurance and making it through the day represents the lengthy prose of paragraph after paragraph, page after page.

Then, there may be a short interlude — a line of poetry, a happy smile, a child being born, a light-hearted moment.  But then the prose of life comes roaring back, as the daily struggles overwhelm us like the darkening clouds of summer rains.

For Federal employees and U.S. Postal workers who struggle with a medical condition such that the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job — has the prose of life extinguished any poetry left?

Contact an OPM Medical Lawyer who specializes in Federal Employee Disability Retirement, and let some stream of poetic light enter back into the lifetime of prose’s deficient enamor.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Sufficiency

There is always a measure of subjectivity involved, of course.  Following the Council of Trent, the issues which prevailed as a response to the Protestant Reformation involved Church doctrine and clarifications needed concerning issues involving “sufficiency” of grace, whether the human will could engage in acts of the “Good” without it, and so many other interesting minutiae of proper wording which is now irrelevant in this postmodern era.

What is sufficient; what qualitative or quantitative determinations meet that criteria; is there an objective set of rules and regulations requiring sufficiency, and how is it determined to have been met?

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, “sufficiency” of information is a critical criteria to be met in every Federal Disability Retirement case.

There has been no “Council of Trent” to clarify what would meet the U.S. Office of Personnel Management’s criteria for what constitutes sufficiency of medical and other information; although, there have certainly been many “edicts” issued, both by OPM and the Federal Courts, as well as by the U.S. Merit Systems Protection Board (the “MSPB”).

What is sufficient; how is it determined; who decides on the issue; what can be done to meet the criteria — these are all questions which can differ from case-to-case because of the inherent uniqueness of each case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement benefits and avoid the proclamations issued concerning heresies and violations of doctrinal clarifications, whether by the Council of Trent or by the U.S. Office of Personnel Management.

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 Employees Retirement System (FERS) Disability Law: How We See Ourselves

Disturbing studies keep seeping out from these technological times of unfettered advancement: Of kids having greater anxiety, being placed on medications at earlier and earlier ages; of technology — Facebook, Instagram and other “Social Media” outlets — contributing to how we see ourselves.

In a predominantly agrarian society — of which we were until after WWI (the Great War to end all wars — how did that work for us?) — with no technological connection between towns, cities, and even families, how we saw ourselves differed drastically than in the modern era.

We did not compare ourselves to total strangers.  We did not snap images of ourselves constantly and obsessively.  We did not view pictures of ourselves, nor had the capacity to alter, modify, “improve” or otherwise change the way we were reflected.  In fact, the grainy images of black-and-white photographs barely captured the outer shell of who we are.

So, how did we see ourselves “back then”?  We didn’t.  Instead, the focus was outward — towards the objective world we had to maneuver through in order to survive.

In modernity, the focus has shifted inward — within the universe of words, language, thoughts, images, and the aggregation of an insular world.  This shift is important to recognize, for we have to counterbalance the overemphasis upon how we see ourselves.

For Federal employees and U.S. Postal workers who are suffering 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, How We See Ourselves is important in light of the devastating impact that the loss of one’s career and instability of one’s future is looked upon.

Greater stress and anxiety likely dominates.  The insular and the objective feed upon each other and trigger greater difficulties.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of taking a greater balanced view of How We See Ourselves by prioritizing your health, and therefore, your future.

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 & Postal Worker Disability Retirement: The Patchwork Approach

It has come to be a sought-after item, often referred to as artistic and creative.  Like antiques which were once merely furniture used and other items daily utilized by others long ago, the patchwork quilt, blanket and other textile items put together from different fabrics and pieces from worn-out castaways — the remade product was an attempt to salvage the best of the worst, then put those sections together to make something new from the old.

Such an approach has also been applied in other disciplines and subjects — even in Federal or Postal Disability Retirement applications.  The Patchwork Approach is to put together whatever seems helpful, without any overriding conceptual umbrella or legal theory, approach, paradigm, etc., then sending it off to the U.S. Office of Personnel Management — somewhat akin to the “shotgun approach”.

But is that the best way to prepare an effective Federal Disability Retirement application under FERS?  Or, is the better approach to retain an attorney who specializes in Federal Disability Retirement Law and present a cogent, coherent and well-argued case, and to leave the patchwork approach for quaint Amish blankets?

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 Disability for Federal & Postal Employees: Once Known, Now…

Writers and other artists populate that field — of being once known, mostly during their lifetime; if lucky, for a period of time thereafter, but now….

The ellipsis is meant to convey the idea of the opposite — that a person once known, but now is unknown; has shrunk back into the arena of anonymity; of having been once famous, or at least “well-known”, but upon death, has now passed among those who, like most of us, barely require an honorable mention, let alone a footnote in history; and, instead, like so many graveyards long forgotten and buried beneath the crawling summers of weeds and the drifting beauty of dandelions’ dispersing seeds, once known, now….

For example — Carlos Baker; who was he?; who remembers him?  He wrote the definitive biography on Ernest Hemingway, and was himself an accomplished short story writer, poet, and well-known during his time.  Most of us would like to have had even a fraction of the reputation and popularity he enjoyed during his lifetime; but in the end, we all return to the dust from whence we came.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the prospect of returning to total anonymity may be a falsely-motivating element in trying to continue and to “fight on”.

Health should be the top priority.  Yes, once you receive an approval for your Federal Disability Retirement, you will no longer be known as “Tom the X, Sally the expert-on-Y, or Julian who is V”; but you will begin to get your health back.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and fear not the loss of a footnote where you were once known, and now…

Sincerely,

Robert R. McGill, Lawyer
Federal Disability Retirement Attorney