Tag Archives: fers medical inability to perform how long

Federal Disability Retirement: Maintenance of Sanity

Is that what life has become?

One comes into the world with sanity (for most), and the fight throughout one’s life is to try and retain and maintain that semblance of cognitive equilibrium.  We tend to think, in modernity, that there are certain “basic rights” which apply to all human beings — a minimum level of subsistence; that one should be allowed a place to live, some food to eat, etc.

short review of history, however — even on a superficial level — readily and easily reveals that the greater lot of humanity suffered tremendously for centuries untold; that most were either in the peasant or serf class, and the daily struggle just to obtain food for survival constituted the primary focus for most.

Once a system of “middle class” standards were invented, where some leisure time allowed for engagements beyond mere subsistence living, hobbies and pastimes involving entertainment, reading, pleasurable distractions and thoughts involving preludes to abstractions became more and more available to a greater number of people.  To a point where, in modernity, in current times and circumstances, it is less the physical health which most people are concerned with, but rather, the cognitive unhealthiness in a stress-filled society.

Maintenance of sanity has become the mainstay of modern living; focus upon one’s mental health, of greater necessity.

For Federal employees and U.S. Postal Service workers who have struggled and recognized the progressive deterioration of one’s mental/nervous health — of Major Depressive Disorder; PTSD, Uncontrollable panic attacks; Schizophrenia; Bipolar Disorder; etc. — do not let the U.S. Office of Personnel Management fool you into thinking that Mental Disorders are somehow second-class citizens to Physical Ailments; in the law, they are to be treated as co-equals in the validity of evaluating disabling medical conditions.

Contact a Federal Lawyer who specializes in FERS Disability Retirement Law, and begin to initiate the process of preparing, formulating and filing an effective Federal Disability Retirement application under the FERS retirement system, for purposes of the valid maintenance of sanity.

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 Attorney Help: Turning the Proverbial Corner

Hope is what motivates; without it, even a figment of a semblance of it, the energy to continue becomes depleted and dissipated.

Turning the proverbial corner is often that glint of hope — of thinking that one is on the verge of change, alteration, modification, improvement and success.  And when desperation rears its ugly head (yes, another proverb of sorts), any improvement at all becomes a welcomed turn of the page (and again, another proverb we are familiar with).

Chronic medical conditions tend to extend and prolong such causes of hope; of a doctor’s positive attitude, the physical therapist’s “goals to achieve”; or perhaps the nurse’s notation that you are “better” today as opposed to the month before.  But objectively — can this continue until you are eligible for full retirement?

The proverb itself — of turning the corner — may be to file for Federal Disability Retirement benefits under FERS, for the Federal or Postal employee.

Perhaps the “change” to consider is not the medical condition itself, but rather, the job and responsibilities which come with the job — that position which you can no longer perform because of the medical condition itself.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider turning the proverbial corner by preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

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: The Novelty Vanished

As it should be, for a child, everything is viewed in terms of, “Wow!”  The novelty of life, of the experiences brought about by a world freshly encountered — like winter’s first snow or the dawn of spring’s warmth, it is the combined meeting of a world newly seen by the eyes of youth yet untarnished and without the destructive force of cynicism which accounts for curiosity, eagerness, innocence, unvanquished optimism and hopeful initiation of plans for a bright future.

That novelty vanished — and vanquished, extinguished and beaten down — comes from repeated encounters with a world which shows no care or concern.  It is when life’s complications keep knocking us down; that is when the novelty vanished.

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 novelty vanished comes about from a combination of events: The critical juncture where the medical conditions become chronic and restrictive; the Agency’s or the Postal Service’s unsupportive attitude; the steady exhaustion of one’s sick leave; the potential of being put on a Performance Improvement Plan; the likelihood of being terminated; the administrative sanction of being placed on AWOL status; the refusal to allow for LWOP; and it is the combination of any or all of these factors which results in the Federal employee shaking his or her head and saying, “Wow” — but not with a sense of wonderment, but because the novelty has vanished.

It is time to file, then, for Federal Disability Retirement benefits under FERS.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and try and win back that time when the first snow of winter stunned you, the first breeze of spring refreshed, and the world could again be described with a singular encapsulation of a word exclaimed: Wow!

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 Disability Retirement: Of What We Do

It is the pause that a comma compels, a reflective moment which a period forces upon us.  There are times in life when we pause or stop, and we ask ourselves: What is all of this for?  Why are we doing it?  What is the purpose of it all?

At some point in our lives, we became automatons in the pursuit of just maintaining the life which we have chosen.  Throughout, there were multiple proverbial “forks in the road” — After high school, we could have done X instead of Y; after college, A was a choice, but instead we went with B; and each step of the way, we failed to ask the question: Of what we do, what is the purpose and why am I doing it?

And then, beyond the fork of that road which we have chosen, life takes us along a treadmill of which we have no idea where the on/off switch is located.  But there are moments when the pause button suddenly appears, or the period ends the sentence and the last sentence completes the paragraph and we ask: Of What We Do, What is the purpose?  Medical conditions tend to do that.

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 question “Of What We Do” becomes relevant because, in the end, is it worth sacrificing one’s health?

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Constellation of our lives

Of what do we owe to the constellation above; and of their placement, do we wonder whether our lives are impacted therefrom?  The order of the universe — of the date and time when we were born; of a day’s happenstance, of luck or coincidence; do we wonder, or is Darwin the god to whom we bow out conscious lives, forever pursued by the genetic code within but never by the stars beyond?

Shakespeare, of course, made multiple references to the constellation of our lives, as in Hamlet, Act II, Scene 2:

Doubt thou the stars are fire;
Doubt that the sun doth move;
Doubt truth to be a liar;
But never doubt I love.

There are surer things in life; and yet, under which stars we were born, the order of the universe, the rhythm of a cold and impervious reality “out there” — is there a purpose, and does the question ever get answered, or only remain as a query without a response from one generation to the next?

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, it may well be that the constellation of our lives have been re-ordered or misplaced, and that the gods have made sport of the misery that overwhelms.

When such occurrences beset, the trick is to intervene and re-order the re-ordering of the stars, and one way to do that is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to take control of the constellation of our lives, and to not let some fiction of a predetermined “fate” rule over us merely for the amusement of the gods of the underworld.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Goals of abstract purity

Idealism allows for the plethora of such concepts; cynicism born of age and experience quells the exuberance of such vaunted beginnings.

When we were young — no, not the opening lines of a Christopher Robin poem where the hunt for a clove of honey is the day’s goal, but an observation about life’s folly — we harbored principles and moral codes that required strict purity: Success without compromise; life that is perfectly lived; avoidance of mistakes that our parents made; beautiful kids who will exhibit their inherent creativity at every turn, without a wail or disobedient scream of tantrum; and even if such goals of abstract purity never come to fruition, at least there is Instagram in the modern era where we can pretend to have achieved such paradise of ends considered.

Youth pretends to such abstractions; reality tends to soil such purity; and goals formulated at the beginning of life require constant moderation and adaptation to the experience of reality that is encountered throughout.  Such goals of abstract purity are best left in the Ivory Towers of Academia, or in the forgotten memories of childhood dreams.  For, it is reality and the objective world which must be contended with, and not the conceptual paradigms that make up the dreams and fantasies of our former selves.  In the end, grownups don’t have time to waste upon the goals of abstract purity because life is too challenging and reality too stark.

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 position, the Goals of Abstract Purity should be replaced with the Ends of Realistic Objectivity: Of continuing with the Postal Service or Federal Agency only to the extent that one’s health will allow, and to begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

And what of those former Goals of Abstract Purity?  You should place them upon the heap of memories that allowed for youthful folly, and realize that one’s health is the ultimate goal of purity — and it is no longer a mere abstraction, but a reality that must be faced.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The waiting room

We have all experienced the psychology of the cursed “waiting room” — that place which is assigned as the “intermediate” lull, like purgatory for the virtuous-to-be, where they think that by making you believe that you have now been chosen to wait in a separately sequestered area, your patience will become refreshed and you will allow for another lengthy wait.  The psychologists have it all figured out, don’t they?

First, you are left to wait with the “rest of them”; then, your name is called, and you leave those who have been waiting just as long, or some even longer, with a smug smile, thinking to yourself, “Whew, finally!”  But that sense of relief is short-lived, for it becomes clear that the room you have been lead into is merely another surreal suspension of reality’s cruel viciousness — for, this is merely an intermediate form of torture: The Waiting Room, where the real wait begins.

Somehow, the psychologists have figured out through studies conducted that patients, clients, potential customers, etc., will tolerate quite a bit of waiting so long as there is an “interlude” between waiting periods.  So, say you are at first forced into a queue with a group of others — the studies have revealed that 20 – 30 minutes is the maximum before agitation begins to manifest itself, unless you are “selected” and sequestered into a separate queue where your tolerance for a further waiting period can begin anew.

Of course, in reality, nothing has changed — it is simply that your waiting has been transferred from one area to another.  Can this occur multiple times?

Apparently, the studies have shown that, yes, so long as the logistics of the waiting period have been altered — as in, say, after 20 minutes for the 2nd waiting queue, a nurse walks in, looks at you and places a folder into the filing basket attached to the door.  Somehow, that momentary interruption focuses the waiting individual that your time is approaching, that we have not forgotten about you, and you will soon be seen.

The psychology of intermediate contacts increases one’s hope for the end of the waiting period, despite the fact that the same waiting period continues — it is just that the hour’s wait is broken up into segments of three 20 minute slices, and that, according to all of the psychological studies, makes all the difference.

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, one of the frustrating aspects of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the long and arduous wait that must be anticipated before a decision is made.

Expect the worst; hope for the best.  There are multiple stages to the process — of the Initial Stage; of the Reconsideration Stage; of an Appeal to the Merit Systems Protection Board; and even of a Petition for Full Review before the MSPB.

Thus, if you took all of the multiple stages, the “wait time” is tantamount to the slicing up of that very “wait time”, and the best way to give yourself the benefit of a higher percentage of success is to make sure that you increase your chances of getting it approved at the Initial Stage by consulting with an attorney who specializes in Federal Disability Retirement Law, lest you remain fuming in the Waiting Room where everyone else taps his or her foot while the collective blood pressures continue to rise.

Sincerely,

Robert R. McGill, Esquire