Tag Archives: fers medical retirement with redux

FERS Medical Retirement: Story Told Simply

Modern writers have been corrupted by the desire to be published in The New Yorker.  Similarly, the Iowa Writers’ Workshop and similar venues have destroyed the short story.  Today, modern short story writers are technically infallible; they follow an impeccable template of “How a Short Story Should be Written” — but the gimmicks, the registered competence, the learned cadence and skillfully crafted creativity — fail to produce the brilliance of the art.  We are killing the short story by pure, unadulterated competence.

Read one short story by William Trevor.  Question: Did he learn how to write by attending the Iowa Writers’ Workshop?  Did Hemingway produce The Old Man and the Sea by taking a class on “How to Write?”  The technical competence, the educated writer, the factory production of good writing — it all fails to tell the story told simply.  Perhaps the fault lies not only owing to the plenitude of college courses, all somewhat entitled, “Creative Writing”, but to the fact that religion has lost its hold upon the culture.

Let me explain:  No, this is not to argue that “religion”, per se, directly contributed to good writing.  Rather, it is to argue: A close inspection of every good story always involves the struggle between good and evil; of a tension of hubris following upon self-destruction; of the pull between one’s conscience and the struggle to avoid sin.  Yet, how can there be any tension left, when nothing is shameful, everything is permitted (Dostoevsky’s shadow?), and there is nothing left but shame’s skeletal outlines?

All that would be left is merely a story told simply, but without a soul to its name?

For Federal employees and U.S. Postal Workers who struggle with a medical condition such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s positional requirements with the Federal Government, a story told simply is crucial to the successful filing of a Federal Disability Retirement application.  Too much information; overemphasis upon one’s history; failure to capture the soul of the “story” — these are all errors which can defeat a FERS Disability Retirement application with the Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and let the story be told simply, but effectively.

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 for Federal Employees: Future Planning

It is perhaps a redundancy to put the two concepts together; for, “planning” is almost always about the future (can one plan for the past?  Or, even for the present — as every moment of the present must by conceptual imposition tick the time for a future event), and thus the inclusion of the concept, “future” becomes an irrelevancy and an unnecessary conceptual appendage.

One can, of course, confuse some concepts — as in, for example, planning for one’s future funeral, or writing one’s obituary (which is essentially future planning but incorporating past events); or of writing a story about something which occurred in the past (as opposed to a science fiction story, which by definition would involve some future event).  So, one might simply entitle an essay, “Future” — but would that necessarily encapsulate “planning”?

On the other hand, to simply say, “Planning” would, by conceptual inference, necessarily involve the future, merely because we all presume that any “planning” would incorporate the future because of the absurdity of thinking that we could plan for what has already passed.

That being said, future planning is always a problem because of the very fact that it must involve “unknowns”, as every future cannot be completely and entirely predictable.  The future, by definition, is an unknown and unknowable quality and quantity; it is not quantifiable; it remains a mystery.  Otherwise, we would all be able to predict which numbers would appear in a lottery, what stock market picks will be winners, and even be able to understand what a “commodities futures” is/are.

For Federal employees and U.S. Postal workers suffering from a medical condition necessitating a filing of a Federal Disability Retirement application with the U.S. Office of Personnel Management, “Future Planning” can be difficult, at best.  How strong is your case; what is a realistic assessment of time frames involved; what can be done to enhance the chances of success; what will be a predictable amount of the monthly annuity; and many more questions, besides.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and begin the arduous process of future planning — or just planning.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement under FERS: Routines

We all have them; we rely upon them; and in times of tumult and upheaval, they are what gets us through because we can endure them with thoughtless efficiency.

There are the rare and few who try and avoid them — thinking that such avoidance characterizes a higher level of creativity, imagination, and resistance to monotony; but in the very act of such avoidance and rejection of routines, the chaos itself becomes a routine and represents the repetitiveness which one sets out to replace in the first place.

Routines represent the foundation of normalcy; it is what we rely upon to maintain a Kantian order of stability in a world which is often unreliable and chaotic.  When those routines are systematically interrupted, the balance of proportionality must be assessed in order to determine the significance of such disruption.

Medical conditions tend to do that — of forcing one to rethink the impact upon the routines one relies upon.

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 position, the impact and imbalance perpetrated by the medical condition in disrupting and interfering with one’s routines may be an indication of the need to file for OPM Disability Retirement benefits.

Contact a Federal Disability Lawyer who specializes in FERS Disability Retirement benefits and begin to consider and reassess the importance of the routines you once took for granted.

Sincerely,

Robert R. McGill, Lawyer

 

Disability Retirement for Federal Employees: Looking After Yourself

All of our lives, most of us look after others.  Sure — there are those who are self-centered, egoistical, and selfish to a point of absurdity; but the rest of us find value in caring for others, or of working towards something else, at the expense of our own “whatever”.

There is much talk these days about joy, happiness, contentment, etc.  Gone are the days where you should do “whatever makes you happy” — for one thing, the economy isn’t good enough to embrace such a philosophy.  For another thing, it is often impractical for the art of living to simply pursue one’s desires.

We work for others; we do things to please others; we even accede to another’s wants and needs; and perhaps, in a perfect world, if everyone did things for others, it would mean that everyone’s needs would become satisfied because everyone else is also looking after yourself.  But that approach to life works only in a perfect world; whereas, much of modernity proves the opposite: If you don’t look after yourself, no one else will.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent you from performing one or more of the essential elements of your job, it is high time that you began to look after yourself, and not worry about your Federal Agency, your coworkers, your Postal Facility or anything else.

Health is of paramount importance.  Consult with an attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing an effective FERS Medical Retirement application in order to begin looking after yourself, for once.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The Process of Decision-making

Have you ever wondered how decisions are made?  What is the process, and who determines whether or not the methodology engaged is the “right” one or the “wrong” one?  What data is analyzed?  How is the evaluative input assessed, and to what extent does “missing” information impact the process?

On a spectrum of decision-making, there is on the lower side of an imaginary graph the “process” of choosing a flavor of ice cream.  Most would agree that it is based upon a purely subjective, appetitive basis, where the foundation of the process of decision-making (if you can even call it that on such a rudimentary level) is based upon one’s taste for a particular flavor, and whether or not one has a present desire for the intended food.

Can other factors come into play?  Of course – for example, say you just read an informative article that all flavors in category X contain a carcinogenic compound, however slight in volume, that over time may cause harm, whereas all other flavors (“Category Y”) are exempted and are considered “safe”.

Now, how much of that data enters into the decision-making process of choosing the ice cream flavor?  For, in order for such information to enter into the equation, one must first engage in the prior decision-making process upon the article itself – i.e., is it factual or does it contain unfounded opinions?  How “scientific” is the evidence?  Does the author have a conflict of interest – i.e., is he being paid for writing the article, and by whom?  Perhaps the author works for the industry that produces all Flavors Y and wants to advance a competitive edge over all Flavors X by harming or destroying, or placing seeds of doubt into the minds of customers who might consider those other flavors?

Placing weight and credibility upon the article itself must first involve a process of decision-making; then, even after such a judgment on the information received, how much of it will impact upon the decision-making process of choosing a flavor of ice cream?  One might conclude, for example, that the article on carcinogenic ingredients is pure bosh and disregard it – but even in that instance, if you chose the category of Flavors Y, can you ever be sure that you discarded it completely, or perhaps in your subconscious mind you attached your allegiance out of fear and caution?  How will you ever know?

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 process of decision-making in preparing, formulating and filing an effective Federal Disability Retirement application can be a complex and complicated one.

One’s future is involved; one’s investment in a career; the health concerns, the deteriorating capacity to continue in one’s chosen line of work, and the increasing difficulty of hiding the medical condition – all, and so much more, must be considered before initiating the process of a Federal Disability Retirement application.

With all of this in mind, of the jumble of information and the complexity of the process itself, the best and first step is to consult with an attorney who specializes in Federal Disability Retirement law, in order to gain a balanced perspective, receive all of the necessary information, and to begin to gather the foundational data necessary in order to ultimately make the “right” decision in the process.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Complexity and Confusion

Life has become more complex than humanity has desired; those harsh days of “horse-and-buggy” past – of simplicity which is romanticized, yet of a day’s labor just to provide a subsistence lifestyle; where technology was not yet invented, leaving aside having had any thoughts about it; of leisure and convenience relegated to a Sunday afternoon, where even then, preparation of a meal was not about whether to go to the local supermarket or out to a restaurant, but to take and kill from one’s farmstead or hunt in the woods.

Is there a compromise and middle ground?  Does it all have to be complexity and confusion, or simplicity in its harshest manner?  There is, in modernity – and throughout the ages – a desire to “return to nature”; of an idealized perspective which is represented by dystopian narratives promulgated through epidemic catastrophes or war-torn holocausts of unimaginable proportions.

And, although such stories purport to reveal the dire consequences of how we treat this planet and seemingly portend of undesired results, yet there is a secret, underlying and not-so-discreet relishing of reincarnating Locke’s and Rousseau’s “State of Nature”, more formidably proposed by Darwin and his sycophantic followers, where the “survival of the fittest” best defines the characteristics of human excellence, and that those with book-smarts and wily, cagey talents – i.e., Wall Street Traders, computer geeks who made millions and billions by creating cognitively-applied moneymakers, and Bankers, Lawyers and the like (in other words, those who would never survive in a State of Dystopian Nature) – get their due recompense by being enslaved by the fitter and stronger.

But this is really nothing new; look at the utopian approach reflected in the transcendentalist philosophy represented by Walden, in the collective silliness of grown-ups wanting to be children as snot-nosed fantasies running around in diapers and hugging the earth, as Thoreau, Emerson and Channing, et al, were keen to do.  There is, then, a pervasive desire throughout history, of harkening back to a time never known, rarely reinvented, and forever in existence in its idealized, paradigmatic pinnacle of forms; but what of the alternative?

That option is already here – in the full complexity and confusion of modernity.

If we could just bottle every second, all of the minutes and the collection of hours promised that would be saved by each incremental advancement of technology’s rise, we should all be living the life of leisure.  Instead, it has all come crashing down upon us:  greater stresses; more complexity; a wider expanse of confusion.  They seem to come hand-in-hand, don’t they?

For the Federal employee and U.S. Postal Service worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from continuing in the chosen career, complexity can lead to confusion, and by the inverse laws of physics, confusion can compound greater complexity.  Federal Disability Retirement is an area of law that is infused with inherent complexities; being confused about the process, including the statutory basis, what meets the preponderance of the evidence standard, and which case-law precedents apply, can further add to the complexity and confusion.

Seek the advice and guidance of an experienced attorney who can alleviate both, and as life itself is complex and confusing enough, adding to it by stepping blindly into the foray of Federal Disability Retirement without legal representation may be not just the height of foolhardiness, but more akin to the fool who not only attempts to have himself as a client, but is moreover a confused fool with an unidentified personality complex.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Civil Service: The Clock

It is an interesting device.  We can try and project back to a time of its non-existence, or at least when not every household owned one.  What could it have been like?  Where the hour was guessed at by the position of the sun – or was that not even part of the thought process?  Did the sun, dawn, dusk and twilight merely present a foreboding for a different paradigm?

Certainly, minutes and seconds likely had conceptual meaninglessness, and everyone worked, played and lived for the “moment”, without great regard or concern for the next day, the following season, or a decade hence.  Ship’s captains had a greater sense of future foreboding, though not necessarily of time, but of oncoming storms or changes in the currents; farmers lived season to season, and fretted as they still do about droughts or floods that might destroy crops; but as we entered into modernity, it was the grind of the clock that set the day for the city dweller, where payment for labor earned was remitted not by the rising and setting of the sun, but by increments of hours, minutes and labor beyond the darkness of a day ended.

At what point did time entrap us into a thought-process of expectancy that destroys the joy of a living moment?

If Friday provides a needed anticipation for a weekend of rest and repose, we immediately destroy and capacity to enjoy it by looking at the clock and realizing how many hours and minutes have passed by, and further denigrate our ability to appreciate by calculating the remainder of time.  We can become obsessed with the clock – its ticking diminution by projecting the decrease; the foreboding of what is yet to come, though it is merely within our minds; and the constant checking of incremental living of a life as against the clock that rules.

Medical conditions tend to remind us of the clock; or, perhaps it is the opposite, where the clock reminds us of our mortality when we suffer from a medical condition.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that preparing a Federal Disability Retirement application may become a necessity, the clock can serve as both a reminder as well as an obsession of foreboding thought processes.

Yes, the clock is likely ticking in a proverbial sense in terms of the Agency or the U.S. Postal Service having the patience (does such an animal exist for either?) in trying to “work with” the medical condition (a euphemism often interpreted as, “You better become fully productive soon, or else”), but in a more real sense, the Federal or Postal employee must make a decision at some point as to the prioritizing of one’s health as opposed to the positional elements of the job which is increasingly becoming more and more difficult to fulfill.

By law, the Federal or Postal employee who is released, separated or terminated (yes, there is a distinction between the three, but for the Federal employee of Postal worker, not enough of significance to define them here), the Federal or Postal employee can file for Federal Disability Retirement within one (1) year of such separation from service.  Certainly, in that instance, the clock begins to tick, and not just in a proverbial sense but in real legal terms.  One need not, however, wait for such an event to realize the clock’s significance; watching the clock as the medical condition continues to deteriorate, is reminder enough that time rules us each day whether or not we succumb to it, or not.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Intestinal Fortitude

It is a word past its prime; one which was prevalent and pervasive in use during this author’s childhood, and represented a more refined way of saying, “guts” or “courage”.  It is one which brought forth a seeming awe and sense of credibility to the person who uttered the words, and once stated, it spread like wildfire amongst the pseudo-intellectuals and wanna-be William-F-Buckley-Jrs of the world.

Of course, no one could effortlessly drop a line of Latin like he could, and just as the death of an icon can fade the philosophical context of a given epoch, so words can lose their efficacy from generational transfer to the next; yet, the substance and essence of the meaning of the word remains like the vestige of wisdom displayed in a singular utterance from the toothless mouth of one’s grandfather, where the wide-eyed child looked from a vantage point well below, peering upwards with awe and disconsolate foreboding against the shadows of a crackling fireplace exuding warmth and tenderness amidst the melodious voice of loving care.  Use of words can be distinguished from the power of persuasion such usage can engender.

For Federal employees and U.S. Postal workers who need to consider the next step 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, there are often three (3) primary issues to be kept in mind.

First, there is a vast difference with a real distinction, between having a medical condition, and proving that one’s medical condition prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties.  The former concerns medical care and a doctor’s expertise, exclusively; the latter remains the territory of the attorney who specializes in Federal Disability Retirement law.

Second, the affirmative step in making progress towards filing for Federal Disability Retirement benefits through OPM must be of the Federal or Postal employee’s own choosing.  No amount of persuasion, harassment or good old-fashioned pestering can move the mountain, and it often takes a crisis of realization until such an important decision is finally made.

And, third, whether of guts, courage, forward-thinking or intestinal fortitude, that step to be taken can be a life-altering advancement into an unknown future; but in the end, when a medical condition arises, the necessity of filing for Federal Disability Retirement benefits through OPM becomes a positive affirmation that the future for the Federal or Postal employee can be secured through an annuity which represents something beyond mere wasted effort for all of those years of service to the Federal agency or the U.S. Postal Service, and whether by intestinal fortitude or something else, such dedication to service is a mark of honor well-deserved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Invasion of the Body Snatchers

The 1956 version of the film (the only one worth watching) was in black & white, and created a sensation among French Existentialists for the greatest horror committed upon a human being:  to strip one of all human emotion, and transform the person into a robotic automaton of sorts.

Camus’ novel, The Stranger, reveals a similar theme through the titular character, Meursault, where the absurdity of life, the indifference of humanity, all serve to compel him to commit a murder without reason or rationale, in a universe without emotion — until the very end when, faced with the certainty of the guillotine, he responds with rage at a chaplain who wants him to atone for his sins.

Life itself can be the slow drip-drip-drip of stripping one of emotions, somewhat like spores which fall and turn into seed pods, and slowly attaches, drains, and diminishes the uniqueness of the individual; or like the greater absurdity of performing apparently meaningless tasks, where a sense of separateness and division occurs as a chasm between worth and work, as when Sisyphus rolls the boulder up the hill, only to see it slither back down the other side.

Medical conditions sometimes awaken us from the slumber of absurdity.  It is in and of itself an anomaly of sorts, to have to face the mortality and fragility of one’s life, thereby unraveling thoughts of worthiness in a world devoid of care, empathy or concern.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, for the Federal employee or the U.S. Postal worker, is a step taken to climb out of that chasm or void of dissipating meaningfulness.  For, when a medical condition begins to impact one’s capacity and ability to continue bringing meaning and purposefulness to a job, within a context of an agency which shows indifference and outright animosity, it is time to escape the alien pods and devise an escape route from the invasion of the body snatchers.

It is like Sartre’s quip that Hell “is other people” — of that moment when a person looks through a keyhole and views another as a mere object, then senses someone else behind, and realizes that you were being watched watching others as an object, only to be considered as an object as well.  Similarly, when a Federal agency or the U.S. Postal Service begins to treat the Federal or Postal employee as a fungible object of nominal worth, it is time to seek and monetize one’s worth at another location, another context, a different venue.

Medical conditions demean and diminish in multiple ways:  one’s own consciousness recognizes the devaluation of being “less than whole”; others begin to approach and treat with trepidation; and Federal agencies and the U.S. Postal Service fail to accommodate according to the laws already in place.

Filing for Federal Disability Retirement benefits through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is a means to an end.  The “means” requires an affirmative step by the Federal or Postal employee to traverse from the Federal agency or the U.S. Postal Service by beginning the preparation and formulation for filing of an OPM Disability Retirement application; the “exit” is the concerted effort to run afar from those spores from heaven, as the body snatchers who drain life and vitality through the keyhole of sanity where absurdity and meaning clash in a titanic battle for human worth.

Sincerely,

Robert R. McGill, Esquire