Tag Archives: fers medically separated for rotator cuff

FERS Early Medical Retirement: Integrity

What is it?  One definition states: A. The adherence to moral and ethical principlessoundness of moral character; honesty, and B. The state of being whole, entire, or undiminished.  Yes, the first one is what one expects; it is the second definition, however, which is the more relevant, and perhaps needs to be fleshed out.  For, isn’t that the true basis for the meaning of the word?

That there is a “wholeness” between the words one speaks and the actions one takes.

Take the following hypothetical: A former president (who will remain unidentified) who was almost kicked out of office for an indiscretion committed in the oval office (yes, yes, it is hard to guess who that might be, these days — but here is another hint: There were, in the salacious context of the entire affair [sic], multiple “Speakers of the House” who took the post, then subsequently resigned because they, too, were outed in retaliation by the White House) goes around the country lecturing at high schools and colleges on the following subject: “The importance of Fidelity in a marriage.”

Would you go to such a lecture?  Would you allow your son or daughter to listen to the ex-president?  Why, or why not?  Does it matter who the speaker is?  Why does it matter?  Isn’t the truth of what he says, true — regardless of who delivers the lecture?  Would it make a difference if someone else gave the lecture — say, some old geezer who has been married to his wife for 75 years?  If so, why?

Perhaps because the penumbras of integrity still haunt our society, where words and actions still require “wholeness”.

Certainly, that is the case (allegedly) in a Federal Disability Retirement case, where your Statement of Disability (SF 3112A) should match the Physician’s Statement (SF 3112C), where the coordination and connection results in a “wholeness” which will then turn into an approval from the U.S. Office of Personnel Management, when a Federal or Postal Disability Retirement application is put together in the effective manner in which it should — based upon the concept of integrity.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and make sure that the entire packet is prepared, formulated and filed with the concept of “integrity” — “wholeness” — in mind.

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: The Paralysis of Indecision

There is, on the one hand, an approach of charging forth with a decision; on the other, a more contemplative manner of considering the options, letting various arguments be heard, then taking into account the pros and cons and coming to a deliberative conclusion and decision.

Such differing approaches often reflect the personality of the decision-maker; and, of course, between the two extremes on a spectrum of decision-making approaches, there are various “middle-ground” ways.

One often hears about the need for “decisive” action, where such an approach is often viewed as more effective and enveloped with great confidence.  Military responses are often characterized by the “charge forth” approach, whereas political expediency is too often reflected in the long and tiresome “consideration of all sides” approach.

In the end, whether one takes a lengthy, deliberative approach in making a decision, or immediately issues a definitive command to perform a deed, it is the paralysis of indecision which fails to abide.

For Federal employees and U.S. Postal Service 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 paralysis of indecision often comes about because of the hope for recovery of one’s health.

And that is often a good thing.  Hope springs eternal, but when the reality of one’s medical condition becomes chronic and never-ending, the paralysis of indecision merely exacerbates and worsens.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and do not allow the paralysis of indecision to keep you stuck in the quicksand of your medical condition.

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: The Gap Between

Sometimes, it is wide and unable to be closed; in other instances, the distance is just enough to present a challenge, but by no means unreachable; and in rare instances, we shrug our shoulders because of the insignificant width encountered, as if the irrelevancy is too unimportant to even bother with.

Why is it that we so admire those who have overcome adversities of greater chasms?  If one is “privileged” with all of the inherent advantages of life, and one succeeds, is it because the expectation of success was taken for granted?  On the other hand, if one is born with the proverbial “silver spoon” in one’s mouth, and fails miserably to achieve anything in life, do we disdainfully roll our eyes because we expected so much out of the person and make spurious judgments as to the inner character of such an individual?

Likewise, why do we admire a person who began life in the gutters of disadvantages, and yet made something of him or herself?  Is it because we are all, by nature, “betting people”, and where the odds are stacked against an individual and nevertheless the underdog prevails, we admire such qualities of fortitude and success in the face of such odds?

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 odds are great that you will need to file for Federal Disability Retirement benefits.

In order to close the gap between success or failure against the U.S. Office of Personnel Management, however, it is best to consult with a Federal Disability Retirement Lawyer — lest the odds are stacked against you, and you need to better those odds to make them more favorable for a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Coming to Terms

It is when we avoid it that we fail to come to terms.  Often, we already “know it” — if by knowing, we mean that we were aware of the facts, that we had a sense of the “it” coming to fruition.

We somehow believe that, so long as we do not state it, or ignore it, or perhaps just refuse to ponder upon it — that then, reality doesn’t force us to come to terms with the “it”, whatever it is.  It is often a subtle psychological device, a gamesmanship of avoiding the obvious.  Major life decisions are often involved in the process of refusing to come to terms: Of the end of a marriage; of a death of a loved one; of a change in one’s circumstances; of a medical condition.

Medical conditions are often life-altering.  They force us to give up certain activities we have engaged in all of our lives; they mandate a change of dietary habits; they alter forever our own self-image.

For Federal and Postal employees who suffer from a medical condition such that the medical condition prevents you from any longer performing one or more of the essential elements of your Federal or Postal job, consider filing for Federal Disability Retirement benefits under FERS.

Before you move forward on filing a Federal Disability Retirement application, however, consult with an OPM Attorney who specializes in Federal Disability Retirement Law — for, that may be the first step in coming to terms with a future yet uncertain, but nevertheless offering some hope.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: Lip Service to Losses

It is admitted under the cover of gaining, and never standing alone as a mark of proud achievement.  To lose is to be forgotten; and while we give lip service in various ways — as in, “Oh, we learned so many valuable lessons from our losses”, or “Behind every success story is a failure of tenfold that allowed the person to learn and grow”, or ever the clincher: “It’s not whether you win or lose, it is how you play the game” — such losses always end up in the ash heaps of history’s forgotten events, while the “winners” move on into the next phase of life’s ongoing narrative.

Yet, we continue to perpetuate the myth that life’s lessons are best gained by the failures and disappointments that we encounter, and that is what “giving lip service” ultimately means: the insincerity of words in contrast to one’s belief as beheld close to one’s heart.  That is why it becomes increasingly difficult for this generation, as opposed to and in contrast with previous generations, to handle the stresses of daily failures and unmet expectations.

We cannot strip away the reality of the world throughout one’s upbringing and childhood, constantly telling every child that everyone is doing a “great job” and have “special talents” at every turn and hiccup of life’s turmoils, then expect them to be able to handle the daily and overwhelming stresses of life’s experiences that must by necessity include setbacks and the bumping into the harshness of stark cruelty of the world, then expect a placid, calm and positive view of experiential stability.

The harshness of reality is that, indeed, this is a hard life, and no matter how much technology may promise the easing pain and modernity the hope for a utopian society, the frailty of the human condition cannot be avoided.  That is the reality-check that a medical condition imposes — that we are not mere lesser gods among beasts of burden, but in fact have just as many burdens and are subject to the unexpected vicissitudes of life’s happenstances.

Thus, for Federal employees and U.S. Postal Service workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it is important to realize that filing a Federal Disability Retirement application may not meet the expectations of those who give lip service to the idea itself — i.e., that yes, the Federal Agency or the Postal Service will “support” you in your FERS Medical Disability Retirement application; that the Human Resource Office will do everything in their power to “accommodate” you; that your Supervisor or Manager is “sympathetic” to your situation, etc.

They may speak the words, but in their “heart of hearts” is that notion that filing for OPM Disability Retirement benefits is on the side of “losses” and not of categories empowered by “wins”, and therefore you must be careful in who you confide with when preparing, formulating and filing a Federal Disability Retirement application, to be filed with OPM.

Always remember, however, that consultation with an experienced attorney who specializes in Federal Disability Retirement Law will guarantee that “lip service” will not be mere words, but a careful guidance and strategizing of that which is in your best interests, and with full confidentiality.

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

 

Federal Disability Retirement: The tangents that bind

They are often viewed as mere distractions – those activities that fail to follow the centrality and linear path of core, essential projects.  Or, more often than not, they are the wanderings and linguistic meanderings that make verbal communication all the more interesting – you know, that person that suddenly goes off on a tangent and tells an otherwise interesting story, but leaves you scratching your head with puzzlement and left dumbfounded.

In an even different sense, it can mean those quirky hobbies or sidelined projects; even of collecting matchbox cars, comic books or getting excited over stamps.  Stamps?  Matchbox cars?  Comic books for adults?  These are the tangents of life that bind.  We don’t often see them that way, because they are, in the larger scheme of things, somewhat insignificant, irrelevant and entirely superfluous to the greater population.  But what people often do not realize, is that tangents provide the glue that binds; for, if not for the distractions, hobbies and projects that give us a respite from the daily stresses of our lives, life itself would become a jumble of intolerable consequences.

Then, when a medical condition enters a picture, where the chronic pain or the psychiatric impact makes even those tangents no longer pleasurable, such a state of being then makes the rest of life unbearable.

For the Federal employee or U.S. Postal worker 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 position, it becomes quite apparent that when the tangents that bind no longer cement the worthwhile perspective of life’s meaningfulness, it is definitely time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Natural empathy

Is there such a thing, or do we just fake it even when we do not naturally “feel” it?  If the official, technical definition fails to make the distinction between “feeling” and “understanding”, does it not discount the differentiation of the traditional bifurcation – that of rational capacity as opposed to part of one’s emotional quotient?

Further, if it is merely an emotion, do some have a greater capacity because of a genetic predisposition, while others at a minimal level acquired through accident of birth, and thus can one be held responsible for merely being who we are?  On the other hand, if it has a closer affinity to an “understanding” one possesses, then can it not be cultivated and enhanced, and therefore within the purview of an educational system that includes “empathy instruction”?

How would one “teach” empathy?  Would you present slide shows of unfortunate events, and by instructional imprinting, have the teacher or headmaster unravel with emotional turmoil and manifest tears of sorrow, and hope that the students will by some mysterious osmosis embrace that capacity to experience such travails “as if” one were in the other’s shoes?  And, what do we mean when we attribute empathy as a “natural” course of human characteristic – is it counterintuitive to the distinction made of its opposite, of an “artificial” construct?

In Darwinian parlance, of course, there is little room for Natural empathy – the weak merely dilute the sacrosanct genetic pool of the strong and those fit to survive, and time wasted in trying to protect the weak or to understand those less fortunate will only succumb to the inevitable devouring by prey otherwise in waiting.

In the “civilization” of the human animal, there are certainly historical instances of unexplainable natural empathy, but whether there was always even therein a hidden agenda, a personal motivation, or a self-centered glint of purpose, we shall never know.  The naïve will posit that natural empathy is central to the human character; the cynic, that it is neither natural nor a tendency discovered in any species known, but just another societal construct forced upon the strong as part of the social contract to defend the weak.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the health condition has resulted in testing the natural empathy of coworkers, supervisors and managers at the Federal agency or the U.S. Postal Service, there may well be a division and diversity of opinions on the matter.

Whether natural or artificial, unfortunate events do indeed test the capacity of human character, and when the Federal or Postal employee prepares a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the uncaring and impervious attitudes of those encountered along the long and arduous process in attempting to obtain Federal Disability Retirement benefits, can indeed test the attitudes of a generation yet to experience the cruelty of an otherwise imperfect universe.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: The silence erupting in the room

You go out for a moment – perhaps to smoke a cigarette (do people actually do that these days?), to “freshen up” (is that necessarily a sexist presumption, in that women are the only ones who need to do so, or wasn’t it more likely just a euphemism to avoid the crass declaration that one has to “go to the potty”?) or just to get away from the din of dinner conversation; and, upon reentering the room those eyes look askance, askew, and away from you.

What happened?  Does suspicion abound, or is it merely paranoia that prevails?  Does sudden silence simultaneously synchronized with one’s reappearance constitute enough evidence to conclude that the gossip previously directed at someone other than yourself had shifted to include the reentering individual just previously having disappeared for a brief interlude?

Perhaps, instead, just before coming back to join the fray, there had been a pause in the conversation; or, it just so happened that everyone was taking a sip or gulp of whatever people were drinking, and as you reentered, the cumulative silence just so happened to prevail at the precise moment of appearance.  Coincidences of such natures do occur; yet, there is always that nagging feeling that the exact opposite is true – that, yes, they were all talking about you, and the embarrassing silence suddenly pervaded like a heavy London fog suddenly extracting its shroud of mystery and burden of conversation upon a topic well-worn by clawing swipes and innuendoes otherwise left undefended.

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 worker from performing one or more of the essential elements of one’s Federal or Postal position, that is often the fear and the gloom of dread, isn’t it?  That you – the absent Federal employee; the Postal worker who has filed for FMLA protection; the Federal employee who has been on extended LWOP – are the subject of constant gossip, and the grumblings and lies disseminated become the silence erupting in the room.

In the end, there is little that can be done about people who engage in gossip, whether in the bathroom, the kitchen or at the workplace; people will talk, and somehow believe that it makes them superior.

Ultimately, the best revenge is to prepare an effective Federal Disability Retirement application and file it through one’s agency or U.S. Postal Service H.R. Office, and submit it to the U.S. Office of Personnel Management in order to escape from the din of cheap talk and chicanery, such that it becomes irrelevant whether, upon reappearance into a roundtable full of gossipers, the silence erupting in the room had to do with you, or just a mere coincidence of unexplainable phenomena coalescing just at the moment of reentrance.

Sincerely,

Robert R. McGill, Esquire