Tag Archives: fers postponing resigning for disability procedures

FERS Disability Retirement Law: Beyond Self

In evolutionary theory, we are taught that “survival” is the driving impetus to changing genetic codes such that those who are successful in that endeavor increase the presence of one’s DNA within the pool of available survivors.

To that end, in modernity, in a world where brute force is no longer the basis for survival, but rather, the ability through cunning and intelligence has taken over the former “State of Nature” and replaced it with the “State of Civilized Behavior” — and so the focus is upon “Self” and of advancing the ego and the importance of the individual.  Or so the argument goes.

Throughout history, there have been many attempts to quash that “self” — of Buddhism in denying the reality of the world, thereby protecting oneself from despondency through diminishing the impact of suffering; of Communism by re-ordering the importance of “self” and making “community” or communal living the apex of human happiness; and even of Western religion in providing a paradigm for self-sacrifice in order to achieve an eternal kingdom where the self can be rewarded through self-sacrifice in this world.

In the end, however, somehow the “self” keeps popping back up, and getting beyond self never quite manages to prevail.

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, getting beyond self is an easy endeavor.  For, it is precisely the fact that the Federal or Postal employee has failed to focus upon oneself, as evidence of the basis for one’s failing health.

Self-sacrifice for one’s Federal Agency or the Postal Service is often a primary reason as to why one’s health has deteriorated, and it is high time that the Federal or Postal employee re-focus one’s priorities, and re-orient them to care for one’s self.

Contact a Federal attorney to discuss the possibility of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management (OPM), and begin to go beyond self by re-focusing upon one’s health, and the priority of the “self” in this otherwise uncaring universe.

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 Medical Retirement: Uniqueness Beneath

The “memory legacy” we leave behind — of who we were; how people remember us; of how they speak of the person once known as the “I” who inhabited this world; of the remnants left — is often of great concern to people.

Logically, does it even make sense to be concerned about it?  We will be gone; those who survive will remember us for a time, but they, too, will perish, and the remaining memories will fade like all such pasts have faded throughout history, and the cemeteries long forgotten or the ashes strewn over hills, valleys, rivers and oceans will be merely the collective dust of untold stories.

Yet, for whatever reason, we still want to be remembered — of the uniqueness which was the “I” beneath.  “Remember Harry?  Yes, Harry what’s-his-name…”.  “And Sarah-whatever, who used to read that French newspaper with her cup of coffee…”.

Yet, society throughout never recognizes the uniqueness beneath, but merely the last imprint of a categorized archetype.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to continue in your Federal or Postal career, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law.

If you are hanging around thinking that your Federal Agency or the Postal Facility is going to keep you on because of the recognition of the uniqueness beneath, you may want to rethink that.  In the end, they will treat you merely as another cog in the wheel.  For a true expression of the uniqueness beneath, go out on Federal Disability Retirement and begin a new career path where you can make up to 80% of what your former position currently pays.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in FERS Disability Retirement Law

 

OPM Disability Retirement for Federal & Postal Workers: Meaninglessness

Without the second added suffix, it remains an adjective; with the addition of the second suffix, it becomes an abstract noun denoting quality and state of being.  The combination of the duality if suffixes, altering it from an adjective qualifying a noun (as in, “This meaningless activity”) into an abstract noun standing alone (as in, “The meaninglessness was evident in the manner he lived”) makes for an interesting conceptual construct.

It is, indeed, a word which describes a state of being — both the quality as well as the “kind” of.  It also denotes something else: that, at some time prior, both suffixes were absent, leaving the root of the word and the core of its origins intact — that of “meaning”.  It is thus a word which describes both a state “before” and a condition “after”, of once having had it, then losing it, then becoming a state of perpetual loss.

It is, in the end, the “state” of being which becomes of concern.  For, left as an adjective, one can argue that it is merely a temporary mode of being, as in: “The meaningless endeavor he engaged in was to merely get him through the day.”  However, when the second suffix is added and the root word alternates from becoming an adjective into an abstract noun, the denotation of becoming a permanent construct of eternal loss becomes ever more problematic.

So, as life mirrors language, and language expresses our inner state of thoughts, it is not only the meaning of words which becomes important but, moreover, the way in which we actually live.  Meaninglessness, as a way in which we live, becomes ever more pronounced when our health deteriorates.

For Federal and Postal 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 ones Federal or Postal job, the problem of “meaning” and “meaningless”, as well as “meaninglessness” becomes ever more pronounced.  As one’s health deteriorates, and as work becomes a greater struggle, so the once-meaningful career becomes a greater burden and begins to gnaw at the root of one’s existence.

While Federal Disability Retirement may not be the answer to all of life’s difficulties, it allows for a Federal or Postal worker to re-focus one’s priorities in life and turn one’s attention back to the basics — that of health and meaning. Consult with a FERS Attorney who specializes in Federal Disability Retirement Law to discuss the particulars of your case, and begin to discard the suffixes which drag you down.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Return to Who I Am

We all take on different roles — whether as a parent, a husband, a wife; of assuming the role each day of a supervisor, a worker, a doctor, lawyer, etc. The underlying “substratum” of the “I” is presumed to remain the same throughout, but there may be a difference in the character posed, the personality posited or the tone, tonality and tenor of a voice, inflection, the way you talk, etc.

Perhaps, on a “Take your child to work day” you bring along your son or daughter and he or she watches you work in a particular role. Afterwards, does the child think to himself — or express him or herself to you or some third person — and say: “Gee, Mom [or Dad] sure acts differently at the office.”

Actors and actresses take on a “double-role” of sorts, don’t they? They not only have to take on the role of a character, whether in a play or a part in a filmed venue, but moreover, to “become” someone other than the person Who I Am.

Is there a difference between “Assuming the role of an Accountant” and “Playing the role of an Accountant”? Certainly, the former must have some credentials — perhaps as a C.P.A. or some “financial consultant certificate”, or some degree in accounting — whereas the latter only has to “act like” he or she has merited such a status. And the clients who come to the former — they are presumably “real” people whose financial problems or quandaries are “real” as well, whereas in the “acting’ role, they are not real, per se, but are also assuming the role of a part for the sake of an audience.

In either and both cases — whether of being “real” or “acting” in a role — the person to whom one “returns to” is someone who is the substratum: For the child, it is “Mommy” or “Daddy”; for the spouse, it is the husband or wife who “went-to-work-and-is-now-home”; and for the life-long friend from childhood days, it may be “Oh, that’s Dan who works as such-and-such, but who is good ol’ Dan always and forever.” But whatever role one assumes in life, whenever he or she returns to that person “Who I am”, does he or she ever return as the same person, or is there always a slight difference?

For, whatever the experience encountered in the “role” one plays, doesn’t it always change the person such that the person to whom one returns to can never be quite the same as before?

That is what happens with the Federal or Postal employee who needs to file for FERS Disability Retirement benefits — Yes, the point of trying to overcome a medical condition is so that one can “return to who I am”; but in reality, that will never happen, precisely because the medical condition and the experience of enduring the medical condition has changed the person forever.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for FERS Employees: Incompatibility

The proof that must be shown, by a preponderance of the evidence, is that the Federal or Postal worker has a deficiency with respect to performance, conduct or attendance, or in the absence of any actual service deficiency, a showing that the medical condition is incompatible with either useful service or retention in the position held.

In recent months, the U.S. Office of Personnel Management has been ignoring the part about the “incompatibility” provision, and instead has been unfairly focusing upon whether or not a supervisor has deemed an individual’s past performance as having shown any deficiencies in performance, attendance or conduct.

The system of “performance reviews” favors passing most employees through without any deficiencies, and the reason for this is that it is often too much of a headache to give an employee a “less than fully successful” rating, lest there be grievances filed and appeals noted, creating a greater workload for the supervising authorities.

But even when there are noted and substantiated deficiencies in one’s performance, conduct or attendance, OPM will often dismiss such deficiencies as not being supported by the medical documentation, anyway, and so the basis for a denial of a Federal Disability Retirement application is often a compendium of circular arguments posited by OPM without any adherence to the law or acknowledgment of the facts.

More cases appear to be denied by OPM in recent months; ignoring the law and asserting unfounded reasons for such denials, and so it is important to fight against the trend that seems to be asserted by OPM: Ignoring well-established precedents in law and ignoring the facts by selectively extrapolating what OPM wants to focus upon.

If you have been denied, or want to put forth the best First-Stage OPM Disability Retirement application possible, contact an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire