Tag Archives: file a grevance on msha owcp or file for opm disability retirement? which is the most practical for a federal employee with limited resoruces

FERS Disability Retirement from the OPM: The Image of Self

We all hold one.  Some are more aware, and the balance held often reflects a proportionate causation to the healthy attitude presented.  Too much focus, dominating navel-gazing, an unrealistic caricature; too high an opinion; too whatever — of self-esteem, etc., will often lead to self-consciousness which prevents growth, maturity and acquisition of wisdom which should envelop the ego as one becomes an adult.

There is, further, the image of the “outer” self in contradistinction to the “inner”.  Progenitors of Wittgenstein’s philosophy will argue that the “inner” self is mere bosh — of materialism, technology and robotics; that we are merely the composite of synapses and that the proverbial “ghost in the machine” doesn’t exist; we are merely the aggregation of a neural network of cells.  Regardless, we hold an image of the self, whatever that may be.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a critical juncture where you can no longer perform one or more of the essential elements of your Federal or Postal job, your self image is likely suffering, as well.  You are no longer that vibrant, special, talented, “golden boy” or “golden girl” that everyone turns to for leadership and advice. Instead, others see you as that “former” shadow of an existential entity in the present tense.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and consider moving forward so that you can focus upon getting your health back, as well as regaining the former image of “Self”.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement under FERS: The “Right” Way

There are many ways to do things.  Often enough, we have heard our parents say gently, “Yes, you can do it that way, but the better way is…”.  The increasing superlatives — “good”, “better”, “best” — are like the houses in the story of the Three Little Pigs, of the house that was made of straw; the one constructed of sticks; and the last one, of bricks.

Can we say that all three were “good” houses?  It depends, one supposes — upon the utility, the comfort, and the “reason” behind why and what the house was built for.  As a matter of mere location for sleep and comfort, one could argue that any of the three homes were adequate.  If, however, as the story unfolded and revealed, for protection from predators, then there was indeed only one which was the “right” one — the one constructed of bricks.

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 is important to prepare, formulate and file a Federal Disability Retirement application in the “right” way.  Yes, there are many ways to do it, but in the end, the sequence of how one formulates and puts together a FERS Disability Retirement application is, indeed, the “best” and “right” way.

Consult with a Federal Attorney who specializes in Federal Disability Retirement Law and begin the process of preparing your Federal Disability Retirement case in the “right” way.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Advocate

It is the ability to see things that you may not; of knowing the laws that apply, the arguments which will work, the evidence to be submitted; these, and many more, make “the advocate” worth the price to be paid.  Certainly, expenses have to be considered, but as the old adage goes, “You get what you pay for”, and you need to be careful in considering what is included.

When you call the office which you are considering as your “advocate”, does someone call you back fairly soon after leaving a voicemail?  Do you get to speak to an actual lawyer — the one who should be working on your case, or do you — instead — only speak to a paralegal or someone who claims the title of, “Disability Specialist”?

What, in fact, is a “Disability Specialist”?  If not a lawyer, then no amount of “specialty” in the field makes a bit of difference.  Who will be working on your case?  Will your case be sloughed off to some clerk or “legal specialist”, or will you actually be getting what you think you are paying for — an attorney who specializes in Federal Disability Retirement Law?

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits from OPM, contact Robert R. McGill, Attorney at Law, and be assured that he himself, and not someone else, will be working on your case.  He will, indeed, be “The Advocate” who will fight on your behalf.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Deterioration

It is a process; a cellular degeneration that time inevitably forces; and the word itself evokes images of rusting old cars in junk heaps hidden behind high walls of metal fences where usefulness has long been abandoned.  The deterioration of the human body is a progressive process of inevitability, and while we fight in futile efforts to slow it down, much of our efforts are merely cosmetic and have little or no impact upon the underlying progress of the cellular breakdown.

We can eat healthily; maintain good posture; take supplements and vitamins; exercise; stretch; attempt to restrict activities which may be harmful, etc.  Yet, and nevertheless, the deterioration of the human body persists despite all such efforts to employ tactics to reverse the normal course of human destiny.

The workplace — and certain types of jobs — certainly contribute to the deterioration of both the human body as well as the psyche.  Even in this day and age, we perhaps dismiss the psychiatric deterioration as opposed to the bodily degeneration, minimizing the impact of stress upon one’s mental health.  In the end, however, deterioration can apply to both physical as well as cognitive health.

For Federal employees and Postal workers who suffer from either physical or mental deterioration, and where the Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal job, such deterioration may require filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with an OPM Disability Lawyer who specializes in FERS Disability Retirement Law, and see whether the extent of your physical or mental deterioration qualifies for Federal OPM Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: The Dystopian Perspective

Books from all ages depict such a view: The classic one, of course, is Orwell’s 1984; or of Bradbury’s Fahrenheit 451; but more recently, of Atwood’s The Handmaid’s Tale, and even more recently of Ogawa’s, The Memory Police. They all possess a thread of commonality: Of a society both frightening and oppressive, based upon human fears and the insecurity wrought by where we are going, the trends of modernity which succumb to believability, and the suspicion that such dystopian consequences are actually possible.

Orwell was wrong, of course — Big Brother did not have to forcibly place tele-screens into people’s homes; instead, each of us volunteered to go out and purchase such spying screens, and with our own hard-earned money in the form of Smartphones, televisions and laptops.  And while no one comes and burns our books, we have effectively accomplished such a misdeed by slowly and incrementally converting them all into digital devices, thus ensuring that we won’t actually know whether the published content of a book is what was originally intended; for, he who controls the digital device has ultimate control over its content, whereas a book published in its original form cannot be altered except by forcible means.

As for Atwood’s theme and Ogawa’s portrayal of the world — they deal with the two aspects of a life in a frightening way: Of the subjugation of the body (The Handmaid’s Tale) and of controlling the mind (The Memory Police).  All are fictional works; yet, somehow we can “relate” to the stories being told. How is that? Is it because we have a dystopian perspective already prepared within us by society’s callous conduct?

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 his or her Federal or Postal job, the Dystopian Perspective is a very familiar one.  For, being ostracized; being condemned; being harassed and being subjected to unfair treatment — it all comes in a bundle once you can no longer “perform” at the level expected by the Federal Agency or the Postal Service.

When that Dystopian Perspective becomes unbearable, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.  And, while the Dystopian Perspective may not turn into an Utopian Reality, it is far better than the subjugation of the human mind and body that gets increasingly worse under Big Brother’s eye.

Sincerely,

Robert R. McGill, Esquire