Tag Archives: filing an opm disability appeal with the best attorney in the nation

Federal Disability Retirement: Rumors and Other Things

They have an origin and a motivation.  The origin is important; the motivation, perhaps just as much; for, the former is significant if a query is made for the validation of truth, while the latter may be relevant as to the reason for its inception and contagiousness.

Rumors tend to take on a life of their own.  If they are delicious and sufficiently salacious, people enjoy spreading them, some with aplomb, too many with a sense of mischievous delight.  When they are false and harm the reputation of others, everyone denies having spread them when confronted, and express a false sense of amazed innocence, as if being accused of spreading rumors were beneath the dignity of one’s moral character.

Yet, delight and giddy excitement are normally the propellants of the salacious, and once triggered, the next in line believes that he or she is spreading the rumor out of a sense of “helping others” by the prefatory statement, preceded by a clearing of one’s throat, of: “I need your advice — I had heard that…”.

Of course, if the rumor turns out to be true, then the truth of the matter, no matter the motivation behind it, becomes self-validating for the spreading of such a rumor; and if false, then everyone and anyone who has engaged in its spreading immediately raises one’s hands and denies both the origin and any underlying motivation.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition compels and necessitates the proper and effective preparation, formulating and filing of an effective Federal Disability Retirement application under FERS to the U.S. Office of Personnel Management, the recognition that there will always be rumors and other things spread throughout the process of filing an OPM Disability Retirement application, is an important recognition to embrace.

Don’t let rumors (and other things) sidetrack the primary focus and goal: To obtain an approval from OPM and move beyond the rumor-mill of offices, reddened-ears and false rabbit holes that lead you astray.

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 Retirement Law: The Village

On the political spectrum, conservatives scoffed at the idea (represented as a target of a book written by a hated political figure on the left); and liberals constantly embraced the idea, despite repeated labeling of socialism and unwanted interference from others.

The idea of the “rugged individual” as opposed to a cradle-to-cremation nanny state — the conceptual opposites are characterized by the false narrative of extreme choices, of a disjunctive which is no longer applicable, and a failure to have a productive discussion.

Most people actually hold dear the idea of a “village” — of a caring and close community.  On the other hand, most people also want the opportunity to be able to become “successful” without the burden of over-taxation and government interference.  Can both be concurrently established?  Can a balance be attained?

Federal Disability Retirement is a paradigm for that balance.  For, while it pays an annuity to the Federal retiree based upon a disability which prevents him or her from performing one or more of the essential elements of the Federal or Postal job, yet it allows for that individual to remain productive and go out into the private sector and make up to 80% of what his or her former position currently pays.  It is a system whereby “the village” allows for both — an annuity from the “nanny state”, and an allowance to remain productive and “successful”.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether or not you can qualify for entrance into the Village.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal Government Employees: Whose Fault?

Where the blame attaches, the responsibility follows.  Blame is always a component of responsibility; they are cousins attached at the heart, or at the very least upon the stem of the brain.  Whenever anything happens in life, the second question is always, Whose fault?  Assuming that the first question had to do with the event itself (i.e., What happened? How did it happen? — which is a query that comes close to the “Whose Fault?” Question, etc.), the second and subsequent questions almost always seek to blame.

Why is that?  Well, for one thing, causation is often tied to the one who causes — the perpetrator of the action which triggers the series of events resulting in the calamity, etc.  An investigation into an accident; a man-made disaster that results in destruction; a negligent act causing harm; these, and many others, point to a cause whose origins point to fault and blame.  What follows thereafter is what we deem as “responsibility”; that the person to whom blame attaches is “responsible”, and concomitant consequences must then follow.

But what of medical conditions?  Can one attach “fault” or “blame”?  Whatever the answer to that question, the treatment the Federal Agency attaches to a Federal or Postal employee is akin to asking the question, Whose Fault?  For, once a Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal job, the manner in which the Federal Agency or the Postal Service treats the Federal or Postal employee is tantamount to asking the question, Whose Fault?

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin considering the process of filing for Federal Disability Retirement benefits, lest the Federal Agency or the Postal unit you work at deems you to be “at fault”, even though medical conditions are, indeed, a “no-fault” incident.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Pure fun

Are we the only species who does that?  Do other species engage in the sheer pleasure of its purity, without regard to any instructional end or substantive gain resulting therefrom?

Of course, anthropomorphism often presides when issues of interpretive psychology is involved; and thus do we say when the lioness and her cubs are engaging in playful wrestling, that she is “teaching” them how to interact within acceptable boundaries; or when dogs race around with abandonment, that they are letting go their pent-up energy, etc.

Whether with purposive resolve or not, the purity of engaging in pleasurable activities is a necessary component of life; it is for those pleasurable moments, however few, far-between and of whatever nature, for which the remainder of human drudgery becomes worthwhile to endure.  The ratio between “work” and “pleasure” may be different for each individual — i.e., for some, it may be an acceptable threshold to maintain a balance between 80% work and 20% pleasure; or, perhaps, of 2% versus 98%, or thereabouts.

When the recipe bifurcating the two goes askew — where leisurely activities without seemingly purposive intent outweighs one over the other, we then begin to suspect and allege hedonism, wastefulness and wanton loss of self-worth.  Why is that?  Can one not have pure fun each and every day, for every waking moment, without being looked down upon with judgmental eyes of damning disdain?

For Federal employees and U.S. 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 one’s Federal or Postal job, the question of a ratio between “work” and “pleasure” has already been resolved and answered: For, with a medical condition, there is no acceptable level of balance between the two.

Medical conditions by their very definition conflate and confuse the two; no longer is it possible to escape the vicious cycle of work-and-no-pleasure, precisely because the pain of the medical condition disrupts both.

When that threshold of balance between work and leisure becomes so out-of-whack that life’s pleasurable moments, however small and limited, can no longer be enjoyed, then it is time to prepare, formulate and file for Federal Disability Retirement benefits under FERS, so that the ratio between work and play can be regained to the extent that “pure fun” can attain its semblance of purity, and where “fun” can again be enjoyed without the interruption of life’s drudgery.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Gathering

They come from afar, and wide across the expanse of multiple cities, towns, and whether from rural areas or suburban neighborhoods, the criss-crossing of America is a tradition reserved for those special holidays where families gather, friends reminisce and relations pick up where old memories had left off.  “The Gathering” may be a once-yearly event, or perhaps a couple of times, and only once in a decade moment; however often, whatever the occasion, it is a time of recollection, reminiscence, restoration and rejuvenation.

Sometimes, even a gathering with people you hardly knew, or didn’t particularly like, is enjoyable enough, and though you might in the middle of the chatter say to yourself, “Why am I even here?” —yet, it is the mere presence of belonging that harkens one back to the lanes of memories that will not let go, like the dog that has locked its jaws onto your pant-leg and will not release you until you have finally relented.

Of course, there are other “types” of gatherings that are not so enjoyable or which bring a sense of warmth and joy — as in the “gathering” of Supervisors or Managers in conjunction with Human Resource Personnel who attempt to subvert, initiate adverse actions and conspire to make the life of a Federal or Postal employee a “hell on earth”.

Federal employees and Postal workers who suffer form 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 are at a stark disadvantage when it comes to filing for Federal Disability Retirement benefits: Often, the Human Resource Office of one’s own agency is neither helpful nor mindful of the confidentiality of even asking a casual question.

A simple question like, “What forms need to be completed in order to file for Federal Disability Retirement?” — may suddenly lead to a wildfire of rumors and innuendoes concerning one’s motive, intention and future plans, and suddenly the “point-person” becomes the pariah and a gathering of managers and supervisors suddenly materializes like a an unexpected dust storm in the middle of the Gobi Desert.

Not all gatherings are equal; some are for the happiness of memories recollected; others, a conspiracy to initiate adverse actions and to undermine the future plans of a well-intended act.  For the Federal employee or Postal worker who must begin to prepare, formulate and file an effective Federal Disability Retirement application, “The Gathering” one should be most concerned about is the one to which you were never invited, so beware of the things you say, to whom you say it, and when you make the query.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Retirement: Thinking

What constitutes it?  What is the evidence that it was engaged in?  When a person is charged with “premeditation” in the perpetration of a crime, and therefore ascription of full responsibility is used to convict and assign a greater length of incarceration, what methodological intricacies are involved?

Take the following hypothetical:  A man walks into a candy store and grabs a Snicker’s Bar, and runs out of the store without paying for it.  He is nabbed.  At the trial of the matter, the prosecutor gives the following summation to the judge:  “Your honor, this man clearly thought about it.  He entered the store, looked about, and deliberately took the Snicker’s Bar and ran out without paying, knowing that he did not pay it — otherwise, why would be have run?  Indeed, when the police caught him, he yelled, “I was hungry!”  That statement alone shows that the man knew he had not paid for it, for it was an admission of a motive, and thus, it is a clear indication that he thought about stealing it, walked into the store and with criminal intent stole the candy bar.  Only the death penalty would be appropriate for one with such premeditative intent, as he is a danger to society!”

Now, contrast this with the following:  The Candy Store’s automatic door opens, and an animal — a neighborhood dog — saunters in, sniffs about, and no one really notices.  The dog grabs a Snicker’s Bar, gobbles it.  Passersby watch.  The store’s owner notices, laughs, shoos the dog out the door.  Why do we not think that the dog “thought” about it?  Why is “thinking” ascribed to the human being, but not to the animal?  What is it about the actions of the two species that differentiates them?  Does the mere fact that we able able to speak, formulate words and convey thoughts, whether pre-or-post action confirm that any extent of reflective processes occurred?  Is the process of “thinking” always productive — i.e., leads to actions that are fruitful, or is much of it simply an insular activity that results in no great consequence?

For Federal employees and U.S. Postal workers who are “thinking” about filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “thinking” about it is to take the next step and act upon the thought.  People often think that thinking is a productive activity, so long as it remains active and continuous.  But thought can also negate and prevent, and too much thinking, or not enough, can often become an obstacle to the necessary next step.

In order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the key to productive thinking is not merely to engage in it as an insular, solitary activity, but to have the consultation and advice of an attorney who specializes in Federal Disability Retirement, lest merely thinking about it leads to an unthoughtful act that leads one to believe that the very thinking itself was thoughtless.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Life’s mortgage

We all know well the concept behind it – of borrowing against the object itself, in order to “half-possess”, occupy and enjoy it presently against a future promise that it will be paid over an incremental period of time.  Sort of like life itself, or at least of one’s health.  Borrowed time; life’s mortgage; banking on a better tomorrow; relying upon a promise being kept based upon today’s favorable circumstances over a lengthy period of time well into a future we can never be certain about.

Yet, because the collateral is the object itself – normally, the house that is being mortgaged – the loaning institution actually doesn’t take any gamble at all, even if the value of the collateral plunges below the agreed-upon amount to be paid; one is still obligated, no matter what.

It is sort of like life’s challenge itself – of the promise of a promising life based upon an anticipated health that will last until the day when one is suddenly gone.  But life doesn’t always work that way, just as the mortgage, lien and promise of financial growth doesn’t quite always fold out as planned, like the scrolled blueprint that keeps trying to roll back into an obscured cylinder with each attempt to lay it flat.

Sickness occurs; health deteriorates; the 30-year mortgage that was promised at the onset of the contract signed doesn’t unfold as anticipated, and sometimes a default occurs – like the health that deteriorates and the career that must be ended.

Federal Disability Retirement is a benefit accorded to all Federal and Postal employees under FERS, CSRS or CSRS Offset, based upon the idea that recognizes that while a long-term commitment to a career is reasonably anticipated, there are instances where such a commitment may need to be modified in the event of failing health.  Unlike the bank’s position in a mortgage-relationship as lender-to-borrower, however, it is not quite all that one-sided.  There are options still open.

Thus, because Federal Disability Retirement requires only that a person be unable to perform one or more of the essential elements of one’s position being occupied, the Federal or Postal employee is allowed to go out into the private sector and work at a job somewhat dissimilar (so long as there are “essential elements” which are not identical to the former Federal or Postal position), and make up to 80% of what the former Federal or Postal job pays currently.

For, in the end, life’s mortgage is unlike the home mortgage where the lender holds all of the proverbial cards; at least for the former, the great thing is that the reliance is upon the capacity of man’s ability, and not upon the fine print hidden within the banker’s contract.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Asylum

As an active noun, it can mean the protection accorded to a migrant seeking refuge and escape from persecution; in a passive sense, it is an institution with a historical connotation of ill-treatment and mistreatment, imposed against the will of another who may be unable to care for oneself.  In either implied denotations, it reflects a protective refuge, either against the outside forces by within, or in response to inner spirits imagined without.

In rarer moments of perceptive translucence, one sees the need for the imposition of both definitions upon an allegedly sane universe.  Like the story by Hans Christian Andersen, The Emperor’s New Clothes, it isn’t until we stop ourselves and pause for reflection, like the boy who shouted out that, indeed, the Emperor is wearing none, that the need for an asylum is everywhere to be discovered.

Federal employees and U.S. Postal workers observe and witness such an event each day, every hour.  For Federal employees with a medical condition, and Postal workers who suffer through the agony of daily turmoil because “management” will not allow an injured worker to be accommodated, the abuse and misuse of people — the very resource of civilization which should be protected like precious gems to be admired and revered — is palpable and ultimately inexcusable.

Federal Disability Retirement should not be the final refuge of asylum seekers, but it often is.  It isn’t that Federal or Postal workers turn at the first opportunity to seek the protective walls of escape, but Federal and Postal workers often have no other choice.  If allowed to recuperate and regain one’s sense of equilibrium and repose, it may be that the wealth of experience and knowledge gained through years and decades of work could be re-channeled, but Federal agencies and the U.S. Postal Service rarely see it that way, and instead view all individuals as merely short-term investments.

Asylums are built to protect, but when the patients have run amok and control the very institutions designed to provide the refuge needed, it is then time for the Federal or Postal worker seeking assistance in filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, to contact an attorney to escape from the madness of antiseptic walls crawling with imaginary creepy-crawlies — or those who control the levers of power in the Federal agencies and the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Time Was, When…

Reminiscences represent a harbinger of the state of existence and the mental attitude of individuals; once engaged, they reveal the past-oriented focus, as opposed to the future dreams of youth.

Do young people reminisce?  At what point does one engage in such leisurely exercise?  And the spectrum of historical context, or the lack thereof — does the limited span of a past life determine the narrow course of future remembering?

It is always a danger to place too glowing and positive a light on the past; for, as present circumstances may be a pocket of discontent, so the warped perspective may, by contrast, create a fictional scenery of the past by unknowingly diminishing and extinguishing less notable events once experienced.

For Federal employees and U.S. Postal workers who are subjected to the hostility of one’s own agency because of the manifested impact of a medical condition upon one’s capacity to perform the essential elements of one’s positional duties, it is natural to embrace the refrain, “In the good old days”.  Health often brings that careless attitude of flippant fortitude; it is when we have something that we unknowingly take for granted, and when it becomes diminished, or is suddenly gone, the human tendency of regret and return of rectitude begins to pervade.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the pathway out of the muddle of reminiscence; there is, perhaps not yet known to the Federal or Postal employee, life beyond the Federal government or the Postal Service.  If too much time is spent in the past, then the robber barons of yesteryear pervade in the present, to rob one’s future.

Filing for Federal Disability Retirement benefits through OPM is not merely for escapism from a current “bad” situation; it is to secure the future such that there will be one, where one day in the twilight of a life, one can look upon the current negative circumstances and begin with the reminiscence of, “Time was, when…

Sincerely,

Robert R. McGill, Esquire