Tag Archives: filing owcp dept claim after termination? a better idea is filing for permanent disability retirement (you got only one year after termination though)

Federal Disability Retirement: The Focus of Happiness

Self-focus necessarily leads to self-examination; and however one recites the variations of Socrates’ admonition, it essentially came to this: An unexamined life is not a worthy life.  And so the race to constantly examine ourselves has always been the focus of Western thought — both in the philosophical tradition, as well as in the theological tradition.  For, both Christianity and Judaism, also, require self-focus: of one’s actions, one’s sinful nature, and the need to self-correct in order to attain an entrance into heaven.

Eastern thought, generally speaking, of course (as all such discussions must embrace generalities unless we are to engage in an endless discussion of unattainable depth) engages in the opposite course of action: Whether Confucianism, which directs one to attain a level of filial piety in sacrificing for one’s family, or Zen Buddhism which calls for one to abandon the ego of self, the ultimate focus is to direct one’s self away from the very essence of self.

Thus is happiness not important or even relevant.  The obsession on one’s happiness, then, is often thought of as an unhealthy obsession more prevalent in thought because of the Western tradition of philosophy and theology.  But of both — Eastern and Western thought — health is a matter of concern quite apart from one’s happiness.  For, without health, there can be no happiness, no filial piety, and certainly not an abandonment of the self, precisely because without health, there can be no self to begin with, and thus no abandonment of the self.

For Federal Gov. employees and U.S. Postal Service workers who suffer form a medical condition which necessitates filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, it matters not whether the focus of happiness is the basis for the need to file for Federal Employee or Postal Worker Disability Retirement benefits.  In the end, nothing matters unless one maintains a basic level of health.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider that the focus of happiness begins, both in Eastern and Western thought, with the maintenance of one’s health, where mind and spirit must both retain a constant level of vitality in order to live a meaningful life.

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 Medical Retirement from OPM: The Altered Life

We tend to think that, at some point in our lives, there is a problem of the static — of lacking any action, movement or change.  Perhaps that is why some people engage in a life of crisis, of a second puberty or what was once termed “going through a phase” — of needing to suddenly change in an effort to grasp and hold onto one’s youth, whether misspent or not.

We see it today more and more — of old people trying to act like the foolish young; and so, why would there be any respect for age or wisdom, since everyone seems to be acting like every other young person?

There is, of course, some comfort found in the static life — as reliance and dependence upon a static world is the foundation of calm and peace.  The altered life — one of change, of new challenges and movement towards a different direction — often seems like a threatening and foreboding circumstance to avoid.

Medical conditions are like that — of an altered life, whether because one must face chronic pain, change the way one accepts a certain quality of life, or if it involves psychiatric conditions, a level of acceptance in one’s cognitive capacity.

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 altered life is consumed by the medical condition itself, and the way to counter the alteration is to combat it with another change — in the case of Federal and Postal employees, of considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider that the altered life need not remain static within an alteration you do not want to accept, but that there can be an altered life after the initial onset of the medical condition which altered your life to begin with.

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: Irrelevancies Magnified

Irrelevancies noted are often an indicator of a scheme for distraction; or, sometimes it is merely an incapability of the observer to miss the point.

Thus, for example, the fact that a person may have 20/20 vision but concurrently have blind spots encompassing over 50% of multiple quadrants of vision, doesn’t mean that a person can see adequately to read, drive, perform in one’s profession, etc.  From one perspective, the 20/20 vision is magnified upon those areas where the blind spots do not exist; from another perspective, it is the obstructive blind spots which are magnified — whereas, the irrelevancies of the 20/20 vision fail to be taken into account in the practical aspects of maneuvering in and about this world.

It is like seeing a naked man running down the street with a butcher knife — what is the relevant factor, the knife or his nakedness?

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 employee from performing one or more of the essential elements of one’s Federal or Postal job, watch out that OPM doesn’t focus upon the irrelevancies magnified — for, that is precisely what they do in denying a Federal Disability Retirement claim.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and make sure and rebut — whether preemptively or in response to a Reconsideration — the irrelevancies magnified by OPM.

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 Disability Retirement: Living Life’s Lessons

It is a conundrum to speak in such terms; for, one must step outside of one’s being in order to reflect upon “living” as something separate and distinct from what one does within the insular consciousness of one’s life; and to learn the “lessons” of life, and to live such lessons, is to have the capacity for detachment from a third-person perspective and not to be lost in the first-person consciousness.

Most of us simply “live life” without having a conscious sense of having an outsider’s perspective on how it is that we are “doing it”.  We believe that we are good at what we do; that we are efficient and fairly competent; and though there may be some mistakes made along the way, we can passably waive such moments away with the dismissive truism that, “Well, to err is human; to forgive, divine” — a line from Alexander Pope’s “Essay on Criticism”.

The concept of living life’s lessons must necessarily entail a more objective view of ourselves than the purity and insularity of one’s life as lived from a personal-pronoun “I” perspective.  It requires the capacity to “step outside” of one’s self, to view the self as a third party, to then apply lessons learned both from life’s gifts as well as misgivings, then to adjust that “other person” accordingly, and only thereafter, to proceed to step back into the self and proceed with the modifications and adaptations proposed.  Otherwise, we just blunder through as most people do, and continue to make the same mistakes over and over again.

For Federal employees and U.S. Postal workers seeking to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS, “living life’s lessons” and the capacity to step outside of the first-person and into the third-person is an important element for preparing an effective OPM Disability Retirement application.  For, to have an “objective” viewpoint is essential in putting together a persuasive Federal Disability Retirement application — in writing one’s Statement of Disability; of recognizing the sequence of events, medical conditions and evidentiary legal citations to include; and, more importantly, in maneuvering through the complex administrative process of a bureaucratic morass.

In the end, living life’s lessons may come down to simple adages that one has already learned, but perhaps forgotten — not the least of which is that a person who represents himself has a fool for a client.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

Medical Retirement under FERS & CSRS: The old man

There is a recognition — born of the enlightenment period in American History referred to merely as “The Sixties” — when a cultural adage was created, which went something like: “Age is not the sequence of years, but of a state of mind”.  Yes, those “Sixties” will one day be looked upon by historians and cultural commentators as that likened to “The Renaissance”, or “The Dark Ages”, or perhaps some other hiccup of historical divisions that bifurcates the “before” and “after” of enlightenment, tumultuous alterations and societal-tectonic shifts of some significance.

The Old Man (without the appendage of “and the Sea”, a reference obviously to the classic novel by Hemingway, who somewhat embodied the end of a Pre-Sixties era where machismo, big-game hunting and the “strong, silent type” was replaced with “sensitivity”, environmental protection and therapeutic sharing) is still regarded by an archetype of sticking to old ways, becoming intractable and clinging to conservatism in thought and actions.

Perhaps that is natural — as one degenerates upon a progressive scale of a downward turn, as on a scale of molecular deterioration leading to eventual decay and death — in that vicissitudes of major proportions can only be tolerated well by the young.  Yet, there is a truth to that old “Sixties adage”, that one’s attitude towards life in general, responsiveness to stimuli and new experiences, is always important in countering the staid phenomena of old age and becoming old.

Medical conditions, of course, can change everything — all at once.  If of physical ailments, one can feel like a young person in a cocoon of ancient origins or, if beset with psychiatric conditions, the disorienting phenomena of psychological trauma can leave one aged while locked into a young body.

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, it often feels like “the old man (or woman)” has arrived before his or her time.  We tend to focus too much upon historical shifts of tectonic proportions, when what really matters is the individual and the compelling narrative of singular lives.

Filing a Federal Disability Retirement application through the U.S. Office of Personnel Management may not have any great cultural impact upon history’s retrospective purview, but for the individual Federal or Postal employee who can no longer perform one or more of the essential elements of one’s Federal or Postal job, it is as important to prepare and formulate an effective OPM Disability Retirement packet as if one is entering a great tectonic shift.

A Federal Disability Retirement application is a significant event in the life of every Federal and Postal employee, and consultation with an attorney is a near “must” in order to get it prepared properly and efficiently.  As for “The Old Man (or Woman)” that one is afraid of being tagged as because it is time to file for Federal Disability Retirement benefits through OPM — leave that up to the cultural and historical commentators; it is individual lives that matter, and not the footnotes which are forgotten within the morass of vague historical references.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Last stands

Of course, the one that always pops up in one’s mind is the most ignoble of them all, with the image from the movies depicted over and over: Of a blond-haired, straggly and wild-eyed man with a mustache of extravagant vintage taking a desperate last stand against the charging Indians.  Custer’s last stand somehow reverberates throughout the mythology of the American West, even though folly is mistakenly replaced by some view of courage or other laudable character traits.

It is the last stand of American Lore; but there are many others besides, some known, most in the private worlds that never become public.  We all have them; the proverbial line in the sand, the wall against which our backs are blocked, or perhaps the final straw that breaks the camel’s back.

When Federal Agencies propose a removal of a Federal employee, it is the “last stand” both for the Federal agency as well as for the Federal employee.  Or, is it the “last straw”?  Is there a difference between the two?  The latter, of course, constitutes the final act by one or the other individual or entity, and represents a reflection of having no other alternative, no room for compromise and left with no other choice.  But that also describes the former, to the extent that it reflects a situation that allows for no further room but to remain resolved in whatever hill of pride or fortitude one must consecrate the grounds with.

Last stands, however, need not result in the consequences that Custer’s famous one represents.  It need not be the final arbiter of a life well lived, and still to be lived.  Yet, Federal and Postal employees 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 job, often look upon his or her medical condition as a “last stand” of sorts – one that ends one’s career and, in some mindsets, the very life that one is gifted with.

But keeping a balanced and proper perspective is important in all matters (though, for Custer as he realized that he had been boxed into a valley where there was no escape, perhaps there was no such thing as a “balanced perspective”), and the Federal or Postal employee finding him or herself in the “last stand” position of no longer being able to perform all of the essential elements of one’s job, is still left with some alternatives – one being, filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

It is an option that should be seriously considered, for having the benefit of a Federal Disability Retirement allows for a second career in the private sector or public state or local government, and allows the Federal or Postal employee to continue in another vocation or career, thus avoiding the disastrous consequences that have been historically annotated by Custer’s last stand.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Morning quietude

It is that early morning time when dogs remain still, mice scurry about and the soft snore of distant somber drifts down hallways without traffic of daily discourse.  Morning quietude is a slice of a coming day before the tumult of life begins.

Modernity possesses a level of activity heretofore untried and unimaginable; the constant barrage of emails, the connectedness that everyone feels pressured to comply with; the fact that we are glued to technology, dependent upon it, anticipating it for satisfying our every needs; and beyond the storms of everyday living, there is still a need for that brief period of morning quietude.  It is, in many ways, an extrapolated slice of a metaphorical interlude; for, like the stages of a linear life itself, there are periods of extremes that can be charted on any graph that reflects the daily heights and depths of human activity.

The other side of the spectrum, of course, is the nighttime rest – whether of the need for a period of “down-time” before turning in for the night; or even of sleep itself: how difficult, whether immediate or preceded by a period of insomnia; or even of tossing and turning throughout each night, every night.  Then, morning quietude dawns.  Does it last for very long, or will the rush of the day’s noisiness shatter any semblance of peaceful calm?

Medical conditions are likened to those mornings shaken and interrupted.  For, with unexpected rudeness, they awaken us from that slumber we feel where we were once immortal, invincible and unchallenged.  Then, one day we wake up and realize that we are all too human, and our bodies deteriorate, our minds begin to slip.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates one to begin considering 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, it is like that interruption of morning quietude that finally makes us realize that one has no choice in the matter.

Just as the peace and calm of early morning cannot last forever, so the Federal or Postal employee who cannot perform one or more of the essential elements of one’s Federal or Postal job cannot sit idly by and watch as events continue to deteriorate at one’s job, in one’s personal life, and the clash between health and work.  Filing for Federal Disability Retirement benefits is the next logical step after the morning quietude is broken – when the mice no longer make noises and the dogs begin to bark.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Fairytales, mythologies and lies

They all constitute the arena of “make-believe”.  Yet, we excuse the first, ignore the second, and feel guilt and shame for embracing the third – or, at least some of us, do.  Of fairytales, we share in the delight of passing on such tall tales of wonderlands and Eskimo nights full of shooting stars and talking Polar Bears; of mythologies, we recognize the need for lost civilizations to have embraced a means of explaining, but consider such trifles to be beyond the sophistication of modernity, and arrogantly dismiss such dusty irrelevancies as mere fodder for a fairytale told:  Once upon a time, Man lived in ignorance and could not comprehend the complexities of science, Darwinism and the unseen world of genetic engineering by happenstance of gravitational alliances in planetary designs of explainable phenomena; but we know better, now.  But of lies, the second is more akin; the first is excusable as an exception to the rule, especially when the innocence of childhood smiles warms the hearts of parental yearnings.

Rage, effrontery, a sense of betrayal, and a violation of integrity’s core; these become bundled up and spat out into the cauldron of people’s tolerance for acceptable behavior, and from an early age, we instill in children the parallel universes encompassing Fairytales, Mythologies and Lies without an inkling of self-contradiction.  And, again, of the middle one, we tolerate as mere poppycock by arrogance of modernity, in order to explain how our forefathers could tolerate that which we reflect in the first but not the third.  And of the third, we contend that we can abandon and banish the foundation of a Commandment, while preserving the moral explication justifying the mandate of Truthfulness, and so we embrace the linguistic gymnasts provided by forgotten giants of Philosophy’s past, like Kant’s maxims of universalization of principles otherwise untethered by metaphysical concerns, or even of John Stuart Mill’s failed Utilitarianism.

Then, we allow for exceptions – such as those hypotheticals where the black boots of horror’s past that knock on doors in the middle of the night and inquire as to hidden racial divides in the attic of one’s abode, but where lies and denials are justified in the greater cause of a choice between words and existence in the face of reality, Being and human cruelty.  For the person who must live daily within the consequences of what elitists and ivory-towered cocoons revive, the truth is that there never was a problem for most of us, between fairytales, mythologies and lies.  The first was for children to enjoy and learn from the lessons of innocence; the second, for adults to study in order to understand the origins of our being; and of the third, we recognize as the soul’s defect in Man.

For Federal employees and U.S. Postal workers who must contend with a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal position, the identification between the tripartite elements become quickly clear:  Fairytales are the promises made by the Federal agency and the U.S. Postal Service; Mythologies are the rules broken by the Federal agency and the U.S. Postal Service, but which are pointed to so as to create an impression of integrity; and lies are those statements made and exposed, but denied daily by the Federal agency and the U.S. Postal Service.  In the end, preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is one way of extricating one’s self from such fairytales, mythologies, and lies daily told.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Balance and Order in a Lost World

Once achieved, death destroys; it is the anomaly of life, that the linear progression leads toward its own terminus, and by slow and incremental degeneration, its own vivacity is defined by a sense of self-immolation.  The realization of attainment almost always occurs upon surpassing the apex of an ordering of one’s life, and so the inevitable decline necessarily diminishes any joy derived from self-reflection of having achieved that balance and order for which we strive.

We can pursue a lifetime of studying Aristotle’s Nicomachean Ethics, and the goal to achieve eudaemonia by living a life of virtue in accordance with reason, and thus comply with the essence of who we are, what we define ourselves as, and thereby fulfilling the conceptual construct of our own inventions.  Or, we can “chuck it all” and attribute absurdity to the universe, genetic predisposition as the defining essence of our being, and justify the arbitrary course of our lives by deconstructing the classical ordering of our civilization’s teleology.

Few of us consider ourselves to be the master of our own destiny; and fewer still, of much influence in the steerage of our direction or course.  We tend to believe in the magic of, “If only…” while simultaneously ignoring our freedom from society’s constraints and liberty’s folly.  And when tragedy befalls, we blame the collective conspiracies of the gods who view us as mere playthings, fodder for unenlightened determinism no more complex than a belief in superstitions once thought lost in the antiquity of timeless reservoirs of forgotten bookshelves.

For Federal employees and U.S. Postal workers who must suddenly end his or her career because of a medical condition, because the medical condition no longer allows the Federal or Postal worker to perform all of the essential elements of the Federal or Postal worker’s position description, the loss of balance and order is not just a hypothetical paradigm, but a reality enforced by circumstances beyond one’s control.

Indeed, the “world” within which such balance and order is lost, is not attributable to some greater concept of geopolitical significance, but one which touches directly upon the ephemeral plight of the here and now.  The striving for balance and the need for order; these are fundamental constructs required to maintain sanity and joy; and when the imbalance of life combined with the disorientation tethered by an unexpected medical condition intersects upon the rhythm of daily living, the shaking up of an otherwise tranquil life can appear to be devastating.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the necessary step in order to maintain that balance and order forever sought, and now interrupted by the gods of chance; and while the penultimate destiny of life’s striving may now appear to have lost its rationality for direction and purpose, it is always in the striving that one finds a way, and preparing, formulating and filing an effective Federal Disability Retirement application is often a means to a further end, if only to again regain a semblance of that balance and order once gained, and now temporarily lost, in a world already lost but for the insular privacy of one’s own happiness.

Sincerely,

Robert R. McGill, Esquire