Tag Archives: filling out disability retirement paperwork

Federal Employee Disability Retirement: Work Left Undone

That is why gardening and other similar endeavors help to calm the human mind; for, like the Zen of human existence, projects which have a starting point and end with results that can be observed with gratifying exclamations — like a rock garden finished and allowed to visibly appreciate — is a point in life which has been “done”.

Most of life’s work is that which is left undone — the son or daughter who left home too early; projects of which you participate in only a portion of; things you wanted to say but never had a chance to; dreams dreamed of but left as mere vestiges of feeble attempts left unfinished; and so we carry on with out lives, always with a detritus of abandoned work left undone.

For Federal employees and U.S. Postal workers who have come to a point in their medical conditions where there now exists an incompatibility between work and health, it may indeed be difficult to leave the work behind — work left undone.  But there is still the future to consider: of work which still can be done; of prioritizing the primary work left undone — your health.

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law, and consider that the Federal work left undone can always be picked up by someone else, whereas your health cannot.

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.

 

Postal and Federal Employee Disability Benefits: Trying Out New Things

Or approaches.  Or new ideas.  Is there ever anything wrong with that?

This is America — or so we like to say — the land of pioneers and the breed of explorers and entrepreneurs who reflect the “New World” approach to everything: stamp out the old, bring in the new.  But at what cost?

That is, of course, the essence of the debate:  Of whether there is justification, moral or otherwise, to allow for the “new” to replace the “old”.  And, what if the “new” is merely a short-term fancy which has never been tried and tested?

We are doing much of that these days — of subjecting everyone to Smartphones and Internet-based learning, without any data regarding the long-term effects of such approaches; of non-judgmental therapeutic methods which fail to hold people accountable for their actions; and, somehow, we have bought into the idea that “new” is a synonym for “good”.

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, trying out the “new thing” called Federal Disability Retirement is not really anything new; rather, it may be a newly-acquired consideration prompted by your medical condition and the need for change, but the reality is that there is a long and tested body of law which will determine whether or not you are eligible for Federal Disability Retirement benefits.

It is “old” in the sense that it has been around for a long time, but “new” to you because you may not have needed to consider it until lately.

Contact an OPM Lawyer who specializes in Federal Disability Retirement Law and begin the process of trying out this “new” thing, which is actually an “old” thing, but in trying it out, has become entirely new to you.

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 and Postal Worker Medical Retirement: The Retreat of Solace

Everyone, without exception, must find that slice of heaven — that retreat of solace.  Whether it is found in reading; in a hobby; a dog to cuddle with; children, for a time, at least; kite flying; stamp collection; even video games????

Life is difficult.  As Hobbes would put it, the “life of man, solitary, poor, nasty, brutish and short…”.  Has it changed much?  Certainly, some progress has been made.

Reading history, especially about the frontier days in late 18th Century and early 19th Century America — of the constant warring, torture and killings; yet, despite a more “civilized” world (minus Afghanistan and Chicago), life is hard and the retreat of solace is an important element to discover, preserve and protect.

Some find it merely in the lost world of fiction and the novel; others, in more physical activities — a friendly pick-up game of basketball; a weekend round of golf; a solitary walk in the woods.  Whether refreshing one’s insular universe by means of physical exercise of the body, or allowing for a respite of that private world escaping into a fantasy world, the means of such change of scenery depends upon the personality of the individual.

What happens when a medical condition interrupts that retreat of solace?  The insidiousness of chronic pain or constant anxiety makes for the retreat of solace to become untenable, precisely because a temporary escape from this hard reality called “living” is no longer possible.

Filing for Federal Disability Retirement benefits allows for the Federal or Postal worker to attain a future security in order to regain the retreat of solace.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and begin the process of reasserting the lost ground of the retreat of solace.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Retirement from OPM: Crisis Before and Problem After

A crisis is often the problem which was previously procrastinated.  Allowing it to build up to a point of a crisis-event — an emergency that needs to be immediately attended to — is something which many of us do.  It is the immediacy of anything that finally focuses us to attend to the issue; with our busy lives, we tend to ignore, put off and delay that which does not “have to” be dealt with.

But it is often the problem after that continues to haunt and nag.  We can attend to this or that crisis, but the resultant consequences trailing thereafter will often be the long-term conditions which have a residual impact long lasting, and while the crisis may have been handled, it is the problem after that will often defeat.

Look at our national debt.  So long as our country can continue to borrow, it is not a crisis, and so none of the politicians deem it a necessary issue to discuss.  By the time it becomes a crisis, none of the politicians who are in office today will be there, and so there will never be any accountability.  Yet, the problem after the crisis will remain for decades thereafter, if not longer.

And what about a health crisis?  Delay, procrastinate and disregard — until the health issue becomes a crisis; and the problem thereafter is often the chronic, progressively debilitating disability that remains.

And what about one’s job or career?  For Federal employees and U.S. Postal workers who suffer from a medical condition such that it is becoming apparent that the medical condition will no longer allow you to continue in your job, consult with a Federal Attorney who specializes in FERS Disability Retirement Law.  Deal with the coming crisis now, lest the problem after becomes unsolvable.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Sun rise, son set

Can homonyms be mistakenly utilized in spoken language, or only if written?  When we speak, do we have a conceptualized entity of the sentence spoken within the mind’s eye, or is it all just the blather of our own voice which prevails upon the sensitive ears of others?  If we have a word misspelled in our own minds as we speak of it, does it count?

Or, what do you make of a person who says, “I believe that the son is about to set”, then apologizes profusely, saying, “Oh, I am so sorry for the mistake; I was thinking about my son just as the sun was about to set, and mistakenly inserted one for the other as I declared the sun about to set.”  Does it even make sense to apologize?  Yet, in his own mind, he has made an error that needed to be corrected, so the further question would be: Can an error be one if no one else but the person who made the error recognizes it?

Oh, but if only this were true in all sectors of life — take, as another example, a person who finds that his bank account has been deposited with an astronomical sum: instead of $200.00 deposited on Thursday, the bank records show a deposit of 2 millions dollars.  You go to the bank and inquire, and the bank manager treats you like royalty and says, “No, no, there was no error; it was definitely a deposit of 2 million dollars.”  You know that an error has been committed; no one else will acknowledge it, and feigns either ignorance or rebuts your presumptuousness that you are correct and all others are wrong.

Is such a case similar to the one about homonyms in one’s own private world?

Or how about its opposite — Son rise, sun set.  You say that to someone else — “Yes, the son will rise, and the sun will set.”  It appears to sound like one of those pithy statements that is meant to be profound: “Yes, the sun will rise, and the sun will set”, stated as a factual matter that cannot be disputed.  Was an error made?  Do you turn to the individual who made the declarative assessment and correct him — “Excuse me, but you misspelled the first ‘son’ and should have been ‘sun’”?  And to that, what if the speaker says, “No, I meant it as it is spelled; you see, my son gets up to go to work when the sun sets.”

Of course, how would we know unless the speaker were to spell the words out as he is speaking — you know, that annoying habit that people engage in when they think that everyone around is an idiot who cannot spell, as in: “Now, watch as the entourage — e-n-t-o-u-r-a-g-e for those who don’t know how to spell and who don’t know the meaning of the word — comes into view.”  To such people, we roll eyes and step a distance away.

For Federal employees and U.S. Postal workers who are wondering what homonyms have to do with Federal Disability Retirement issues, the short answer is: Not much.  Instead, the point of it all is to have the Federal and Postal employee understand that preparing 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, is much like having a private thought — the medical condition — which is suddenly revealed only after we choose to do so.

Medical conditions are extremely private and sensitive matters, and are often hidden by taking great extremes of cautionary steps.  Privacy is crucial, but when the decision is finally made to prepare, formulate and file an effective Federal Disability Retirement application, you must accept that others will come to know the reality of the privacy you have protected for so long — somewhat like the sun rising and the son setting, only with greater significance and painful reality.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Admitting defeat

It is probably the single most difficult thing to do in life, and its inability reflects upon the abysmal state of education, both higher and lower.  The manner in which education is perpetuated – where “right answers” receive accolades and admitting of defeat merely alters the pecking order of who is admired and who are relegated to the detritus of human society – merely reinforces the greater loss of empathy, the destruction of civility and the coarsening of society.

Facebook, too, merely perpetuates the focus upon destroying an opponent and quieting any voices that may provide a quiet revolution, as alternate voices are silenced into submission by mere meanness of bombardment and repetition.  Some would applaud this all-too Darwinian approach as merely reinforcing the innate nature of “survival of the fittest” – for, admitting defeat is tantamount to revealing weakness, and the weak are mere fodder for the strong and stronger.

Whether in argumentation of discourse or fighting battles, wars – real or virtual – or verbal encounters characterized as harmless skirmishes on the Internet, it matters not anymore the manner in which one prevails, only that one does reach the apex of any endeavor, profession or undertaking.

Once upon a time, there were some rules of engagement – of a civil discourse where debates were conducted in quiet tones and respectful venues, and where humility called for admission of recognizing the greater argument which results in establishing the goal for the greater good.  Now, it matters not the means; for the end justifies the means and if you can shout down the opponent, lie about the facts and cheat around the strategy, it is the winner who is looked up to and the victor who walks away with the spoils.

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 positional duties, it may be that the best way to avoid admitting defeat is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, but somehow one’s priorities have become skewered in this obsessive-world where admitting a medical condition is tantamount to admitting defeat, as opposed to merely recognizing the limits of human endurance and the frailty of the human condition.

Fortunately, the rules governing Federal Disability Retirement benefits allow for the Federal or Postal employee receiving Federal Disability Retirement benefits to go out into the private sector, or even into the state or local government, and work at another job or vocation and make up to 80% of what one’s Federal Government or Postal job currently pays, and thus, to that extent, obtaining a Federal Disability Retirement annuity is not considered admitting defeat, but merely a change of venue in the pathways of life’s complexities throughout.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The chaos of life

Of masochism, there are indeed some who purport to invite the chaos of life, and actually enjoy it, relish in it and thrive in it.  Its opposite is considered monotonous, lacking of artistic content and without the excitement of unpredictability.  Yet, even those who thrive within the chaos of life will often need that period of respite, whether with a quiet moment of reflection, a night of reading beside a crackling fire, or just dozing in front of the drone of a television.

EMT personnel often require such a personality trait; firemen, law enforcement officers, and nowadays, teachers, professors and other educators, if only because the chaos that unruly and undisciplined children, teenagers and young adults bring into the classroom.

Perhaps it was a childhood upbringing; it is often said by learned psychologists that battered people tend to themselves batter upon reaching maturity, because they find solace in the comfort of that which they are familiar, and so the behaviors they learned and were imprinted upon as a child are the very patterns that are comforting; and thus does the vicious cycle of life – such as the chaos of life – recur and regenerate, only to imprint the same cycle upon the next generation.

Those who sincerely crave the very opposite – of a regularity in monotony of patterns predictable in their characteristic of non-change – are often criticized for failing to be able to “deal” with the chaos of life, and so the argument goes that those who thrive upon the chaos of life are better prepared for the vicissitudes of life’s misgivings.

Medical conditions comprise a sort of chaos of life, but whether one is “well-prepared” for it or not, it is something that must be “dealt” with.  It is, in the end, doubtful whether a person’s life prior to the entrance and introduction of a medical condition can adequately prepare one to “deal with it”.

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 the Federal or Postal job, part of the process in dealing with such a chaos of life is to prepare an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

In such a case, instead of dealing with the chaos of preparing, formulating and filing an effective Federal Disability Retirement application yourself, you may want to consider hiring an attorney who specializes in such legal matters.

In this vast universe that includes the encumbrances deemed the chaos of life, we must all make choices as to which portion of the chaos we want to personally handle; for, in the end, the chaos of life, how we handle it and what benefit accrues from it will all be determined by the outcome of the event – and for Federal and Postal employees, that outcome-based perspective is the resulting approval by the U.S. Office of Personnel Management on a Federal Disability Retirement claim, where once the approval is obtained, the chaos of life may be turned into a respite of relief.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: A breach of instinct

What if? that fragile balance that exists in nature, seen when squirrels scrounge about in search of roots and nuts, moving within the tranquil space besides cardinals, woodpeckers, rabbits and robins abounding when, suddenly, birds attack the rabbits and squirrels, and in turn, the rabbits and squirrels chase one another and attempt to catch and devour the birds, and the mayhem that follows goes on for an unceasing eternity.

Of course, such a scene is not “nature” in its nakedness, but a scene from a suburban backyard, whereas in the true “state of nature”, in the distant woodlands not easily traversed by the human eye (are there such places, anymore?), such scenes of predatory confrontation held by a tentative and tacit agreement of abeyance may occur daily. Or, in those National Geographic scenes, where there is a quietude of implied ceasefire in birds standing atop the backs of hippos and rhinos pecking away calmly at whatever delectable insects abound, and their sturdy underlings happily go about their business – what if, suddenly, the hippo or rhino turns around and with a swift lunge of its massive neck, grabs that bird and devours it whole?

Was there a breach of an implied or tacit agreement, a breach of instinct, or both? When such “agreements” develop within a slow, steady and evolutionary process, over a period of time imperceptible but for the peace and tranquility it creates, and everyone is perfectly content with the circumstances ensconced by tradition and the state of current affairs, what leads to the breach, what are the consequences and is there blame to be spread about?

What if a rogue animal one day just declares to itself, “The hell with this; I was never a party to this agreement, and so I shall do as I please” – what then? Is it not true that no true “breach” has been committed, as the parties were never official signatories to the agreement, explicit, implicit, tacit or otherwise? Who determines that there ever existed such an agreement, anyway, and where is it written in the “rules of order” that certain sequence of decorum must be followed?

That is, of course, the crux of the matter; for, what is the retort of those who have no ethical or moral compass, but to sneer with the declarative, “Show me where it is written!”

For Federal employees and U.S. Postal workers who are preparing to file for Federal Disability Retirement benefits because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job, the presumption is that tacit or implied standards of conduct is often tested at the outset, both by the Federal agency or Postal Service, and even by OPM.

You rely upon the rules, but the Agency may completely ignore them. If you are a Postal employee, this is to be expected.

Yes, there are laws, but so long as silence governs the assertion of rights denied, a breach of instinct becomes the rule of law and the depiction by Locke and Rousseau of that “State of Nature” devolving into a “State of War” can become a contentious state of affairs unless, in the very process of preparing, formulating and filing for Federal Disability Retirement benefits, the Federal or Postal Disability Retirement applicant asserts the legal precedents controlling and constraining the fragile balance that restrains a breach of instinct.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Still Life

The meaning can evoke a duality of concepts; of the artistic mode, where self-contradiction is inherent – for, it is often in depictions of inanimate objects, presented in combinations not normally seen in true living circumstances, that the artist arranges in order to capture a semblance of that which is never, or rarely, encountered.  Or of the alternate implication:  Once thought to have been deceased, the realization that there is yet a soul to revive, an aspiration to embrace, and hope again to realize.

Both, however, have something in common:  A frozen placement for all of eternity to encapsulate; the organic matter from which to work with, endure through and contrast to the opposite – of Nothingness devoid of any purpose, teleology or construct of animation; and the two together will posit a compound concept of contrasting contradictions:  loss of movement, but gain of Being.  But, then, that is so often true of daily living, isn’t it?

There is a contradiction in what we do; on the face of it, we appear to be “doing something”; but deep within the recesses of our thoughtful doubts, we know that we are failing to accomplish the hope of our dreams, the aspirations still surviving deep within our hearts, and the very failure of moving towards that which we desire, diminishes our inner selves and begins to slowly, insidiously shrivel the core of our souls.

Medical conditions tend to have that effect, and when the “outside” world begins to confirm that which we fear, the shriveling effect becomes accelerated on an exponential scale where proportionality of judgment becomes askew and fails to meet the expectations of our own essences.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to pervasively impact all aspects of life – home, recreational, work and relational – the danger is that of a Still Life painting:  the combination of events and objects are not what they are supposed to be, and the encounter with “real” life no longer allows for further movement.

We become stuck in a painting arranged by someone else, and more and more, we lose greater control over our own destiny.  And in the alternative meaning of that concept – that we “still” have some life in us – is where taking the pragmatic steps toward preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset comes into play.

Still Life does not have to prevent movement where there is still life; and for the Federal or Postal employee who is no longer able to advance because a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, it is the Still Life painting which represents the impetus that there is still life to be lived beyond one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Myth of Upward Progression

We like to think that life is represented by a linear curve of upward progression; in reality, most of us reach an apex, then remain static and content in the late summer years of our lives.  There is nothing wrong with such a state of affairs; as contentment and comfort embrace a spectrum of stability, so the refusal of change and resistance to vicissitude are not indicators of laziness, as once thought in former days of youth where transition, sacrifice and relinquishment of stability were necessary for purposes of future advancement.

Most of us, within a defined minefield of progress and regress, remain within an invisible glass casing of immobility.  Perhaps there is a major financial setback in a given year; or, a promotion or cash incentive award had not been achieved; but in the year following, or the next beyond, it is attained; or an unexpected windfall allows for greater stability least anticipated and most gratifying.

In a sense, we delude ourselves.  But so long as we remain within a constancy of comfort, where an appearance of major retrogression cannot be palpably discerned, contentment prevails, and the bother of breaking new grounds, moving to a larger house, taking on greater responsibilities, adding to headaches and stresses, can be quietly forsaken, left with the self-satisfaction that quietude is a byproduct of a goal once sought for, and achieved without fanfare or celebration.  It is when the bounds of contentment are scattered, the barriers of satisfaction crumbling, when the call to action is suddenly a turmoil of exoneration, and peace as shattered glass stepped upon in bare feet of bleeding souls, that affirmative movement must then be spurred, leaving behind those spurned opportunities once thought cumbersome.

Medical conditions have a tendency to create such circumstances of unrest.  For Federal employees and U.S. Postal workers who suddenly find that the chaos of inchoate situations developing because of a chronic and progressively deteriorating medical condition impacts upon the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties, the possibility and need for 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, becomes a reality which disturbs and perturbs the quietude of living contentedly.

When a medical condition disrupts that glass bowl of satisfaction, the myth of upward progression becomes shattered, because suddenly all that one has worked to achieve may be in doubt.

Most of us are happy to just find that small oasis within the turbulent oceans of insanity we designate as “civilized society”; but for the Federal or Postal employee who must contend with a medical condition such that the medical condition threatens the very foundation of one’s hard-fought dreams and desultory circumstances, consideration needs to be given to preparing, formulating and filing for Federal Disability Retirement benefits through OPM, if only to resist the temptation that static circumstances are a foregone conclusion, or that the myth of upward progression cannot be defeated by planning for the next great adventure in this, a universe of turbulence of unexpected turmoil.

Sincerely,

Robert R. McGill, Esquire