Tag Archives: getting disability opm for federal and/or usps postal employees

FERS Medical Disability Retirement: Health at What Price

Everything has a price to pay — whether in terms of monetary value, or by some other quantification, by terms of labor, effort expended, a return of some negligible cost, etc.  In a capitalistic society, we tend to think always in terms of bartered values — is doing X “worthwhile”?  Does buying Y give me the best value for the money expended?

Then, there are times when no amount of money can “make up” for the experience or phenomena, as in precious moments with your kids, the expensive but “once-in-a-lifetime” trip to Rome; or even to a restaurant to celebrate an event.

In this country, where money determines status, accessibility and opportunity to an exponential degree, the language of price, value and bartering of commodities is diffusely peppered throughout our cognitive dictionaries.  Does everything have a price?  Can anything be bought, bartered and traded for?  Can you put a pice on your health?

For Federal employees and Postal Workers who suffer from a illness or disability such that this particular illness or disability prevents the Federal or Postal employee from performing one or more of the basic elements of one’s Federal job, the issue of health — the deterioration, the chronic and progressive symptoms involved — is often tied closely to whether continuing to work at the Federal or Postal job further exacerbates the decline of your health.

When that point comes — of that critical juncture where continuation in the job adds to the decline of your health — then it is time to ask the question, My health at what price?

And when you arrive at that critical juncture, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider that important question, Health at What Price?

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 Help: Problem Solving

How does one learn how to do it?  Does it begin in childhood, by “working” with toys, in being allowed the patience of time in “working things out”; of being taught that frustration comes when impatience intercedes and confuses the two conceptual entities:  of process and goal?  How much does a “helicopter” parent impede a child’s capacity to learn it?

You know — those parents who are constantly on their cellphones, hovering nearby; then, the parent suddenly looks up and sees the neglected child tottering on a dangerous ledge 2 feet high and rushes over to swoop the child to safety lest the poor child falls upon a soft bed of mulch below.

Of connecting train-tracks on the living room floor; figuring out that unless the tracks are properly connected, derailment will occur; Of putting the right letter into the matching slot; or, instead of the child being allowed sufficient time to “figure it out”, the parent — impatient and without the time because the next chore or appointment is upcoming — finishes the task for the child.

For the child, the “work” of life is comprised of being given sufficient time to solve the problems of play; if that is not learned and allowed for, the task of problem solving may well become a problem in and of itself.

For U.S. Government employees and Postal Service workers who suffer from a medical problem, such that the medical problem prevents the Federal or Postal Service employee from performing one or more of the basic elements of one’s Federal or Postal Service job, the problem of getting an approval from the U.S. Office of Personnel Management (OPM) is the “Obstacle” problem:  There is a wall, and that wall is the obstacle, and the obstacle is comprised of the U.S. Office of Personnel Management — the Federal human resources agency which makes all determinations on Federal Disability Retirement applications.

How does one climb over the metaphorical wall?  Contact a FERS Disability Retirement Attorney who specializes in OPM Disability Retirement Law and leave the specialized problem-solving issue of obtaining an approval for a Federal or Postal Disability Retirement application to the FERS specialist who is uniquely trained in such problem-solving issues.

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 Benefits: The Players

Whether in a play, on a sports team or surrounding a poker table, they comprise the gamut of those involved, whether of centrality, marginal, peripheral, “somewhat”, etc.

In life generally, we have a “role” to play.  Some begin to find such terms to imply inauthenticity; but in any household, in any company, in any game, there are central characters, role players, bit-players and even “the boss”.  Or, in a family — of a father, a husband, the primary earner, etc.

It is always good to know “the players” in any circumstance, because they are the ones who must be dealt with, understood, tolerated, placed in the properly assigned status, etc.  Characters in plays, books, short stories, etc., likewise encompass the universe of the players involved.

In a Federal Disability Retirement case, there are also “the players” — the doctors (who will support a case); the agency’s Human Resources personnel; the Initial decider at OPM; the potential decider at the Reconsideration level; the Administrative Judge at the MSPB — all are players, whether currently inactive or potentially involved.  And your lawyer — a specialist in Federal Disability Retirement Law — should be one of the central players.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and begin to round up the cast of characters who will play an integral role in your quest for OPM Disability Retirement Law — the “players” who will be playing in the field of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement under FERS: Staying the Course

Sometimes, such a strategy can lead to success.  Despite facing obstacles or criticism, the strategic decision to remain steady and unwavering from one’s original plan can successfully result in meeting the original objective or goal.  More often than not, however, a slight variation deviating from such a decision to “stay the course” when some sense of adaptation and malleability is called for, is the better methodology to adopt.

“Staying the Course” is allegedly a showing of dedication to purpose, an unwavering capacity to ignore criticism and a steadiness of deliberation.  It can also reveal a stubbornness of stupidity.  For, when circumstances call for a change in course, ignoring such circumstances has resulted in great historical tragedies.  Great battles have been won and lost because of a leader’s inability to adapt to changing circumstances, or its opposite in waging the better fight because of an acuity of mind in viewing the need for such adaptation.

For Federal employees and U.S. Postal workers who have been “staying the course” in the face of a debilitating medical condition, it is certainly an admirable trait if you are able to stay the course.  However, if there comes a time when the medical condition is no longer compatible with being able to perform all of the essential elements of one’s Federal or Postal job, you may want to consider filing for Federal Disability Retirement benefits under FERS.

To do so, you should contact a FERS Disability Retirement Lawyer and see whether or not “staying the course” might benefit from another oft-used phrase — that of thinking “outside of the box”.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

FERS Disability Retirement: Does Anyone, Anymore?

Does anyone read poetry, anymore?  Does anyone ever talk to anyone else, anymoreface to face, outside of the medium of electronic devices?  Does anyone actually give his or her full time and attention, anymore?  Does anyone believe in anything, anymore?

As the pews of churches become emptied ever more each day; as people interact through Smartphones and other electronic devices exclusively; as the world of reality is ever more replaced by the virtual universe of language games no longer based upon the disjunctive between truth and falsity — one wonders whether the abandonment of poetry is a sign that human emotion and empathy is no longer evident in the soul of a civilization.

Reading poetry takes time; time that we no longer have.  Reading poetry takes patience; patience which can no longer be afforded.  Reading poetry requires the lull of cadence where voices and laughter commingle into a shared mirth of joyful sounds; and of which we have lost.

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 all of the essential elements of one’s Federal or Postal job, the question becomes: Does anyone, anymore?  Does anyone care, anymore?  Does anyone actually want to help, anymore?

Consult with a FERS Attorney who specializes in FERS Disability Retirement Law and consider filing for Federal Disability Retirement benefits, lest the quest is answered in the negative and termination of employment becomes just another unanswered questionreverberating with the finality of, Does Anyone, Anymore?

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Human Nature

There are other “natures”, of course — of a dog’s or a cat’s; or of a vulture’s, and perhaps of lower order species which we barely give notice to: of spiders (except when they crawl near to us), mice, grasshoppers and frogs.  For species we deem to be less intelligent or possessing the capacity for “free will” (i.e., making decisions and performing acts outside of a predetermined view of what they are “supposed to do”), we tend to have an opinion of, “X does Y because that is the nature of X to do Y”.

Thus, when we read about a traveler who went to a game reserve and got mauled by a lion whom the traveler thought — just a moment before —was “friendly” enough to approach and take a close-up picture of, we shake our heads at the fact that the individual ignored the clear and visible sign which read: “Caution —Do NOT leave your vehicle. Dangerous Animals” or some similar preemptive warning.

Then, of course, there is “our” nature — of Human Nature.  What is it?  We are an animal species which is able to adapt, possess the talent for a thousand things but remain mediocre in all of them.  We cannot run as fast as a cheetah, nor have the ferocity of a lion; we cannot fly like the birds, nor have the venomous bite of a snake.  Yet, we can build cars which can outrace a cheetah, create weapons that do greater damage than a lion’s claws; we can build airplanes that travel greater distances than birds and manufacture bullets that pierce flesh beyond what a snake can deliver.

Of course, we like to think of “human nature” as being, as Aristotle would put it, “rational” first, and vicious somewhere down at the bottom of the list.  But wars, the devastating trails of what we leave behind — they attest more about Human Nature than our rationality.

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 issue of Human Nature as one comprised of cruelty, retribution and back-stabbing is probably not a surprise.  As your medical conditions worsen, you may have noticed a lack of empathy and a growing sense of animosity and contentiousness from your Agency or the Postal Service.

Chalk it up to “Human Nature” and the capacity of human beings for lack of qualities which — while we may like to think of as comprising the essence of humanity — comes out at the worst of times.

Consider, at such a point, whether filing for Federal Disability Retirement might not be the best option available, and consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Applying for FERS Disability Retirement Benefits: Balance

It is what we want to maintain, whether on a tightrope, a ledge high above in an apartment complex, or just walking from the living room to the kitchen.  For, without it, the silent agreement we have made with the objective world would suddenly topple, and we would be lying horizontally and seeing the world from the ground up, as opposed to the vertical manner in which we ambulate, and observing the world from above.

In our lives, as well, in addition to the manner in which we walk about, we talk about maintaining a “balance” — a metaphor, surely, about the proper coordination between work, personal time, family interaction, activities with or without relations, and the healthy engagements needed in order to perpetuate a semblance of sanity.  We also talk this way about the medicines we ingest; of dietary balance, chemical imbalances and a more Aristotelian view of remaining in the “middle ground” where the two extremes are avoided.

Life itself is a force to contend with; for, it is “life” in general which is in a constant battle against us, trying to tip our equilibrium and mess with that “balance” that we all strive to maintain.  Medical conditions, as well, suddenly tip the balance with gale-force winds that irreverently disregard our wants and needs.

For Federal employees and U.S. Postal workers who sense this “out-of-balance” world because a medical conditions has tipped the scales and made everything out of whack, filing for Federal Disability Retirement benefits through OPM may be the answer you are looking for.

Medical conditions themselves have a way of making life “out of balance”, and it may be that a Federal Disability Retirement annuity is what is required in order to bring things back into their proper order and balance. Consult with an attorney who specializes in FERS Disability Retirement Law; for, in the end, it is balance maintained which allows for the regaining of one’s health, while all of the “rest of it” is trying to perpetuate the chaos of imbalance.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation Federal Disability Retirement: Other worlds

We can imagine other worlds in which things are different; science fiction does it all the time, and even traditional literary fiction – though the differentiation between “science fiction” and “regular fiction” can often be lost in esoteric and academic ways – can depict other worlds not quite familiar, though recognizable enough to keep it apart from fantasy or that of the bizarre.

We can imagine, for instance, a world in which a pot of water sits upon a burning stove, but the pot never boils because the heat from the burner never transfers its element to the water; and so the isolation of each entity remains unmoved, as each fails to influence the other.  Or, that rain falls, but nothing gets wet.  What about people?  Of a persons who talks and talks and everyone hears, but no impact results.  You say to your friend, “A skunk has climbed up on top of your head,” and the friend responds, “Yes, thank you,” but does nothing and goes on with his or her life.

It would be a universe where we are consumed and subsumed within the universe of our own thoughts, and the world around us remains separate, isolated and without influence upon entities remaining placid, implacable, undisturbed and without any capacity to embrace the causality of an effect that remains otherwise unperturbed.

Come to think of it, that somewhat describes the world we actually live in, doesn’t it?  It started out as some science fiction genre – other worlds – and yet the universe that was described, of a world where people talk and no one listens, others hurt and no one helps, and the gravitational pull remains isolated to the planets within a galaxy, but never extending beyond to the human lives that populate this earth.  Isn’t that what occurs in this world, today?

People lie to themselves thinking that they have hundreds of “friends”, and yet sit alone in an apartment staring at a glowing piece of machine called a computer, and converse quietly on Facebook and through other social media outlets, yet never say a word; and the “conversations” on the medium are merely a series of rants and raves, and at the end of the late evening, everyone goes home.  People live with great wealth – of extravagance of living never seen heretofore in this or any other universe – while others barely make a living; and the impact felt moves not a teardrop or a sigh of resignation.

Federal and Postal employees live in such a universe, especially when a medical condition begins to impact the Federal or Postal employee’s ability and capacity to perform all of the essential elements of his or her Federal or Postal position.  The agency doesn’t care; the postal facility is indifferent; no one says, “Ah, we need to do everything to help you out so that you can get better!”  Instead, we rely upon quiet laws to be enforced, so that our “rights” can be protected and compelled.

Other worlds are not mere fantasies that we dream up; and for the Federal or Postal employee who must take the next step in preparing, formulating and filing an effective Federal Disability Retirement application, welcome to the bizarre universe of an administrative process that cares little about injured or hurting people, but one in which the cold bureaucracy of laws and rights must be enforced in order to assert that which remains unmovable in the face of a medical condition that won’t go away.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Closet of skeletons

It is a metaphor that is familiar; of secrets, or near-secrets; of those cluttered past incidents and events that need to be kept in the hallway closet, perhaps even locked for safety and security, whether of embarrassment, regret or shame.

Yet, modernity has less of them.  With the disappearance of shame, of openness of societal mores and normative values disappearing, almost vanishing, there is then no need for the closet to exist, and skeletons are fewer and far between because we have redefined what is shameful, what should be regretted, and that which is deemed unworthy of public display.

“Man is the only animal that blushes. Or needs to.”  That quip is attributed to Mark Twain, of course; the grand humorist of American society, and the author of books that have touched the conscience of an unsettled people.  How does a species stop blushing?  By rearranging that which triggers such a characteristic – the words that touch, the concept that shames, the sentence that embarrasses and the paragraph that pushes.

There are, of course, positive consequences, as well; for, the openness of society and the suppression and obliteration of normative standards have allowed for silent crimes that were once unspoken to be openly displayed and cauterized.  Perhaps, sometimes, “talking about it” opens things up, allows for the public airing of that which was hidden because polite society did not want to deal with it; but since it existed, anyway, we might as well open the closet of skeletons as a society and let everyone see whatever it is that we were ashamed of.

Sometimes, or more often than not, those monsters within are greater than the reality of the objective world.

Medical conditions often relate to such a concept.  We tend to hide them, be ashamed of them, and make of them larger than what necessity dictates – except for old men and women standing in the line at the post office who openly discuss the details of their last operation and procedures, of course.

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, remember that 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, is often like the closet of skeletons; once they are out in the open, the agency and the Postal Service will have to deal with it, just like the Federal or Postal worker who had to “deal with it” – the medical condition – for all of these many years, fearful of the shame of revelation and the reaction of the Federal agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal & Postal Employees: Clarity of purpose

It is always a burden when the passageway beyond is a mist of obscurity.  It helps to possess it, even in partial shades of inane generalizations; but lack of it, especially in youth, is neither a crime nor a blot of misdeeds upon one’s reputation so early in a life or career.  We have known them, whether as a “type” or an individual; that rarity of endangered species where the target-point of life is an unwavering straight line directly from birth to death (or at least for the moment when a career goal is sought).

Clarity of purpose is something one “ought” to have, but rarely manifested in the lives of ordinary people.  We talk of a nation’s “manifest destiny”, or of the importance of having some “foundation” in life; of faith, purpose and a desire or motivation to – what?  That is often the problem; not so much that we have no purpose in life, but that clarity of that essence is too often subverted by events unasked for and circumstances untold.

In W. Somerset Maugham’s novel, The Razor’s Edge, where Larry merely wants to “loaf” after his traumatic wartime experiences –  does lack of clarity of purpose as defined by conventional society evince a mere deviation of acceptable behavior, or constitute a complete violation and breach of man’s destined existence harkening from the residues of Puritanism and religiosity in general? (Note the comedic definition of Puritanism from H.L. Mencken:  “The haunting fear that someone, somewhere, may be happy”).

Modernity no longer believes in destiny, fate, or purposeful existence; and thus do we lack great figures, anymore – as Churchill who consistently defied death in war because of an inherent belief that he was destined for greater things, and thus the gods would not dare to undermine that predetermined fate of life.  Instead, the insidiousness of Darwinian belief – a foundation where reductionism to pure materialism and life lived by sensation, pleasure and tactile responsiveness:  these are the purposeful endeavors for us all.  It is, however, still a requirement that, in order to reach a destination of accomplishment, we “clarify” the “purpose” for which we engage to act.

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 position, the need to define, refine and clarify such a purposive action is a crucial component in the successful formulation and filing of a Federal Disability Retirement application.

Wandering and meandering with merely a general sense of what needs to be done, like Larry Darrell’s search for meaning in Maugham’s masterpiece, will likely result in a denial by the U.S. Office of Personnel Management.  There are legal statutes to consult; case-law that should be cited; and a streamlining of medical evidence in order to pinpoint, with circumscribed accuracy, the argument and methodology for approval of an OPM Disability Retirement application.

In sum, there needs to be a tactical and strategic clarity of purposive action throughout, in preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire