Tag Archives: government job resignation medical incapacity

FERS Medical Retirement from OPM: Objectivity

In the West, the traditional approach is to be far removed and dispassionate in attempting to attain that level of acceptable discernment.  If there is even a whiff of personal involvement, a suspicion of a self-serving motive, or some indication of emotional application, the revered status of objectivity comes into question.

For some unknown reason, the label “To be objective” must ignore and minimize all that is preternaturally human.  A Kantian would argue that objective knowledge is a goal inherently impossible to achieve, precisely because we possess only subjective capabilities and impose our worldview upon everything we analyze, evaluate and assess.

To that extent, it becomes a mere tautology, for if we are incapable of reaching beyond  ourselves, then there would be no point in even trying.  But try we do, and in the Western Philosophical tradition, we employ devices such as Logic, the Socratic method of endless self-examination, and a touch of mystical fairy dust sprinkled as “objective analysis”.

For Federal employees and U.S. Postal workers who submit a Federal Disability Retirement Application with the U.S. Office of Personnel Management under the FERS system, the argument for objectivity is often refuted by OPM based upon a “lack thereof”.  OPM will argue that the “pain” one experiences, or the emotional impact from psychiatric conditions, is “purely subjective” and is therefore invalid as a basis for approving a FERS Disability Retirement application.

This, too, is a circular, tautological argument, precisely because ‘pain’ by definition, is always subjective.  Yet, that is not what the applicable law concerning the established legal criteria of proving a FERS Disability Retirement case holds, and despite OPM knowing this, they will systematically ignore the applicable laws governing FERS Disability Retirements.

In order to rebut OPM’ s baseless charge that your Federal Disability Retirement case lacks objectivity, contact a FERS Disability Lawyer who specializes in the practice area of OPM Disability Retirement Law, and successfully refute the fallacy of objectivity or the lack thereof.

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 Medical Disability Retirement: Effectiveness

What does it mean, to be “effective”?   The dictionary definition will always include some synchronicity between “outcome” and “desired result”, but can one still be effective if one falls short of the goal desired?

If a football team goes through an entire season with a perfect record, but loses in the first round of the playoffs, has it failed to achieve its mission of “effectiveness”?   Similarly, if an up-and-coming company places a milestone-goal of 1 Billion Dollars in sales by year’s end, but misses its mark just shy of it, has it failed to be “effective”?

One may, of course, conclude that such analogies don’t always apply, as it often depends as to whether or not the goal itself is an “all or nothing” desired end, as opposed to a spectrum upon which success or failure depends and where there are varying degrees of differences which may result in a wide range of relativity.

For Federal Gov. employees and U.S. Postal workers who suffer from a disability, and where “effectiveness” is first gauged by looking at whether or not you can perform all of the basic elements of your job despite your ongoing medical conditions, the consideration as to whether it is time to initiate the process of filing for Federal Disability Retirement benefits under FERS, must in the end depend upon multiple factors.

Are you becoming deficient in performance?  Have there been any “conduct” issues?  Is your attendance becoming less than satisfactory?  Do you have a doctor who is willing to support your case?

In the end, “effectiveness” in a Federal Disability Retirement application has only one (1) desired result:  An approval from the U.S. Office of Personnel Management, under the FERS system.

In order to reach that desired result, contact a FERS Retirement Attorney who specializes in Federal Medical Retirement Law and let the synchronicity between “outcome” (an approval from OPM) and the “desired result” (early retirement based upon your medical condition) meet without a gap in between.

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 Law: The Dreaded Next Day

If every day is becoming the dreaded next day, then the hope of living a contented life — a life of “happiness” — becomes an impossibility.

Modernity has become obsessed with “happiness” as a goal to embrace, as opposed to a byproduct of one’s manner of living.  Additionally, the term itself has been redefined to encompass only the realm of one’s immediate emotional contentment, as opposed to the Aristotelian (and Greek, in general) concept of eudaemonia — the state of living a life defined by what it means to be a human being.

In our concept of happiness, the dreaded next day guarantees that each day will be enveloped by unhappiness, precisely because the “next day” was yesterday’s dreaded next day, upon us with a vengeance, like the eternally rolling boulder which Sisyphus must gather the strength to push up the next hill.

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 position, each day is already the dreaded next day with an endless cycle of pain and despondency, precisely because your medical condition is incommensurate with the job which you hold.

It is like the life as described in Camus’ work, The Myth of Sisyphus — of pushing that boulder up a hill, only to have it roll down the hill, and then to push it up the next hill, for eternity.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider preparing, formulating and filing an effective Federal Disability Retirement, to avoid each day becoming the dreaded next day.

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 Employees Retirement System (FERS) Disability Retirement: What We Don’t Know

Age brings us closer to realizing the truth of Socrate’s refrain: That I really don’t know anything or, more to the point, much of anything.

Youth allows for brashness of arrogance; in middle age, perhaps some slight hesitancy; of getting older, one realizes the extent of or lack, and the vast knowledge which we will never be able to understand.  Most people “wing it” — in other words, act “as if” they have some knowledge, that they possess an “expertise” or some secret to an apparent success attained.

Social Media, Facebook, Instagram — these, of course, mask and hide the inadequacies behind the facade of competency.  Few people nowadays admit to an imperfection, a lack of, an ignorance for, etc.  Thus do we no longer have the Socratic Method where questions are peppered in order to reveal the disguised ignorance which most people walk about with.

But let’s be clear: What we don’t know can, in fact, hurt us, and to fail to acknowledge one’s lack of knowledge can have dire consequences.

For Federal employees and U.S. Postal Service employees who intend on filing for Federal Disability Retirement benefits under FERS, you should take the time to read the case-law which has developed and evolved over many decades, in order to at least understand the underlying issues which can complicate a Federal Disability Retirement application.

Or, contact a Federal lawyer who specializes in Federal Disability Retirement Law and let him inform you of what you don’t know.

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 Annuity: Words that Matter

Do words matter?  Or, are actions the sole province of a substantive discourse?

The words, “I love you” have swooned countless couples into foolishly entering into bonds which later fail; or of the promise, “Till death do us part” have been rendered meaningless by innumerable violations of infidelity and divorce.

In forming contracts, of course — even verbal ones — words make a difference.  The technical definition of complex transactions involving the transfer of money for goods; the regulatory oversights in government procurement agreements; and many others — they make a difference.

On the other hand, if a person boasts to no one in particular, or to everyone, or even to someone, that “I am going to rob a bank” — but then does nothing to initiate any actions towards that end, do the words matter at all?  Or, a person who sits and declares to himself, “I will get up and make some scrambled eggs in a minute”, and states this refrain 10 times a day but never gets up to cook the eggs, and doesn’t even have any eggs in the refrigerator — do those words “matter”?

And what do we mean by “matter”?  Does it by necessity imply some consequential effect from a cause which is motivated by intention?

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 words that matter are those which are formulated to effectively persuade the U.S. Office of Personnel Management to grant you your Federal Disability Retirement application.

In order for that to occur, contact and consult with an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of formulating the words which matter.

Sincerely,

Robert R. McGill, Esquire

 

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

 

Federal Employee Disability Retirement Benefits: Succor

It is an unused word, likely because no one knows how to properly pronounce it, and even if it is pronounced properly, it would be misunderstood and thought to have either been misused or viewed as a blot against the user for attempting to insert a word in a conversation which nobody comprehends the meaning of, anyway.

It is a noun.  It is defined as providing “assistance in times of distress or hardship”, as in, “X gave succor to Y when he most needed it”, or some such similar usage and application.  Or: “The succor provided was inadequate”, or “Mary was succored by the community and greatly appreciated such kindness”.

Do words that never get used matter?  Why are there synonyms, and not just a single word describing a singular event or occurrence, and are there societies in which a 1-to-1 ratio of word-to-phenomenon is so unique as to never lack for clarity precisely because the reservation of a particular word has a singularity of meaning such that there can never be a deviation from its proper application?

Words have meanings — thus stated in the plural, we recognize that either in the subject or in the predicate, the multiplicity of applications can result in confusion.  How about the following: A single word has a particular meaning.  But that is not true; at least, not in the English language.

For Federal employees and U.S. Postal workers who are undergoing hardships because of a medical condition, such that consideration must be given to filing a Federal Disability Retirement application through OPM, seek the succor of an attorney who specializes in Federal Disability Retirement Law.  In other words: Look for guidance and counsel from an experienced attorney who knows the process of filing an effective OPM Disability Retirement application.

Why we need “other words” remains a mystery.

Sincerely,

Robert R.McGill, Esquire

 

Federal Disability Retirement: Monday’s Startle

There is not much that needs to be said about Mondays.  The standard response to, “So, how is your day going?” is quickly understood with the response of, “It’s Monday”.  What is it about the first work-day of the week that brings about the startle of life?  Is that why the traditional week’s cycle begins from Sunday-to-Saturday, because we want to avoid the memory of a week beginning so disastrously?

Do we dread work so much that it becomes a self-fulfilling prophecy, where the expectation of the day following the day off becomes so anticipated with angst and considerations of impending disasters, that what we come to expect we impose our will upon the universe such that reality follows our fears and imagination?  Or, is it that there is an across-the-board truce that comes about without a word of acknowledgment — shortly after the close of business on Friday afternoon — when everyone heaves a sigh of relief, goes into the weekend, and everyone follows the protocol of no longer bothering one another?

How did we come to that unspoken rule — you know, the one where emails suddenly become reduced in volume (except by those with OCD who increase the length and number because of the unresponsiveness of the previously-sent dozen or so), phone calls are put on hold and the furious activity of keyboard punching and looking about anxiously at the clock-that-never-moves — where suddenly a peaceful calm descends like a spirit from on high above the clouds, the white flag of a temporary truce is reached without anyone saying a word, week after week, month after month, year in and year out?

It is reported that such unspoken occurrences were common during every war — our own Civil War, the two World Wars (but not in the more recent ones in Southeast Asia and the Middle East), where ceasefires were embraced around Holy Holidays and some Sundays without any need for negotiated settlements, but with merely a wave and a smile.

Then, Monday’s startle comes with a roar.  Whether because it remains such a contrast against the quietude of the day before, or merely the release of pent-up energy allowed to aggregate over the 2 days of respite and restoration, one may never quite comprehend.

For the Federal employee or Postal worker who suffers from a medical condition which necessitates preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, Monday’s startle is often a chronic condition because of the inability to escape from the anxiety of the medical condition itself over the weekend, Holidays or summer months.

Monday’s startle can be survived, for the most part, precisely because of Saturday’s respite and Sunday’s quietude; but when every day of the week and weekend results in the same angst as Monday’s startle, it is likely time to consider filing for Federal Disability Retirement in order to focus upon one’s health, lest Monday’s startle turns into an endless stream of red flags replacing the white ones of truce where such flags are warning signs of an impending condition that only gets worse.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Confidence games

We all know (or, by a certain age or stature of wisdom, should know) about the psychology behind the scam:  Of gaining one’s confidence by first including one into a select group of people who are “in the know”.

There are two primary senses to the word, aren’t there?  The first being a sense or feeling of self-assurance, as in, “He is very confident in his own abilities.”  The second, and somewhat connected, is the definition pertaining to a relationship of trust and reliance, where there exists or builds upon a sense of camaraderie and intimacy, as in: “He brought me into his confidence.”  In both cases, there develops a relationship of bonded certainty, whether in one’s self or in the connection between two or more individuals.

Thus, the “confidence” games encompass those activities or endeavors that build upon a relationship based upon trust, and engender the hapless victim to possess a sense of self-assurance that what he or she is giving up is of sacrificial value because the trust relied upon has been built on a foundation of friendship, relationships entrusted, and a shared affinity of intimacy exclusive of others.

Thus does the classic confidence game begin in a parking lot where a a cache of money is found and you are roped into becoming a select group within a conspiracy of two, or maybe three, and you are asked to put up a “deposit” of trust — then, when it is all over, you open the bag of money that you were left holding, only to find that it was merely a bundle of newspaper clippings.  Or, of more complex pyramid schemes, ranging from the simple to the incomprehensible, ending up sometimes like Bernie Madoff’s decades-long game of roping in even the most sophisticated of unweary investors.

But then, aren’t we all conditioned from a very early age to believe that “confidence” games are acceptable, and that we get on through life’s difficulties by acting a part?  Don’t we teach kids to “act self-confident”, be self-assured and walk with your head held high and play the “as if” game — as if you know what you are doing; as if you are the best qualified; as if you can have it all?

That is often the veneer we put on, and how thin the veil of confidence can be, only to be shattered like the delicate china that give off the clink-clink of refinement until the first fissure begins to show, then shatters upon the hardness of the world.

For Federal employees and U.S. Postal workers who suffer from a medical condition where 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 — it may be that your self-confidence is beginning to wear off.  As the Federal Agency or the Postal Service steps up its campaign of harassment and intimidation, the Federal or Postal worker has to deal with a double-problem:  The profound fatigue from the medical condition itself (which impacts one’s sense of self-assurance) and concurrently, the loss of self-confidence as one realizes that one’s physical or cognitive capacity to continue in the chosen career is beginning to wane.

We all play the “confidence game” — that of going through life winging it and hoping that no one else notices; but at times, when the “real game” of life suddenly imposes its presence upon us, it is time to become “real”.

For the Federal employee or Postal worker who must face a real-life crisis of confidence because of a medical condition, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, so that the focus of one’s efforts can be redirected upon the greater importance of one’s health and well-being, as opposed to being drawn into the parking lot schemes of further confidence games.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The buttons we believe accomplish

We believe, on faith alone, that pushing a button does the deed; and then we go on with life, and nothing really has changed but the belief in our own self-satisfaction.  It is that virtual world of computers, light switches, garage door openers and even the disc-like appendages to our shirts and sweaters that lead us to conclude that all such contraptions are of equal weight and value.

We see the cause-and-effect of the garage-door opener — of pushing a button and seeing the door slide open, then another push and it reverses course.  We push buttons on the computer keyboard, and with each tap the screen changes, or concludes with the deed completed; and of “buttons” on a shirt or sweater, we appreciate the invention that holds two sides of a separated apparel together to enclose our bodies with a warmth of a material embrace.

What does it mean to accomplish a deed with a mere pushing of a button?

We have been habituated into such thinking, and it is this disconnectedness that allows for society to continue to move “as if”.  It is only when we encounter the counter – belief that all of a sudden the world of buttons begins to sow some seeds of doubt — as when the boss comes and says, “Why haven’t you sent me X” and you respond, “I emailed it to you last week “ (it isn’t quite the same to say, “I pushed the button that accomplished the deed”).  “But I never got it” is the response which prompts you to go back and re-press the button, hoping somehow that doing so a second time will make a difference that the first time did not.

This time, however, just to be doubly sure, you go back and ask your boss whether he received it (not, again, “did my second button-pushing work?”), thus verifying the causal connection that had failed to occur previously.

What made the difference?

Somehow, in the ethereal universe of circuitry and magic we have no clues about, there exists a causal chain that “works” and “accomplishes” deeds — just like the garage-door opener that issues an immediate gratification of causation.  But that all of life would allow for such instantaneous confirmation — and of buttons we think accomplish.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates a consideration to file 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, the buttons we need to push are many, varied, and long in waiting.

Whether they comprise of the metaphorical “buttons” to get people moving, or of emails that need to be sent, confirmations that require a response — what we do know, throughout, is that the reality of one’s medical condition has a discernible difference both of reality and of urgency when it comes upon the need for causation to occur.

The buttons we think accomplish remain somehow in that “other world” of magic and the unknown; the medical condition that remains is somehow the reality of the “now” that constitutes pain and suffering; and that is why preparing an effective Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management, is of greater importance than the buttons we believe accomplish.

Sincerely,

Robert R. McGill, Esquire