Tag Archives: help with fers disability forms

Federal Medical Retirement under FERS: Vicious Circularity

There is a direct correlation between the growing mental health crisis and the increasingly focused reliance upon cognitive insularity — where engagement with “the world” is not between the subjective (our own thoughts, senses, moods, etc.) and the objective (the world “out there” in what Kant deemed unknowable, as encountered in the noumenal — not the phenomenal — universe), but rather, between the subjective and the perceptual apparatus of the meta-universe.

Whether at work or play, everyone, everywhere, at most times, is engaged on the computer, Smart Phone, etc.  A growing consensus says that a healthy mind requires engagement with the objective world for some period of time each day — of taking a walk and leaving your Smart Phone behind; of making some connection beyond the vicious circularity of your own thoughts within the meta-universe of a virtual reality.

The corporate giants clearly have a monetary self-interest in having the world become insular; for, the greater use of the electronic devices results in greater profits and increased dependency.  No one asked the common man whether we wanted a world made up of this vicious circularity, but here we are.

With the growing mental health crisis, more Federal and Postal workers need to consider filing for Federal Disability Retirement benefits under FERS.  Fortunately, the MSPB and the Federal Courts of Appeals have recognized that there is no stigma to be placed on psychiatric medical disabilities.

Psychiatric conditions are just as valid a basis in filing for Federal Disability Retirement benefits under the FERS benefits system, through the U.S. Office of Personnel Management, as physical, non-psychiatric conditions.

As for the vicious circularity magnifying our mental health crisis?  That is for Psychiatrists and Therapists to deal with; but in the meantime, take their simple advice: Leave the Smart Phone and the Computer behind, and take your dog out for a walk.

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 from OPM: Difficult versus Disabled

To the statement, “I am having greater difficulty in performing X, Y and Z” follows with the query: “But are you still able to?”

There is a conceptual distinction to be made between “difficult” as opposed to “disabled”.  Of course, the former may be an indication which may naturally and progressively lead to the latter, and may merely not be there, yet.

The operative word is “may” (a potentiality of disablement), here, as opposed to an established, present reality.  Or, it may be that the person speaking is misusing the language, and is trying to put the best face forward, and should have stated: “I cannot perform X and Y, and am having difficulty in doing Z”.

Human beings have a wide and strange capacity to endure and to cover things up.  Perhaps the person is having difficulty but no one sees it because he or she is simply “pushing through” and hiding the pain and disability quite well.  Or, perhaps the medical condition has approach a critical juncture where the impact of the medical condition is clearly manifesting itself to a point where Federal Disability Retirement needs to be contemplated.

In any event, the first step in making a valid, objective assessment in considering Federal Disability Retirement under FERS for Federal and Postal employees is to distinguish between “difficult” and “disabled” — where the former may not qualify you for FERS Disability Retirement, while the latter surely would.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Value of Advice

If we could travel back in time with the knowledge we possess now, we would all be wealthy.  But then, if everyone were to travel back in time, all at the same time, the knowledge we possess would lead to acts which would alter the future from the perspective of the past.

Think about it: We all know that certain “tech” companies have soared in stock valuations.  With that knowledge, if we were to travel back in time, wouldn’t we all buy up all of the stocks, knowing that when we returned “back to the future”, we would have applied that knowledge pre-possessed?

But if everyone did that, it would diminish and de-value the worth of such stocks, and the course of human history would then have become altered. It is a conundrum without an answer. And, as human beings do not possess such retrospective wisdom, it is often a good idea to turn to those who can advise, guide and counsel as best they can.

In the field of Federal Disability Retirement Law, what would be the value of advice, counsel and experienced wisdom from an attorney who specializes in FERS Disability Retirement Law?

In considering the option of filing and fighting for Federal Disability Retirement benefits, make sure that you are hiring and paying for the advice of the attorney him/herself, and not just some law clerk or so-called “legal specialist” who purports to know about a field of expertise that only the Federal Disability Lawyer knows.

In other words, when you hire an OPM Disability Retirement Lawyer to guide you through the complex administrative process of Federal Disability Retirement Law, get the full value of advice by hiring the lawyer himself, and not the office staff.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Life After

Too often, we become embroiled within the context of present circumstances, and come to erroneously believe that what is occurring in our lives today, this minute, this year, will remain as a constancy for the rest of our lives.  Yet, like the weather, politics, and news cycles in general, what is of consequence in our lives today will likely be barely remembered a year from now.

There is always a life after.  Perhaps we are unable to see beyond today; perhaps we fail to — as the proverbial saying goes — see any “light at the end of the tunnel”; and likely the circumstances of today appear so overwhelming and weighty that it consumes our every thought and brings about an imbalance in our perspectives.

Medical conditions tend to do that — they depress us because of the degenerative and deteriorating manner in which they impact us.  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 “life after” is to become a Federal Disability Retirement annuity.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity.  The life after, after all, need not be the same as today or yesterday, but may embrace a future yet hopeful and bright.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Delay for Tomorrow

We tend to rely upon our memory of the past; if the sun set yesterday and the chickens squawked the day before, the repetitiveness of previous occurrences allow for the delay for tomorrow.  Yet, tomorrow’s circumstances may undermine yesterday’s reliance.  Circumstances change — especially in this day of fast-paced changes and the need to adapt accordingly.

Present circumstances — a medical condition; the growing impact of one’s medical condition upon your ability and capacity to continue in your career; these, and many other factors should play into consideration to file for Federal Disability Retirement benefits.  The delay for tomorrow is a natural instinct with all of us; we keep hoping that tomorrow will somehow change for the better, but with a medical condition, the unfortunate truth is the very opposite: Most medical conditions don’t simply go away, and instead reveal a stubborn persistence in their natural course of degeneration.

If filing an effective Federal Disability Retirement application under FERS is something that you have thought of, but have set aside as the delay for tomorrow, consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and make the delay for tomorrow the reality of necessity for today.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: What Kind of World?

It is one thing when chaos is rampant within one’s life; but when the “objective” world turns into a pandemic of chaos, we feel helpless, out of control, without hope.  For, the reliance that one has upon the world “out there” is the following: Within our own lives, there is always some amount of chaos — of divorce, a medical crisis, a family tragedy, etc.  But we still believe that the greater world retains some semblance of order and continuity, and thus do we rely upon the calm that surrounds and the rationality of an objective universe.

When that crumbles, as well — when the outer, objective universe becomes a flashpoint of people dying, a pandemic infecting, of men and women in strange space-suits carrying bodies to the morgue, and where the economic deterioration becomes seemingly endless; well, then the reliance upon the outer, objective world can no longer be, and chaos reigns both within and without; we feel helpless.

Federal employees and Postal workers who suffer from a medical condition already understand that feeling.  You cannot rely upon your own health; and, as it turns out, you cannot rely upon your Federal Agency or the Postal facility to be supportive.  You ask yourself: What Kind of World?  Filing for Federal Disability Retirement is meant to allow for some semblance of stability — of a base annuity to secure your future so that you can focus upon getting your “inner” world in greater order, regardless of what kind of world is offered by the “outer world” that can no longer be relied upon.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Stifling rationalism

Although it may no longer show in modernity, it was the dominant methodology accepted as reflecting the Aristotelian belief that man is essentially a rational animal, and thus the general approach towards reaching conclusions should embrace the perspective that the criterion of truth is based upon not sensory, but intellectual and deductive foundations.

But if the thought process fails to utilize the formal laws governing deductive reasoning, and nobody reads Russell or Quine, anyway, what is the difference?  Is it merely an appendage to the conclusion reached, by declaring, “That’s the only logical way to think about this!” – and if we add the exclamation point, state it with a clear and loud voice, does that make it so? What is the distinction to be made, from a valuation or validation viewpoint, between decisions and judgments rendered based upon empirical evidence, deductive or logical reasoning, a combination of both or all three, and the contrast as against an “emotional” basis for reaching conclusions?

If an individual engages in complex futures trading on the stock market, for example, and bases such transactional activities upon unscientific methodologies, is it not the success of the venture (i.e., a retrospective judgment on the matter) that will ultimately determine the success or failure of each approach?

Take the hypothetical of the following: Securities and futures trading can now be done with a laptop from home, and we have Jim, Nancy and Deborah, each of whom thinks that he or she constitutes the brilliance of Wall Street’s best and brightest (though none have had any prior experience but are engaged in vocations far and distant from anything to do with it).

Jim looks at the relevant newspaper quotations and likes the way the numbers coalesce, and makes the trade based upon that comforting sensory impression.  Nancy, in a different state and unbeknownst to Jim, has been pouring over the numbers, calculating, looking at the history of past performances, and creates an algorithm founded upon a calculus of probabilities, and pushes that computer button to deplete one’s bank account based upon mathematical precision that approaches some semblance of certainty, but never quite.  And Deborah, well, she possesses on this day a certain “instinctive” feeling about a particular futures trade, and proceeds entirely upon this emotional response.  Of the three, whom do we consider as validated, worthy of following or respecting of methodologies?

If Deborah were to increase her portfolio by, say, 500%, and Jim merely breaks even but Nancy loses her proverbial shirt, would we dismiss it by thinking, “Ah, just pure luck”?  On the other hand, if Jim were to make a nominal profit, Nancy were to obtain significant returns, and it was Deborah who lost everything, would it change our attitudes and confirm the notion that rationalism prevailed because it is the only valid approach to life’s complexities?

The acceptance of rationalism is inevitable for the rational animal; elevating it to a status where all other approaches are stifled, however, can ignore the spectrum of other dimensions just as valid in human life.

For the Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, it may be that “rationality” cautions one to remain in the Federal or Postal job because of job security and financial stability.

But there are other considerations, as well, such as an instinctive will to survive; and when stifling rationalism quiets the voice of health’s call to safety, it may well be time to consider preparing, formulating and filing 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.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Employee Medical Retirement: The timeworn tale

Are there such things, or just the boorish attitudes of impatient whims?  Are adages, quips and kernels of wisdom never perceived by eyes afresh, or do tales told ever-incessantly by husbands through the course of lasting marriages, or by grandpa at each visit to the chloroform-smelling nursing homes where coughs and sputtering are interrupted by stories regurgitated between gasps filled with oxygenated rasping, merely bore us all?  Of timeworn tales – where do they come from?  When do they end?

Is there a garbage heap of stories no longer told that old men and silent women visit, and leave behind the narratives no one wants to listen to, anymore?  Is it that we no longer have the time, nor the patience, to act “as if” for the benefit of old geezers and pitiable wheezers and instead, rudely interrupt when the tale begins, by saying, “Now, now, you’ve already told that one – many times”?

Yet, a perkiness of interest, a raised eyebrow, and a playful wink to the relative across the table; and the kindness shown to the children at the table, despite the 50th or 100th time told, that we could spend the time together, take the same monotony of predictability, but turn it into an occasion of joy “just because” – just because the person telling it is worthy, and we show how much we value life’s dignity above time “wasted” by the effort we invest upon the individuals we claim to care for.

We have no time for pity; no energy left for patience; and certainly, no stamina remaining for moments beyond our pleasurable self-fulfilling wants and desires.  That is why, when a Federal or Postal employee prepares one’s Federal Disability Retirement application, with the Statement of Disability on SF 3112A, along with the evidence of supportive records and medical narratives, there is no hush of anticipation by Agency supervisors, managers or coworkers.  Yours is merely another timeworn tale that they want to quickly bypass.

But the point, of course, is to get the “Administrative Specialist” at the U.S. Office of Personnel Management – the agency that makes all decisions on a Federal Disability Retirement application – to see beyond that timeworn tale of one’s medical condition, disability, and inability to perform one or more of the essential elements of one’s job.  For, that Administrative Specialist is the “hard one” to persuade – having read thousands, and perhaps tens of thousands of such timeworn tales.  It is thus the job of an attorney who has done this many times, who possesses the power of words in the narration of a compelling tale, that often makes the subtle but necessary difference.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The informed paradigm shift

Often, in ages older and generations beyond, it somehow becomes more difficult to be malleable and bend with the times, circumstances and turmoil of the day.  Does staid decay by refusal to adapt become a law of sorts for the aged?  Is it only youth that can change, or bring about pliable lives, or can the irrelevancy of old men and women be altered with an informed paradigm shift?

There is always a tautness and tension between generational divides; youth believes in beginning over again, to invigorate all plans and prospects of accomplishments – even of reinventing the wheel by trial and error.  And of the old, whose wisdom is never accessed, whether because of pride of youth of an arrogance fraught with silliness, it matters little.  The pendulum that swings between the two extremes, must by law of gravitational pull come to rest somewhere in the middle.

Paradigm shifts come about so infrequently, but there is often an underlying reason:  Just as wholesale genetic overhauls rarely strengthen a Darwinian foundation for survival, so the principles upon which one lives one’s life should not be abandoned after a lifetime of experiences in learned cynicism.  The fact is, it is always difficult to change when circumstances dictate.

Somehow, we believe ourselves to be the masters of our own destinies; and whether the fate of a generation is collectively overpowered by a consciousness of unfathomable mysteries, or each of us must singularly carry the burden of our future lives as isolated pockets without friendship or love, we like to think that we can control our future.  But there are events and circumstances beyond our control, transcending fault or personal responsibility; and the social contract of good citizenry – of abiding by the laws, following the normative constructs of societal acceptability, etc. – follows upon that path of accomplishment.

That is true of a medical condition – for, when a medical condition begins to impact major life activities of a person, an informed paradigm shift must by necessity occur.  It is not a matter of bad fate or unfortunate luck; it simply is, and the sooner one becomes “informed”, the better the paradigm shift for one’s future.  For Federal employees and U.S. Postal workers who suffer from just such a medical condition, where the medical condition or event begins to impact one’s ability and capacity to perform the essential elements of one’s Federal or Postal positional duties, is may well be time to consider a paradigm shift.

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, often requires just such a paradigm shift – a pliability in one’s thinking, and an alteration based upon the information (i.e., being “informed”) presented; and the next step once a cognitive paradigm shift has occurred, is to reach out in order to begin the administrative process of engaging the expertise needed in order to weather the trials of tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The New Year

Perhaps it is not merely an arbitrary demarcation, after all.  It is around the time when the winter solstice reaches its pinnacle, and the days become lengthier, the nights shorter.  The year following – the “new” year – begins its ascendancy, leaving behind the frigid desolation yet to endure.

And the excesses of behavior – of drinking, celebration and abandonment of all societal decorum and convention?  It is a way of expiating the pent-up constraints of self-discipline and customary resolve; a way to release the energy of social boundaries for a few hours, a fortnight, and a morning after without regret or remorse.

It is often said that, in psychology and therapeutic intervention, the “aha” moment of gestalt realization is less important than the long and enduring struggles which must be faced immediately thereafter.  We often put too much emphasis and relevance upon that proverbial encounter on the road to Damascus, when in fact it is the long and arduous path that follows which will determine the success or failure of one’s life.

Marking a moment in time as the “cut-off” point of a new beginning may be convenience for multi-variegated purposes; in the world of objective reality, however, the artificial lines will only serve us so far.

This new year will bring out contradictory perspectives; some, as often as not, will predict doom and the soothsayer’s gloom; others, in herds of blind followings, will enter the dawn with hopes unvanquished and dreams yet to be realized.  The rest of us, as always, will have to plod along and live our lives.

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 employee from performing one or more of the essential elements of one’s job, the artificial demarcation of “before” and “after”, and the insertion of the increase in the last digit from a 6 to a 7, will be marking an unnoticed blip in time.  That’s the thing about medical conditions; they cross cultures, time and even years.

When the medical condition becomes magnified to a point in 2017 where essential elements of the Federal or Postal job one is working in becomes impeded or otherwise unable to be performed, then the significance of the contrast as against the previous year becomes unmistakable, and the Federal or Postal employee may want to consider preparing, formulating and filing 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.

In the end, the “New” year is likely like the old one, and the one before that; only, our bodies deteriorate over time, and the uncaring behemoth of the federal agencies and the U.S. Postal Service may only become exponentially worsened.

Sincerely,

Robert R. McGill, Esquire