FERS Disability Retirement Benefits: Changing Minds

How does one person change another person’s mind?  Is it through threats, intimidation, rants and raves?  Or, does logical persuasion ever come into play?”  Does the quiet voice or tone of calm alter a person’s viewpoint?  Or must it all be rage, firestorms and pounding of fists?

Of course, most people would answer in the following manner: It depends upon the circumstances.  Certainly, context matters.  Sometimes, a passionate response is appropriate; at others, a calm, soothing tone of persuasive logic.  Threats, intimidation, acts envisioning bodily harm — these, of course, are never appropriate, and one wonders whether such tactics ever really changed another’s mind, or whether the change of heart was merely for the sake of self-preservation.

To change a mind, one must become convinced about the validity, truth and sincere superiority of the other’s position, argument, perspective, stance, decision, etc.  Passionate advocacy can certainly play a role in it; systematic and logical persuasion can sometimes be the difference; and in Federal Disability Retirement cases, application and citation of the relevant and applicable laws will always be an effective tool.

For Federal and Postal employees who are filing for Federal Disability Retirement benefits from OPM, consult with an attorney who specializes in Federal Disability Retirement Law, and see whether or not — at the outset — the OPM Attorney who specializes in Federal Disability Retirement Law cannot change you mind, and OPM’s in the best course of action in the preparation, formulation and filing of an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The People We Knew

Life is short; or, as Hobbes would put it, “solitary, poor, nasty, brutish and short”.  Of course, he was referring to Man’s “state of nature”, which constantly placed him in a war-like state with others, and in this time and era where we find ourselves contending and struggling, makes it appear as if we have re-entered such a state of nature.

This global pandemic makes it likely that, like major wars previously fought, we will know of someone, whether close or distant, who has either been infected with the corona virus, or who died from it.  The people we knew remind us of the frailty of health and the human condition.  We work all of our lives in order to meet a goal; perhaps of retirement, maybe of enjoying grandchildren; and even of slowing down a bit in order to “enjoy” the better things of life.

But like all plans, there are disruptions and interruptions, and the people we knew remind us again and again that work is not everything; it just happens to take up most of our time.

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, one’s health and the importance of maintaining it becomes of paramount focus.  There can be life beyond a Federal or Postal job, and filing a FERS Disability Retirement application may be the way to achieve that life.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, lest the people we knew reminds us again that no job is as important as the health that we once enjoyed, and have now lost, as this time of a global pandemic reminds us daily with the people we knew.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: The Details of Life

We speak generally, but live by details; think in terms of grand plans and hypothetical dreams, but become bogged down in the minutiae of daily concerns; care about grand schemes and philosophical methodologies but are forced to take out the garbage in the morning.

It is the details of life that determine our behavior, necessitate our reactions and force our hands.  In coming to a contractual agreement, there are general principles which can be negotiated, but whether the signature is inked into the final agreement depends upon the “devil in the details”.  Most of us like to spout grand beliefs and ethical precepts, but how many of us would stick to the details of such beliefs when arrest and torture is threatened?

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, Federal Disability Retirement might be a consideration that must be entertained.  The Law works only within the context of details; it is the details of a case which must be reviewed and advanced.

Consult with an attorney who specializes in Federal Disability Retirement Law and do not allow the details of life to get in the way, but rather, make sure that the details are focused upon in order to prove by a preponderance of the evidence your rightful eligibility to Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Adapting to inevitable change

Change is an inevitability in life.  Most people, if confronted with it, freely admit that they do not “like” changes.  Being static; doing things routinely; living by force of habit; having a “routine” — these provide a sense of comfort.  Change, of course, can be a good thing — whether of forced alteration for the good of an individual or circumstance, or voluntarily because a necessary modification was identified, resulting in a greater refinement of efficiency or adjustment towards greater perfection.

Can a life unchanged throughout long survive?  Nature itself and the evolutionary theory of adaptability provides a partial answer: Those species which failed to adapt to a changing environment became extinct; others who adapted, whether by natural selection or (in the case of human beings, presumably) by planning, were and are able to survive the vicissitudes of tectonic shifts of change.

There are, of course, those who thrive on change — we read about them in various accounts about people who love the thrill of daily tumults and the unpredictability of ordained routines, or lack thereof and the instability of a life replete with the “high” of adrenaline flow that never ceases.  Can there be people like that — of the high-wired, high-strung individual, and do they constitute the paradigm of how the human species was able to survive the spectrum of past climate changes ranging from devastating floods, shifts of weather and increase of temperatures?

There are macro-based changes and micro-based ones, depending upon one’s perspective.  Global modifications represent the macro; alterations in individual lives constitute the micro.

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 need to file for OPM Disability Retirement benefits under FERS may seem like a “micro” change to the outside world; but for the individual, it is a big deal, and how to adapt to the change that will come about in filing for Federal Disability Retirement benefits can be a major, tectonic shift in one’s life, and to prepare for adapting to such a change, you should consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Lifetime Achievement Award

There is a sadness necessarily attached to such an award: It is an acknowledgement that a person’s worth has come to an end.  A life’s end is recognized when such an award is granted, and no one believes that anything further will be attained.  It is a dismissive award — a pinning of a goodby to the lapel of one’s mortality and an applause that soon fades because of achievements recognized and easily forgotten.

No one says of the recipient of such an award, “Boy, but does she have such potential!”  Rather, it is the very awarding of it which is the indicator that: The curtain is closing; the rocking chair is there in the corner; it is time to let others in the door; and, your time has passed.

What can it possibly mean for a person to accept such an award?  How can others determine the achievement within a span of a lifetime, and can it ever be rescinded?  What if, upon receipt of such an award, a person turns around and commits a heinous crime — do we then walk out of the ceremony shaking our heads and whisper to one another, “Well, he would have achieved it but for….”?  Isn’t that always the party-pooper conclusion, when we say of this or that: Except for; but for; if only…?

It is like saying that X was a great president except for Y, or that such-and-such was the best leader but for this-and-that.  To receive or be offered the “lifetime achievement award” is to declare the end of one’s life; to refuse it, is to embrace life and one’s future.

For Federal employees and U.S. Postal workers who believe that filing for Federal Disability Retirement means that it is an “end” to something — somewhat akin to receiving a Lifetime Achievement Award — such a thought should be reconsidered.

Filing for FERS Disability Retirement is not an end, but a mere beginning: It allows the Federal or Postal employee to focus upon one’s health, and then to consider another vocation or career in the private sector by allowing him or her to make up to 80% of what one earned in the Federal sector, and continue to receive a disability retirement annuity. Consult with an attorney who specializes in Federal Disability Retirement Law to “get the facts”, lest you become embroiled in the fallacy that Federal Disability Retirement is tantamount to receiving the Lifetime Achievement Award.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Smelling the roses

It is a simplistic attitude, but one whose truism dominates and attracts: to enjoy life and have the capacity to relish in it.

“Stopping to smell the roses” is all well and good to declare when you don’t have much to do, or when you are in a position to reverse life’s onward march; however, for most of us, the stresses of daily living, of trying to make a living, and of the uncontrollable demands that beset us every day, undermines the advice of the sage: yes, tranquility can reflect a healthy mind and slowing of pace can lead to longevity and stave off mortality’s inevitable decline; but how does one contend with and control modernity’s screaming frenzy?

The appendage to the image of “smelling the roses,” of course, is the admonition to “pause” or “stop and” take the time; but is our loss of olfactory sensitivity a result of our lack of use?  How many of us even notice the scent of a flower, whether when we walk into a room or meander along a country path? Instead, most of us sneeze with irritation, beset with asthmatic symptoms of allergic disdain, and view such niceties as merely one of life’s obstacles to overcome and ignore.

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 job, the concept of pausing and “smelling the roses” is the last thing to consider, and life’s travails will only continue to shout and scream to prevent such a prosaic declaration.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will not necessarily allow for greater time to smell those roses, but it will allow for more time to attend to one’s own health — and isn’t that the point?

We take for granted our health, but when our health begins to deteriorate, the stresses begin to compound and exponentially aggregate.

Smelling the roses comes only after the priorities of our life have been placed into proper order, and preparing, formulating and filing for Federal Disability Retirement benefits when it becomes necessary is the first step towards reaching for the ultimate paradigm of life’s resistance to the stresses inherent and overwhelming: Health; life; relationships — then, to pause in order to smell the roses.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Time wasted

It all depends upon one’s perspective, doesn’t it?  For some, watching television is time wasted; for others, reading a novel, and even within that subset of opinions and viewpoints, it often depends upon “what” you are reading before the hammer of judgement is struck: If a beach-time novel, then it is a waste of time; if a classic, then you are utilizing your time wisely.

But what if you are, in fact, sitting on the beach enjoying the lazy lapping of waves, and merely want to get lost in the fantasy of a junk novel — isn’t relaxation a good use of one’s time?  When does “constructive” relaxation turn into time wasted — i.e., laziness?  Is it when the bare necessities of life are no longer attended to?

Of that proverbial brother in-law or other distant relation who is whispered about, who barely holds on to a job, is found spending more time at the corner pub than attending to one’s kids, or the one who constantly oversleeps, overstays his welcome or overstates his woes — is it just a guy who likes to relax, or is he a lazy bum?

Is there a mathematical formula in determining when time is well spent doing nothing, or is wasted?   Sort of like: Time multiplied by the extent of bare necessities required divided by the extent of need, minus particular circumstances that must be taken into account factored by 3.

Can a lifetime be wasted, and if so, what would be the criteria to be applied or imposed?  A wealthy person might contend: We have about 60 years or so to make our fortunes, and if a person has not done so within that timeframe, it is a lifetime wasted.  Some others might counter with: Amassing wealth is not the sole criteria of a worthwhile life; the fostering of human relationships, of making someone else more comfortable, or of even granting a dog some happiness, is what makes this life a worthy one.

Does a medical condition bring about a differing perspective?  For the wealthy person who makes enemies throughout and angers almost everyone with his or her single-minded focus while disregarding the feelings of all else, but who suddenly is hit with deteriorating health — does time take on a different meaning?

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 job — is time being wasted by the struggle itself?  Does it appear that everything is an uphill struggle: of juggling doctor’s appointments, work, family obligations, etc.?

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, may not be the best solution of all, but it may be the most prudent one, as time is not a friend to be wasted when it comes to one’s health and future security.

Sincerely,

Robert R. McGill, Esquire