Tag Archives: how hard is it to get opm disability retirement? it depends on your medical condition and the expertise of you attorney

FERS Disability Retirement: Parts of the Day

Human beings like to bifurcate, separate, identify, categorize, and otherwise artificially divide time into manageable segments in order to re-order the world to their liking.

This is the simplified explanation of Kant’s distinction between the “phenomenal world” (the one we perceive through our cognitive faculties) and the “noumenal world” — that “objective” universe which we are never able to access because the categories of our human constitution impose upon the raw universe the mental ordering so that we perceive that which is uniquely human.

Thus, “time”, as Augustine viewed it, is merely the human imposition of expectations as to an anticipated future segment, and nothing more than a fiction based upon human categorization of past, prevent and future.

And of the “parts of the day”?  Perhaps it might go something like the following: Morning coffee period — enjoyable; the slog of late morning; lunch, a quiet respite; the sleepiness after a meal, but somehow to get over the hump of early afternoon; then, watching the clock as the minutes slowly make their way towards the end of a workday; the stress-filled commute back home; home, for last minute chores, children and a good night’s sleep.

With variations, each individual experiences a similar “phenomenal” day, cut up into manageable segments — until an interceding (and interrupting) force appears.  Chronic medical conditions often constitute and comprise that “interruption”.

Fortunately, for Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition itself alters the Federal or Postal employee’s parts of the day — by necessity, to get through the debilitating symptoms of your disabling health condition — it may not be so simple as the hypothetical division as described herein.

What needs to happen, then, is to prepare an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS), so that the parts of the day can look somewhat like the following: Focus on getting better; rest; focus on getting better; rest.

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 under FERS: Learning a New Language

Perhaps, with modern technology, there is little need — or incentive — to do so.  There are “apps” for foreign languages, translation of phrases, and electronic dictionaries to convert concepts from one’s native tongue into esoteric languages of foreign origins.  And, like testing one’s knowledge and memory, something has been lost with the rise of technological ease.  No longer is it necessary to try and communicate by trial-and-error combined with over-exaggerated hand gestures, universal sign languages and facial expressions of grave frustrations.

No — we all just turn to our Smart Phones and allow for technology to perform the working of learning a new language.

In some instances, however, not even modern technology can assist in learning a “new language” — such as the language of Federal Disability Retirement Law.  For, in many senses, a Federal or Postal worker attempting to file for Federal Disability Retirement benefits must indeed learn a new “language” — of the rules of eligibility; of what constitutes a legally viable accommodation; of foreign terms and legal concepts which must be understood and grasped before moving forward.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, contact a “translator” who can assist and guide you in learning a new language — a Federal Disability Retirement lawyer.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employees with Disabilities: Getting Started

Your eyes are closed but you are awake; the problem is getting started.  You sit and do all sorts of other work, but not the one which has a hard deadline or is the most important one; the problem is getting started.  There are multiple projects which have been left undone, or have not even seen the fruits of beginning labor; the problem is getting started.  You get the idea; no, you are not alone in the problem of getting started.

If procrastination is the locked door and motivation is the supposed key, the problem still remains when the chasm between vision and action remains untethered.

Medical conditions conspire to vanquish all of the logical arguments we make in our own heads: It’ll get better; maybe the Agency won’t notice that things aren’t getting done; people will understand; coworker’s know I have a medical condition, so I’m sure they’ll be empathetic; and on and on, we allow for the medical condition and the lack of getting started to somehow be left on the roadside as so much human detritus as litters the mind with scattered thoughts.  But we know it cannot go on forever.

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, it is too often that point — of “getting started” — which prevents and delays what has already become necessary.

Call a Federal Medical Retirement Lawyer and start the OPM Disability Retirement process of getting started by allowing the Federal Employee Disability Retirement Attorney to get started for you.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Typical Day

For some, it is a monotonous conversation which can be engaged in while being on mental autopilot: “How was your day?”  “Good.  Just another typical day.  And yours?”  “The same.”

It is that repetitive pablum of pointless conversations engaged in throughout households the world over — pointless, but necessary, in order to establish the comfort of monotony, which is what we all seek; we just don’t know it.  We think we desire excitement — though not too much of it; or of an atypical day — so long as we can rely upon a typical day following; or perhaps, for some, of a fresh relationship — so long as it does not infringe upon the ones we already have.

The “typical day” is one which is challenging — but not so much that we cannot meet the challenge; a day which may have some surprises — but not ones we could not have predicted; and, perhaps, a day which can be talked about without reverting back to the pablum of autopilot — so long as we can relax and not put too much energy into the conversation of the day.

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, there is no such thing as a “typical day”.  Each day is fraught with pain, anguish, unpredictable behavior on the part of supervisors and coworkers; unending harassment from one’s own agency; and the fear of a future yet to be decided.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin to consider whether or not Federal Disability Retirement might return you from the atypical days of today, to those boring, typical days you once knew.

Sincerely,

Robert R. McGill
OPM Disability Attorney

 

Federal Employee Disability Retirement: Fight or Give Up

Those are the only two choices for most of life’s challenges and encounters: To fight for something, or to abandon it completely.  Of course, the “middle ground” is often preached — as in some sort of compromise, or to learn the “tools” of “conflict resolution”, etc.  But that all depends upon the conflict itself, doesn’t it?

Some issues of contentiousness simply do not accord a middle ground; there is no compromise for the mountain climber inching up the North Face of the Eiger — going back down is just as dangerous as struggling upwards, and so it is to either fight or give up, where the latter results in sure death and becoming a frozen corpse of another defeated detritus.

And in the Animal Kingdom — is there ever an alternative third way?  The predator who chases after its prey; flight for the prey is tantamount to a fight — i.e., to “fight” for one’s life by trying to outrun the predator; or, to give up.  There is no “rationalizing” with the cheetah or the lion; one cannot “reason” with the predator in an effort to try and dissuade it from devouring you for its lunch or dinnertime meal.

And so it is with the Federal employee or U.S. Postal worker who suffers from a medical condition such that the medical condition no longer allows the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — the choice is between fighting for the benefit or to simply give up.  There is no middle ground or “conflict resolution”; either the disability retirement is granted in full or not at all.

Further, resignation or termination from the Federal or Postal employment makes the choice as clearly defined in stark terms: continuation in the job is no longer an option, and inaction merely means you have given up because you only have one (1) year from the date of separation to file for Federal Disability Retirement.

If the choice is made to “fight” as opposed to “give up”, then it is best to have an advocate on your side and consult with a lawyer who specializes in Federal Disability Retirement Law.  For, if the choice is between fighting or giving up, and the Federal or Postal employee decides to take the former course of action, then give it your best shot by having an attorney who knows the process, cites the relevant law and prepares your case to give you the best opportunity at winning.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Square peg in a round hole

You know the old adage; it is when a person is trying to do something that is frustratingly obvious that it cannot be done, yet persists in it despite the reality of resistance.  The truism itself by necessity requires one of three courses of action: You either cut off the edges of the square peg in order to shape it into a form where it can fit into the hole, or you smooth the edges of the circular hole and widen it such that the square peg can fit into it.  The third option is: You continue to try and force the issue.  And the fourth way is: You give up and walk away with obvious discontentment and frustration.

You want to remain friends with X, but X is a cad and no matter how much you try to change X, X will not change; and so you try and ignore X’s idiosyncrasies in an effort to extend the friendship, and remain frustrated at your attempts to change reality.  Or, you try and please everyone but end up angering all — you cannot shape the square peg or widen the hole, because there is simply too much resistance from both to alter its shape, size or essence of being.

Reality has its limits; that’s the beauty of the life we lead: virtual reality can be altered with a click of the button, but the reality of the real is that the quirkiness of life defies fullness of understanding, and the mystery of each individual denies total control.

For Federal employees and U.S. Postal workers who continue to struggle with a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal job, the choices are clear: Stay and suffer; walk away and lose everything; or file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management. In such a case, this third option is tantamount to shaving the edges of the square peg in order to fit into the hole, as opposed to trying to stay when it is no longer medically advisable, or to walk away and abandon everything in frustration.

Old adages remain relevant for a reason; the truth behind the words is retained and, indeed, there is still a recognition that truth prevails.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Private Hells

Wouldn’t a “hell” by definition encompass privacy and insularity?  For, isn’t one of the benefits of commiserating and “sharing” (in the modern parlance) that one expiates the pains and troubles one experiences?  Thus, if a hell is to be a hell, wouldn’t it be in seclusion and in solitary confinement for all eternity; otherwise, the hell described would be less than hell because it would be a lessened state of agony and torture and thus would not be the intended deterrent that such descriptive conclusions would be?

Private hells are the worse kinds of hells, if one were to place them on a spectrum of graduated scales.  It is the hell that cannot be shared with others; cannot be complained about; cannot be dissipated by describing, telling, delineating or implicitly requesting comforting words about; such constitute the worst of torture chambers left in the chaos of one’s mind.  The social animal — the “human being” — is one who derives strength, courage, determination and the will to live by engaging in the very thing that social animals do: talk; tell stories; share troubles; commiserate.

That is often the exponentially exacerbating effect of a medical condition being suffered by a Federal employee — of having to keep it a secret; not being able to be open about it; not sharing because he or she is unable to talk about it for fear of retaliation and the evils of bad intentions.

For Federal employees and U.S. Postal workers who suffer from such a state of private hell, it is time to begin to prepare, formulate and file for Federal Disability Retirement benefits, to be submitted and ultimately decided by the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The private hell of one’s fears and anxieties concerning the entire administrative process of Federal Disability Retirement is often partly due to the strangeness of it all, and consulting with a lawyer who specializes in Federal Disability Retirement Law is often the first best step in extinguishing those flames of agony that are described in ancient scrolls, lest the private hells become public dungeons that flog the soul beyond what the law allows, which can clearly be explained and contained with a private consultation with legal counsel who can guide you out of that private hell by explaining the process of OPM Disability Retirement.

Sincerely,

Robert R. McGill, Esquire