Tag Archives: how is fers disability determined by opm

FERS Disability Retirement: The Hope Next Door

Hope is the basis of life prolonged; it is why people buy lottery tickets, go to sleep soundly with an expectation that tomorrow will be different; and that, like the old quiz-shows of choosing “Door Number One, Door Number Two, or Door Number Three…” — we retain a hope that life will present us with the good luck, tomorrow or the next day, to choose the right “door” for our lives.

Few of us are smart enough to think in terms of Bertrand’s Box Paradox — presented as a veridical paradox in elementary probability theory.  We are rarely as rational as to embrace life in such a calculating, methodical or mathematical manner.  Instead, most of us blunder through where hope = ongoing existence, even if in reality we know that situations and events don’t often change no matter how hard we try.

Society as a whole — of governments and the Age of Therapy — perpetuates the concept of “the Hope Next Door”.  Politicians running for the Senate, House or state positions make promises all the time, knowing that he or she will merely be one representative within a cauldron of many, and will never be able to pass any legislation because there will never be a consensus enough to do so.

But words have a powerful effect in engendering the hope next door; somehow, we tend to be gullible no matter how many times we get duped.  Thus, the famous quote normally attributed to the greatest showman on earth, P.T. Barnum, that there is “a sucker born every minute”.  Why such gullibility?  Because, without hope, existence itself would be too bleak to go on; and thus do politicians, used-car salesmen and con artists sell not promises, but hope.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability benefits through the U.S. Office of Personnel Management, the Hope Next Door may well be to obtain an approval for a Federal Disability Retirement annuity, so that you can focus upon regaining your health.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and look for the Hope Next Door that is real, and not merely as a chimera sold as snake oil or words of eloquence.

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.

 

Medical Retirement for FERS Employees: The Person You are Not

We are, of course, both the person of whom we present, as well as the person we are not — not known as; not publicly announced; not revealed.  Much of the private life of those we publicly admire or hold up on pedestals turn out to be ugly and better left alone.  Things which have been hidden and concealed are done often for good reasons: the light of public display is not where the creepy-crawlies of one’s life should be.

The old adage is normally true: If you want to admire a public figure, don’t go looking under the rocks and closets, lest what is revealed might dampen your enthusiasm of admiration.  Yet, for the ordinary person, the person you are not is merely that part of you which not too many are familiar with, but which reveals the greater essence — of hobbies unknown; of kind acts not publicly shared; of a remarkable past undiscovered, etc.  We are never the person “just” as we appear.

That is why, for Federal and Postal employees 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 tawdry and uncaring attitude of one’s Federal agency or Postal unit when a person needs to file for OPM Disability Retirement benefits under FERS is often quite hurtful.

For, to be relegated as merely that person who wants to get a “benefit” while ignoring the lifetime of dedication to work and trying to do the best one can while struggling with a medical condition is to view the person in a one-dimensional way.  OPM has a tendency to do that — of treating you as the person you are not, especially when they deny you and characterize your application in a way that should not be.

Contact an OPM Lawyer who specializes in FERS Disability Retirement Law and begin the process of getting your retirement benefits approved so that you can go on your way to being the person you are, and not the person you are not.

Sincerely,

Robert R. McGill, Lawyer 
OPM Disability Retirement Lawyer

    

Office of Personnel Management (OPM) Disability Retirement: The Agony of Purgatory

Of course, it is only strictly applicable in Roman Catholic doctrine, as the Protestant set rejects the existence of such a concept.  Whether one accepts such a precept or not, one must be forced to acknowledge the creativity of it.

It is like a fairytale story of a son who loves his parents who are atheists and, upon their death, comes up with the following idea based upon logic: God is good; my parents, despite being non-believers, were essentially good people.  God would not punish good people.  Therefore, there must by logical necessity be a place where good people can have a chance to expiate their “sins”, and that place is deemed “Purgatory”.  It makes sense.

The Agony of Purgatory, of course, is that you are stuck in a middle kingdom. — like quicksand or the fear we all had as children when we went into a department store or a hotel where there was a revolving door — you know, the ones with small, V-shaped sections that you had to quickly squeeze into, and where you feared your older brother or sister would jam it at the precise moment, and you would be stuck while everyone watched you, laughing uproariously at being caught in purgatory.

For Federal employees and U.S. Postal workers who suffer from a medical condition where you can no longer perform all of the essential elements of your job, you understand and feel the Agony of Purgatory.  The medical condition has you stuck; your Agency is contemplating letting you go or doing something to get rid of you; and you don’t quite know what to do to expiate those “sins” you have allegedly committed.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and consider getting yourself out of the Agony of Purgatory, whether you believe in Roman Catholic doctrine or not, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: The Lies We Tell Ourselves

The linguistic/philosophical conundrum, to begin with, is the question: Can a person lie to one’s self?  Conceptually, it is an interesting phenomenon; for, the same person to whom one is lying to is identical to the one who is conveying the falsehood, and so — assuming that individual X does not suffer from some psychological state of a “split personality” or has a disengagement between one side of the brain with the other — is it even conceivable that a “lie” could be told if the person to whom it is told cannot possibly be duped into believing it?  For, isn’t the purpose of lying to someone to persuade that someone of its truth?

But if the falsehood is known from the outset, then what would be the purpose of lying to that person in the first place?  Of course, there could be a more subtle form of the phenomenon — sort of like the “world’s best-kept secret — known by everyone” type of experience where, although X knows that it is a lie, X feels comfortable in living the lie and thus continues on “as if”.

Take the following hypothetical: X’s kids are spoiled brats.  Everywhere they go — to restaurants, friend’s house, Grandma’s home — they fuss and whine and throw tantrums.  But instead of trying to correct the problem you say to yourself (and everyone else affirms it): Oh, they are just such brilliant kids that their rambunctiousness is merely a testament to their inner creativity — or some such similarly meaningless fodder as that.  Or, what about a health issue which is becoming progressively debilitating?  Don’t we lie to ourselves about that?  Oh, it’ll go away.  It’ll get better.  Today, I feel better, etc.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition continues to progressively worsen, and has impacted one’s ability to continue in one’s career — it may be time to stop lying to yourself, and to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  For, while the lies we tell ourselves may not always be harmful, it is often the one that we secretly know to be a falsehood that comes back to haunt us.

Sincerely,

Robert R. McGill, Esquire

Federal & Postal Disability Retirement: Relating negative events

Bad things come in pairs, or is it triplets?  Is there a tendency to relate and categorize in terms of color, logical sequence, similarities and characteristics?  Is the Kantian model of imposing categories upon an otherwise orderless universe the reason why we relate negative events in bunches, like grapes growing upon vines waiting to be picked?  Or do bad things happen in combinations naturally, as a law that cannot be avoided?

When we learn that others have been speaking ill of us, or of unkind statements and gossiping rumors spread about, do we not then consider the look of those around us and begin to suspect that the facial frown was directed at us, the distracted individual is not merely lost in his or her own thoughts, but is deliberately ignoring and shunning us, and even the dog that was once friendly is heard to emit a low-growling sound of unfriendly disposition?

Relating negative events is a natural response to a world that is orderless, and one that can be cruel — a perspective that is easily and readily confirmed by the uncaring attitude not just from an impervious universe, but from those who pretend to be out best friend, as well.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that 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, the Universal Law that dictates relating negative events becomes unavoidable: Suddenly, because you have taken too much SL and have requested FMLA, you are no longer the “golden boy” (or girl) who can be relied upon, and next comes the leave restrictions; the “Memorandum of Warning”, and then even a PIP; and what next?

Termination is the target for the future.

All the while, the “negative event” was the deterioration of one’s health, which then set into motion all of the other negative events which became related one to the other.

Bad things, unfortunately, happen in bunches, and it is important to initiate a “positive” element and infuse a “good” thing into the middle of those bunches of negative events, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is that positive step one can take for one’s self in the morass of relating all of those negative events that seem to have occurred without your consent.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Fathoms and farthings

They are words seldom used by ordinary people, and are instead found within contexts now of limited usage except by reference to anachronistic novels and reference manuals, or perhaps in sea-faring settings where such terms are related to between seasoned old-timers in the field.

The former term refers to the unit of measurement for the depth of the ocean’s topography; the latter, a unit of currency so small as to have become obsolete by now with the inflationary course of history having relegated such amounts to irrelevancy, and ceasing to be recognized as legal tender by 1960.  Besides, it was a “foreign” currency as well, and was not a currency used in current usage within recognizable current vintage, anyway (yes, yes, a bad attempt at alliteration and a play on words).

What do they have in common?  They both measure a unit of X, of course; they are also words that have “meaning” only within certain contexts, whether of specialized oceanographic particularization or, as to the latter, within a historical context if one were writing a play, screenplay, novel or short story that included anywhere from the Victorian to the Elizabethan periods.  It is a reminder to us all that words come in and out of “meaning” and relevance based upon the context given and recognized.

Language games”, as the term Wittgenstein ascribed, retain their relevance and applicability depending upon the context of the usage adopted.

It is no different when preparing, formulating and filing an effective Federal Disability Retirement application by a Federal or Postal employee, to be submitted through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Suddenly, the Federal or Postal employee is thrown into a “language game” that has been ongoing for decades, but is new to the Federal or Postal employee who must prepare an effective Federal Disability Retirement application.

Such terms as “The Bruner Presumption”, “viable accommodation attempts”, “Persuasive legal effect of other disability ratings,” etc., come into play.  Yes, you may be able to research and understand some of the terms, but the particularization and the anachronism of such terms may come back to haunt you unless you, as the Federal or Postal employee trying to submit an effective Federal Disability Retirement application, can fully comprehend the specialized nature of this complex process called Federal Disability Retirement.

For, like fathoms and farthings, it may be best to consult an attorney who has a long experience with such terms and usage in order to better heighten the chances of a First Stage Approval from OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Witnessing the residue

Most of us merely witness the residue; the process itself, the events leading up to the conclusion, and “during” as opposed to the “after”, and all of the miniscule details that make up “in between” are invisible, ignored, unimportant or simply not thought of.  We see the “end product”, only, and that is how it should be.  We don’t have time to watch the apple tree grow from a seedling; for sausages to be made; for politics to be compromised; and for other people’s problems to fester.  And even if we did, what difference would it really make?

We assume much – that characters we see in movies made from “based on a true story” (whatever that means – and how much artistic liberty was taken with the details of such a “true story”, and what part is true and what is not?) productions went to the bathroom in between shooting at each other and becoming heroes; or that when children are seen, there was once love between the couple (although, that can turn out to be a wrong assumption where adoption or other arrangements have been made) even if the residue we witness shows only acrimony, bickering and constant arguing.

For Federal employees and U.S. Postal workers preparing 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, “both sides” witness the residue – from the Federal Agency or Postal Service’s side, they witness the residue of a filing for a disability retirement, without knowing the long and arduous struggle that the employee had with the medical condition prior to coming to such a decision.  Or, for that matter, from the viewpoint of the supervisor or co-worker, such a decision may come as a complete surprise.

Conversely, from the viewpoint of the Federal or Postal employee who is filing for Federal Disability Retirement benefits, witnessing the residue of the Federal Agency’s reaction or the co-workers and supervisors who make comments, or say anything at all, is often an interesting phenomenon for its complete lack of understanding or empathy.  They simply didn’t know, didn’t care or didn’t take the time (or all three) in showing any concern during the long struggle with the medical condition.

The key, however, in witnessing the residue, is with respect to the U.S. Office of Personnel Management – the Federal Agency that reviews and makes a determination on all Federal Disability Retirement applications.  For OPM, it is important to formulate a concise narrative in answering the questions on SF 3112A, Applicant’s Statement of Disability.  How much of the history; to what extent the minutiae and details of the past; and the precision of establishing the nexus between the medical condition and the job duties – these are all important in the proper preparation, formulation and filing of an effective Federal Disability Retirement application, where witnessing the residue may be a void too important to neglect.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Unremembered

It is a strange concept that encompasses a sequence of duality in the willfulness of the mind – first, to recall, to bring out from the cognitive closet of one’s mind, a vestige of that which was once lost.  Then, the act of the “un” – a negation which abandons that which was once rediscovered; to cast aside and set away an image, a piece of knowledge or a conceptual relic once recovered but now, with deliberative intent, to throw it back into that back room collection where things reviewed have been considered but found to be unworthy to keep in open exhibition.

Thus, there is a linear duality of sequential negations: Once known, then forgotten; remembered and thus retrieved for review, and finally in the domino of cognitive acts, to deliberately engage in the “un” – to unremember that which was once reenacted and reengaged mentally.

It is, then, a deliberate force of the will to consciously engage in an act of self-engagement, and to extinguish like a flame once rediscovered in banishment to complete darkness.  The concept itself is reflective of life’s travels, where we engage daily living and become too involved in the process of advancing in our careers, bringing up kids as best we can, and forget the enjoyment of life itself, until one day we pause, look up from the ground that keeps moving under and behind us in our rush to constantly move forward, and ask the disturbing question:  What is this all for?  Why am I doing all this?  What is the purpose of all of this?

And then we remember: that youthful exuberance where dreams once lived, now deadened in the unresuscitated state of disrepair, when the world was still but an uncultivated terrain to be explored and conquered.  Then, we saw the potential not only of what could be accomplished, but of our own roles in the betterment of society.  We had once known; then, in the busy turmoil of life, we forgot; and then again, we remembered.  Once remembered, we smile, put on a brave face and move forward again – unremembering again by sheer willpower so that we can again “do” instead of becoming stagnant in the constant ruminations of a negation that requires the final step of “un”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is keeping the Federal or Postal employee in that step preceding the final engagement of the will to “do” by being stuck in the “un” world, the next step in the sequence to move forward is to begin to prepare, formulate and file 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.

For, it is the unremembered life that gets beyond the forgetting and the retrieval, in order to get to that step beyond – especially where a medical condition is involved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Employment: Pensive Passions

Often, truth is found in contrasting and inherently antithetical concepts; the fact that they may be contradictory in appearance, does not substantively make it so; and, instead, it is often the combined tension between the two which engenders cohesive cooperation, whether forced, mandatory, unhappily or otherwise.  Think of marriage.  Or, the productivity in moments of combative circumstances.

Does voluminous activity in the context of stagnation necessarily follow?  Or qualitative brilliance erupting from sedentary immobilization?  For Federal employees and U.S. Postal workers who suffer from a medical condition, the thought of “moving on” by filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, is often an anathema which prevents further reflection and thoughtful engagement on the matter.  Then, when it becomes an emergency because of months, perhaps even years, of procrastination and unwillingness, then and only then does the adaptation of one’s thought process begin to coordinate the reality of future orientation.

Filing for Federal Disability Retirement benefits through OPM is not an end, but merely a new beginning; it is not an indication of surrender, but rather an advancement towards a different future; and it is not “letting down” family, friends, coworkers or some unrealistic viewpoint concerning one’s self-image, but instead, is a recognition that priorities matter, and what is important in life must by necessity be prioritized, with health and one’s self-worth being at the top of the list.  Continuing to go to work in the drudgery of one’s medical morass, where the Federal agency and the U.S. Postal Service is no longer supportive of continuation in such a venue, is to remain stuck in an untenable situation.

Being pensive in the matter is to take some time to reflect; to possess passion, is that loss which once was a sense of awe in holding a jewel sparkling in regular moments during a routine of boredom, of getting up each day and looking forward to advancing one’s Federal or Postal career, but now because of a progressively deteriorating medical condition, has ceased and closed the curtain of enthusiasm.

Now, to have pensive passion is important, for it is that combination for the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, which will serve him or her well in the next phase of one’s life, in preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire