FERS Disability Law: Falling Through the Cracks

Where did that phrase originate from?  It often refers to small things slipping through without getting noticed because of their insignificance, whether because of size or lack of notoriety.  Children who lack popularity are often thought to be in danger of falling through the cracks — of not being given their due attention; of being ignored; of failing to be noticed.

The amazing thing is that we ever even notice it at all; for, by and large, most of us fall into the category of enforced anonymity — of being in danger of falling through the cracks.  Whether you are the “star” of the class or the “appointed one” whose every move is ooh-ed and ahhh-ed — most everyone else is of the ordinary ilk, unnoticed, ignored or otherwise already having fallen through the cracks.

Federal employees who suffer from a medical condition fall into that category — of either having fallen through the cracks, or about to fall through the cracks.  This is because the medical condition itself relegates the Federal and Postal employee into the category of the “outcast” — of those who have fallen through the cracks.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and see whether or not you might qualify to fall through the cracks of the U.S. Office of Personnel Management and land upon the other side where you can become a Federal Disability Retirement annuitant, where falling through the cracks will allow you to prioritize your life and focus upon the more important elements of a life of health and well-being.

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 Application: In the Modern Age

Are there greater problems today than there were before?  Are there more bad people; is there a greater number of sexual predators; do people on the whole act with greater aberrance than in times past?

Of course, much of such questions depends upon what you define as “before” — as in, what historical time period, which civilization as the comparative reference point, and are we applying the same acts committed (i.e., apples-to-apples), etc.

In the modern age, is there more stress in the workplace?  Are psychiatric conditions worse and more prevalent because of the increase in workplace hostility and stressful conditions?  Is there a better way to keep and retain productive members of the workforce — i.e., to accommodate them — than to provide them with a disability annuity?

In the modern age, the level of workplace stress has, indeed, seemingly increased, to a rate and frequency where devastation of lives occurs in greater numbers than before.  Before — as in, when?  Such a question is an irrelevancy.  The modern age has no equivalence, and therefore no comparative analysis can be wrought.  Instead, the proper focus is to fight for one’s rights and one’s benefits.

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 position, contact a qualified OPM Lawyer who specializes in Federal Disability Retirement Law.

For, in the modern age, there exist laws which provide for alleviation from the medical devastation wrought by society’s undue workplace stresses, and asserting one’s disability rights is fortunately a benefit available in the modern age.

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 Medical Retirement Benefits for Federal Employees: This Difficult Life

Life is difficult.  “Living” always has roadblocks, obstacles, challenges and concerns.  We try and teach our kids enough optimism to meet those challenges, with a peppering of cynicism to recognize that very little comes easily; nothing — or almost nothing — is free; and that we are not invincible beings, but vulnerable, and ultimately mortal.

The frailty of our society was always there — it is just that this pandemic brought it out into the open.  It is like our bodies and minds — it was always susceptible to illness, disease and breakdowns; and when it happens, we are too often surprised and come to realize that this difficult life presents too few options.

One option, at least for Federal employees and U.S. Postal workers, is to file for OPM Disability Retirement benefits through the U.S. Office of Personnel Management.  It is a benefit open to all Federal and Postal employees with a minimum of 18 months of creditable Federal Service.

Contact an OPM Disability Lawyer who Specializes in Federal Disability Retirement Law, and consider that even in this difficult life, there are options to consider in order to secure a future yet uncertain.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Disability Retirement Attorney

 

Postal & Federal Disability Retirement: Competing Interests

It is a concept which is familiar to all; for, within a society where various individuals interact, where each person represents a self-interest and groups of individuals combine to form aggregate (or “corporate”) interests, the competition that develops and erupts is a natural phenomena.

For the most part, society operates well and rather smoothly; courts allow for competing interests that have reached a point where resolution must be arbitrated by a third-party authority; physical violence where competing interests resulted in an altercation are resolved by a criminal judicial system; and a well-trained police force deals with competing interests where laws have been violated.

Between nations, competing interests are often resolved by diplomatic negotiations — or end up in wars, resulting in devastation and famine for the general population.

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 competing interest which should be identified are: The applicant, whose interest is to obtain a Federal Disability Retirement benefit; the Federal Agency or Postal Unit, who may or may not be supportive of the employee/applicant, and thus may represent a “first order” competing interest; and the U.S. Office of Personnel Management, whose competing interest is to deny, where possible, the employee’s application for Federal Disability Retirement benefits.

There is also a fourth “competing interest” — that of a Federal Disability Lawyer who will effectively represent the Federal or Postal employee.

Such a lawyer, however, “competes” against the Agency and OPM, and advocates for the Federal or Postal employee.  Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and consider whether or not you need proper legal representation in competing against the competing interests you will be facing in a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Pushing Forward

This is a society that always pushed forward.  Older societies; countries and groups that have been around for a long time; established families and ones declaring aristocratic lineage — they all rely upon the past.  It is the glory of the past that gives credence and status to most other societies; ours is a personality for the future, and so it is difficult when an illness, injury or disabling medical condition holds us back, keeps us static or restrains us from pushing forward.

Forward progress has always been the gauge of success, the measurement of merit and the stature of upward mobility.  The frustration felt because of this recent pandemic is emblematic of our inability to remain in place.  Pushing forward has always been our identity, our force of attraction, and to hold back goes against our very nature.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is holding you back from performing successfully all of the essential elements of your job, preparing an effective Federal Disability Retirement application may be the way to push forward.  Yes, it is a sort of “pulling back” — but only as a temporary measure.

Federal Disability Retirement encourages the medical retiree to work in the private sector and make up to 80% of what your former position currently pays, and in that sense, retiring on a medical disability is simply another way of “pushing forward” — just in a different career.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: The isolation

Generally, we accept the statement that Man is a “social” animal, and by that we mean that he or she prefers, all factors considered, to live in communities and interact voluntarily with others, as opposed to living in isolation, apart and separate.  That we congregate in bunches of aggregate intercourses is not uncommon; that we enjoy the company and camaraderie of social discourse is considered “normal”; but on the other hand, that we like to be alone at times is also not disputed.

There are those who cannot stand being alone; others who must always be in the company of someone; of still many who fear being alone in life, and desperately cling to partners who one neither deserves nor should solicit for the sake of one’s own well-being.  For, in the end, even the loner was born into the communal world; that he or she decided to betray the conventions of society and isolate himself is not an argument for normalcy of being.

It is, in the end, the isolation that is most daunting; of being targeted and separated and placed into a proverbial-type of sequestration or solitary confinement.

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 concept of “isolation” is not a new one.  Whether because the Federal or Postal employee feels isolated because he or she cannot tell anyone about the medical condition or, having told about it, the Federal or Postal employee is deliberately being isolated because of the medical condition, matters little.  Both result in the same consequences.

The “targeted” employee; the one who is no longer “part of the team”; the one who has dared ask for an accommodation; the one who is no longer invited to meetings or in the general sharing of information; the isolated Federal or Postal employee needs to file for Federal Disability Retirement benefits through OPM, lest the isolation results in the continued harassment and ultimately ends in a termination.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: Tarnished lives

These days, are there any other kinds?  Do saints exist, or is it merely time which erases the stench attached, and as history is recorded and memorialized by sympathetic co-conspirators attempting to preserve the sanctity of reputations and disregarding the detritus of humanity, so once the sanctification by pontifical decree settles upon a figure previously considered human, and now an idealized version of an individual lost in the complex historicity of biographical omissions, the tarnished perspective of lives once lived has disappeared into the ethereal universe of a surreal reality.

All lives are tarnished; but the moment one makes such a statement, it becomes a meaningless declaration.  For, just as stating that X is “all-inclusive” necessarily negates its opposite, so to posit that Y is “pure nothingness” undermines the very essence of “something-ness”.  If everything is meaningless, then nothing can have less or more meaning than anything else, and thus do we end up with an anarchy of language.  So, to qualify: Yes, all lives are tarnished, but some lives more so than others, and others, less so than further others (somewhat like the declaration in Orwell’s Animal Farm, where “all animals are equal; but some animals are more equal than others.”).

And thus do we live this way, where the cynic believes that there are no saints, and the naïve minority of individuals who believe in such blather repeatedly invest in purchasing the Brooklyn Bridge as a sound retirement strategy next to Bernie Madoff’s pyramid scheme.  But of what do we judge a “tarnished” life, as opposed to one that is not?  Does a minor blemish amount to the same thing as a total spoilage of the whole?

That is where people have often misinterpreted the religious teachings of entrance into heaven, where purity through the sacrificed Lamb allowed for gaining a foothold into heaven, but where – from that – people argue, therefore, God doesn’t make a distinction between a minor infraction of sin and the carnage of murder or some other equally greater offense.  But surely there is a difference with a real distinction between that which requires purity in order to enter into heaven, as opposed to judging the difference between types of moral turpitude?

Yes, we all live tarnished lives, but some lives tarnished are of greater consequence than others.

For Federal employees and U.S. Postal workers who view the onset of a medical condition as a “tarnished” smear upon one’s career, and thus resist leaving until that smudge has been erased, good luck.  The reality is that a medical condition is not a reflection of any “fault” or “negative” judgment upon a person; instead, it is simply a reality of one’s mortality.  Some people never suffer from a serious medical condition; others, with more than a fair share; and most of us fall somewhere in between.

For the Federal or Postal employee who suffers from a medical condition such that Federal Disability Retirement must be considered, always remember that the need to seek an alternative remedy through a Federal Disability Retirement is never a reflection that deems that one now falls amongst the tarnished lives of greater misdeeds, but merely a reality in this mortal world of fallen souls, no different for this generation than for the centuries of such tarnished lives in unmarked graves of yore.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Federal Employee Medical Disability Program: Potluck

It is where everyone –  family, neighbors, friends, acquaintances, and even those who don’t want to, but feel the pull of obligation by the sheer weight of embarrassment or shame – brings a dish of something to the occasion, gathering or congregation of confluence.  That is both the rub and the drub, isn’t it?  We never know what is brought to the event; and for some, slinking in unnoticed with empty hands, and once there, who asks what the contents of the contribution consisted of – which can easily be dismissed, in any event, with an inane response of, “Oh, this and that, you know,” and walk away knowing that good manners will prevent any further query of suspicion.

There are always three elements (just three?) to the concept of a “potluck” meal:  (1) If sufficient numbers are invited, the likelihood of a grand and satisfying feast will aggregate (of course, the better preparedness would assign various categories to each invitation – i.e., invitees “a” through “d” brings entrees; “e” through “k” desserts; “l” through “r” side servings, etc.), (2) While some overlap and duplication might occur, the statistical chances are that a wide variety of random amalgamation will be the result, and (3) the greater the participation, the higher statistical chance of success.

It is of this last element that applies to Federal and Postal employees considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, regardless of whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, it is the “other side” of the shotgun approach – of allowing for multiple input, various hands and uncoordinated resources, that implodes with an inconsistency of strategic focus.

Medical conditions are interruptive enough; the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties, often results in a parallel inability to prepare, formulate and file an effective Federal Disability Retirement application.

That being said, “help” and “assistance” of the non-legal type may come from spouses, family and friends –  voices which neither know the pain of the applicant who is filing for Federal Disability Retirement benefits, nor are familiar with the legal pitfalls and consequences attending to each procedural and substantive step of the process.  “Help” is always a “good” thing; but in preparing an effective Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management, the “potluck approach” may be the least desirable of methodologies to engage – unless you simply want a good and hearty meal in the process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Tantum ergo

It is the incipit of the last two verses of a Medieval Latin hymn written by St. Thomas Aquinas.  Aquinas is best known for his inclusive osmosis by fiat of stretched logic to accommodate and force commensurability the texts of the ancients (i.e., Aristotle) within the essential boundaries of Christian theology.  His methodology in accomplishing this feat was to posit the weakest of straw man arguments, then to systematically appear to knock them down, and then to declare a forceful conclusion as if the ergo naturally and rationally followed.  That the conclusion is followed by verses subsequent, reflects how life works as well.

Sometimes, we mistake the “Hence” or the “Therefore,” and believe (wrongly) that nothing should follow.  But such conjunctive adverbs are often confused as if they denote answers to mathematical calculations.  Life rarely works in that manner, and it is entirely right that the tantum ergo should follow with additional discourses upon the beatific vision of the hymnal’s content.  Indeed, that is how we often and mistakenly live our lives – to accept with resignation that the declarative utterance, “Therefore, so great,” results in a quietude and silence of subsequent ceremony.  We wait upon it, and when it comes, we submit and concede.  Or, as in cases more common, it never comes, and thus do we surrender.

That is how Federal employees and U.S. Postal workers who are on the verge of preparing a 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, approach the impending suspicion of doom or failure; the Tantum ergo is declared by the Federal agency or the U.S. Postal Service, and the Federal employee or the U.S. Postal worker accepts it as gospel truth, when in fact one should always recognize a countervailing principle of life:  a lie is a lie, is an untruth, is a lie, is a mis-statement of the law, is still a lie.

This author will not go so far as to say that Human Resource offices throughout the Federal Agencies systematically engage in disseminating falsehoods; perhaps, many merely relate the misinterpretations gained through osmosis of gossip; but, in any event, whether from a Federal agency or the U.S. Postal Service, the groundless surrender based upon a seemingly unassailable declaration that, “Therefore, so great” – whether referring to itself; whether in misstating the legal consequences of failed accommodations and the impact upon filing a Federal Disability Retirement application; of failing to inform the Federal or Postal employee of the rights of filing with the U.S. Office of Personnel Management – the Federal and Postal employee should always be cautious of taking as face value a declaration by the Federal agency or the U.S. Postal Service that single utterance of self worth:  “Therefore, so great.”

Especially when it is referring to itself; always, when ascribing motives unstated; and forever, when trying to undermine the Federal or Postal employee.  And as to the multiple verses which follow upon the Tantum ergo?  Mistake not:  there is always life after Federal Disability Retirement; and let not one be fooled into thinking otherwise.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The magical potion of impotence

It is the insertion of the preposition, or the omission thereof, which makes for the alteration of meaning and the subtlety of conceptual differentiation.  Note that it is the grammatical playground – “of” – as opposed to “for”; and that small distinction makes for a vast difference.  For, if the latter would replace the former, then it would mean a declaration of a solution to the age-old problem of what old age does to us, what loss of vigor for life, stamina in living, and deterioration of purpose makes of us.

Instead, because of that minor word, comprise of two letters – a consonant and a vowel – as opposed to the addition of another consonant, that identifies the problem, as opposed to proposing the solution.  For, if one were to insert the headline, “The magical potion for impotence”, and moreover, end it with an umph by inserting the punctuation of an exclamation point (“The magical potion for impotence!”), and even make the relevant preposition in bold (“The magical potion for impotence!”), it is a confirmation of a solution found, and not a problem identified.

Instead, we are left with less, abandoned by a twofer as opposed to a threesome; and by that mere omission of a singular consonant, the entire meaning of the declarative sentence is reduced to a core admission that not by a solution is the sentence offered, but by a mere confession of less and subtracted inferiority.  And, what is the “magical potion” of impotence?  What lack and lessening are we referring to, when by prepositional subtraction, we refer to the problem and not the solution?

It is (surprise) – words and language.  For, language is both magical, and a potion of sorts; it allows for communication, conveyance of meaning, and a solution to puzzles universally acknowledged.  It excites for the beauty of imagination, where one may observe a child lost in thoughts, in fantasies created by fairytales and worlds within the psyche of one’s soul, and delight in laughter, dream in aspirational hope, and become laughing mites in a greater world of sorrow and darkness.  It is through words, sentences and conceptual compounds that wars can be averted, disasters can be presciently subverted, and love can be expressed.

Concurrently, however, it is also the venue to an inability to accomplish – and that is where the magic itself, in potion-like medicinal dependence, can undermine the vigor of living.  It is when we depend upon words alone, and ignore the reality of the physical world around us, that it contravenes the very essence of life.  For, words alone, without necessary actions to follow, will often result in a weakened state of impotence.  It allows for a somnolence of seeming serenity, where we engulf ourselves in the security of words, more words, and greater soothing slumber of mere words.

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 position, beware of the magical potion of impotence; for, one can remain in the wallowing slumber of words – words from doctors, sentences from Federal Agencies, threats from Supervisors and Managers – and never take the necessary next steps.

Preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, requires that “next step” of “doing” – so that the magical potion of impotence can become transformed into the magical potion for impotence, and not remain the lesser, the subtracted, or the omitted consonant left behind.

Sincerely,

Robert R. McGill, Esquire