FERS Disability Retirement from the U.S. Office of Personnel Management

Just as preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is an administrative process — as opposed to an “entitlement” where a simple act of filing or meeting an automatic requirement makes one eligible and entitled — where one must prove by a preponderance of the evidence that the Federal or Postal employee meets all of the legal criteria for eligibility; similarly, once the Federal or Postal employee obtains the Federal Disability Retirement benefits, it is a “process” which one must be prepared to embrace, in order to maintain the continuing viability of one’s OPM Disability Retirement benefits, and further, in order to preserve the right to retain and continue to receive the Federal or Postal Medical Retirement benefits.

That is why it is important to understand the entirety of the administrative process — not only in obtaining the benefit itself, but to ensure future compliance with the statutes, regulations and case-law.

While legal and on-line resources are certainly available and abound with vast information, ultimately those very resources must be applied; and in order to apply them, they must be interpreted by someone who understands the entirety of the administrative process.  “Trial and error” is often not the best approach in preparing, formulating and filing for Federal Employee Disability Retirement benefits from the U.S. Office of Personnel Management, if only because the “error” may outweigh the benefit of the trial itself.

As such, it is advisable to consult with a FERS Medical attorney who can guide one through the administrative process — not only at its inception, but in its continuing maintenance and retention of this benefit called, Federal Disability Retirement.

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 for Federal & Postal Employees: Pegged

It normally has a negative connotation; rarely, a positive one.  One is not found to be “pegged” as a brilliant X or as a gentleman (or woman); rather, the “pegging” that occurs is more often than not of a reputation of denunciation.  X is pegged as lazy; Y as a shirker; and once identified as such, you are the outsider, the non-member, the one who becomes ostracized and tagged with suspicion and contempt.

Funny, how empathy may have preceded it; but then, empathy only lasts for so long in human beings, as patience is indeed a virtue which cannot withstand the test of endurance.

Federal and Postal workers who have a medical condition may have evoked some sympathy from coworkers, supervisors and the Federal Agency’s managers — for a time.  But after a short period of an empathetic response, you are expected to “rejoin the team”, as the saying goes, and get back to “accomplishing the mission” (as another saying similarly goes).  Otherwise, you are pegged as “that one” — the one who creates a burden for the rest of the Agency because your work must be taken up by others.

For Federal employees and U.S. Postal workers who must file for Federal Disability Retirement benefits under FERS because you have been pegged as “that one”, consult with a Federal Disability Retirement Lawyer who specializes in Federal Disability Retirement Law.  Being pegged is one thing; being terminated or placed on a PIP is quite another; and if either are in danger of occurring, you will need to take the next step and take the chance that you might be pegged as a Federal Disability Retirement annuitant.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement from Federal Government Employment: Rational Discourse

In the world of academia, whether as a student or a professor, the ivory-tower atmosphere tends to de-couple and de-link reality from perception.  There is, to begin with, “the world” and its events, causations, occurrences and peoples intertwined by engaging in the politics and activities of daily living; and then, there is our “perception” of such events, which — in their aggregate — is comprised of and by our backgrounds, our beliefs, our interpretive faculties and the paradigms from which we operate.

In college, the world within which one operates is a limited, protected, self-contained universe in which ideas, books, deadlines for term papers and testing for knowledge retained are all experienced through the tunnel vision and narrow prism of a fantasy-world created for rational discourse.  The fact is that the universe is comprised of much irrationality and phenomena otherwise unknown or not capable of explanation.

In a Kantian manner (uh-oh, here we go with the rational discourse prism), we bring to the world the belief that everything must have an explanation, all events must be able to be explained by a rational discourse — but reality hits us hard in the face, or upon the backside, whichever metaphor you prefer.  Perhaps that is what is meant by “growing up”.  For the cynic, the universe has become a jumble of irrationality; for the proverbial optimist, everything yet to be explained can simply be set aside for future revelation.  Somewhere in the middle is where most of us belong.

For Federal employees and U.S. Postal workers who suffer form a medical condition, and where that medical condition betrays the fond memories of our youth when health was taken for granted and mortality was never even considered, filing for Federal Disability Retirement benefits may seem like an ugly choice.  In a world where rational discourse should prevail, the irrationality of a chronic medical condition seems to be an unfair event that requires explanation — or, at least a good defense.  We can question and puzzle; we can fret and worry; but in the end, the stark choices are there before us.  Whether, ultimately, there is a rational discourse that can adequately explain the medical conditions by which a person suffers — or not — is often besides the point.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement benefits under FERS and begin the process of obtaining a Federal Disability Retirement annuity, and let the questions concerning rational discourse remain a mystery to be solved in some unknown days ahead.  Life is difficult enough to maneuver without worrying about one’s future, and getting a Federal Disability Retirement annuity at least softens the blow in a universe that often seems impervious to the private hells of individual troubles.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement from the OPM: Expectations

What are they?  Is it something that we place upon ourselves, or merely the burden of what others have said?  Are there implied ones as opposed to direct and blunt ones?  Do they scar and damage throughout our lives, based upon the haunting sense of what we believe our parents demanded?  Are expectations the cumulative juncture caught between our own dreams, the demands of parents, and what we believe society considers success or failure?

Do we carry them about without an awareness of their influence, forgotten in the closets of our memories until psychoanalytical triggers suddenly bring them to the fore and where we suddenly blurt out, “Oh, yes, that is where it all comes from!”  And what happens when reality blunders upon expectations and the two conflict within the agony of our lives — do we (or more appropriately put, can we) abandon them and leave them behind in the ash heaps of discarded disappointments?

And when do we become “smart enough” to realize that the old vestiges of expectations need to be reevaluated and prioritized, and not allowed to remain as haunting voices that we no longer remember from whence they came, but remain as unwanted guests within the subconscious purview of our daily existence?

Expectations — we all have them; but of priorities in our lives, we rarely reorganize them in order to meet the present needs of our complex lives.

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 job and position, it may be time to re-prioritize those expectations that one has about one’s career, one’s future, one’s…life.

Expectations can be a positive force — of placing demands that spur one towards heights previously unimaginable; but that which is a positive force can turn upon itself and become a negative influence, especially when the check of reality fails to make one realize that priorities must be reassessed based upon the changing circumstances that life itself brings about.

Filing for Federal Disability Retirement benefits because of one’s deteriorating health may not be what one ever “expected” — but, then, all expectations have always been conditional in the sense that the demands made depended upon circumstances remaining the same.  When circumstances change, expectations must similarly adapt.

Preparing and submitting an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, may seem like a lowering of one’s expectations; yet, as it was always conditional upon the state of one’s health, a concomitant alteration of one’s expectations must meet the reality of one’s changed circumstances.

That is the reality of life’s lesson: Prioritize — health, family, career and the changing levels of expectations.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Retirement Attorney

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

 

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 Employee Disability Retirement: The centrality of fringe

In whatever definition one wants to adopt, the meaning is clear:  It is that which is on the outer periphery, and not central to the essence recognized.  But what if the reversal occurs?  Can that even be imagined?  Can the fringe constitute a substantive centrality, and yet retain the stability of its essence?  And, once the mirror conversion occurs, does the identification remain as it was, or do we accept the fringe elements as the convention, and the formerly known staid components as outside the normative foundations of an acceptable core?   Can that which was once considered unacceptable, metamorphose over a sufficiently quantitative linear heritage to the extent that the bizarre can become the best and brightest?

In Darwinian evolutionary hypotheses, the concept of a sudden mutation occurring as a result of environmental pressures forcing an alteration for the benefit of the organism’s survival, is often rejected because, as a general rule, nature does not favor large-scale transformations, unless there is a concurrent catastrophic need arising with little time for adaptation.  Yes, in cultural transformations, where artifice of choosing may occur by the quiet assent of a silent majority, the fringe elements may dominate by sheer vocal exuberance in drowning out any meek protest by will of volume.

Most people want quiet lives uninterrupted by forced decay of choosing; the sheep follow in drones of silent consent, if only because each can see only the limited perspective of the backside inches before, and stoppage of movement would mean being accosted in the rear by another follower of mindless assent, where discomfort is the greater evil in comparison to refusing to take another step.

At what point does an insignificant minority take upon an appearance of greater dominance, where the cacophony of shrill voices exceeds the disproportionate echo of seamless quietude, and we simply give in because the comfort zone of silence is shattered by the discomfort of resistance?  Those threads which flow freely – the ones which give an added “touch” to a piece of clothing, the Persian rug or the shawl which warms; what distinguishes that from a frayed mind, a singed material where residue of ashen leftovers appear as dangling limbs from a cauldron of confusion?

At some point, each of us becomes mere fringe elements, despite our best attempts at remaining relevant.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition has cast the Federal or Postal employee into that pot of “otherness” because of an inability to perform one or more of the essential elements of the Federal or Postal job – it is time to do something about having been re-categorized as a “fringe” element.  Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal employee is under FERS, CSRS or CSRS Offset, may be the only way in which to cross back over into the essence of what it means to be central to the essence of life’s hope, and not allow others to castigate us into being the centrality of fringe, when that is not where you belong in the first place.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The vibrancy factor

There is much talk these days about energy, vibrancy, health and stamina; what defines it, that which best represents it, and to whom we attribute the importance of superficial concerns.  This is an age of appearances, and it has been now for many decades.  We still hear talk about the disjunctive opinions embracing the first televised debates between Kennedy and Nixon – how, for those who viewed it, the former “looked good” and the latter appeared “drawn and shady”, with dark shadows under shifty eyes in contrast to the well-tanned presentation of the former.

For those who didn’t have access to a television, or otherwise sat forlornly in a corner pub sipping the froth and listening somewhat distractedly, the voices emitted from the trusty radio transmission evoked a different opinion and perspective:  Nixon won the debate, and Kennedy sounded less confident, less knowledgeable on the substantive issues.  So, who was right (note the past tense, as most who were old enough to pass such monumental judgments have already entered through the corridors of Dante’s Circle)?  Or, is the judgment of “right” versus whatever other categorization one may presume, of irrelevance, and it is all a pot of bosh left to subjective opinions cascading down waterfalls of opinionated tropes?

There is, in the end, a vibrancy factor which we all care about, whether or not it shows, or to what television personality we may attribute such sustained bursts of energetically deplorable innuendoes.  “Charisma” was associated with the Kennedy presidency (likely imparted by the conspirators and inner circle of advisors and political hacks), and the entrails of Nixon’s later administration became an emblem of who we are today (yes, he must be turning in his grave when comparing notes with today’s standards as to what constitutes high crimes and misdemeanors resulting in insinuations of impeachability).

For the rest of us, however, the vibrancy factor is a very simple matter:  Do we live life with a liveliness of hope, or dread each day with the burden of despair?  That simple bifurcation defines most of us.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition burdens and drags, and depletes and destroys – the choices are fairly simply and straightforward:  Stay, walk away with nothing, or file for Federal Disability Retirement benefits.

The first of the tripartite is rarely a true option if Federal Disability Retirement is being contemplated because of a medical condition; the second, barely to be considered because of the time already invested and the question of one’s future stability is asked; and so the Federal or Postal employee suffering 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, must ask and consider the viability of the “third option” – Federal Disability Retirement.

For, in the end, the vibrancy factor rules us all, whether because we attribute self-worth and society’s superficial concerns to the advent of television or not; “vibrancy” has to do with life itself, and the innate charisma of a soul battered and pushed about, but rarely beaten until life’s loss of vibrancy takes its ultimate toll.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The effect of nature’s muse

The connotation is often in the quiet reflection of silence; but other references can embrace any of the nine daughters of Mnemosyne and Zeus, and as each presided over various arts or sciences, so the inspiration or guidance we receive is spiritual or otherwise from an unknown source of creativity.  Have you ever walked through a forest and come upon a clearing where the light suddenly opens upon a spot of heaven?  That is the effect of nature’s muse.  Or of a sudden realization that the darkness overwhelming as a burden upon a donkey’s back, is lifted without explanation and released with but an unspoken pardon?

Much of life and living involves sadness, decay, dominance of fear and trepidation of anxiety; and so when deliverance from devastation comes in slices and paper cups of limited portions, we drink thirstily as if the starvation of life’s travails imprisoned our very existence for an eternity of hell.

We often suspect that gods and goddesses laugh at us from on high, behind corridors shuttered and tree limbs cascading; and in the hint of nature’s muse, we wonder whether it is all “worth it”, as if value is embedded in the secrets of Tibetan mountains.  But as the guru who drives a Rolls Royce but speaks the language of a spiritual monk winks at the followers who would grant comfort and bespeak of secret incantations reserved for the spirit of folly, so the rest of us suspect that there is something inherently wrong with the world at large.

There are always “dark forces” gathering, conspiracies mounting, and greater inequities planned for the lives of the “common folk” – who almost always includes you and I, but never the guy on television.  Does nature indeed have a sense of humor, a glint of glee or a mirth of pardonable satire?  Or is it as cold and impervious as Darwinians would have us believe?  Better were those days when hobbits, goblins and elves could be believed; where the moon was more than just mere lifeless rocks and dirt; and unnamed spirits roamed the earth.  But of nature’s muse, we can still attach our own joy, the inner warmth we still possess and the jewel of a private soul we still retain.

For Federal employees and U.S. Postal workers who yet seek to become released from a private hell involving a medical condition and the persistent deterioration wrought from an inability to perform one or more of the essential elements of one’s Federal or Postal job, the preparation and filing of 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, is often like a realization that the effect of nature’s muse is like that sudden clearing one accidentally wanders upon in a forest full of darkness; it is only when there is a spot of light which provides for hope, that value is rediscovered, and that search and discovery may be attained in the very process of preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire