Tag Archives: how to handle your transition toward medical retirement with the employing agency or usps

OPM Medical Retirement: The Long, Hard Slog

Much of life can be characterized as such, and those unwilling to endure the concept are either left behind or end in interminable voids of unsolvable problems.  The slog itself is long, hard and uninteresting — one of making it through the day, of life activities, lacking meaning or substance, often unexciting and barely tolerable.

Especially in this country, where we have lost any sense of community, and we barely even know our neighbors, leaving aside our own family.  Life becomes a long, hard slog when relationships break down and we come to believe that “meaning” is attached to objects and possessions, or in having a “cause” to believe in.

Like Sisyphus pushing the boulder up the hill only to see it roll back down the other side, we wonder perpetually and question daily the meaning of it all.

We have abandoned the idea of  “the true, the beautiful, and the good” — the triadic concept which can be traced back to Plato paralleling the fields of knowledge, art, and morality, essentially encompassing the Western Philosophical tradition which provided the foundation of our educational system.

However, since we no longer believe in truth, have denigrated art, and abandoned morality, we are left with an anarchy of thoughtless vacuity where we are each isolated by the grandness of our own opinions.  Everywhere the seams of civilization appear to be unraveling, and we are left alone with the hard and long slog.

For Federal employees and U.S. Postal employees who suffer from a chronic illness or injury which further complicates and exacerbates the long hard slog, it must be understood that the process of attempting to be approved for FERS Disability Retirement benefits itself is a long bureaucratic slog itself — a reflective microcosm of the greater societal long slog, and it must be viewed as such if you are to survive the battles ahead.

In preparing for that long and hard slog, you may want to contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider what it will take to prepare of the long administrative slog of trying to win the battle against the U.S. Office of Personnel Management under FERS laws.

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 Benefits: Holding on Too Long

We all have that tendency; we live with the old rule & adage: “throwing good money after bad”; “to abandon is to admit failure”; “maybe tomorrow will be different than today”, etc.

Few of us are able to cut the string or the proverbial umbilical cord when time, circumstances and all indicators reveal to us the wisdom of doing so.  We hold on for too long; we don’t want to admit and face “the facts”; we want to believe that tomorrow is that ray of hope where yesterday was the shadow of darkness, but where darkness was a thing of the past.

Yes, there are rare instances in which stories of hope and rejuvenation profited the stubborn exception; but that is why there are such stories in the first place — they are the exceptions which defied the normal course of most circumstances.

For the Federal employee or U.S. Postal Service worker who suffers 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, holding on too long has more than a price to pay in terms of time wasted; it has to do with your health.

Holding on too long can continue to help deteriorate the health which you are attempting to preserve.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of “letting go” — an act of the will, and not merely the words of a Shakespearean fool who brings down the King and his kingdom with a crash of tragedy echoing beyond Lear’s empty ravings.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: Thinking Straight

Why “straight” as opposed to curved or in a zig-zag manner?  Who first thought that it was preferable, desirable, and even “smarter” to “think straight” as opposed to a thought process which involves a greater complexity of circuitous routes?

Is the origin based upon a metaphor or an analogy — that, because the shortest distance from Point A to Destination B must by geometric necessity involve a straight line, and therefore one may extrapolate from such a mathematical truth that the thinking-process which yields the best results is compromised of a similar metric: Of a direct and non-convoluted form of cognitive input, without the wavering lines and complicated conundrums involved in any form other than a straight line?

Yet, the process of “thinking” itself is often one that must include reflection upon multiple and endless variables: What if this happens?  What about such-and-such circumstances?  What about conditionals and unknown factors, and how will it end up if X fails to materialize or Y begins to dominate?  What about the principle contained in Occam’s Razor?  Is that the analogy that prevails upon the concept of “thinking straight”?

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, the question as to whether you should consider filing for Federal Disability Retirement benefits under FERS should, indeed, be based upon “straight thinking”, and the process of “thinking straight” should generally apply.

However, as Federal Disability Retirement Law is a complex administrative process that involves multiple facets that intersect with the Federal Agency, the Human Resource Office, the U.S. Office of Personnel Management, and complexities involving accommodations, potential reassignment issues, etc., the fact that a straight line may exist between the filing of a Federal Disability Retirement application and the approval or denial by OPM of that application, does not make it any simpler.

Complexity is a fact of life.  To simplify things, you should consult with an attorney who specializes in Federal Disability Retirement Law in order to make sure that “straight thinking” is achieved by thinking straight, and that should come from advice and counsel which gives you the right direction on how to get from Point A to Destination B.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Down a Rabbit Hole

The phrase originates from the novel by Charles Dodgson (under the pseudonym Lewis Carroll) entitled, Alice’s Adventures in Wonderland, shortened to “Alice in Wonderland”, and has come to take on a wider meaning — embracing any experience where one unexpectedly encounters a surreal, bizarre universe or phenomena.

The phrase is an interesting one — of somehow entering a different kind of reality where a parallel universe exists.  The rabbit holes of real life are more mundane — of a nest found in one’s back yard where young bunnies huddle together in fear of being discovered, and where hope of survival depends upon people walking by oblivious to the shelter and dogs failing to sniff out the hideouts.

We all walk through life hoping that we can avoid falling down a rabbit hole, and many of us deliberately avoid areas that may be pocked full of them, like so many potholes in roads and bridges that have been left in disrepair.

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, the necessity of filing a Federal Disability Retirement application, to be file through the U.S. Office of Personnel Management, may be considered tantamount to falling down into a Rabbit Hole.

OPM is a large bureaucracy, complex in its administrative procedures and processes, and the entire journey of preparing, formulating, filing and maneuvering through the Federal Disability Retirement laws, procedures and regulatory morass can be somewhat likened to Alice’s Adventures in Wonderland — only, the reality of it is that the surreal universe of the bizarre must meet the universe of necessity, and while the child who reads about Alice can delight in its wonderful tales and adventures, the Federal or Postal worker must live within the reality of a medical condition that remains forever.

That is why, in both cases, falling down into a rabbit hole will often need some expert guidance — like consulting with an attorney who specializes in Federal Disability Retirement Law so that the rabbit hole one falls into enhances the chances that the bizarre will ultimately lead to a successful endeavor out of the maze of OPM’s complex processes.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: The defeating question

It is the question itself which is often “telling”; it informs us of where the line of answering and posited queries is likely to take us.  It is like the map that guides in a certain direction, the compass that informs one of the vantage point of one’s existence or the gravitational pull which pulls in order to remain cohesive with other heavenly bodies; the question itself may not even need an answer.

The latter, of course, is referred to as a “rhetorical” one – that which needs no answer, is asked without necessarily seeking a response, and the one that, standing alone in the silence of an unsolicited reflection, cuts deep into the queried subject in order to provoke a contemplative reaction.  But of the “defeating” question – is it ever asked or, if it is, what is its purposive intent and deliberative content?

It is the one that is avoided, and left unasked because the facts, circumstances and surrounding context will almost always already be known to the inquiring mind.  What is the purpose for which it is asked?

No, not to defeat, but rather, to admit to the already-obvious answer that is readily known, by virtue suspected and thus absented and avoided.  Plagues reported, germs suspected and sneezing people avoided, the defeating question is the one that you already know the answer to, but by the mere fact of not vocally articulating it, is intended to remain unspoken and thus carefully avoided.

It is like the neighborhood bully that requires running after school at full speed over fences and back alleys; and like the dog barking in the early morning requiring one or of the other of the spouses to get up and let out, each hoping that the other will think kindly of the fake snoring and each avoiding the direct obligation and love for the animal itself; the defeating question, once asked, is in danger of being answered and therefore brought “out in the open” for no one to ignore, anymore.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition may require the Federal or Postal employee to prepare, formulate and 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, the question unasked and avoided, and the one feared as the “defeating question” is quite simply: Do I need to file for OPM Disability Retirement benefits?

Already answered.  The only difference is, what is meant by “defeating”, is often within the purview of the inquiring mind.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Chasm Between Sanity and Twilight

Sometimes, there are moments of clarity where one is left with wonderment at the behavioral folly of individuals, organizations, and groups of collective consciousnesses (what an untenable word — the pluralization of that which ends in what appears to be the plural form of the noun).  Whether one agrees with the Supreme Court’s holding that corporations should be treated as “persons”, the fact is that organizations act in collective aggregates in similar manners as individuals and amoebas.

Group-think, herd mentality and symbiotic consciousness of behavior is not unfamiliar to us all; for Federal and Postal employees who suffer from an injury or disability, and where the medical condition leads the Federal employee or the U.S. Postal worker to file for Federal/Postal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether that Federal worker or Postal employee is under FERS, CSRS or CSRS Offset, it is a fairly routine matter that engagement with one’s agency can be characterized as one of workplace hostility, unpleasantness or unfriendly separation.

Why this is so; what bonds of loyalty become severed merely because the Federal or Postal employee expresses an intent to terminate the employment relationship as a consequence of the onset and intervention of a injury or chronic condition; and how the contextual animosity develops into a flashpoint where the Federal agency or the U.S. Postal Service believes that it must initiate adverse actions or punitive measures; these are all wrapped up within the conundrum of complexities which characterize the human condition, and that is why organizations and organic aggregates of individuals comprise a compendium of human behavior.

It is, in the end, an unexplained and incomprehensible phenomena; what it is; how it can be explained; where one goes to for enlightenment; these questions must be relegated to the dark corners of behavioral recesses within those chasms between sanity and twilight.

Sincerely,

Robert R. McGill, Esquire