Tag Archives: if the dol denies usps worker claim what is my next option

FERS Disability Retirement: President’s Day 2022

There have been many of them.  Originally, this holiday was meant to commemorate and recognize our “first” — George Washington, born on February 22, 1732.  It is a habit for nations to acknowledge “firsts”, as well, we do so in our personal lives.  The “first step” of a toddler; the first day of class; the first kiss; the first time-X; and many more, besides.

More recently, the day has come to recognize all of our presidents, good, bad or indifferent.  In modernity, it has come to be a contentious point of conflict: From whether we should celebrate the life of a slave owner, to why we should give recognition to those presidents considered as less than honorable — the spectrum of opinions on the matter remains vociferous and vibrant.

For a democracy (yes, yes, we can quibble as to the difference without a distinction in contrast to a “Constitutional Republic”), perhaps that is a healthy matter, for the raging debate and intellectual discourse is always a positive characteristic reflecting involved citizens.  Regardless, let’s take the day for what it is worth, and enjoy the time remaining in each of our lives by pausing to reflect in these difficult times.

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.

 

Federal Disability Retirement: The Growth Stopper

In life, inertness is considered “bad”; it is progress, the ascent of man and the constant striving towards attaining and achieving which are considered “good”.  “Growth” and the incessant need to extend, expand and extoll the virtues of acquisition and accomplishment remain the medals of success; and whether we agree with such values, it is as if we never had a choice.  Isn’t how we define the parameters of what is important to us the basis of happiness?

For Aristotle, the world was seen in terms of constant potentiality striving to reach the actualization of an entity’s intended fruition.  Thus, a stone does what it is meant to do when it constantly falls to the lowest point in the chaos of the world; a lion achieves its value of Being by being what it does best — of being the aggressor and catching its prey; in other words, by being a lion qua lion-being.

And what of man?  To reach his or her potentiality by achieving the essence of what each individual human being was meant to strive for and accomplish, but in a moderated way without the excesses of either extremes upon the spectrum of choices (read his Nicomachean Ethics).

Growth, for every organic being, is crucial to the very essence of its reason and value for existence.  It is thus its opposite — the “growth stopper” — that is considered as “bad”, “evil”, and contrary to human nature.  But sometimes, in life, we have no choice in the matter, and having a medical condition is that “growth stopper” that must make one pause and redirect one’s focus and value.  Ultimately, 2 things have to always be done: Define what values constitute “growth”; then, determine the best course of action to progress in that endeavor.

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 job, “growth” will need to be redefined.  Is “growth” worth it at the expense of one’s health?

FERS Disability Retirement is not a “growth stopper”, but a growth enhancer — for, it is a retirement and a basic annuity to allow the Federal or Postal worker to pause, refocus one’s priorities upon one’s health and well-being, and then take the steps to progress toward other endeavors and vocations in life.  In other words, to re-prioritize.  Yes, the medical condition can be seen as a “growth-stopper”, but it is how we define our values which makes all of the difference.

Sincerely,

Robert R.McGill, Esquire
FERS Disability Retirement Attorney

 

Disability Retirement for Federal Government Employees: Next Steps

It is always the next steps which determine the relevance and efficacy of the prior ones; a misstep can extinguish the progress made from the ones before; a stumble can irrevocably diminish the gains already made; and a fall can destroy the foundation of past steps already taken.

What to do next? We can stumble through; brashly forge forward despite unmapped territories that can harm and destroy; and we can even try and “manage” things by taking small, incremental steps, with trepidation and lacking of confidence, hoping for good things to occur despite our best wishes and hopeful optimism.  Or, we can consult with experts and specialists in order to gain a roadmap, or even hire a guide who has been down this mountain path before, and allow for the gains already garnered to account for something, instead of blindly destroying all that we worked for by forging ahead thoughtlessly like the proverbial bull in a china shop.

That is the problem with Federal and Postal employees who try and prepare a Federal Disability Retirement application without expert legal assistance: every case prepared by the person suffering from the medical condition believes his or her’s to be a “slam dunk” case — for, if the one who suffers from the medical condition prepares and submits his or her case, it is the same person “one and all” of the person experiencing the medical condition and the one who describes the very experience, such that no amount of objectivity can maintain the necessary distance between the two.

Consulting and hiring an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, may not necessarily guarantee a “win”; but it does help to ensure that the next steps do not extinguish the prior years of investing in your Federal or Postal career, by making sure that the next steps mean something beyond the stumble, hesitation, or sudden fall.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The restorative morning

That is the purpose of sleep, is it not?  Or so we anthropomorphically attribute.  Is that the only reason for the somnolence that overwhelms, the snore that momentarily suspends in the air and pauses for people to smile, to be horrified or laugh because of the incongruence of the sound that shatters the quietude of twilight? Do humans sleep more soundly than other species? Is it really necessary to maintain a certain spectrum of that “rapid eye movement” (REM), or to be in a deep slumber, a state of subconscious quietude, etc., in order to attain that level of restorative sleep such that the morning itself is declaratively managed with rest and a sense of calm?

The restorative morning is that which follows a good night’s sleep; it is when the body is energized, the mind is ready to pounce with an excessive amount of acuity barely containable, and the combination of a night’s rest with boundless determination overcomes the previous period’s fatigue and exhaustion from the stresses of the day.

Do other species require sound sleep?  Or, did evolution favor the animal that can sleep, yet be awoken in response to an instinctual drive to survive, such that the mere bending of a blade of grass a hundred yards away will awaken with an alarm ready to defend and fight, or whisk away in flight?

It is the lack of it that creates that level of profound fatigue that goes beyond mere tiredness or exhaustion.  Modernity requires restorative sleep precisely because so much of our workforce engages in cognitive-intensive employment that places great stresses not just upon the physical capacity of the human animal, but upon the mental/psychological — stresses that pound away with untold and unmeasurable harm on a daily, consistent and progressively deteriorating manner.  Did nature and evolution factor in the way that we live in modernity?  Likely, not.

In Nature, there are no restorative mornings — only the calm that pervades and hides the predatory instincts and the ongoing battles that go on daily, minute-by-minute in this unforgiving universe of predators and prey; and so it is that we have created a reflection of that life-and-death struggle in this modern world we live in.

For Federal employees and U.S. Postal workers who struggle with profound fatigue, loss of any semblance of restorative sleep, and unrepentant diminishment of focus, concentration and the capacity to maintain an acuity of mind, it may be time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sleep Disorders are not just a constant reminder of the stresses that impact us in this high-tech world, but is also a basis in which to qualify for Federal Disability Retirement, when profound fatigue sets in and non-restorative sleep impacts one’s ability and capacity to perform all of the essential elements of one’s cognitive-intensive job.  Whether under FERS, CSRS or CSRS Offset, it may be time to consider preparing, formulating and filing for Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those intersecting connections

We hear all the time about the shrinking world, the smaller universe, the global village – all metaphors to help and understand, to comprehend and be able to withstand within the insanity of a world that continues to intrude, intersect and impose itself upon every corner and aspect of lives lived and daily interrupted.  It is a way for people to cope with the fact that we can no longer avoid the reality of those intersecting connections from worlds, cultures and universes that make up the daily reality of our walking lives.

The newspapers globalize each and every issue; the television and cable news outlets care little for local news unless it, too has some national consequences; and so we live with the anomaly that the only time you might hear about your own hometown is if some horrific event occurs that other people in other towns might care about.  And, even when a story is reported about an event that occurs just around the corner from the news station, headquarters or whatever manner of identifying the central place where all of the equipment, studios and personnel gather to emit their airwaves of newsfeeds, they act as if it is occurring in some distant county or country, with perhaps a bit of weeping as an afterthought with a statement like, “And it makes it all the worse because it happened just in our own neighborhood!”

The world is indeed one comprised of intersecting connections, and we voluntarily allow for those connections to make our own perspectives molded into “theirs” by inviting various cable channels into our living rooms.  Do we really have a choice?  Can we just remain ignorant and ignore the reality of the global economy, the extended village and the universal concerns of the day?  How do we live with the complexities of intersecting connections, when we can barely deal with the local problems that beset us within the cocoon of our own lives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the daily ability and capacity to perform all of the essential elements of the Federal or Postal job, the microcosm of intersecting connections may well be magnified to a level where it competes with what is occurring on a more global scale.

Suddenly, the Federal Agency is moving to put pressure on you – like those competing foreign companies you hear about in the world economy.  Or, the Supervisor is no longer being cordial – somewhat like the world leader who doesn’t return calls to the President.  Coworkers no longer treat you as an equal – like nations that suddenly go rogue without explanation.  You have to file a complaint – like submitting to a U.N. vote for sanctions.

We have all been groomed and prepared to think in terms of intersecting connections, but for the Federal and Postal employee who suffers from a medical condition such that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity, it all comes back to a more local and personal connection: one’s health, and the need to focus upon one’s personal life.

No matter how global the world has become, never forget that it is the personal life of close connections that really only matters in the end.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Forgetting for a moment

It is a game we play, or perhaps “have to” in order to retain our fantasy-world and “pretend” selves. We like to think that we gave up, long ago, those childish dreams and fantasies we engaged and tolerated as younger selves, and that as adults we must daily face the realities of problems encountered, difficulties arisen and turmoil challenged.  But we haven’t.  We have merely replaced it with another, more productive methodology of play-acting: Forgetting, for the moment.

Perhaps it occurs when we take a day off; or engage in a sports activity, like golf or a pick-up game of basketball where we can imagine ourselves in our glory days, not quite good enough to become pro or even semi-pro, but better than most by sheer force of will, practice and dominance of creative moves that would be whistled away as a travel violation by any half-competent referee, but in the imaginative world of concrete basketball, we can take those extra steps, much like Michael Jordan used to do under the “Jordan Rule” of play.

What we forget; how we forget; the technique of forgetting; whether and why; when and where; these all depend upon individual circumstances and requirements of the day, forged with dependencies, co-dependencies and enablers of time and leisure.

Perhaps it is by daydreaming; or sitting in a café fantasizing of having won the lottery; or in simply watching a television show or a movie where, just for a moment, you can forget everything and become consumed by the story, the special effects and the emotional upheaval of the actors and actresses on the flat screen of make-believe.  Then, of course, in the next moment, or sometime thereafter, reality sets in and we must go about the daily business of living.

The one component in life that makes the whole activity of “forgetting for a moment” difficult, is when you are suffering from a medical condition.  For, a medical condition never seems to “let up”, never allows for a moment of forgetfulness, and never ceases to remind.

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 position, not only will the medical condition itself not allow for forgetting for the moment, but it is also the Federal agency or U.S. Postal Service that also disallows such momentary distractions.

Life is always a bundle of problems, but when you are a Federal or Postal employee, that bundle of problems comes with it a greater bundle when you are beset with a medical condition.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether you are a Federal or Postal employee under FERS, CSRS or CSRS Offset, may be the best option available, and consulting with an attorney who specializes in OPM Disability Retirement is probably the next best course of action to undertake in this long and complex road where, at the end of it all, you may be able to engage in that most pleasurable of activities: Forgetting for a moment.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Games

It is primarily a form of play or sport; but in other contexts, used as a verb, it can imply or denote the manipulation of rules in order to attain a result through unfair or unscrupulous means.  As a sport, some engage in the competitive aspects of life itself, outside of the boundaries of organized or even recognized activity — as in playing “mind games” or harassment for purposes of torturing and victimizing.

Fiefdoms tend to encourage that sort of gamesmanship; and while Feudal Lords no longer exist in an official capacity, they continue to pervade through vestiges of barbarity concealed in the cosmetic niceties of polite society.

Perhaps, in some form during the Darwinian lineage of evolutionary survivorship, when brute strength alone resulted in the genetic alterations through environmental forces necessitating unrelenting characteristics in the expansion of the species, the voice of reason was lost, the soul of empathy extinguished, and the fathomless essence of humanity became a whisper of past hopes and bottomless faithlessness in epochs forever forgotten.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the “game” of harassment, intimidation and unremitting stress piled on in order to test the outer limits of tolerance, is but a daily occurrence no stranger to the fiefdom of yore.  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 positional duties, will need to make a decision in the process of such encounters with coworkers, Supervisors and Managers:  to remain in that “game” of no returns, or to exit and move onto other and more fruitful activities.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset, is a means of moving on with life.

Study history for a few moments, and one can see the barbarism of the past; study it for a considerable pastime, and one can comprehend the loss of hope for the present; study it for a lifetime, and one may see the faint glimmer of light for one’s future.  For, as life is not merely a game, but more of an endeavor beyond mere survival, so recognizing that cutting one’s losses before the game’s end is often the smartest move, and that includes preparing, formulating and filing for Federal Disability Retirement benefits through OPM, when the time is ripe and necessary, as in the “now” of forever tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement from Federal Employment: Far-Flung Universes

Each generation tells a generic story reflective of the times; and thus did the Great Depression era produce movies and epics with undertones of escapism from the harsh realities of life; of the 60s, the fear of nuclear holocaust and the confrontation of the Cold War; of the following decade revealing the hesitation for  technology and its pervasive intrusion into the privacy of our lives; and so on, so the anxiety, fear and loathing goes.

Throughout, people escape in their own private ways, through daydreaming, imaginative time-travels as in the classic short story by James Thurber depicted in, “The Secret Life of Walter Mitty”; and other times in nightmares and dreams controlled only through the breaches in our subconscious.  It often seems as if the far-flung dimensions and dominions of hope save us only through living in those other-world universes, if only for a moment, a period, a time and a day.

Vacations and weekends only delay the inevitable, and then the harshness of who we are, what we have become, and where we are going, all come crashing back, like the rolling waves of thunderous whitecaps which bellow in the echoing chambers of the far recesses of our minds.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to threaten one’s livelihood, resulting in the Federal agency or the U.S. Postal Service beginning subtle (or not so) noises of increasing pressures through adverse actions, like unpleasant abdominal groans which should remain private but echo out into the public domain, it may be time to escape the escapism of the alternate universe and become “real” by considering filing 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.

Other and far-flung universes offer hope beyond dreams, but when the dream is shattered by the progressively deteriorating forces of a present-day reality, it is time to travel back to the origins of reality, and face a full-frontal confrontation of what the pragmatic steps of day-to-day concerns must by necessity bring, and begin to prepare, formulate and file for OPM Disability Retirement benefits.

Alternate dimensions indeed reflect the times one lives in, and may even represent a pleasant moment in time, a respite away from the harshness of today’s reality; but when the awakening occurs, one must shake away the cobwebs of fantasy, and face the serious concerns of one’s angst-filled day, as the medical condition will not go away, the Federal agency and the U.S. Postal Service will not fade, and the fight to survive will remain as real today as it will be tomorrow.

Sincerely,

Robert R. McGill, Esquire