Tag Archives: inability to perform federal job termination proposal lawyer for fers employee rights

Federal Disability Retirement Law: Loss of Social Cues

Perhaps, no one will notice.  Or, more likely, there will be a continuum of embarrassing moments, where everyone will merely look the other way and act as if nothing out of the ordinary has occurred.  Truth be told, the loss of social cues has, over time, become palpable; beyond noticeable; more than a sidebar; it is now at a crisis point where normalcy has given way to eccentricity of behavior.

Look at all of the kids entering the school building; surrounded by others, yet lost with heads bent down to take a last look at their smartphones.  Watch as school ends, and what are they all doing — exiting and at the first inkling, the initial inclination?  Out with the smartphones.  Screens are merely paginated snapshots of information; they do not present the human complexities of expressions, grimaces, winces or smiles — all of the compendium of social cues which are picked up in the animal world through real encounters with others.

They are learned over time; imperceptibly; of recognizing tension in the air, of silence so heavy that it feels stuffy.

How do we learn to pick up social cues?  By engaging with other human beings, caring about them, showing some interest and empathy.  Instead, we choose to stare at screens filled with flashing lights; and though the dopamine in our bodies may accelerate and give us an addictive “high”, the loss of social cues is what disintegrates the already-weakened fabric of a clueless society.

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, have you picked up on the social cues of your supervisor or coworkers?  Do they look at you as if you carry the Black Plague?  Are you all of a sudden disinvited from closed-door meetings?

Having a medical condition, trying to hide it, attempting to push through despite your deteriorating health; these are all part and parcel of indicators that a change is needed, and you may want to initiate the change before your agency begins the process of separating you from Federal Service.  Contact a FERS Disability lawyer who specializes in Federal Disability Retirement Law, and don’t let the social cues unrecognized lead you to a surprise proposal to remove you from Federal Service.

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 Law: That Insular World

We can walk around without anyone knowing about the thoughts being thought; perhaps a grin may betray an inkling, or a sly smile triggering a suspicion; but isn’t that the beauty of the insular world?  We can escape into it; lock the doors; think our thoughts in the privacy of that insular world.  And of pain?

Wittgenstein asserted that there can be no private language game of One — i.e., of one person creating a language where only that person can speak, think, talk in that private language game, etc.  This is because language, by definition, is a vehicle and conveyance of communication, and if it only exists in that insular world of One, then it is not a language, but mere gibberish.

Again, what of pain?  Is pain similar to a private language game of One?  Certainly, others experience it — or so we are told.  But if someone says, “I am in pain” to a person who has never experienced pain, how can the second person understand what the first person is attempting to convey?  Say that the second person has in fact experienced pain — how do we know that what the second person has experienced is the same as what the first person is experiencing?

Pain, by definition, is subjective, but often with objective evidence correlating to the experience of pain.  But like the private language game of One, it is an experience which is possessed by only the person undergoing that phenomenon of feeling it.

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, be aware — beware — that the U.S. Office of Personnel Management will often argue that your pain is merely subjective, and has no objective basis to prevent you from performing your job.

It is doubtful that the OPM Medical Specialist is making the same argument as Wittgenstein was, but nevertheless, to counter the absurdity of OPM’s arguments, you may want to contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and hire someone who is familiar with the laws, regulations and legal case-laws which can counter that insular world of OPM’s vacuous arguments.

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 Benefits: Of History Unknown

Many of us consider ourselves to be “history buffs” — we are proud that we can accurately recite the beginning dates and end-dates of major wars; of knowing the primary principals of each; of the sequence of Presidents; of who was shot and by whom; of when Fort Sumter was fired upon; of the day that Wall Street crashed, etc.

Dates are important to us; they provide a context for our present circumstances.  Yet, history is also about individual lives — often lost in the anonymity of greater events, and few of us have the imagination to appreciate how previous lives were lived — of not having indoor plumbing; of getting water from a well; of not having a refrigerator; of being so poverty-stricken that death by famine was often a perennial cycle of acceptance.

Other people, and other lives we barely even know or consider.  We barely know our next door neighbor, and yet we pride ourselves in accurately reciting authors from esoteric works of history.  Of the history unknown, they remain a mystery.

For Federal employees and U.S. Postal workers who have a sense that your contribution to the Federal Agency is somewhat akin to the history unknown — of relevance no longer appreciated and work left unappreciated — it may be time to file for Federal Disability Retirement benefits.  You medical condition has essentially rendered you a “non-person”.  You are no longer a member of the “mission team”.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and consider fading away with a Federal Disability annuity by joining the multitude of the History Unknown — or as General MacArthur once said, “Old soldiers never die, they simply fade away.”  And so for the history buffs: Where did he say it and in what year?

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: On the Verge

We often think in those terms, don’t we?  We are “on the verge” of doing something — whether of minor significance, major importance or of negligible impact.

All other species of living entities simply act and react; they do not engage in linguistic meanderings by discussing future events of unaccomplished deeds, but simply engage in the act of performance itself.  “I am on the verge of doing X” or even the further distancing statement that “X is planning to be on the verge of Y” — all statements of future intentions based upon planned coordination of unfulfilled motives.

Often, it is the perfect set of circumstances that one waits for, or a key element that remains missing before the initiation of the decision to act occurs.  To remain on the cliff’s edge, or right before the starting line, or even that twilight’s moment before one awakens, begins to stir and is aware of one’s surroundings just before the lengthy slumber of the night’s quietude turning into the frenzy of the day’s activities — that is where the “verge” remains.  Then, there are those for whom the act is never accomplished and one remains perpetually “on the verge”.

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, don’t let being “on the verge” destroy your health or potentiality left in limbo to seek other opportunities.

Filing for Federal Disability Retirement is an act, not a thought, and when too much thinking betrays the medical condition by overriding good sense, it is time to consult with an attorney who specializes in Federal Disability Retirement Law and get some sound advice on whether to remain “on the verge” of making a decision to act, or to remain with one’s Agency or Postal Service while deteriorating into a perpetual state of despondency.

Sincerely,

Robert R. McGill, Esquire

 

Early Retirement for Disabled Federal Workers: Interests

There is self-interest; then, the interest of the third party; or perhaps on behalf of the interests of you, the second person.  Whatever the interests involved, for some odd reason, it is the “self-interested party” that raises an ire of suspicion, a pause devolving with a wrinkled eyebrow, a frown or a furtive look of concern.

Thus, of the old adage that a person who represents his or her own interests may be deemed a fool —but not because of any fervency of advocacy, or even a question of competence, necessarily; rather, it is because of the loss of objectivity that is perpetrated by failing to be able to step back and review one’s circumstances with disinterested dispassion.

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 basic elements of one’s Federal job, the concern about whose interests are being looked after, and whether or not what you are doing is in the “best interests” of the client involved — you — should always be one of concern.

You may well be the best person who looks after your own interests — for, surely the one who has the most to gain or lose is the one who will look after those interests.  However, the reason why representing one’s self in a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often an unwise move, is because the loss of objectivity cannot always be overcome by the medical evidence presented to the U.S. Office of Personnel Management.

It may well be appropriate to write an impassioned letter in declaring one’s love for someone; or even a heartfelt declaration using many adjectives and adverbs in conveying condolences or an apology; but when one is beset with a medical condition and is trying simultaneously to manage one’s medical conditions while describing it for purposes of trying to obtain OPM Disability Retirement benefits — it may be too difficult to unravel the double helix of self-interested entanglement in order to attain a needed level of objectivity in the matter.

That is why interests self-directed, especially when pursuing a Federal Disability Retirement annuity, would best be left in the capable hands of an attorney who specializes in preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Claims: Methodological approach

We hear about the various approaches — of “quantitative analysis”; of systems created for a specific outcome-based determination; of numeric, qualitative, cost-benefits balancing, etc.; and all the while, we presume that there is a “methodological” underpinning that girds the analytical viewpoint, thereby systematizing the approach into a coherent consistency in order to limit and restrict human error.

That is the conundrum, however, is it not?  It is humans attempting to implement a methodological analysis that will expunge the very essence of humanity, by humans engaging in activities to erase that which makes humans for being so human — imperfection.

Analytical approaches without a preordained methodology presumes a flighty, ad hoc approach that fails to rise to the level of a vaunted “science”; yet, if a paradigm of a “methodology” is created and implemented by an imperfect being, how can it ever attain the level of mistake-free perfection that a “methodology” can promise?  The fact is, we are trained to be imperfect, but strive for the vanity of perfection in order to appease the gods of our own fears.

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, it is important to understand that there is, indeed, a “methodological approach” in putting together an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal employee is under FERS, CSRS or CSRS Offset.

One can enter into the administrative process by an “ad hoc” approach — by means of a proverbial “chicken with its head cut off” engagement and running about filling out this form, asking for that form, and bundling together whatever medical records one can obtain; but the better way is to have a “tried and tested” methodological approach to the entire bureaucratic morass.

Yes, human beings are imperfect; yes, the medical condition itself necessitates the preparation, formulation and filing of a Federal Disability Retirement application, to be submitted to OPM; and, yes, the entire administrative process of such a bureaucratic procedure is maddening, disheartening and often chaotic.

However, from the ashes of such chaos, it is best to engage in the confusion and chaotic morass by sifting through the difficulties with a “methodological approach”, and to do so, consultation with an experienced attorney is likely the first best step — thus revealing the first step in the methodological approach in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: The direction of life

We are told from a very early age that we must have one; like winds that carry seasonal warmth and jet streams that bring unseasonable temperatures, we are ingrained to be purposive, teleological and focused upon the goal in mind.

Wisdom-filled proverbs echo beyond the history of instructional transference from parent to child, community to individual and generation to modernity: aiming for the target; sticking to a task; seeing things to their completion; being patient in everything you do; treating others fairly; 5-step, 10-step or multi-step plans for one’s life; we are admonished throughout of the importance of having a direction in our lives, as if the destination has been predetermined and arriving is merely being pointed in the right direction, traveling some distance and getting there without thought.

Some people clearly follow such a linear route – like the proverbial straight line from point A to destination B; then, there are others who never seem to get a handle on such a concept, while most of the rest of us meander through a confounding maze and are stuck somewhere “in-between”, like those kids in the middle of a brood of accomplishments lost in anonymity between the oldest who is the star of the family, the first born and who gets the greatest amount of attention, and the last one who is the “baby” whom everyone fawns over.  But what if a community, a society, the nation as a whole, no longer embraces a cogency of purposive goals?

It is like that “cause” we all live and die for; where modernity scoffs to expunge such lofty ideals, the residue of the populace must abide by its dire consequences, where echoes of past vestiges haunt in cave dwellings of paintings now faded and meaningless, lost forever to the history of silent voices.

Once, there were causes to fight for – of man’s manifest destiny; of fascism to defeat; of the great “Red Scare”; of the domino theory occluding freedom and resulting in totalitarianism; of patriotism and the flag upon a hill; and other images, all the while where the fighting and dying is accomplished not by the sons or daughters of the wealthy and privileged, anymore, but by sons of southern belles and minorities who die or get blown to bits.

Of what door does one knock upon to get one’s direction of life?  Where, in life, do we get a free pass to obtain the map in order to even know where we are, where we are going, and how to get there?

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 positional duties, the direction of one’s life becomes fairly linear whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

There are three “pathways” to steer upon: Stay in the job and suffer; Resign and walk away with nothing; or, the best direction in such a life, is to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.  And, even as to the second of the three roads taken (Resigning) – remember, you have up until one (1) year from the date of separation from Federal Service to file a Federal Disability Retirement application with OPM.

It is, in the end, good to have a compass in order to lead onwards in the right direction of life, wherever that may be, however one may obtain it, and whenever it is finally achieved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those Days of Mental Clarity

One often remarks that we live for such days; when energy, motivation, clarity of mind and enthusiasm for life surges through our veins; one’s outlook is positive, the mystery of life is resolved, and no challenge is too onerous to overcome.  But then the mundane monotony of repetitive thoughtlessness returns; and life is back to the normalcy of day-to-day living.

Do we really live for such moments?  Or is it actually the opposite effect — that such days are mere reminders that living constitutes a linear course of relative quietude, interrupted by interludes of awakenings, like dreams impeded by nightmares in the solitude of self-contained solace.

Medical conditions have a similar impact; days of chronic pain, of lethargy and depression; and the cycle of becoming momentarily pain-free reminds one that there exists a plateau of health where the negation of illness or loss of wellness is the actual normative lifestyle, but where a medical condition reverses such a state of consciousness such that we adapt and come to accept a life of pain and chronic illness.

For Federal employees and U.S. Postal workers, the daily pain and impact of psychiatric conditions, including depression, anxiety, PTSD, stress-induced somatic disorders, as well as lesser-accepted physical conditions of Fibromyalgia, unspecified cognitive disorders, etc., can be the foundational basis of a Federal Disability Retirement claim.  OPM Disability Retirement is a benefit which is available to all Federal and Postal workers who are under FERS, CSRS or CSRS Offset, once the minimum years of Federal Service is met, and the preponderance of the evidence proves that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s positional requirements of the job.

Like those days of mental clarity, the necessity of filing for Federal OPM Disability Retirement benefits becomes a reality at some point in the evolution of one’s career, in the struggle to maintain sanity of health in a world which allows for chaos in this bureaucratized phenomena called the Federal system of government.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: The Aftermath

We like to think in linear prose; that is why, when E. E. Cummings showered the literary world with typographical disarray, a collective groan of discomfort visibly shook the foundations of the art form.

In daily life, it is the capacity of seeing a beginning, continuum and conclusion to a segment of a bifurcated visual horizon, which makes for sanity.  Closure and a sense of termination allows for satisfaction of an accomplished deed.  To be required to maintain a project, a task, an obligation, etc., is to engage in an eternal hell of unendurable agony; but that is, in the end, what must be done for most things, which is precisely why life is a challenge of inestimable proportions.

Federal Disability Retirement is no different; once obtained, one would like to think that closure has been accomplished, and that life is nothing more than forward-looking deeds to be reached like ski slopes allowing only for downward spirals of travel, never needing to look back.  But maintenance of effort is always a requirement; making sure that one is preserving the rights which one has fought so hard to gain, is a daily task, a present obligation, and a necessity of life in Federal Disability Retirement law, as in other sectors of life.

Whether to recognize the earned income cap for Federal Disability Retirement annuitants while still under a certain age, or making sure to be able to re-certify one’s ongoing medical condition and disability — these are never tremendously onerous tasks, but ones which can only be satisfied if one is fully aware of the laws which govern them.

Filing for Federal Disability Retirement benefits by the Federal employee or the U.S. Postal worker, whether under FERS, CSRS or CSRS Offset, is the first step in securing one’s future; the aftermath is the second and many subsequent steps, in ensuring the viability of that which one fought for in the first place, lest history should be repeated and goblins be allowed a resting place where none should be.

Sincerely,

Robert R. McGill, Esquire