Tag Archives: incapacitated postal worker needs lawyer

Federal Disability Retirement: The Music of Yesterday

There is a mournfulness in listening to yesterday’s music; of evocative memories and places we have been, the person we once were, the relationships previously haunted.

The clutter of a busy life barely allows room for music to be appreciated.  To have the patience for classical music requires time, which we no longer have; for other kinds of music, the dashing about to get stuff done allows only for the radio’s capture of time, and that, only if you leave your thoughts behind.

One is often struck by the innocence of the lyrics of past music; and while commercialism has determined the relevance of the music of yesterday, nevertheless, it is fun to sometimes listen to the actual lyrics of a couple of generations ago, and pause to appreciate how depraved we have become when compared to the explicit language of today.  The music of yesterday, if listened to, reminds us that the past was a different time than modernity.

Likewise, those with chronic medical conditions are reminded that bad health was not always the case, and the music of yesterday stands as a metaphor and testament that we were all once young, healthy and vibrant.  What changed?  Just as the quality of music changed, so our lives have changed.

For Federal employees and U.S. Postal employees who need to consider applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under the FERS system, the music of yesterday necessarily reminds us of that period of yesteryear when health was taken for granted.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement under FERS, and consider whether the Music of Yesterday might not be appreciated with greater vigor once you can focus upon your health, when you can retire on disability retirement and take the time to regain that which has been temporarily lost.

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 Help: The Fairytale Life

Every now and again, we hear about someone like that — how he or she “lived a fairytale life”.  That is, of course, until the details and private murmurings have been thoroughly vetted.  A good rule to follow is: If you like a certain artist, musician, writer, actor, etc., and you hold some moral qualms about right and wrong, don’t research too much into the details of that favorite person, for the chances are, you will likely be disappointed.

The Fairytale life is the public appearance; for, in the end, such a depiction is merely the “tale” as noted in the title, and tales are fictional accounts as opposed to a biography or an investigative report.

To a greater extent, we all have such tales — of the pubic persona and the One-dimensional aspect of our lives.  Some things, we hide deliberately.  Other things, we have forgotten about, put behind us, or merely fail to mention because of lack of context, embarrassment or shame.  Other things — like a chronic and increasingly debilitating medical condition — we hide and push through in order to keep our jobs.

For Federal employees and U.S. Postal workers who suffer from a medical condition but appear to others to live “the fairytale life”, there may come a point when the privacy of your medical conditions clashes with the public persona of your Federal job.  At that juncture of contradiction, you may have to consider filing for Federal Disability Retirement benefits under FERS, and at that point, you may want to contact an experienced OPM Disability Lawyer who specializes in Federal Disability Retirement Law.

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 Legal Assistance: The Fragile State

There are perhaps times in which we all face such a state — of a death in the family; financial or other problems; an unexpected accident or incident; a medical condition.

The fragile state of our being does not have to come about as a result of a single event; it can, as well, creep up on us over a period of time.  Perhaps it begins with a minor irritant — of trouble getting to sleep, first for a few hours, then growing into nightly turning and tossing; a chest pain; a sudden outburst of anger, uncharacteristic and surprising even to the individual; a sense of depression which begins to overtake you on mornings; a tiredness that turns into exhaustion, which then incrementally follows the lead of profound fatigue; and like the seasons which change but of which we fail to notice, we look up at the trees one morning and realize that all of the leaves have disappeared from the trembling branches of the maple tree.

When does a medical condition turn from incidental to chronic?  When does the state of a person’s being turn into a fragile state?  When did you become “disabled”?

Medical conditions are more often than not — not a point of pinpoint accuracy, but over a continuum, a spectrum of time.  You may never be able to pinpoint the exact moment when the fragile state arrived, but when it occurs, it is time to begin preparing for an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and begin the process of preparing, formulating and filing an effective OPM Disability Retirement application, knowing that the fragile state has unfortunately arrived.

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 and Postal Employee Disability Retirement: Meaning & Mediocrity

Although the words and the concepts behind them may never come to light, they haunt us throughout our lives without even knowing it.  “Meaning” is what drives an individual; the self-awareness of mediocrity is what tugs at us as we fail to achieve the goals which drive.

Most of us, at some point in our lives, come to the conclusion that — though each individual is unique and possesses certain talents and exceptional qualities — mediocrity is what defines us.  Yes, yes — when we were children of loving parents, they constantly drilled into us the “special” gifts we were to the world, of being “the best” and how we could grow up to be anything we wanted, etc.  But at some point in adulthood, we came to the realization that there were others, as well, who were better at things than we were, and that the vast majority of individuals reside somewhere in the middle of talents disbursed at the gates of birthrights.

Yet, despite that realization that we belong to the ranks of mediocrity, we find meaning in the things we do, of who we are and of what small accomplishments we can achieve.  And that’s okay — for, not everyone needs to be a superstar or take the lead role in life; every theatrical play must have minor role players; otherwise, there would only be a one-person act, and that can become boring, fast.

Meaning is what fuels the engine; a realization of mediocrity is merely a reality-check that is relative.  One needs only to look up at the stars on a clear night to reveal the insignificance of our existence relative to the vastness of the universe, no matter how talented we are.  Yet, to the pet dog or cat (the latter is added only to avoid discriminating against cat-lovers) who is well taken care of, and whose lives are one of comfort and love — for them, the master is not among the ranks of mediocrity, but of a special set of individuals taken in the highest regard.  And from that small hollow of greatness, meaning can be extracted.  For, what better meaning in life than to give another living being happiness and joy?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has likely ended one’s career with the Federal Agency or the Postal Service, filing for Federal Disability Retirement benefits often leaves one with a sense of mediocrity and loss of meaning.  Yet, like all processes, it is simply another bump along the rough road of life, and it is important to realize that there are other things to achieve beyond one’s Federal or Postal career, and that meaning can still be found after the end of one’s Federal or Postal career.

Consult with an Attorney who specializes in Federal Disability Retirement Law today, and begin to find greater meaning in a world beset with mediocrity; and, in the meantime, go and pet your dog or cat, for they find great meaning and certainly do not see you among the ranks of mediocrity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits under FERS: Ballast for the soul

It is a plagiarized phrase, from a short story written by Brazil’s (often-considered) greatest writer, Machado de Assis.  It is that heavy material, where a large quantity of gravel, iron, metals, etc., placed low in a vessel in order to provide stability; the weight itself is what “grounds” the vessel so that the torrents of waves and storms of fury will not topple it.  Or, it can refer to the coarse gravel used in order to set railroad tracks, again allowing for stability of a foundation to prevent shifting, sinking or damaging movement.

When combined with the term, “the soul”, the concept created is one of conjoining the dual ideas of (a) providing a foundation with (b) an ungraspable concept of an entity that many believe does not even exist.  The “soul”, of course, is a controversial subject; for, it still remains from the vestiges of religious and philosophical discourses, and refers to an abiding entity that defies mortality, retains an identity beyond one’s physical appearance, and contains the essence of who a person is, whether in physical form or not.

Does the soul “need” a ballast?  Without it, does it merely flit about without duration or direction?

As a literary concept, it refers to the stability that individuals need in order to become more serious, more focused, and perhaps even more “mature”.  As a general idea, it comes to convey the concept of pragmatism and the need to be “grounded” in a universe where there exists so many beliefs, so many paths to get off course; and the dangers inherent in pulling people aside from living an authentic and fulfilling life are many, as evidenced by the number of wandering souls left to rot on the roadside of discarded souls.

What is the ballast for the soul?  Is it to be married and have a family?  Is it the immediate family one already has — or the extended one?  Or can a cadre of friends and one’s immediate neighbors provide the ballast for the soul?

For each individual, the answer to that question may differ and remain a mystery; but what is clear, mystery or not, is that the vicissitudes of life’s choices, without a ballast for the soul, are so numerous and of such great variety, that liberty of endless choices endangers the essence of every person. Health itself can be an unknown ballast; for, with it, we take for granted our ability to accomplish so many things in life; without it — when it is “lost” — we suddenly realize that the ballast of health can upend that which we took for granted — career; stability; sense of worth; sense of self.

For Federal employees and U.S. Postal workers whose ballast has been lost because of a medical condition, it may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Medical conditions are often the storms of life which topple the vessel once the foundation of stability has been robbed, and Federal Disability Retirement benefits can restore one’s sense of security such that a re-focusing upon the priority of health and well-being can be attained, so that the ballast for the soul can be reestablished in a world full of turmoil and tumult.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Fundamentals

What does it mean when a person says, “The fundamentals remain sound”?  Is it one of those “throw-away” lines which makes one sound intelligent, but upon closer inspection, means very little?  Sort of like the misuse of the double-negative that was popularly in use, where people say, “irregardless” of this or that?

Fundamentals are important to every successful endeavor, and in preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, it is the “fundamentals” which must never be overlooked, but rather, to be focused upon, tweaked, considered carefully and crafted with greater perfection.

Unfortunately, many people who prepare a Federal Disability Retirement application, to be submitted to OPM, believe (erroneously) that the mere fact that one has a “serious” medical condition is enough to satisfy the eligibility criteria for an approval from OPM.  Always remember that there is a vast difference, with a “real” distinction, between “having” a medical condition and “proving” that the medical condition one has prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job.

It is very easy to focus upon one’s pain, anguish and despair in dealing with a medical condition, and forget that an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is by necessity a “paper presentation” to an unknown, faceless person lost within a vast bureaucracy in Boyers, Pennsylvania, and in the process to neglect the “fundamentals” in preparing an effective OPM Disability Retirement application.

When the fundamentals are sound, the rest of it is sound; and though such “sayings” may often be thrown about without much thought put into it, it is the soundness of the fundamentals that will prove to be the effective application that gets a First-Stage approval in preparing, formulating and filing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: If not X, then at least Y

Many such contingent annotations are in the form of:  If not illegal, then at least unethical; or, if not unethical, then at least lacking of propriety, etc.  It is the pathway to a lesser acceptance, where the focus of one’s aspiration is lowered because of the inevitability of discovering that evidence insufficient will be uncovered.  Thus can one go on ad infinitum in various but similar forms:  If not happiness, then at least some semblance of contentment; if not a soul mate, then at least someone to share my experiences with, etc.

But what if that “replacement” standard turns out to be less than acceptable over time, through duration of toleration, and during cold nights when boredom no longer excites in playing pinochle while the kids are asleep?  Or, if the infractions and constant infringements persist with no end in sight, and no appropriate definition of a violation such that there are penalties to be ascribed and consequences to be felt?  Do we then accept an even lesser paradigm, and if so, how do we know that such diminution and diminishment of acceptance won’t again be averted and avoided?  Thus, do we assert:  If not X, then at least Y; but if Y doesn’t work out, then at least Z; and so on?  When first one submits to the acceptance of a lesser standard, the proverbial horserace has already been lost.

In negotiations, in contractual disputes, in attempting to come to terms, etc., the sign first evidenced of conceding the lesser standard is the first indicator that the slippery-slope has just begun.   There are instances, of course, where the opposite is true, as well, except that we can rarely discern beneath the surface appearances.  That is what Federal and Postal workers who suffer from a medical condition, such that the medical condition impacts the Federal or Postal employee’s ability and capacity to perform the essential elements of the Federal or Postal employee’s positional duties, must face and accept daily – the conflict between an aspirational paradigm of hope, and the reality of daily pain and anguish.

Thus, for the Federal or Postal employee, we have:  If there is lesser pain today, perhaps I can last through the day; If I show that I am productive this week, then maybe the supervisor will just leave me alone, etc.  As if, “lasting through the day”, or just “being left alone” for a week, a day, an hour, etc., are acceptable standards for living life?  That is why abandonment of all prior paradigms must often be employed in the journey of life, career and fortitude of endurance; we tend to cling on to categories of an “ought” no longer applicable.

For the Federal employee and U.S. Postal worker who can no longer endure the acceptance of the lesser standard when there is an alternative to the constant suffering and persistent harassment at the Federal agency or the U.S. Postal Service, fortunately, there is the ongoing benefit of a Federal Disability Retirement annuity.  Even for that, the road is still difficult and arduous, for the U.S. Office of Personnel Management, the agency that determines all disability retirement applications, does not merely “hand out” the benefit.  Like everything else in life, it must be fought for.

But, then, the Federal or Postal worker who fights for a Federal Disability Retirement benefit can retrospectively declare:  “If not the constant and daily struggle, then at least an annuity to secure my future” – the “exception” to the rule, where the lesser is in fact the greater, but is not always apparently so.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Attorney: Out to Pasture

There is a natural proclivity by the previous generation to resist the transference of authority before its designated time; the conflict arises not as to the inevitability of such change, but rather as to the appropriate context, procedural mechanisms instituted, and the care and sensitivity manifested.  And that is often the crux of the matter, is it not?

The brashness and lack of diplomacy and propriety; the insensitive nature of youth in trying to take over before paying one’s proper dues; and a sense that the young are owed something, without paying the necessary price through sweat and toil.  And the older generation?  From the perspective of the young, they are often seen as intractable, unable to face the reality of the inevitability of generational transfer; the ideas once seen as new and innovative are mere fodder for laughter and scorn.

Such treatment of those on their “way out” are often given similar application for Federal employees and U.S. Postal workers who show a need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  Such employees are viewed as those being “put out to pasture”, and as something less than human, partial in their worth, lacking of completeness, and needing to be shoved aside to make room for the healthy and fully productive.

Resentment often reigns; the insensitivity of the approach of agencies in their bureaucratic indifference is often what prevails; and once the exit is complete, those who were once the warriors and conquerors of yesteryear, are mere vestiges of forgotten remembrances of dissipating dew.

Always remember, however, that there is another perspective than the one which is left behind.  For the Federal or Postal employee who is put out to pasture by one’s agency, there is new ground to break, fresh challenges to embrace.  The pasture that one enters need not be the same one that the former agency considers; it is the one which the Federal or Postal Disability Retirement annuitant plows for himself, and whatever the thoughts and scornful mutterings of that agency left behind, they now have no control over the future of the Federal or Postal employee who has the freedom to follow the pasture of his or her limitless dreams.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Structural Problem

It is what we never want to hear, and fear most:  that statement from an “expert” who informs us that it is a “structural problem“.  Not cosmetic; not superficial; not unessential; but that word, concept and image which goes to the very heart and foundation of the damage:  the center of the universe.  When the damage occurs there, and the rotting vein of progressive deterioration touches upon that central nervous system, then it becomes “structural”, and all of the rest may come falling down in a sudden dustheap of crumpled carcasses.

So long as it involves only the peripheral concerns, we keep telling ourselves that it doesn’t matter, that the foundation is still solid and they are mere extremities of lesser concern.  We do that with pain and other irritants of life.  And with medical conditions that don’t double us over or completely debilitate us.  So long as there remains a semblance of structural integrity left, one can go on and continue without regard to the symptoms which become telltale signs of impending doom.

For the Federal employee and the U.S. Postal worker who has arrived at the point of finality where one can no longer just venture forward, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the best remaining option.

We wait because it is in the very nature and essence of procrastination that the inevitability of ignorance, neglect, disregard and sidestepping can delay the confrontation with that which we fear to know, refuse to acknowledge, and take comfort in detracting from the encounter with the truth of established verifiability.  As with science, the flat earth, and the view from a geocentric universe, no one wants to be told that there is a structural problem.

Too often, the Federal and Postal employee who finally comes to a point of needing to admit that preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, is and has become a necessity because he or she has worked until the last straw was placed on the back of the proverbial camel.

Medical conditions announce harbingers of events to come, by symptoms calling for attention and attentiveness.  While the news from the architect that the problem is a “structural” one may not be welcome, it was always an indicator that the inevitable was on the fast-track of necessity and predictability; we just turned our heads aside in hopes of another day.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: A Day Does Not a Life Make, Nor a Decade

The tragedy of extinguishment is the failure to recognize future potentiality.  We often gauge the value of a lifetime based upon the quality of any given day.  Yet, what happens in an arbitrary period of a life, whether viewed randomly on a day, or even assessed and evaluated over a decade, will rarely reflect the comparative worth of a lifetime as analyzed on a linear continuum.

Youth is a wasted period of emergence; middle-age is often a reflection upon that wasteland of remorse; and old age brings physical and cognitive infirmities which engage in fruitless efforts of counting the remaining days.  And so does a circularity of the absurd prevail upon us.

Medical conditions merely exacerbate and are an unwelcome source of further despair.  When a medical condition impacts upon one’s “quality” of life, whether upon the ability to perform one’s positional duties

as in the Federal sector, or debilitates and prevents the physical capacity, such a condition magnifies in exponential despair the devaluing of the human condition.

For Federal and Postal employees who find that a medical condition prevents him or her from performing one or more of the essential elements of one’s job, the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is a way of countering the valuation of a lifetime of contributions based upon a given day of despair.

Federal agencies and the U.S. Postal Service, whether intentionally or unwittingly, will make disparaging judgments upon the worth of an individual once a medical condition begins to prevent one from performing all of the essential elements of one’s job.  But such valuations are based upon pure ignorance of witless magnitude.

For every Federal employee and U.S. Postal worker, judgment on any given day does not a life make, and indeed, nor does even a decade declare the true value and worth of a person.

Sincerely,

Robert R. McGill, Esquire