Tag Archives: is there a difference if your disability retirement is because of work related injury or non-work injury? no

OPM Medical Retirement for Federal & Postal Workers: The Saddest Story

What makes for a sad story?  What touches us as the saddest story?  Is it a tragedy unexpected — as in, the death of a parent, leaving behind a grieving spouse or partner, and dumbfounded kids?  Or is it the story of a promising young person whose life is cut short by an accident?

Does “fault” matter?  If death or grave injury occurs, does the sadness of the story depend upon whether and to whom one can ascribe blame?  And does intentionality also come in as a factor — of whether the death, injury or unfortunate circumstances resulted from a deliberate and intentional act, or whether it was an “accident” where the event just played itself out without any participatory involvement of the “victim” in a given case?  Or, is the sad or saddest story dependent upon the viewer, the reader, the witness, etc. — of how sensitive that person is, whether he or she possesses an empathic character or one which is somewhat more blunted and callous?

Or, as is more likely — does it depend upon both: Of the story and the receptor in combination to determine the “sadness” of a story or narrative?

In the end, the saddest story combines the elements identified: Of a potentiality cut short; involving circumstances beyond one’s control; where fault cannot be ascribed; and where someone must pay an unwilling price.  Sounds somewhat like a Federal or Postal employee who must file for Federal Disability Retirement benefits under FERS.

Of course, there are greater tragedies — where death and grieving widows are concerned; but one should not discount the plight of the Federal or Postal employee who can no longer continue in his or her career, and must file for Federal Disability Retirement benefits.

Contact an attorney who specializes in Federal Disability Retirement benefits under FERS, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, and preparing the Applicant’s Statement of Disability for OPM to ponder the saddest story.

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 Medical Retirement: Thursday’s Groan & Friday’s Smile

One often wonders whether or not happiness is tied to the day of the week.  Are people less happy on Thursdays because, while it is one day beyond the middle of a work week, it nevertheless looms far before the respite of the weekend?  And of Fridays — do people express greater happiness because the day is about to end and the weekend is about to begin?  Do we all, in fact, groan on Thursdays and smile on Fridays?

Is work so stress-filled that we have become a society which lives for the weekend, and why “escape entertainment” — of movies, reality television shows, fantasy novels and treks to outlying areas where the reality of one’s human condition can be — for a time, at least — replaced with the solitude of the wilderness?

Thursday’s groan and Friday’s smile tend to represent how we view the weekly rotation of life, and when a medical condition begins to creep into the mix, the groans can extend into Friday, and beyond into the weekends, making the temporary respite from an otherwise stress-filled life to be almost unbearable.

For Federal employees and U.S. Postal workers who view weekends as merely a time to recuperate in order to make it through a work week because of a medical condition that debilitates during the rotation of the middle days, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, and begin the process of avoiding the general rhythm of Thursday’s groan & Friday’s smile.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Government Employees: Weak Links

Perhaps we refer to it when using a chain to tow another vehicle, or to pull something or someone up from a deep ravine; and it is always the weak link that leads to the sudden collapse and failure.

We can apply the term in a metaphorical sense for other contexts, as well.  In a movie or play, there are “weak links” — of supportive roles, or perhaps even in referring to the main actor, that fails to deliver the expected performance necessary to brings about a box-office hit; or of a technologically-based company that provides a specific product, but somewhere down the line of the assembly or production process, a “weak link” is discovered which results in the failure of the product.

Air bags that fail to deploy properly; a member of a platoon who doesn’t “carry his weight”; a memory chip that erases critical information — all “weak links” within an aggregation of human activity.

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, there can be many “weak links”.  Perhaps your Federal Agency or Postal facility looks upon you as the “weak link” and thus proceeds to engage in a campaign of harassment and initiation of adverse actions to get rid of you.

You may need to file for Federal Disability Retirement benefits.  And when you do, you yourself must make sure that there are no “weak links” in the preparation and submission of your OPM Disability Retirement application.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law and limit the number of “weak links” in order to give yourself the best chance possible. For, in the end, it is always the “weak links” that come back to haunt.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Poet’s Choice

What is it about poets that so many die young?  There are various studies “out there” (just Google it!) which reveal that the suicide rate amongst poets is significantly higher than in other professions.  The emotional tragedian — of the person who views the world through a lens of subjective creativity yearning for romanticism in a reality of harsh ugliness — is a person who cannot fathom the contrasting loss of beauty.

Is there, within the profession of a poet, those who engage the traditional iambic pentameter as opposed to some formless, free-flowing approach (i.e., E.E. Cummings?) where the statistical significance varies?  Or is it indiscriminately indifferent across the board?  Is it because constant rumination within a subjective universe of human thought leads to greater mental instability, or is it something more fundamental and elementary— like the frustration of trying to find the “perfect word” to rhyme?

Do poets search for rhyming words like the rest of us do?  You know — where, for example, take the word “fought” and then in our minds we go down the list of the alphabet — bought, caught, (skip D, overlook E because it is a vowel; “fought” we ignore because we just used it; got, hot, skip I, etc.) — or does the word naturally flow for the poet?  In the end, is it rumination which leads to a state of being distraught, or the realization that the art of poetry cannot be reconciled with the chaos of this universe?

For Federal employees and U.S. Postal workers who have realized that a medical condition will not go away, and where the poet’s choice of words to describe the frustration in dealing with one’s job, career and inability in reconciling the medical condition with continuation in the Federal or Postal career cannot be grasped, it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Most of us realize that poetry exists not amongst people, but within the ethereal universe of hopes and dreams, and when a medical condition jolts us into the realization that beauty resides not in a job or a career, but in the human relationships we form over a lifetime, then we also come to understand that health is more important than a Federal job or Postal career.

Consult with an experienced attorney who specializes in Federal Disability Retirement Law and focus upon the beauty of health, and not the poet’s choice of despair.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement Claims: Next Steps

It is the previous step that determines the following one, and the one before that which closes the alternatives for multiple other pathways; in the end, sequence matters, protocol can make a difference, and how one takes the steps, in what direction, by what methodology — these are all important considerations to contemplate.  What the endeavor is; by what means one is attempting to achieve the end-result; and the manner in which the goal is reached; the attempt the take a short-cut will often result in only a short-lived gain, but often with long-term consequences that, upon reflection, made the short-cut pay a price greater than the worth of the gain.

Next steps are important; each step, whether previously taken or subsequently considered, are also obviously of significance, but one could argue that those already taken cannot be reversed or, if reversed or retraced, may complicate matters more, whereas the “next step” yet to be taken may impact all previous ones already established and thus must be considered in light of the consequences likely to ensue.

Whatever has already occurred in the past cannot be undone or, if it can, must be retracted with care such that any retrospective refashioning of previous actions taken will do no greater harm than that which has already been consummated.  It is always the “next steps” that are the crucial ones, for they will determine not only the efficacy of all previous ones, but further, will either validate or undermine all previous ones heretofore taken.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and 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, the next steps you take may be the critical ones that determine the success or failure of the entire complex, administrative and bureaucratic process you are attempting to undertake.

What statements are made as reflected on SF 3112A, the Applicant’s Statement of Disability; the sufficiency of the medical reports and records gathered, to be submitted as Attachments to your Federal Disability Retirement application; whether you answer and address the issues concerning accommodations in the workplace sufficiently or in what manner; whether you have an adequate understanding and comprehension of your rights with regard to Federal Disability Retirement Law; these and many other “next steps” may well determine the future course of actions previously taken, ignored or otherwise not initiated.

Perhaps the “next step” should be to consult with an attorney who is knowledgeable about Federal Disability Retirement Law, lest the “next step” be the one that leads to an unforeseen stumble, where that next step leads to a misstep or the following next step after that cannot occur.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Comparisons

We like making them; somehow, it allows for hope and, unfortunately, its opposite, despair, but they are engaged in nonetheless, regardless of the potentialities pointing in either direction.  Comparisons allow for a judgment of who we are, what we have accomplished and what we believe are the acceptable societal norms and standards, and whether we have succeeded or failed in meeting them.

People watch the pablum of television shows that display the ostentatious arrogance of some wealthy individuals who know not the concept of “discretion” or any sense of humility in having attained the higher luxuries of life; yet, many continue to be fascinated by such tasteless shows of comfort, and compare themselves, their accomplishments and the artificial standards of normative achievements that somehow have pervaded people’s psyche.

Of course, the corollary of such an approach to life is to redefine the definition of what it means to be “successful”, and thus to lower the standards in order to be all-inclusive, and do this each time as more and more people need to be accommodated.

Either extremes on the spectrum of man’s favorite sport – of watching, observing and comparing – constitutes the reality of that which is required to attain a level of satisfaction in life.  Of course comparisons are going to be made – for, we live in a world where everything is relative, and one can only recognize and realize the multitude of opportunities and potentialities by comparing one’s own station in life with that of what others have achieved.

Concurrently, sometimes the definition that defines who we are, what is important and where one wants to go, may need some adjustments.  Objectivity is achieved somewhere in the middle, between the comparative observance of “what is”, and the need to tinker with the language game that defines what “needs to be”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the favorite past-time of Americans – of observing, comparing and judging – meets a heightened sense of anxious awaiting because of what coworkers and supervisors begin to do.

They compare your level of productivity to what others are doing, and what you were doing before.  An “accommodation” is nothing more than the redefining of one’s essential elements of one’s job; but even with the linguistic rearrangement of those essential elements, the constant barrage of the other side of comparing continues – of supervisors, coworkers, etc., and the entire agency and postal facility judging whether or not you are doing as much as everyone else.

In the end, filing a Federal Disability Retirement application, to be submitted ultimately to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, may be necessary, as the sharpened knives of those comparisons may be too much to bear, given the innate nature of man’s cruelty in a world where medical conditions and disabilities are deemed to be comparatively unacceptable.

Sincerely, Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The spam of life

Have you ever been amazed by how much “spam” there is?  Consider how many individuals, organizations, groups of individuals, people sitting in their bedrooms with a laptop, etc., trying to scam and spam, for whatever nefarious reasons hidden; it is as if the whole world has gone mad.

Is it true that the great majority of such leftovers often filtered by computer software dependent upon the dubious intent of those who would infect and harm, is produced for the most part by a single individual, group or entity, and the rest and residue by the remainder and leftovers less calculating and invidious?

How is it that we have accepted such human detritus as a normal component within our daily lives, such that we even have a special “folder” that is designated for “spam”, where the software mechanism kindly identifies and re-routes such unwanted crumbs into that neatly identified space, so that in the morning we can just click upon the icon next to it that deletes it into a “garbage” can.

In “real life”, is there such neatness?

But that there would be a software mechanism that rerouted all of the annoyances and irrelevancies in life itself, like the spam that is cordoned off, isolated and singularly quarantined so that we never have to actually deal with it.  Wouldn’t that be nice?  A person who you do not want to speak with begins to approach you.  Bam!  He is immediately carted away and placed into an isolation cell.  A problem within the family arises that is distasteful and irritating.  Slam!  It is summarily solved by swiftly being designated as a spam of life.

Symptoms of a medical condition begin to impact your health.  Pause.  Somehow, you cannot always equate the spam of the computer world with the spam of life; not everything can be simply rerouted and discarded, forgotten forever.  It would be nice if such were the ingredients of life, like that in the world of computers; unfortunately, some things have to be dealt with in a different manner, by a differing approach.

For Federal employees and U.S. Postal workers needing to 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 spam of life is the medical condition itself, and despite our desire to have a computer software somehow make it go away like computer spams that try and infect the technological creations of modernity, there is no special manner in which it can neatly be tucked away into a separate folder.

Instead, the spam of life must be dealt with as with all other similar problems in life’s complexities – by careful preparation, fastidious formulation and timely filing of an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, so that other computer spams and unwanted spams of life can be more easily dealt with for a better tomorrow free from the junk mail of a future yet unknown.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Cost of Character

Being daily denigrated is an expected course of treatment for some; for those who perpetrate it, the sport of demeaning is often thoughtless, reactive, and toxic to the core, and reflects a fundamental void in one’s own life; and for the victim of such caustic characterization, the incremental pounding to one’s ego, self-esteem and capacity for abuse results in diminishment of the identify of worth by small slices of reduced stature.  Such attacks may be overt and direct, while others may be subtle, privately targeted, and intentionally out of the earshot of witnesses.  In both cases, the damage can be devastating.

For Federal employees and U.S. Postal workers who must confront this type of daily abuse in the workplace, the avenues of outlet are complex and varied.  Complaining or filing lawsuits often results in the mere circling of the proverbial wagons around the perpetrators, and suddenly an invisible fence appears where the victim is the “outsider” and the caustic character the one needing protection.

For those Federal or Postal employees who suffer from a medical condition, and who receive the brunt end of such ill treatment because of the medical disability which impacts one’s ability and capacity to perform one or more of the essential elements of one’s positional duties, the need to deal not only with the toxicity of a hostile work environment, but concurrently with the underlying medical conditions, makes for an admixture of overwhelming circumstances.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the best and only course of action left.  For, to stay becomes an untenable option which impacts and further deteriorates one’s medical condition precisely because of the toxicity of the environment; to walk away and do nothing is an act of idiocy, given the years already invested in one’s career; and thus the alternative of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the most enlightened of choices to be made:  It allows for the recuperative period away from a denigrating source of pain, while securing a foundational annuity for one’s financial security and future.

We often talk daftly about “character” and the need to “stick it out” when the “going gets tough”.  But the cost of character is the price paid by the Federal or Postal employee who must withstand the onslaught of a bureaucracy which is faceless and relentless, while at the same time dealing with the deteriorating health administered by a medical condition which will not just go away.  The cost of character means nothing if the essence of one’s worth is not protected, and filing for, and securing, a Federal Disability Retirement annuity is meant to do just that:  pay for the cost, and safeguard the character of worth.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Delaying the Inevitable

Projection of future events, anticipation of coming circumstances, and rumination upon conflicts yet to occur; these are very human experiences beyond mere base anxieties.  Other primates may recognize and prepare to react to events about to develop, but the wide spectrum of time between the current state of affairs, and the projected future event, is perhaps the most telling factor in differentiating the complexity of human beings from other animals.

It is precisely because of this capacity to foretell, and thereby choose to forego, that we often allow for troubles to exponentially quantify, despite out own self-knowledge as to what is in our own best interests.  Perhaps that, too, is a telltale sign of complexity:  the ability to do that which is against one’s own egocentric universe.

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 positional duties, the recognition that current circumstances cannot last forever, or even for very much longer, occurs fairly early on.

Is it the fear of actually acknowledging the truth of the inevitable?  Or, perhaps, merely a prayerful hope that things will change, that the next doctor’s visit will further enlighten, or that the medication prescribed, the surgery noted, and the therapy scheduled, will somehow improve such that one can continue to perform the essential elements of one’s Federal or Postal job?

Medical conditions, however, have a blunt and honest way of informing; it is not like a whisper or a winter’s cold which nags for a few days; the former can be clarified by asking to speak louder; the latter can be attended to by rest and a generous infusion of liquids.  But a medical condition?  It is that stressor in life where, despite out best efforts to ignore or wish away, the reality of its existence portends of our vulnerability and our fragile nature.

Preparing, formulating and 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, is often the next, and inevitable step, towards securing a better tomorrow.  It is that “tomorrow” which cannot be delayed for too long, and despite the greater nature of our souls in hoping for a brighter future, the truth is that delaying the inevitable does nothing to stop the rotation of the earth on its axis; it merely fools the fool who foolishly fails to fully follow the path away from folly.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: That Spare Tire

We rarely think about it; and it is somewhere “back there”, in the event of, in case, if it happens, as a contingency, as an insurance policy, for the rare occasion of a potential mishap.  But with the modern ingenuity of reinforced rubber with a manufacturing process of innerliner calendering, one rarely even sees a car on the side of the road with a lone figure attempting to locate the spare tire, with the car unevenly perched upon a device secured in a dimensionally precarious manner, to change that flat tire.

But it does happen, and even with all of the advances in technology which resists direct punctures and roadside hazards pounding away at the four (or more) elements which keep the vehicle running, the flat tire and the need for a spare requires the safety net to ensure that secure sense of a peaceful mind.

Like life insurance, fire and catastrophic umbrella policies, the spare tire will always remain, no matter any future inventions or guarantees of outdated necessity.  For Federal employees and U.S. Postal workers who are part of FERS, CSRS or CSRS Offset, Federal Disability Retirement is precisely that spare tire which provides a semblance of security if and when the need arises.

Most Federal and Postal employees continue their careers to the end, until the time of retirement, or a transference of talents and abilities to the private sector for more lucrative venues; but for that small percentage of Federal or Postal employees who find that, during the course of one’s career, a medical condition has interrupted one’s goals and prevents one from performing one or more of the essential elements of one’s positional duties, then preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is a necessary contingency to trigger.

Suddenly, the benefit looms larger than ever, is more important than previously recognized, and becomes lauded as the lifesaver of the moment.  That is precisely what we do with the spare tire — we do not even think about it, nor are aware of its precise whereabouts (except that it is under the vehicle, in the trunk, or somewhere “back there”), but travel about with the peace of mind that, in the rare hypothetical event of “if”, it is there to be accessed, so that once the change is made, we are again well on our way down the road of life.

Sincerely,

Robert R. McGill, Esquire