Tag Archives: is there a timeline for applying for a federal pension once owcp benefits terminate? yes after 1 year of termination of “employment” not when owcp terminates (get atty asap)

FERS Medical Disability Retirement Law: The Finite Life

The concept itself may connote multiple meanings: That we have a set amount of time within which to live out our lives; and, additionally, that what is in our power is limited, contained, restrained, and bounded by our nature, our born-with talents, our circumstances, and likely the most significant factor — luck.

Are some people just “lucky”?  And, what does it mean to “have luck”?

Certainly, if you are walking down a street and you come upon an abandoned briefcase which no one claims, and you open it and find a large sum of money within — that would be considered “pure luck”.  But that doesn’t happen often in life; instead, the merging of various circumstances and events occur, where opportunities are presented to Subject-A but not to Person-B; and then, we declare of the former, “He was just lucky”, and of the latter, “She just never has any luck.”

That we have a set amount of time in this world is a concept of inconsequential results, for that is true for everyone.  But of the concept of a finite life which means that we are limited in our potentialities — well, that clearly has dire consequences, especially when it belittles and diminishes the human imagination.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition reminds us of the finite life — both in terms of our mortality as well as the limitations of what we are able to do — preparing, formulating and filing an effective Federal Disability Retirement application under the Federal Employees Retirement System (FERS) may be the answer for releasing the Federal or Postal employee from the conceptual constraints of what that definition entails.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement Law, and release yourself from the Finite Life resulting from the greater sense of mortality brought on by your medical conditions.

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 & Postal Medical Retirement: The Mistakes We All Make

Are they correctable?  Are they irredeemable?  Is there some office at the local government building marked, “The Department of Corrections” — No, not the one that runs the prison facilities, but another, more important one: An Agency that can correct the mistakes we make in life.  Such a Department, if it exists, might have the following conversation:

“I need a mistake corrected.”
“Take a number and have a seat.”
“But it’s an emergency.  I need the mistake corrected immediately.”
“Emergency mistakes are handled by the Department of Emergency Corrections just down the hall.  Take a left out the door, then the 2nd right, and the third door after the right turn.”
“Can they correct all mistakes — even ones that seem to be stupid ones?
“If it is a stupid mistake, then that is taken care of by the Department of Stupid Mistakes.”

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, consult with an attorney who specializes in Federal and Postal Disability Retirement Law.

Even if you have already begun the process, it is important to make sure that your Federal Disability Retirement application is as “mistake-free” as possible; and while there may not be a “Department of Corrections” of any sort, a FERS Disability Attorney who specializes in Federal Disability Retirement Law comes as close as you can get in responding appropriately to such an inquiry.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: The shape of reality

Does it really have a shape?  Yes, yes, of course it is a “dimensional” world where there is depth, height, width, volume, and all sorts of “stuff” in between — and “form” differentiates and distinguishes between various “beings” such that there is not a “oneness” of Being; but beyond that, does “reality’ have a shape, and is it different for each of us?

Of course, the natural follow-up question concerns whether we can ourselves “shape” reality — used as transitive verb and not as a noun — as opposed to encountering reality “as it is” and merely accepting its trueness of Being.  Is Kant correct in that the categories of the human psyche form the perceptual reality that surrounds us and, if so, is it different for each of us?  Do the mentally ill merely have a different “shape of reality” as opposed to “normal” individuals with healthy psyches?

How is reality shaped — does our eyesight make a difference?  Do the blind have a different shape of reality because they must depend more upon tactile experiences which determines their space within a darkness of extension and volume?  If we could smell colors and see scents, would the shape of reality be altered?  Does language modify the reality we perceive, and in modernity, has Facebook, Twitter and Instagram radically transformed the very essence of reality’s shape?  And does a medical condition modify one’s shape of reality, as well?

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, the shape of reality must include various encounters with alternative universes that may previously have been unthought of — as such shapes of reality that may include the preparation, formulation and filing of an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

It is, indeed, a different shape of reality: One must think about a life and career apart from the Federal or Postal sector; and while such shapes may change, such realities must be adapted to, and the one constant in life is the essence of who you are, what you have become, and the idea that you can still shape reality into the realness based upon the shape that you are in today.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Landmines undetected

Landmines, or other similar devices left undetected, whether improvised to explode and damage, harm or otherwise maim and kill, are constructed and implanted precisely for the purpose of being hidden until it is too late — until, unaware and unconcerned, the unwary enters into the foray of the device and suffers from the resulting potency of mayhem.

Landmines undetected do exactly what they were intended for: to catch the target unaware, and to perpetrate the greatest extent of harm and destruction possible.  Undetected, they lay in wait in camouflaged veils of surreptitious decoys meant to project an aura of innocence and harmlessness, until it is too late.

Then, of course, there are those landmines which could have been detected, or should have been; where the unwary should have been easily apprised of the potential harm, but for whatever reason — apathy, ignorance, lessening of one’s resolve or suspicion, or whatever the excuse or reflective rationale — failed in the process and suffered the consequences.

The term itself — “a landmine” — is often used allegorically and metaphorically, to emphasize a point of danger, potential hazard or other undetected potentiality, whether concealed, veiled or ignored as irrelevant and insignificant.  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, the landmines undetected in Federal Disability Retirement Law may become the very ones which lessen and diminish the chances for a First Stage success.

While most mistakes are correctible, the single greatest landmine that is left undetected, and which often results with the most dire of consequences, is the one that should have been known or otherwise thought of, but was left as a mere inkling ignored and unresolved.

Consulting with an experienced attorney who specializes in Federal Disability Retirement law is a good way to avoid those metaphorical landmines left undetected, and while the Federal or Postal employee who is filing for Federal Disability Retirement benefits may falsely believe that he or she is unable to afford an attorney to guide the Federal or Postal employee through the process, it is the very opposite thought that should be entertained — of failing to afford the prevention of a potential harm upon stepping on a landmine undetected — which should make one pause and reconsider.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Information: The pleasure robbery

There are “highway robberies”, “train robberies” (distinguishable from THE great train robbery, which has become a historical feature of mythical proportions) and “bank robberies” (is there a single one that overshadows all others, or are they better identified by the characters who perpetrated them, like “Bonnie and Clyde”, Ma Barker, John Dillinger or Butch Cassidy and the Sundance Kid, etc.?); there is the “car jacking” which is nothing more complicated than the robbery of a vehicle, except perhaps by violent means and confrontation with the driver and/or owner; Skyjacking or Hijacking; and then there are “grand” or “petty” larcenies, depending upon the amount stolen, as well as special formulations with particularly distinctive and distinguishing details, like “embezzlement” (which often must possess an employer-employee relationship) or exerting “undue influence” in the act of stealing (as in cases of elder-abuse where a child or relative begins to siphon off wealth from one’s own family member); and many other types of simple criminal acts of absconding with that which is not one’s own to possess.

But what about the daily occurrences of the most prevalent incidents — that of the pleasure robbery? You know — those simple acts of mental anguish, where worry steals and robs from the pleasure of the moment; where an anticipated future event not yet having come to fruition constantly overwhelms where one is obsessed with the expectation of disaster, and thus robs the person of any pleasures taken for the moment?  This often happens on the weekend, doesn’t it?  From late Friday until Monday morning, the worry and anxiety sets in, robbing from the reserve that the weekend itself was meant to preserve and restore; and it is the pleasure robbery that leaves one with the greatest of devastating effects: profound and unrelenting fatigue, and not just from the imagined catastrophe that has not yet occurred, but moreover, from the anxiety and worry itself.

For the Federal employee and U.S. Postal worker who must contend with a medical condition, where the medical condition is impacting and preventing the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, the concept of the pleasure robbery is a familiar one: for, one’s future, one’s career, and one’s livelihood are often at stake.

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, may not be the “total solution” for the anxiety that it may cause — whether because of the knowledge of a reduced income or the admission that the Federal or Postal employee must face the reality of one’s medical condition. However — despite being a complex administrative process, it is nevertheless a benefit that may resolve some of the perplexing questions that often accompany a medical condition, and set one onto a path of future hope and greater certainty in order to stabilize a world of unfathomable uncertainties, and at the very least, to stop the pleasure robbery from any further stealing away the needed rest and peace that weekends, vacations and a good night’s sleep are meant to provide.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Last stands

Of course, the one that always pops up in one’s mind is the most ignoble of them all, with the image from the movies depicted over and over: Of a blond-haired, straggly and wild-eyed man with a mustache of extravagant vintage taking a desperate last stand against the charging Indians.  Custer’s last stand somehow reverberates throughout the mythology of the American West, even though folly is mistakenly replaced by some view of courage or other laudable character traits.

It is the last stand of American Lore; but there are many others besides, some known, most in the private worlds that never become public.  We all have them; the proverbial line in the sand, the wall against which our backs are blocked, or perhaps the final straw that breaks the camel’s back.

When Federal Agencies propose a removal of a Federal employee, it is the “last stand” both for the Federal agency as well as for the Federal employee.  Or, is it the “last straw”?  Is there a difference between the two?  The latter, of course, constitutes the final act by one or the other individual or entity, and represents a reflection of having no other alternative, no room for compromise and left with no other choice.  But that also describes the former, to the extent that it reflects a situation that allows for no further room but to remain resolved in whatever hill of pride or fortitude one must consecrate the grounds with.

Last stands, however, need not result in the consequences that Custer’s famous one represents.  It need not be the final arbiter of a life well lived, and still to be lived.  Yet, Federal and Postal employees 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 job, often look upon his or her medical condition as a “last stand” of sorts – one that ends one’s career and, in some mindsets, the very life that one is gifted with.

But keeping a balanced and proper perspective is important in all matters (though, for Custer as he realized that he had been boxed into a valley where there was no escape, perhaps there was no such thing as a “balanced perspective”), and the Federal or Postal employee finding him or herself in the “last stand” position of no longer being able to perform all of the essential elements of one’s job, is still left with some alternatives – one being, filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

It is an option that should be seriously considered, for having the benefit of a Federal Disability Retirement allows for a second career in the private sector or public state or local government, and allows the Federal or Postal employee to continue in another vocation or career, thus avoiding the disastrous consequences that have been historically annotated by Custer’s last stand.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: Morning quietude

It is that early morning time when dogs remain still, mice scurry about and the soft snore of distant somber drifts down hallways without traffic of daily discourse.  Morning quietude is a slice of a coming day before the tumult of life begins.

Modernity possesses a level of activity heretofore untried and unimaginable; the constant barrage of emails, the connectedness that everyone feels pressured to comply with; the fact that we are glued to technology, dependent upon it, anticipating it for satisfying our every needs; and beyond the storms of everyday living, there is still a need for that brief period of morning quietude.  It is, in many ways, an extrapolated slice of a metaphorical interlude; for, like the stages of a linear life itself, there are periods of extremes that can be charted on any graph that reflects the daily heights and depths of human activity.

The other side of the spectrum, of course, is the nighttime rest – whether of the need for a period of “down-time” before turning in for the night; or even of sleep itself: how difficult, whether immediate or preceded by a period of insomnia; or even of tossing and turning throughout each night, every night.  Then, morning quietude dawns.  Does it last for very long, or will the rush of the day’s noisiness shatter any semblance of peaceful calm?

Medical conditions are likened to those mornings shaken and interrupted.  For, with unexpected rudeness, they awaken us from that slumber we feel where we were once immortal, invincible and unchallenged.  Then, one day we wake up and realize that we are all too human, and our bodies deteriorate, our minds begin to slip.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates one to begin 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, it is like that interruption of morning quietude that finally makes us realize that one has no choice in the matter.

Just as the peace and calm of early morning cannot last forever, so the Federal or Postal employee who cannot perform one or more of the essential elements of one’s Federal or Postal job cannot sit idly by and watch as events continue to deteriorate at one’s job, in one’s personal life, and the clash between health and work.  Filing for Federal Disability Retirement benefits is the next logical step after the morning quietude is broken – when the mice no longer make noises and the dogs begin to bark.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The Mercenary

Why is it that money taints with toxicity of motive?  If a person does something with no compensatory demand, does that fact alone make it less suspect?  Does the professional soldier who gets paid by one’s own country show a level of patriotism unblemished, but the one who hires out for monetary rewards by another, belie a code of honor?  What gives the scent of blemish, the hint of a soul’s impoverishment, and the sullied character of an inner decay?

Are we merely taught to remain in silent awe at the poor woman in the story of the miserly penny, and frown if a child begins laughing and saying, “What a fool to give up the last penny!”  Are saints born, or are they taught and disciplined, when the innate signs of cynicism may yet win out over the empathy of a fool’s errand?  What good is “goodness” in an evil world?  Do we remember Bonhoeffer, or was his courage forgotten amidst the thousands of graves both marked and without remembrance, in a world where community no longer exists and friends are counted by Facebook likes and never by the warmth of human comity?

Somehow, money taints, and the toxicity of the transfer sticks like mud to the boots of a killer, leaving tracks and traces in the bogs of lives tarnished.  Yet, it is the exchange by which dreams are made, the goal for which daily toil is endured, and the chances taken in bribes received in order to attain a measure of financial security and the declarative success of an age where hypocrisy dares to utter its laughable voice of despair.

Is it because we believe that mercenaries fail to believe in that which is being fought for, and instead confuse the means for an end we misguidedly believe should be the end in and of itself?  Does engaging an individual for purposes of honor, country, faith and other tropes of a nation’s visage of vacuous promises make it any more substantive if the abandonment of a country of its own vital principles reaches a point where such terms no longer apply?

There are those who romanticize the independence of the mercenary, despite the Geneva Convention restrictions which grant lesser protections in the event of capture; and, yet, history is replete with their use and presence, from Ancient Egypt during the rein of Pharaoh Ramesses II  to the French Foreign Legion and the British Gurkha regiments, and beyond to modern warfare.  But romanticization and reality often conflict and collide, and the remaining entrails of toxicity remain with the scent of avoidance.

In more quiet arenas of modern life, the term itself is often applicable not to fields of the battleground, but to individuals who “go after” others for rewards and reasons of similar taint and toxicity.  In the employment arena, there are mercenaries aplenty, and they are predators that devour with equal ferocity.

For the Federal employee or U.S. Postal worker under FERS, CSRS or CSRS Offset who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, and therefore must prepare an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, the duality of dangers must be faced.

First, the allegation that the Federal or Postal employee is merely being a “mercenary” by “taking advantage” of a generous system of medical retirements, and Second, to beware of the mercenaries of the Federal Agency or the U.S. Postal Service who aggressively go after the Federal or Postal employee weakened and unable to defend him or herself during the process of preparing, formulating and filing a Federal Disability Retirement application, precisely because of the medical condition itself.

In both instances, it is the mercenary instinct itself which dominates, and no amount of honor or faith in country can withstand the onslaught of the vicious outliers of such gossiping geese.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The collision of grammar and life

The cynic will scour each entry for just such an error of punctuation or misspelling, and declare that, indeed, the author’s own actions confirm such an event; the greater question, of course, is not that it occurred, but of what import or consequence.

There was a time, of just a few generations ago, where the number of noted authors, commentators and social giants measured by pen and ink, were counted by the hands of a single individual; now, with the diffuse pervasiveness which includes paper editions exponentially quantified by electronic media, as well as the vast array of blogs, comments and Internet “conversations” on Facebook, Twitter (who ever imaged that such a limited conceptual construct would be considered seriously in a political campaign; yet, on the other hand, the limitation of the numerical volume of words likely is proportional to the intellectual capacity of the user, as confirmed by current events), Instagram, etc.

From H.L. Mencken to Hemingway; of the age of Buckley and Vidal; the heyday of the wordsmith, replacing the blacksmith who had to work in the forge where life, the torturous heat of hell, and the reality of contending with trying to mold the harshness of nature’s metals, brought to the forefront the daunting task of trying to earn a day’s wages. But as the general rule is that quantity diminishes quality, and wider dissemination fails not to embody pervasive ignorance, so the collision of grammar and life occurs less with the advancement of technology and informational overload.

For Federal employees and U.S. Postal workers who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the primary focus in preparing, formulating and filing for Federal Disability Retirement benefits is in that “write-up” of one’s Statement of Disability as required by SF 3112A.  That is, indeed, where grammar meets up with life, and the manner of prose, the punctuation advanced, and the words chosen, will all coagulate to present the force and ferocity of one’s evidentiary impact.  If represented, the lawyer will likely include a “legal memorandum” arguing your case, as well, through legal citations and references to the statutory and case-law basis upon which the Federal Disability Retirement application should be approved.

In the end, life is rarely lived in a vacuum, and hermitages of yore when medieval fiefdoms were aplenty, no longer abound with plenitude of choices; and for the Federal or Postal employee who must contend with the bureaucratic morass of the U.S. Office of Personnel Management, the preparation of one’s Federal Disability Retirement application is indeed a time when the collision of grammar and life may well occur.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement Benefits: That oppressive air

There are circumstances in life when the environment becomes so intolerable, that one just has an inkling to “chuck it all” and walk away.  Fortunately, the human animal possesses a measure of self-discipline and restraint; although, looking at the excesses of the world around us, one would never know it.  If you watch and read the news, one would logically conclude that the world around us is falling apart and disintegrating at the seams.  If you hermetically seal one’s life and shut down all communication devices, happiness may well abound in the bliss of ignorance, but you will be deemed to be either mad or uncouth.  That is, in fact, what the ad agencies wanted us to believe, wasn’t it?

The term of modernity has been “connectivity”; everywhere you go, it is essential to life’s essence to remain in communication through various electronic devices and systems; portable “hot spots” had to be maintained, and even roadside motels got into the swing of things by posting neon signs which first touted a low price for an internet connection; then, later, when the foundational economic principles of supply and demand forced a steep decline in pricing wars, a mere announcement that free WiFi was available replaced the spectacle of flashing signs touting those strange numbers, such as “$19.95” or “$9.99”, as if we were ordering a family meal at Denny’s as opposed to maintaining that vaunted “connectivity” (what an ugly word!) for our various electronic devices.

If I had been paid a dollar for every device and newfangled invention that delivered the advertised promise of allowing me greater “freedom” and “saving more time” in order to do those things which one never has time to do, we would all have retired to gated communities in wealth, luxury and comfort.  Instead, it seems that technology, the constant barrage of information and the heightened level of stress seems to compound the problem; and with a collective sigh, one may ascribe the generic term of that “oppressive air” to describe the state of malaise in which we find ourselves.

Such generalized pressures of life are further exacerbated for the Federal employee or U.S. Postal worker who must contend with the added difficulties of a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal positional duties.  Fortunately, for the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, there is a Federal benefit to be applied for — Federal Disability Retirement benefits.

The process itself can be described as onerous and a maze of bureaucratic complexities, confounded by administrative ineptitude of an unquantifiable degree; but in comparison to that oppressive air which the Federal or Postal employee must endure at the hands of an increasingly hostile Federal agency or U.S. Postal Service — one that never seems to tolerate the disabled, infirm or otherwise “unfit for duty” — filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the preferred option, especially if connectivity to some semblance of future financial security remains an important component of life’s growing anomalies.

Sincerely,

Robert R. McGill, Esquire