Tag Archives: law blog government medical retirement benefits

Federal Employee Disability Retirement: Human Failure

It is the stuff of tragedies and pablum for tearful stories.  Human failure, as distinct from errors committed by other species, is unique for its moral implications and impact upon lives left behind.  Other species may have their failures — a squirrel that misjudges a branch and falls to the ground; a predatory search that ends without a meal; an incursion into human territory where traps await or a hunter sights. The consequences of such failure may result in the death or injury to the animal involved.

Human failure, however, often results in lives being destroyed for years beyond, where not only physical injury becomes evident, but the lasting damage to a psyche yet untold.  We try and restrict it; some manage to get through life without much scathing or scarring; but most of us have a trail of failures like a dust storm that leaves an eternal residue of soot and sorrow.  It is, also, often in how one views failures or successes.

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 all of the essential elements of one’s job, human failure is often misinterpreted.

It is not our “fault” that you have become injured or beset with a medical condition, and Federal Disability Retirement recognizes that your humanity still holds some future potential — which is the reason why, even after being approved for Federal Disability Retirement benefits, you are allowed to work in another job and make up to 80% of what your former Federal position currently pays, and still continue to receive your Federal Disability Retirement annuity.

Consult with an attorney who specializes in Federal Disability Retirement Law, and begin to focus back upon your human potential, and leave behind the trail of human failure.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Medical Retirement: Vanishing Time

Where did it all go?  Whether it was the week, the past year, or the past decade, we look back and ask in wonder: How did I not notice?  You wake up one morning and realize that the ravages of time become reflected in the mirror by the face staring back at you.  We are allotted a certain number of years during a lifetime in order to put our stamp upon this world, to create a legacy, to be mentioned in a biographical footnote; and of that apportionment, have we made good and productive use of that gifted slice?

Excuses abound, of course; that life intrudes, that various events interrupt and cascade into timeless energies expended beyond capacities endured in moments of frenzied capillaries of wasted efforts.  That’s what New Year’s resolutions are for: To hit the proverbial “reset” button and redirect our efforts into more productive ventures — of self-help books left unread from the previous year and motivational videos unwatched and left to gather dust on the bookshelves of unintended consequences.

Time vanishes without our even knowing it, and for Federal employees and U.S. Postal workers who are suddenly beset with a medical condition that impacts his or her ability to continue in a chosen career with the Federal Government, the question becomes: What do I want to do with the time remaining?

If Federal Disability Retirement is a necessary next step, consult with a FERS Attorney who specializes in Federal Disability Retirement Law so that the vanishing time is preserved for a brighter tomorrow that may not last forever.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Recognition

At some point in one’s life, there is a recognition that a “gap” has been established between the dreams of one’s youth, the expectations of reality embraced in adulthood, and the lack of achievement one has attained in the final stages of one’s life.  It need not be a final moment of a gestalt-like profundity, where we suddenly realize with a declarative “Aha!” at some critical juncture in our life; rather, it can be a subtle realization over time, concluding with an expectation of acceptance, or of bitterness towards life’s unfairness.

Life is, indeed, unfair.  Two people can toil and sweat at one’s work and have starkly differing results.  One may become very wealthy; the other, constantly struggling just to live from paycheck to paycheck; and yet, the extent of cognitive or physical effort expended by each may be of little difference.  One may counter: It is not the effort expended, but rather, the value of the product or service offered.  But even that is not quite true, is it?

The classic example is the pay scale of a teacher — irrefutably of greater value than the sale of vehicles or mink coats, yet of relatively paltry return.  One never hears of a wealthy teacher; one hears of wealth attained through frivolous services based upon an idea engineered in the basement or garage of a computer whiz-kid.

Recognition is an important crossroads; of the disparity between what one expected and what one has achieved; of determining early on what is of value, of how one defines “success” as opposed to “failure”; and of resisting the idea that all of youth’s folly must be realized in order to be deemed a success, leaving aside whether success itself must be narrowly defined by a person’s pocketbook contents.

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 is often a necessary prerequisite of a recognition that one’s Federal or Postal career is over.

Filing for Federal Disability Retirement under FERS is not, however, a recognition that one will never achieve or attain what one originally set out to do; rather, it is a recognition that there is life after a Federal or Postal career, and that the medical condition has merely revealed an incompatibility between one’s Federal or Postal position and the medical condition that one never asked for, but a reality with which one must deal with — a recognition itself that is an important first step.

Sincerely,

Robert R. McGill
FERS Disability Lawyer

 

Disability Retirement for Federal Government Employees: What not to say

Of course what not to say is as important as the things one says.  Such a warning is true in most contexts — social; professional; personal; familial; in either private or public settings.  We are taught that at an early age, and continue to feel its social and cultural “bite” throughout adulthood, until one has (hopefully) gained some wisdom throughout the years.

Some never learn it — perhaps because they never had to endure the consequences that naturally come about, or simply don’t care or, in the very rare instance of uniqueness, do not need to care either because of wealth, power or prestige that, like the teflon individual, no amount of social crudeness will wipe the sheen away.

“Don’t stare” is an admonition that parents make early on — another form of “what not to say”, except this one in correcting a non-verbal action.  “Don’t say things that are hurtful”, or “Don’t divulge private information to people you don’t know”, as well as the one that has to be balanced with concerns about putting too much fear into a child: “Don’t talk to strangers”.

It is, indeed, the “don’ts” in life that define the social graces within acceptable normative behaviors, and as the spoken work (or the written, as the case may be) takes up so much of human interaction, what we learn not to say, how we act and are restrained from acting, often defines the extent of a person’s maturity and learning.

It is often the negative which defines the positive — i.e., what we do not see is rarely noticed, but constrains that which is revealed (the positive) so that the unseemly and rough edges have been worn away, manifesting a smoothness that borders upon beauty.  But never underestimate the destructive force of that which is negated; for, if forgotten, it will resurface and damage.

Thus, for Federal and Postal employees who suffer from a medical condition such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, always remember that — in preparing, formulating and getting ready to file a Federal or Postal Disability Retirement application — it is important to keep in mind those things NOT to say or reveal; for, once you admit freely a legal basis upon which a denial becomes a certainty, it is difficult to retract that which is revealed.

So, in the end, your parents are proven right: What they told you NOT to say is precisely the rule to follow.  The problem, however, is that when it comes to dealing with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, you will need to consult with an experienced attorney who specializes in Federal Disability Retirement Law in order to comprehend the full import of what not to say.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Government Employees: Latent dignity

There are people who, by their very carriage, command respect and deference; it is like the royal crest without intimate knowledge of lives or spoilage in whispers behind shuttered windows – it is just presumed.  Does man possess a latent dignity beyond the carrion of an eagle’s flight?  Are we, indeed, just below the angels, and above the fray of predatory delights?

Ah, but lest we forget the devastation wrought upon the concept of man, history and the inheritance of lineage, when materialism became the birthright of man and the genetic predisposition as espoused by the paradigm proffered by Darwinism became the penultimate penumbra of the image we carry forth of ourselves; and when we discarded faith in angels, affinity to the noble character of man, and association in the exclusive club of rationality as the essence of being – once these were ignored, dismissed and derided, then we refused the rightful inheritance of our rich ancestry.

Of what dignity, latent or expedient, may we claim, now?  How, and with what birth right, can we stake the soul of a mere mortal who reaches as the epitome of being nothing more than the cadaver upon which vultures feed?  Once discarded, the metaphysical lineage of man disappears, and any transcendence of being – whether of the three parts of the soul or even the road to Mecca – they have been forsaken for the eternal gluttony of human appetite.

Once, when wars were fought not for oil nor the glory of mercenary satisfaction, but words of honor and fidelity, for family, country and salvation of souls; and not of mere seedlings left for others to starve upon, but for things we once believed in, had faith of, and sought the worth of sacrifice in a universe otherwise left to others and countless ineptitude of bureaucratic morass.

There was, once upon a time, a story for mythology to fill; for giants to slay, dragons to conquer, and pathways to forge without fear of retribution.  But, somewhere along the way, something strange happened; we lost faith, left behind tradition, and allowed the foolishness of youth to prevail and rule upon the rationality of man’s heritage.  Beauty was accepted as the glamour of a television show; substance was interpreted as a funny one-liner on a late-night comedic episode; and instead of Western Civilization’s tradition of gratitude, humility and love of neighbor, we were suddenly left with nothing more than the emptiness of materialism and the promise of nothing more than death, decay and an unmarked tombstone with etched markings which merely revealed the beginning of life and the end of living.

In what promise, then, do we knock upon the door for that latent dignity we define as man?

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 engaging in that most meaningful of projects – one’s career, work and vocation of choice – because of the very medical condition itself, there comes a time when the harassment, intimidation and demeaning conduct perpetrated by the Federal Agency or the U.S. Postal Service must be stopped.  Sometimes – and often enough – that plan of stoppage can only be sought and embraced through the effective preparation, formulation and filing of a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Only by moving beyond the arena of demeaning venues of life can we attain a status and stature of latent dignity; for, it becomes clear in this age of modernity, that such dignity is no longer latent, but remains for the individual to assert and declare, and not allow the silence of the lambs to drown out the pureness of one’s soul.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The Trader

We all think we are the “best” at it; and, indeed, that is one of the espoused qualifications boasted by one of the major party’s candidates:  a greater deal-maker, the penultimate trader.  Such a person claims to be able to spot the jewel in the hidden crown; the uncut diamond in the quicksand of life; and the unrevealed luminosity in a universe covered in the abyss of vacuity.

We all like to think of ourselves as that great horse-trader – the one who can spot a good deal when we see it, and walk away from a sour one left unidentified for another sucker to be conned.  The problem is that our egos tend to be greater than the wisdom of our own estimation.  There is a reason why, in the United States, “self-esteem” hits records of affirmation and acknowledgement; we keep telling ourselves how great we are, and all the while others prove worth by accomplishment and sheer toil.  That used to be our lot – of toil, despair and exhaustion from hard work; now, we believe in ourselves, and so it must be so.

There was a time when trading well meant surviving for another season; fur traders, commodity exchanging and transference of goods and services – these were the substances by which lives were lived.  The introduction of money as the prevailing source of exchange placed an interrupting force within the evaluative process of trading.  For, no longer was one thing transferred by direct possessory exchange for another, but the purchasing means became dependent upon a common currency for that exchange.

We lost the “eye” for direct exchange, and instead relied upon outside sources to determine the value of goods and services; and if one acquired a greater amount of currency, then the value itself of exchanging with that currency became diminished; and thus was born the evil of inflation.  There is no inflation in a primitive economy of direct exchange; for, what is immediately needed, desired and traded for, constitutes the direct value of the currency involved.

Then, of course, there are less “material” issues for the good trader.  There are “trade-offs” which must also warrant a “good eye”, in that a person must be able to evaluate, assess and analyze current circumstances, future needs and predictability of contingencies unexpected.

That is where the good trader in a Federal Disability Retirement case comes into play.  For, the Federal employee or U.S. Postal worker who suffers 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 position, must be able to evaluate all of the vicissitudes of life’s misgivings, and make the “trade-off” between current work and career, future needs and potentialities, and engage the proper decision in moving forward (or not) in preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset.

For, being the natural trader all of us are, and believing that our self-esteem depends upon the efficacy of our trading instincts, may not be enough to survive in this life; it often takes an evaluative methodology of acknowledging the “trade-offs” one must accept or reject, in order to survive, and the first order of a trade never to make is the one that concerns one’s own health and well-being.  For, that is an invaluable commodity which has no equivalence of worth possessed by anyone else in order to constitute a fair exchange under any circumstances, and that is why preparing, formulating and filing an effective Federal Disability Retirement application reflects the greatest trade of all.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Be Wary of the Non-Substantive

The evolution of words, their meanings, the subtle connotations and implications gained or lost over time — these are all of interest, if only because they reflect changes to society, often in tumultuous ways, as earthquakes which shatter and create fissures within human normative designs, and in the midst of the rubble, a sense of loss and shattering beyond the mere tragedy of linguistic ruins.

In Aristotle’s time, the term “substance” had a specific meaning; and any superficial reading of Plato and his concerns involving appearance versus reality, the mysterious substratum which follows upon the continuity of what we see, what we suspect to remain unrevealed beneath the surface of visual phenomena; and, indeed, the history of philosophy is a dialogue of content verses context, from Descartes’ search for certitude rendering the entirety of Philosophy impotent by turning inward towards the self; of Kant’s consolation of such self-immolation by bifurcating the universe into a known and unknowable void; and into the modern realm of Deconstructionism, post modernity, Derrida’s meanderings, and the modern hermeneutics of non-religious definition of truth, reality and the condition of man.

Within that greater context, we are left with the devastation of a simple truth:  The essence of man rarely changes; we merely make way for new window dressings.  But through it all, we must always be wary of the non-substantive, and harken back to Aristotle’s concerns; that which we create and leave behind, we want to ensure that it survives with some rock-gut matter that makes a difference and actually matters.

For Federal employees and U.S. Postal workers who are suffering from a condition, such that the medical condition impacts the capacity of the Federal or Postal worker to perform one or more of the essential elements of one’s positional duties in the Federal or Postal job, it is often that sense of loss, the discontinuity of what they were accomplishing, and the “leaving behind” of unfinished business, which pulls them from filing for what needs to be filed.

We like to finish what we began.  We want to leave a legacy, a memory of who we are, what we were, where we ended and how we got there.  The unfinished fabric of unwoven material leaves a fluff of scattered cotton fibers scattered for the winds of time to disperse.

For the Federal and Postal worker who has dedicated his or her life to a career in the Federal sector or the U.S. Postal Service, leaving is a trauma upon a trauma of medical conditions.  But the Federal and Postal worker must always remember, that the substantive course of life must always begin with the impetus of self-motivation, and within the shark-infested waters of the undersea in lands and foreign worlds where human calamity coalesce, the self-preservation of one’s health must begin first, and only then can one step forward into the universe of the next career, the next life, the follow-up inning of future legacies.

Taking care of one’s self by preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, through the U.S. Office of Personnel Management, is the move of wisdom if one is to secure a future of accomplishment and actualization of any remaining potentiality.  We all have reasons for not doing something.  Be wary of the non-substantive.  Focus always upon the true meaning of who we are, what we have become, and where we are going.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Obligation through Declaration

It is through the vehicle of the declarative statement that obligations are created.  Thus, when one states:  “I promise…”; “I will…”; “You can count on me…”; and other similar declarations of intent, then the connection between the speaker and the one to whom it is stated, is immediately created, such that a binding sense of mandatory indebtedness is established.

In many ways, then, it is through the spoken word, arranged in a pre-established sequence of grammatical form, which constitutes something beyond a mere folly of ideas, but binds an obligation of intentionality.

That is why talking “about” something is often the first step towards doing it.  Of course, words alone can result in a continuum of inaction, and the more words which are spoken by an individual, without any follow-up as a consequence, can undermine the very force of those initial linguistic hints, until the day comes when those around simply mutter, “He’s been saying that for years…”

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents him or her from performing one or more of the essential elements of one’s positional duties of the Federal or Postal Service job, the consideration for filing for Federal Disability Retirement compensation will normally take those initial, communicative steps of inquiry:  first, with one’s family; next, with some research and thought; and further, some outreach to someone who has knowledge about the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS or CSRS.

Mere talking and gathering of information does not create an obligation of an irreversible nature; but when one moves from declarative statements devoid of future contingency (“I plan on filing…”) to one of present involvement of intent (“I am in the process of…”), then the step from mere words to activity of production has been established, and the Federal employee is then well on his/her way towards securing one’s future.

Sincerely,

Robert R. McGill, Esquire