Tag Archives: lawyer opm serving ohio residents

Federal Employee Disability Retirement: Selfishness

Many are taught concerning the virtues of selflessness; that in a society of greater complexities, that is often a good thing.  But there are times when the opposite must be considered:  of selfishness, when weighing the relative import of contending values.

Now, one might begin such a discussion with the wink of irony:  “Doesn’t it depend upon how we define the terms, to begin with”?  Yes, it does; for, relativity in ethics, while denied by many with a religious “bent” because it is assumed that everything relative cannot be universalized, and as we are all under the misguided Kantian notion that if anything is less than a universal, it must by necessity be invalid.  Yet, if you read Aristotle correctly, it is always from the particulars by which universals develop, and in that respect, it is the very foundation of Truth.

Selfishness”, at some point, in specific circumstances, can be a “good” thing.  The selfless individual who has disregarded his or her own well-being in pursuance of the good for others, at some point must return to the care and maintenance of the self, if only to conserve and persevere in order to fight for another day.

Federal Gov. employees and U.S. Postal Service workers are a prime example of the selfless devotion to duty, to responsibility, and a sense of carrying out “the mission” for the agency — often at the expense of one’s own health.   When the time comes, however, when the Federal or Postal employee has sacrificed his or her own health in the process of working to death one’s self, for the furtherance of the agency’s mission, then it is time to consider becoming somewhat “Selfish”, and in that context, selfishness is a “good” thing.

Contact a FERS Disability Retirement Attorney at the point when selflessness becomes a necessary transformation into selfishness, and begin the process of initiating a Federal Disability Retirement application under the FERS system, through the U.S. Office of Personnel Management, in order to embrace the ultimate concept of self-contradiction:  Of the selfish selflessness.

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 Medical Disability Retirement: The Nimbus Implication

Subtlety is gone; everything must now be explicitly stated and proven.  Diplomacy was often known as the art of the subtle — of making statements which could be interpreted in multiple ways; of committing, and yet not; of appearing to be cordial while hiding the tensions of subterranean hostilities — sort of like the relationship between the United States and China, as opposed to the now-openly hostile and confrontational geopolitical interplay with Russia.

The “nimbus” is that halo often depicted over the head of a saint.  It is vague; somewhat of a haze; a luminous color that remains even when the individual walks about.  What does it imply?  Somehow, we all know — that it implies saintliness, of a purity and quality we ourselves do not possess, and when we encounter a figure who possesses it, the implication is clear and unequivocal: We have encountered the supernatural.

Federal employees and U.S. Postal workers who suffer from a medical condition which prevents the Federal or Postal worker from being able to perform all of the essential elements of his or her job, often walk about with what is tantamount to the nimbus implication — except, with the opposite effect.  Instead of saintliness, it is about being a pariah; for, over time, the Federal Agency, the Postal Service, the Supervisors of both, they all lose patience with the individual who suffers from a medical condition.

Suddenly, the nimbus implication leads to a PIP (Performance Improvement Plan); a restriction on leave usage; even discriminatory practices deliberately initiated by the Federal Agency or the Postal Unit; and, sometimes a removal from Federal Service.  The option once the nimbus implication reaches an extreme point?

File for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management.  Contact a FERS Lawyer who specializes in Federal Disability Retirement Law and begin the process of avoiding the consequences of the nimbus implication.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Benefits: Maintenance and Repair

We know the difference; of performing regular maintenance as opposed to the necessity of repair when something breaks down.

In recent years, there has arisen a cottage industry for every type of mechanical device: Of heating units and cooling systems; of automobiles; of computers; snow blowers, etc.  Maintenance is the yearly or semi-annual need for attending to required cleaning, parts-replacement and other issues — in an effort to prevent a breakdown.

Repair is when the breakdown occurs, and when we can then blame either the failure of maintenance as the failed preventative measure (now, in reflection, thought to have been unnecessary), or the question as to why such maintenance failed to detect or otherwise forecast the failure.

Medicine itself has engaged in that line of thinking: By getting regular checkups, scheduled diagnostic tests, follow dietary guidelines, etc., we believe that such “maintenance” actions can prevent the onset of disease and conditions.

An analogy can be made for preparing, formulating and filing an effective Federal Disability Retirement application under FERS: Preventative maintenance is hiring a lawyer who specializes in Federal Disability Retirement Law; Repair is if you do a “do-it-yourself” approach for the Initial Stage of the Process, or even the Reconsideration Stage, then you go to a Federal Disability Lawyer to “repair” the denial from the U.S. Office of Personnel Management.

In the end, while no lawyer can guarantee a successful outcome in a FERS Federal Disability Retirement application, the preventative maintenance of a Federal Disability Retirement application is the preferred course, but if you get denied, you will certainly need to get the legal repair-work done by contacting an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Employee Medical Retirement: The Mistake Unrecognized

We can always quibble about what constitutes a “mistake” — but, generally, there are circumstances described which fall into the center of the conceptual definition, those which border on the periphery, and then the remainder which, while having a consensus that they stray outside of the boundaries, nevertheless are often described as a “mistake”, but only in a retrospective manner.

Examples: A man is driving down a road and makes a left turn instead of a right.  He thought he knew where he was going, but clearly did not.  He made a mistake.  A clerk in an ice cream store thought the customer said, “Give me a scoop of Godzilla Ice Cream” — a specialty of the shop comprised of chocolate and large fudge bits. Instead, the customer had said, “Give me a scoop of Vanilla Ice Cream.”  In the din of the noisiness, the clerk misheard and made a mistake.

An individual purchases some stolen items from a street vendor.  She suspects that they are stolen, but because of the extraordinary price for which the items are aggregately offered, represses such thoughts and agrees to the purchase.  Later, the police raid the woman’s home and confiscate the property.  Was it a “mistake”?  In what way?

Here are several: It was a mistake to repress the suspicions aroused; it was a mistake to purchase such items from a street vendor; it was a mistake to fail to connect the dots of illogic; but had the person never been caught, and the value of the items later increased a hundredfold and was legitimately sold at Sothebys for an eye-opening profit, would the transaction be characterized as a “mistake”?

And finally: A similar transactional relationship; but let’s change the hypothetical somewhat.  In the new scenario, the person about to engage in the transaction asks for advice before concluding the deal.  Everyone tells him, “Don’t do it.  It is clearly fenced goods.”  A friend — a retired police officer — gives the following advice: “You know it’s gotta be stolen. You can be arrested for participating in receiving of stolen goods.  Don’t do it.” Multiple family members say t he same thing.  The person goes ahead and attempts to close the deal and, in the process, the police raid the establishment, charge the individual and place him in jail.  Was it a “mistake”?

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 — don’t make the mistake of unrecognized scenarios.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and avoid those “mistakes” which are clearly there and which can — and will — defeat a Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement under FERS & CSRS: Sun rise, son set

Can homonyms be mistakenly utilized in spoken language, or only if written?  When we speak, do we have a conceptualized entity of the sentence spoken within the mind’s eye, or is it all just the blather of our own voice which prevails upon the sensitive ears of others?  If we have a word misspelled in our own minds as we speak of it, does it count?

Or, what do you make of a person who says, “I believe that the son is about to set”, then apologizes profusely, saying, “Oh, I am so sorry for the mistake; I was thinking about my son just as the sun was about to set, and mistakenly inserted one for the other as I declared the sun about to set.”  Does it even make sense to apologize?  Yet, in his own mind, he has made an error that needed to be corrected, so the further question would be: Can an error be one if no one else but the person who made the error recognizes it?

Oh, but if only this were true in all sectors of life — take, as another example, a person who finds that his bank account has been deposited with an astronomical sum: instead of $200.00 deposited on Thursday, the bank records show a deposit of 2 millions dollars.  You go to the bank and inquire, and the bank manager treats you like royalty and says, “No, no, there was no error; it was definitely a deposit of 2 million dollars.”  You know that an error has been committed; no one else will acknowledge it, and feigns either ignorance or rebuts your presumptuousness that you are correct and all others are wrong.

Is such a case similar to the one about homonyms in one’s own private world?

Or how about its opposite — Son rise, sun set.  You say that to someone else — “Yes, the son will rise, and the sun will set.”  It appears to sound like one of those pithy statements that is meant to be profound: “Yes, the sun will rise, and the sun will set”, stated as a factual matter that cannot be disputed.  Was an error made?  Do you turn to the individual who made the declarative assessment and correct him — “Excuse me, but you misspelled the first ‘son’ and should have been ‘sun’”?  And to that, what if the speaker says, “No, I meant it as it is spelled; you see, my son gets up to go to work when the sun sets.”

Of course, how would we know unless the speaker were to spell the words out as he is speaking — you know, that annoying habit that people engage in when they think that everyone around is an idiot who cannot spell, as in: “Now, watch as the entourage — e-n-t-o-u-r-a-g-e for those who don’t know how to spell and who don’t know the meaning of the word — comes into view.”  To such people, we roll eyes and step a distance away.

For Federal employees and U.S. Postal workers who are wondering what homonyms have to do with Federal Disability Retirement issues, the short answer is: Not much.  Instead, the point of it all is to have the Federal and Postal employee understand that preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is much like having a private thought — the medical condition — which is suddenly revealed only after we choose to do so.

Medical conditions are extremely private and sensitive matters, and are often hidden by taking great extremes of cautionary steps.  Privacy is crucial, but when the decision is finally made to prepare, formulate and file an effective Federal Disability Retirement application, you must accept that others will come to know the reality of the privacy you have protected for so long — somewhat like the sun rising and the son setting, only with greater significance and painful reality.

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

 

Disability Retirement under FERS & CSRS: The worthwhile life

Is that what we are all striving for?  Is the myth that never occurs the one that urges us on?  There are multiple idioms and pithy sayings by which “wisdom” is extracted and thought to be a solid foundation for acting and reacting in certain ways.  “No one ever says at the end of one’s life, ‘I spent too much time with my kid’”.  “Live for tomorrow and you will regret a month of Sundays”.  “Time spent at work is time away from family.”

Yes, yes, all of that is true, but one must still make a living, be productive, “make something of one’s self”.  That last saying – of essentially having one’s 15-minute moment of fame (that was Andy Warhol’s generation, wasn’t it?  Today, it has been shortened by microchips and technological speeds into the milliseconds, so it is no longer applicable) – is what people do, work for, strive to attain and act without shame to achieve; and if so, does that make it all “the worthwhile life”?

What ever happened to those who made it on to some morning show or other, who were interviewed for some act of insanity, some bold moment of fame that captured someone’s imagination somewhere in some unknown sector of a now-forgotten universe?

Recently, there was a “lower-tiered” author who died, who shall remain nameless to maintain a sense of decorum for the dead; and a certain number of books of this now-dead author was obtained, which had been signed and inscribed.  Now, the inscriptions were clearly to her children, and were written with a fondness and private display of affection.  The question that is naturally posed, however, is as follows: Why were the books, inscribed by a “somewhat known” author to the author’s children with such love shown, sold to a used bookstore?  How did they end up there?

From a reader’s perspective, the author may have been deemed a person with a “worthwhile life” – for, to be published, to be well-enough-known, and to produce books that were enjoyed and read; these would, in the eyes of the world, be considered “making a mark upon the world” and deemed to have had a “successful” life.  And, yet – the sad fact of the sale of a book, inscribed to the author’s children, sold for a pittance; it harkens back the pithy saying, in whatever form, that “no one ever said on his deathbed, ‘I didn’t work too much’, but there are more than a few who have said with a last gasp, ‘I didn’t spend enough time with my kid’”.

For Federal employees and U.S. Postal workers who are 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, that is the point, isn’t it – that to “hold on to” one’s job despite the increasingly debilitating medical condition because one considers the Federal or Postal job to define one’s identity as a “worthwhile” person, is mere folly in the scheme of life’s gifts.

Health, and maintaining one’s health, should be fame enough in pursuance of a Federal Disability Retirement case.  Let the others in posterity of hope determine whether the worthwhile life has been lived, and by whom, but more importantly, for whom.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Pursuing the Daily Divide

The bifurcation of our lives is a habit of accepted normative behavior; for most, it is the simple divide between one’s personal life and professional endeavors; then, there are sub-categories of complicated spectrums, where criminal activity is pigeonholed from a daytime semblance of respectability, or deviant behavior is concealed from one’s reputation and facade of societal refinement.  Those separations make for ease of transition, or used to.

More and more, in modernity, the dividing lines have become obscured; work is performed from home, and personal, more private affairs are discussed and disseminated in the workplace.  The great equalizer of the daily divide is a medical condition.  For, when one leaves one’s home, you cannot leave behind the condition and pursue your professional life untouched; instead, because a medical condition is pervasive, remains with one until cured or kept in control or concealment, the stigma of the condition remains throughout.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties at the Federal agency or the U.S. Postal Service, it becomes apparent quite quickly as to whether one can maintain the daily divide, to what extent, and whether effectively or not.

Federal agencies and the U.S. Postal Service have little room for patience, and less space for empathy or an accommodating outlook (used in a general sense, as opposed to the term of art which “accommodation” implies in the legal field of OPM Disability Retirement).  It becomes apparent quite quickly that the daily divide — of separating one’s personal life from the pursuit of professional endeavors — cannot be maintained, and it is time to divide the daily divide by preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Life is rarely a neatly-packaged ordeal, and the many years that we were able to fool ourselves into thinking that the daily divide would allow for an undisturbed bifurcation between the two universes, reveals the fragile nature of our own creations of artifices that remain shaky in their very foundations.

Filing for Federal Disability Retirement benefits is often the approach of a pragmatist; the divide between one’s professional endeavors and one’s personal life was never anything but a cognitive dualism concocted by clever cheats; life was, and remains, the bundle of complexities entangled in the web of unpredictable mysteries, as is the human being.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Generational Transfer of Wisdom

If wisdom is the collective knowledge, information and experience of a culture, then the loss, refusal or rejection of such historical amassing of purposive accrual of cognitive aggregation would result in the disintegration of a cohesive identity.   Foolishness can therefore be defined as the state of reinventing the wheel at every turn, merely because of a stubborn refusal to listen and learn.  And that is precisely the current state of modernity; youth portends to pretentiousness; all of knowledge is discovered only today, and the older generation knows not the profundities of present-day philosophers who tweet daily gems of lifestyle advisories and post declarative idleness of incomprehensible vacuities.

The generational transfer of wisdom appears not to occur, as age determines relevance or signification of acceptable attributes, and pop culture and kitsch are the declared values of societal constructs.  Then, where does that leave the vulnerable and infirm?  The rejection of generational transfer of wisdom is merely an indicator; what it points toward is a greater denial of values, truths and ethos of a culture.  It begins with a coarsening of normative boundaries of conduct, and progressively crumbles the inherent foundations of a society.

For Federal employees and U.S. Postal workers who have witnessed the increasingly adversarial environment of the Federal agencies and U.S. Postal Service, the measurable and palpably observable abuse and neglect of basic rules of conduct and behavior are harbingers of greater stress and intolerance.  Federal and Postal employees are always asked to do more with less; and when a medical condition enters into the equation, the need for accommodating — even temporarily or for extended periods of absences or predetermined blocks of time — becomes a mere formality for discrimination and dismissal.  Medical conditions are a part of life — and how we deal with individuals with medical conditions constitutes the character of a person, group and society.

For Federal employees and U.S. Postal workers who suffer from the duality of adversities — the medical condition itself, and the cold disregard of the Federal agency or the U.S. Postal Service — consideration should be given to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Does the Federal or Postal employee need the advice and guidance of a Federal Disability Retirement lawyer in pursuing Federal Disability Retirement benefits through OPM?  That is a microcosm of the greater question of rejecting the generational transfer of wisdom as reflected in society as a whole; for, as the fool in Shakespeare’s tragedies often imagines himself to be the final word on all matters of importance, so the resulting destruction in the final act in both the play and of life is often costly, if not predictable.

Sincerely,

Robert R. McGill, Esquire