Federal Disability Retirement Law: The Mistakes We Make

Do you ever look back on your youth and wonder, Wow, how could I have made those mistakes?  If you escaped some significant and major consequences, then likely Providence was looking over you.  Of stupid dares you accepted; of actions bordering on the illegal; perhaps some reckless outings where the police somehow didn’t notice; or of things we did yet hoping for a reprieve, a reset, a forgiving heart.

Do we regret them?  Not if we escaped the repercussions which have beset others; for, it is in the very foolishness of what we did, of the mistakes we made, but where the natural consequences failed to take hold — that is, quite often, the definition of youthful folly.

Nowadays, of course, such youthful folly has become far from innocence-in-action; death, or serious harm, often results, and we have to pay the consequences of such misdeeds.  Somehow, today’s youthful follies are not like those immature misdeeds of the recent past; instead, they are deadly, and neither “innocent” nor “youthful”.

Then, we one day became adults and youthful follies could no longer be considered as such.  The age of adulthood made you no longer youthful, and certainly not free of liability.

For Federal employees and Postal workers who have come to a critical juncture where serious consideration must be given to preparing, formulating and filing an effective OPM Medical Retirement application under FERS because of a medical condition which no longer allows you to continue in the career of your choice, the mistakes we make in preparing, formulating and filing an effective disability retirement application under FERS can lead to devastating consequences.

No longer can you rely upon excuses of past misdeeds:  Of youth; of ignorance; of innocent lack of knowledge, etc.

Contact an attorney who specializes in FERS Disability Retirement Law, and don’t let the mistakes we used to make within the jocular other-worldliness of youth and folly become the mainstay of why you are deprived of a disability retirement annuity which should be obtained, but for the mistakes you used to make, and the ones’s you may still make.

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.

 

Medical Retirement Benefits for US Government Employees: The Fears We Hide

Have you ever observed other species — cats, dogs, squirrels, rabbits, etc.?

They don’t try and hide their fears.  We, as a species, try all of the time; and whether we are successful or not, it is the “trying” which makes us unique.  For, why would it be necessary, in a perfect world, to try and hide our fears?

Fear is in response to something which is fearful — a circumstance; a developing situation; a prognostication of events unfolding; of an impending force or figure which may potentially do us harm, etc.  Human beings, however, engage in much foolishness — of “appearing” this way or that to some other individual or group; of “saving face”; of trying to act “as if”.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the fears we hide are of many: How will it impact my ability to perform my job?  How will my Federal Agency or the Postal Service react when they find out?  What will my future look like? How will I be able to survive?

Contact a FERS Disability Lawyer who specializes in Federal OPM Disability Retirement Law and see whether or not the fears we hide are real or imagined.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

 

FERS Disability Retirement for Civilian Federal Employees: Surprises in Law

Surprise is the result of being unaware, of not anticipating a known future event, or failing to recognize the telltale signs of an impending occurrence.

In the end, it is often based upon ignorance.  The term “ignorance” is considered a pejorative term — one of judgment, lesser value and of stupidity.  Yet, the root word is “to ignore” — that is, of having the capability of knowledge but deliberative and purposefully taking steps not to acquire such knowledge or — perhaps even worse — not caring enough to learn.

Surprises in law often occur as a result of lack of preparation or failing to anticipate legal hurdles left unaddressed.

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, surprises down the turnpike of engagement with the U.S. Office of Personnel Management can become a regular and unpleasant occurrence.

Limit the surprises and contain them; preempt them; anticipate them.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and avoid the landmines of defeat by anticipating the roadblocks of surprises.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: Uncertainties

This is a universe of uncertainties; and yet, we are creatures who rely upon certainties.  We are certain that tomorrow, the sun will rise again; that the world we inhabited just before sleep overtook us will resemble the one we awaken to; that our cellphones and laptops will function in a fairly consistent manner; that the world of yesterday is a prelude to the universe of tomorrow.  Until it is not.

Tumultuous times render us impotent; we rely upon a constancy of yesterdays; but when the future becomes uncertain, when the times that surround become destroyed in an upheaval, the certainties we rely upon become all the more relevant.

These are, indeed, uncertain times, and for Federal employees and U.S. Postal workers who suffer from a medical condition where those very medical conditions can no longer allow you to perform the essential elements of your job, it is within the context of uncertainties that you should seek a semblance of certainty: Of an annuity that will secure your future financial health.

Consult with an attorney who specializes in Federal Disability Retirement Law and see whether you qualify to begin the process of securing a more certain future, especially given the uncertainties of the present.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Problem with Familiarity

“Familiarity breeds contempt” — was the unspoken rule within the military class which built a wall between officers and enlisted, supervisors and subordinates, bosses and workers, etc.  Why is that?  Is it because, beneath the veneer of superiority, we all know that we’re no better than others, and once the imperfections cleverly concealed are unraveled for others to witness, the scoffing laughter and the smirking undertone will openly splatter with a defiance of disdain?

Familiarity, over time, likewise brings us to take things for granted — of the monotony of everyday rhythms, that what we experienced yesterday will similarly occur today; that the sun will rise tomorrow with perhaps a cloudy interlude that hides the radiance of a clear sky for a brief respite, but knowing that regularity will return with a force of continuity.

What does it mean to “take X for granted”?  Whether of people, events, objects, pets or circumstances, it is how we approach things — whether with a freshness of purpose or an old rag of expectations.  What did we do differently “before’ the problem of familiarity?  Did we bring flowers every day to win the heart of a loved one — only to later expect that, well, since the heart has already been won, why waste the money upon such frivolities?  Does familiarity lessen the fervency of love, or does “commitment” undermine the urgency of conquest?

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 problem with familiarity is that the basis of constancy breeds not contempt, but comfort.  It is “comfortable” to stay where you are — despite the harassment, the adversity and the problems inherent in remaining; nevertheless, that which is “known” is preferable to the unknown.

Becoming a Federal Disability Annuitant may be a scary thought, but a necessary next step.  Taking that first step is to break away from familiarity, and that is where the problem lies — of stepping into the abyss of the unknown.  To smooth the pathway away from the road of familiarity, think of Robert Frost’s poem and consult with an attorney who specializes in Federal Disability Retirement Law.  It might make all the difference in your life.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Lawyer

    

Federal & Postal Disability Retirement: Sense of Justice

Why do we speak in those terms?  Why a “sense” of X, as opposed to X itself?  Is it because it does not precisely fit into the strict definition of X, but may well be implied by it?  “Justice” is often enmeshed with a definition involving morality and the strict bifurcation between “right” and “wrong” — as well as compliance with “the law”.

Personal Injury lawyers will often scoff at the idea that compensatory damages awarded necessarily implies the level of justice received; if that were the case, most people who seek money damages would never be rewarded with the justice sought, whether of a “sense” or not.

Similarly, is there any rationality in discussing the concept of “Justice” in domestic relations cases?  Is there a “just cause” to pursue when two people decide to separate, especially when children are involved?  Is it all “subjective”, as in the case of “fairness” or “unfairness”?  Or is there a more “objective” standard — as in the strict definition where the requirements of X are met by the proof of Y, leading to the unmistakable conclusion that “Justice has been served”?  If that were the case, wouldn’t all of “Justice” be a mere tautology?

For Federal employees and U.S. Postal workers who seek to meet the eligibility requirements for Federal Disability Retirement, the “sense of Justice” is achieved by proving one’s case, meeting the preponderance of the evidence test, then obtaining an approval from the U.S. Office of Personnel Management.

However, to achieve that goal — that “sense of Justice” — one must prepare the groundwork and set the foundation in order to meet the legal criteria posited.  In order to do that, it is wise to consult with a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, lest your sense of Justice were to fall somewhat short because of a lack of understanding as to what the law requires.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: Knowing where to stop

In life, it is often just as important in knowing where one is going, as it is to recognizing where to stop.  We all know the individual with “a mission” – always self-confident, never tentative, and rarely pausing to catch one’s breath except to regain one’s composure before blindly forging ahead with uninterrupted fortitude and resolve.  Military men and women are like that; born leaders and megalomaniacs follow suit; and only the timid bear the brunt of being pushed aside and trampled upon.  Overreaching is a problem in a society that knows only excess and limitless pleasure.  In the midst of being human, we forget our own humanity.

In the history of Philosophy, Rationalism has been usurped by Idealism; the latter, superseded by the reality of human depravity, and science the victor in the tension between theology and pragmatism.  In the end, Darwinian declarations of equality among the species have come to prevail, and in the post-Existential era of seeking merely pleasure above purpose, and the more modern parlance of embracing the “Happiness Principle” – where one’s minute-by-second assessment of one’s emotional quotient has trumped obligation, duty, convention and rational essence of an Aristotelian definition of Man – we now have no boundaries, no social conventions of constraints, and so long as we can avoid violating the basic laws that govern our society, we can do what we want.

In such a state, society and civilization, how can we know where to stop?  If everything is okay to do, how do we determine that which may harm ourselves, or otherwise breach the boundaries of decency and what it means to be human?  If all species are of equal value, then what worth is there in having humanity?  How do we know where to stop?  This applies, as well, for Federal employees and U.S. Postal workers who are preparing a Federal Disability Retirement application, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset.

Often not knowing all the current laws that govern Federal Disability Retirement Law, the initiating applicant will proceed forth and barrel ahead like Military men and women and born leaders, without first consulting a lawyer who is knowledgeable about OPM Disability Retirement Law.  For, never underestimate the underlying principles behind questions posed on a Federal Disability Retirement application – especially as it relates to one’s medical condition and the impact upon one’s ability and capacity to perform the essential elements of one’s official position.

SF 3112A can be a landmine of sorts, and while it is well and good to proceed in a forthright and affirmative manner, it is equally as important in knowing where to stop, as it is in realizing the direction the Federal or Postal employee must go in order to file an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: “Oh, can I help?”

It is the grammatical interjection or discourse marker; in either usage, it is in response to some new or surprising information received.  Thus do we often encounter that individual (we all know of at least one) who, sitting silently, idly and unnoticed throughout, suddenly perks up after all (or most) of the work has been done – whether in preparation of a meal; cleaning up after the dinner party; or where the main elements of a project have just been completed.  And the uninvited interjection:  “Oh, can I help?”

There may even be a hint of clever knowingness in the eyes emanating from that query – of a challenge and defiance, to dare one to question the sincerity of the offer, even when the history of that singular uniqueness has many times over manifested a consistency of never having acted upon the discourse marker.

Yet, we are required to graciously accept it as sincere, and to respond with resignation that, No, there is nothing more to do, but Thank You for the offer, anyway.  For, we all know that the test of sincerity is not words upon words, but rather, that individual who, without uttering a single word, gets up and acts, and engages, participates, contributes and embraces with nary a muttering.  It is the pause between the utterance and the action that makes all of the difference, in common discourse as well as in everyday lives.

There are many, many people who interject with the “Oh, can I help?” but fewer still who act without words unnecessary and unappreciated because of humility in silence.

It is that chasm between word and act, utterance and initiation, a cocoon existence in the silence of one’s thoughts and the breach of entrance into the objective world around – or, for Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management:  the gap between the suffering silence of a medical condition and taking that step in preparing an effective Federal Disability Retirement application, which can be an administrative process that can take many months, and sometimes years.

It is well and good for the individual who consistently utilizes the discourse marker to avoid entanglement in undesirable projects, but when it begins to harm one’s own interests, then it is time to not merely utter a sentence, but to prevail upon the world and act upon the need.

For the Federal employee or U.S. Postal worker who, because of a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, can no longer continue in the career or vocation of choice, the grammatical interjection of, “Oh, can I help?” should immediately be followed with initiating the steps necessary to secure one’s Federal Disability Retirement application, by making inquiries with a lawyer who has experience in Federal Disability Retirement law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The expected party

It is the emptiness and void of what could have been, or even should have been; of regrets untold and remorse unuttered.

Whether for a special celebration marking a person’s birthday or an event of magnified relevance; or a turning point in a person’s life – of a 10th anniversary, exceeding expectations of mortality, in waiting, or perhaps a common achievement by others in everyday living but for handicaps and disabilities that make it challenging to meet; whatever the event, the party never thrown for it magnifies a negation of recognition, and like a pinprick into the heart and soul of a person’s life, it deflates the very essence of joy.

“Oh, it would have been nice to—” but the person is gone, and hears not the sudden want and desire of recognition.  “It’s too bad we didn’t get together and—” except that the inaction following the time of relevance has long passed, and it is such actions which derive the sincerity of words spoken, otherwise mere empty vessels of utterances without meaning or purpose.

Most can justify and minimize, and instead replace such statements of regretful remorse with offensive parries, as in:  “Oh, she wouldn’t have appreciated it, anyway”, or the kicker – “He didn’t like those things.”  But that is not the point.  The party never thrown is not merely a negation of recognition earned, but a window into the heart of those who never truly cared in the first place.

Words are cheap and can be bandied about and flaunted endlessly without consequence of actions; but the negation of that which should have been, and could have been initiated but for want of selfless endeavor, is a missing slice of life that can never be replaced.  That is, unfortunately, what is often left behind during the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The recognition of past contributions is suddenly no more; that party which “might” have been considered, is no longer; and suddenly the ‘golden boy or girl’ who could do no wrong, is the pariah, the dead-weight in the office, and the continuing drag upon the agency’s mission.

Whether the agency or the U.S. Postal Service will ‘support’ the Federal or Postal worker’s Federal Disability Retirement application, and the unstated or concealed reasons for such support – to ‘get rid’ of the dead-weight, as opposed to showing some empathy; or to have that position filled by someone ‘more productive‘, is beside the point.

It matters not the why or even the ‘if’; for, whatever the underlying reasoning, don’t expect to received that recognition you once never sought but always seemed to get.  For, in the end, the Federal or Postal employee filing for Federal Disability Retirement benefits, to be submitted through one’s agency, then on to the U.S. Office of Personnel Management, will know one’s ‘true friends’ and sincere coworkers, by the party never thrown.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The party never thrown

It is the emptiness and void of what could have been, or even should have been; of regrets untold and remorse unuttered.

Whether for a special celebration marking a person’s birthday or an event of magnified relevance; or a turning point in a person’s life – of a 10th anniversary, exceeding expectations of mortality, in waiting, or perhaps a common achievement by others in everyday living but for handicaps and disabilities that make it challenging to meet; whatever the event, the party never thrown for it magnifies a negation of recognition, and like a pinprick into the heart and soul of a person’s life, it deflates the very essence of joy.

“Oh, it would have been nice to—” but the person is gone, and hears not the sudden want and desire of recognition.  “It’s too bad we didn’t get together and—” except that the inaction following the time of relevance has long passed, and it is such actions which derive the sincerity of words spoken, otherwise mere empty vessels of utterances without meaning or purpose.

Most can justify and minimize, and instead replace such statements of regretful remorse with offensive parries, as in:  “Oh, she wouldn’t have appreciated it, anyway”, or the kicker – “He didn’t like those things.”  But that is not the point.  The party never thrown is not merely a negation of recognition earned, but a window into the heart of those who never truly cared in the first place.

Words are cheap and can be bandied about and flaunted endlessly without consequence of actions; but the negation of that which should have been, and could have been initiated but for want of selfless endeavor, is a missing slice of life that can never be replaced.  That is, unfortunately, what is often left behind during the process of preparing, formulating and filing a Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The recognition of past contributions is suddenly no more; that party which “might” have been considered, is no longer; and suddenly the ‘golden boy or girl’ who could do no wrong, is the pariah, the dead-weight in the office, and the continuing drag upon the agency’s mission.

Whether the agency or the U.S. Postal Service will ‘support’ the Federal or Postal worker’s Federal Disability Retirement application, and the unstated or concealed reasons for such support – to ‘get rid’ of the dead-weight, as opposed to showing some empathy; or to have that position filled by someone ‘more productive‘, is beside the point.

It matters not the why or even the ‘if’; for, whatever the underlying reasoning, don’t expect to received that recognition you once never sought but always seemed to get.  For, in the end, the Federal or Postal employee filing for Federal Disability Retirement benefits, to be submitted through one’s agency, then on to the U.S. Office of Personnel Management, will know one’s ‘true friends’ and sincere coworkers, by the party never thrown.

Sincerely,

Robert R. McGill, Esquire