Tag Archives: legal assistance from usps disability attorney

Federal Employee Medical Retirement: The Calendar

It rules every day and moment of our lives; yet, we feel out of synch with it, like the rip tide which pulls against the direction you wish to swim towards.

Every now and again, we read about more primitive societies who once possessed a biological affinity to the world around; but within the concrete jungle — or jumble — of technology and civilization’s dominance by construction, we have lost any sense of that.

And so we look out through the window at the stars and the moon, however dimly and distant they appear, misted (or misled) and obscured by the noise and artificial lights surrounding, and allow our lives to be controlled by the calendar of activities: Of chores to be done; of work to be accomplished; of deadlines to be met.

But that the full moon makes wildlife still a bit “off”, whether we believe in such mythologies of antiquated misgivings; but we take no notice.  Whether the baying of a dog during a full moon, or of skittish horses in the wild; no, it is the calendar which obscures, dominates, overrides it all.

For Federal employees and U.S. Postal workers suffering from a medical condition, preventing the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal job — the most important notation on your calendar is the one for medical appointments and treatment modalities.  But you may have already exhausted your available leave and your agency won’t allow you to take LWOP anymore.

You probably need to file for Federal Disability Retirement under FERS, through the U.S. Office of Personnel Management.  Put the notation in your calendar: Contact a disability attorney who specializes in Federal Disability Retirement Law, and don’t let the moon lead you to howl in despair; after all, it’s the calendar which makes us do it.

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: The Forever Tomorrow

We can always fool ourselves by talking about tomorrow.  For, today has a tomorrow, and tomorrow has a tomorrow, and the day after also has a tomorrow.  That is the great thing about a language game encompassing future concepts of indeterminate future tenses — they can go on forever without a pause.

We can say to ourselves, “I will take care of that tomorrow”; and when tomorrow arrives, the same can be said again, and each time it is stated, it protects itself in an intimate, cozy cocoon because “tomorrow” is always nearby.  And though the delay and procrastination may become extended over a period of months, or even years, so long as we say to ourselves, “Well, I will attend to it tomorrow”, or that things will change for the better “tomorrow”, that closeness in proximity and time articulated by the concept of an event so near to today is what delays any actions or solves any problem based upon an eternal delay in the linguistic deception contained within the concept of tomorrow.

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, consider that tomorrow is the thief of today’s life, and yesterday is the looted loss of precious time.  If you need to file for Federal Disability Retirement benefits, also known as OPM Disability Retirement, forego the forever of tomorrow, and call a FERS Disability Retirement Lawyer today.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Who I Am & Who Am I

One is a question; the other, a declarative statement.  The latter of a more subjective nature; the former, perhaps a composite of observations by third parties together with self analysis.  Both must begin with a query — of analyzing a statement “about” myself, through others who are well-known as well as of opinions rendered and judgments passed by acquaintances and passersby strangers barely acknowledged.

“Who I am” is often answered in response to a preceding query by a third party: “Who are you?”  It might be answered with fairly objective and short statements which are incontestable: I am X’s brother in-law; I am the husband of Y; “Oh, I am Sarah’s father” (in response to Sarah’s classmate who sees you standing outside of the classroom); or, “I am nobody”.  This last statement, of course, has implications well beyond being an unresponsive nullity; for, it goes to the heart of one’s own assessment of one’s self, one’s consequential impact upon the limited universe of one’s role, and the very essence of an ego left abandoned.

The other — Who Am I — is often followed by the grammatical punctuation of a question mark.  It is often a self-reflective query — one which causes a pause, a momentary furrowing of eyebrows raised, and then a regrouping of having just previously been taken aback by a question which stabs too closely to the essence of one’s being.  Perhaps a soliloquy follows.  One will normally cast the question off with a shrug and answer the self-query with, “I am X” and then move on to take out the garbage, watch a movie, see a documentary or engage in what Heidegger refers to as an activity which allows us to forget our mortality.

Will the question inevitably haunt us and force us into facing ourselves at some point in our lives?  Perhaps.  Can we avoid the question entirely?  Maybe.  It is the former, asked by others, which fails to have the force of the latter, and merely because of the placement and substitution of positions of the two words after the “Who” that makes all of the difference.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must face the prospect of facing the question, “Who I am” in reference to one’s position and role in the workplace, it is often the medical condition itself which prompts the second, more incisive query of “Who Am I?”

Does a medical condition define a person?  Certainly, the Agency or the Postal Service makes it the primary issue by questioning one’s competence or capabilities based upon your condition.  Both questions go to the heart of the issue in a Federal Disability Retirement application; for, in the end, the Federal Agency and the Postal Service treat both questions with a foregone conclusion of an answer: You are Nobody if you are no longer part of the “Mission”, and that is why filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS: Revisiting Updike

He wrote about mundane things; of middle class neighborhoods, Pennsylvania towns in which he grew up; farmlands before strip malls replaced them against the skyline of cornfield rows; and of affairs that grew naturally out of a revolution emancipated from the Sixties; of quiet sufferings and the rhythmic monotony of ordinary lives.

John Updike was an “in-betweener” — too young to fight in WWII, too old to have been drafter for the Vietnam debacle; and so he experienced the quietude and normalcy in between the two bookends of this country’s tumult and trials.

Updike was a voice for generations who saw the post-war era, of baby-boomers and American prosperity at its zenith; of the loss of any normative confluence of moral dictum and the abandonment of constraints once imposed by Protestantism.  All, of course, with a twinkle in his eye and a ready smile.  The Internet abounds with photographs of this uniquely American author — almost all with that thin smile as if he was about to share a private joke.

The Tetralogy of the Rabbit novels (actually a quintet if you include the last of the series, a novella entitled “Rabbit Remembered”) evinces a country gone soft after the harsh period of the Great Depression, the Second World War, the Korean conflict and the Vietnam era that undermined the ethical mandates known for generations before, unleashing a liberty of hidden sins like a bubbling cauldron of untamed desires.  But in the end, he is best known for the mundane, the ordinary, and how life in the suburbs of a prosperous nation left an emptiness unspeakable except by a voice given in narrative brilliance, from an author who was a regular contributor to The New Yorker.

Somehow, he made the ordinary seem exciting, even relevant.  By contrast, modernity has focused upon the rich and famous, and of greater unreachable glamour where perfection surpasses pragmatism.  Updike was able to make the commonplace seem important, the ordinary appear significant and the monotony of the mundane as not merely prosaic.  And isn’t that all that we seek, in the end?

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 loss of relevance, the ordinary and the commonplace is what often scares the Federal or Postal employee.

The job itself; the career; the monotonous routine of going to work, yet finding relevance in the act of “making a living” — these were all taken for granted in Updike’s short stories.  That other stuff — of infidelities and dalliances — were a deviation that Updike tried to point out as mere fluff in otherwise ordinary lives; and of medical conditions, they upend and disrupt the normalcy we all crave.

Federal Disability Retirement is a means to an end — of bringing back balance within a life that has become disrupted, but it is a way to bring back order where disruption to the mundane has left behind a trail of chaos.  And to that, the twinkle in Updike’s eyes and the thin smile would tell us that he would approve of such a move which will return you back to a life of mundane normalcy.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those intersecting connections

We hear all the time about the shrinking world, the smaller universe, the global village – all metaphors to help and understand, to comprehend and be able to withstand within the insanity of a world that continues to intrude, intersect and impose itself upon every corner and aspect of lives lived and daily interrupted.  It is a way for people to cope with the fact that we can no longer avoid the reality of those intersecting connections from worlds, cultures and universes that make up the daily reality of our walking lives.

The newspapers globalize each and every issue; the television and cable news outlets care little for local news unless it, too has some national consequences; and so we live with the anomaly that the only time you might hear about your own hometown is if some horrific event occurs that other people in other towns might care about.  And, even when a story is reported about an event that occurs just around the corner from the news station, headquarters or whatever manner of identifying the central place where all of the equipment, studios and personnel gather to emit their airwaves of newsfeeds, they act as if it is occurring in some distant county or country, with perhaps a bit of weeping as an afterthought with a statement like, “And it makes it all the worse because it happened just in our own neighborhood!”

The world is indeed one comprised of intersecting connections, and we voluntarily allow for those connections to make our own perspectives molded into “theirs” by inviting various cable channels into our living rooms.  Do we really have a choice?  Can we just remain ignorant and ignore the reality of the global economy, the extended village and the universal concerns of the day?  How do we live with the complexities of intersecting connections, when we can barely deal with the local problems that beset us within the cocoon of our own lives?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the daily ability and capacity to perform all of the essential elements of the Federal or Postal job, the microcosm of intersecting connections may well be magnified to a level where it competes with what is occurring on a more global scale.

Suddenly, the Federal Agency is moving to put pressure on you – like those competing foreign companies you hear about in the world economy.  Or, the Supervisor is no longer being cordial – somewhat like the world leader who doesn’t return calls to the President.  Coworkers no longer treat you as an equal – like nations that suddenly go rogue without explanation.  You have to file a complaint – like submitting to a U.N. vote for sanctions.

We have all been groomed and prepared to think in terms of intersecting connections, but for the Federal and Postal employee who suffers from a medical condition such that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity, it all comes back to a more local and personal connection: one’s health, and the need to focus upon one’s personal life.

No matter how global the world has become, never forget that it is the personal life of close connections that really only matters in the end.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Reference points

They are the connections by which a society maintains a fabric of commonality, whether by myths, narrations of stories handed down, religious knowledge or books and movies.  It used to be that the “Good Book” was the mainstay of the reference points, so that when a person referred to having “eaten the apple”, for a simple example, one immediately knew that the reference points between a sin committed and the origin of that sin had a commonality within a woven fabric of a community’s awareness.

Similarly, people used to refer to books – of classics and works which were generally read and assumed, and when a person made a literary reference in the course of a conversation, it was not to be presumptuous of one’s education or knowledge, but as a “reaching out” in order to establish a membership in the fabric of the greater community.  The expansion of choices, the division of classes within a society, and the fraying of that greater fabric of a society’s common interests – they are all indications of a disintegrating civilization.

Reference points were once assumed; today, they have become rarer; and as the younger generation moves on in concentric circles of technological advancement that become lost in the self-absorption of self-promoting images on Internet-based social forums, so reference points become less common except within the self-contained genres of Facebook, Instagram and Twitter feeds.

Of course, there have always been problems with various reference points – one being the reference point of a medical condition.  For, a person with a medical condition has the private reference point of pain and suffering, and the long stays at a hospital, or the constant visits to the doctor’s office – reference points that few at the office ask about, let alone know about in any detail that would bring about any sense of empathy.

Federal employees and U.S. Postal workers are often the greater culprits of maintaining private reference points, because they continue to push themselves through the pain and agony of a medical condition without complaining, and so there is very little reference point by which coworkers can offer sympathy, empathy or any help at all.

Fortunately, 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, does not need any reference points, other than the legal criteria by which one must meet the eligibility reference point.  For, ultimately, the final reference point that the Federal or Postal worker needs, in order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the one that establishes that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, and that is the only reference point that matters.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Disability: The constant fight against the negative

There are different ages in different times, designated by the dominance of one entity over another. Thus do we refer to the “Age of Dinosaurs”, or the “Ice Age”; the Age of Feudal Lords; the Age of Man, of course, is a general aegis under which everything falls, once the four-peddling quadrant of living beings became dominated by the bi-pedaling progenitor of carnivorous over-consumption that prevails from time immemorial to the present “age”.

Modernity had now become the “age of therapy”, where somehow psychiatry and therapeutic intervention has come to dominate the basic necessities of life.  Perhaps that is appropriate, as the daily stresses that govern the requirements of survival have mandated a vicious cycle of inestimable pain, both in terms of physical deterioration and cognitive dissonance, by placing an intolerable level of stresses upon daily living.

It is this constant fight against the negative that we are told, holds the key to a “happier” life.  Can change in perspective, of outlook and viewpoint, simply by inserting “positive” language games into the daily soliloquy of internal voices make such a difference?  If language were non-existent, and we became a species of grunts and grumbling noises (which, if you pause and listen around you, comprises much of what passes off as “conversation”, anyway), would we be anymore “positive” than what we are today?

What if the human vocabulary were to be reduced to only positive declaratives and adjectives that only revealed “good” things – would such expunging of negative concepts result in the net effect of everyone “feeling good”?  Or, does “feeling” precede language, such that one can be negative in one’s essence before expression of that negativity, such that thoughts are merely the natural consequence of a state of negativity, anyway?

Medical conditions tend to make liars of us all; for, we can go through life imagining that we are somehow the “exception”, and those “others” who are beset with medical conditions did something “wrong” to have been hit with a medical condition – until it happens to us, as well.  Suddenly, with the reality of pain, suffering, and the general human condition of illness, sickness and debilitating injury, we realize our mortality, our susceptibility to a viral plague, and our fragile existence.  How others view us also changes.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the constant fight against the negative become a daily struggle that often takes its toll, preparing an effective 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, may become a necessary next step in such a daily struggle.

The constant fight against the negative, itself, will have its impact, and it may be that the combination of the medical condition, the adversity shown by the Federal agency or Postal facility, and the negative internal thoughts that insidiously devalue and destroy, will come to a coalescence of intolerable stress.  When that happens, it is time to consider filing for Federal Disability Retirement benefits, to be filed with the U.S. Office of Personnel Management, as another step in the constant fight against the negative.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Terms

Language is a malleable vehicle.  There have been times in the history of language, when the staid and stodginess period of loss of vibrancy became the rule, followed by epochs of radical vicissitudes, upheavals and counter-conventional revolutions in the medium of language games.  Whether this encapsulated slice of linguistic alteration, upending traditional forms of communication because of electronic media and the hype of language abbreviated by Twitter, Texting and Tablet Titillations, will last the short life of technological innovation and obsolescence, is yet to be determined.

For example, the time of Shakespeare’s linguistic explosion of experimentation and expansive usage became in retrospect a richness of entering into connotative language meanings from which we benefit to this day.  But steadiness, continuity and conditions of stability are also important in order to take the proverbial breather to accept, embrace and assimilate (a term widely used for contextual purposes in modernity applied to immigration reform, as well) the linguistic revolutions that become incommensurate with meaning, communication and conveyance of terms.

Terms are important, both in common usage and in technical application.  In the arena of Federal Disability Retirement Law, different words are splayed about, sometimes without regard to proper application, especially when the “law” often requires a greater attention to precision of meaning.  Some simple and common crossovers of linguistic confusion involve:  “medical retirement” and “disability retirement” – do they mean the same thing?

If reference to either term involves the submission for an early retirement to the U.S. Office of Personnel Management, then the answer is “yes”, they do mean the same thing.  Federal Disability  Retirement is identical to “Federal medical retirement” if by such words the query is referring to filing for an early retirement based upon the Federal or Postal worker’s inability to perform one or more of the essential elements of one’s Federal or Postal position, and therefore the intention is to access an early annuity because of one’s early retirement based upon the medical condition, and submitted to the U.S. Office of Personnel Management.

Some other terms often confused or conflated:  “On-the-job injury” or “pre-existing condition”; these terms are often used in the language-arena of Worker’s Compensation issues, and rarely have any import – or applicability, at all – in the context of a Federal Disability Retirement application.  For, in a Federal Disability Retirement application, whether the applicant is under FERS, CSRS or CSRS Offset, it matters not whether or not one has been disabled “on the job” or away at a skiing accident; instead, what is important is the impact of the injury or disease upon one’s ability and capacity to perform the essential elements of one’s Federal or Postal position.  As for a “pre-existing” condition – that, too, is more likely appropriately defined in an OWCP context, and rarely in filing a Federal Disability Retirement application.

In any event, “terms” are meant to be used within a context-appropriate content of filings, and in preparing, formulating and filing an effective Federal Disability Retirement application, it is important to clarify and conform to the applicable statutory mandates in defining and using the terms which are most appropriate and effective.

For, in the end, the explosion of language during the era of Shakespeare and the Elizabethan Age reverberates with critical linguistic richness to this day; yet, if we were to have a conversation with a bloke from that era, the terms employed would not only confuse us, but confound us with a profound sense of despairing lack of cogency despite our self-aggrandizing declarations of superiority and advancement in the modern parlance of greater self-esteem.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Long Goodbye

The relegation to the basement office; the loss of niceties with coworkers; the negation of superlatives from higher ups; the clues become overt, blatant and uninviting.  Long goodbyes are often fertile ground for the souring of relationships forged over decades, and human interactions which reveal a perversity once thought uncommon.  Does the past count for anything, anymore?

Medical conditions and their impact are meant to evoke empathetic responses; instead, they often bring out the worst in humanity.  For Federal agencies and the U.S. Postal Service, they portend of headaches and interruption of efficiency; they are a bother.  For the Federal employee and the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the growing absences, the need to attend to one’s medical conditions — all become the priority of life and living.

From the agency’s viewpoint, it is a malignancy of logistical magnitude; another problem to be solved; and the longer the goodbye, the greater the extenuating interruption.  It is this clash of interests which calls for resolution.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether one is under FERS, CSRS or CSRS Offset, is an indicator to the agency that there is an end in sight, and once filed, it is merely a waiting game before finality of decisions is reached.  Often, the mere filing relieves the increasing pressure felt, like the encasement of boiling water which needs an outlet.

Medical conditions often require a long journey of sorts; it is the long goodbye which makes it all the more evident.

Sincerely,

Robert R. McGill, Esquire