Tag Archives: legal assistance usps medical retirement lawyer

FERS Medical Disability Retirement from OPM: Meaning

There are singular meanings, in words of individuation, separate and apart from conceptual, compound meanings; of phrases, some which may be comprised of various interpretive constructs; of entire sentences, with subsets of meanings; then of a narrative as a whole, where there may exist a wider, perhaps more “universal” meaning.

Does it exist independently of the person with whom it is encountered?  This brings up the 60s sense of Zen-ness — of whether, if a tree falls in the middle of a forest without someone to witness it, did it make a sound?  Of course, one can transpose one’s imagination and argue that there are squirrels and other living beings who would have, might have, likely did, hear the tree falling; or even of the lush plants, trees and other fauna which apparently have the capacity for memory.

It is then, the problem which Kant brought to the fore in his philosophical analysis — of the structural input we provide with out encounter with Being, where we as humans bring meaning to the encountered objective universe.

For Federal employees and U.S. Postal workers who suffer from an injury or disease and where the injury or disease impacts the ability and capacity to continue in your choice of careers, contemplation of filing for Federal Disability Retirement benefits through the Office of Personnel Management, under FERS, is a serious step towards “switching” the meaningful apparatus of your life.

In order to prepare an effective and meaningful application for Disability Retirement as possible, you may want to contact an experienced attorney who specializes in Federal Disability Retirement Law; for, in the end, it is only for a meaningful endeavor which allows us to continue down a path of meaning.

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.

 

Office of Personnel Management (OPM) Disability Retirement Benefits: Troubles to Avoid

Is it better to live life ready to confront every trouble encountered, realized or yet in a state of potentiality?  Or, is it wiser to avoid troubles entirely — you know, that person who, at the first sign of trouble, slinks off into the void of anonymity never to be seen or heard from again, until the trouble is solved or resolves itself?

Or, is “discretion the better part of valor”, as a proverb would see it — where, judgment in tackling certain kinds of trouble, while avoiding others, is what constitutes “wisdom”?

In a Federal Disability Retirement case, there are multiple problems and issues to resolve involving the Agency or the Postal Service; of the “proof” necessary to meet the eligibility criteria; of agency actions which may or may not impact one’s Federal Disability Retirement application and the persuasive evidence needed to confront OPM in the event of a denial from the U.S. Office of Personnel Management.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider how important it is to retain counsel who will see you through the bureaucratic morass which a Federal Disability Retirement application under FERS must undergo, and always involving what troubles to confront, and what troubles to avoid — and how.

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 Disability Retirement for Federal & Postal Workers: The Argument

When does a “discussion” turn into an “argument”?  Of course, the difference and distinction is sometimes a matter of perspective.  Tone, tenor and even facial expressions can certainly influence whether an exchange is a discussion or an argument.  The raising of voices, the mannerism of the participants — listening to two people on radio speaking about a subject can also alter the listener’s perspective concerning the distinction.

The word itself — “argument” — of course, can have different meanings.  Some people prefer the usage of a euphemism — that “so-and-so had a heated discussion”, as opposed to describing it as an argument.  Friends often employ such terminology after the fact in order to blunt the effect of any discord which may have arisen.

One can “advance an argument” without raising one’s voice, but a spousal argument normally involves a heated exchange.  A meandering discussion can be interrupted in order to re-focus the exchange, with the admonition of, “What is the argument you are making?”  Or, in a debate, the moderator will often intercede and pointedly ask, “So, would you please clarify your argument?”

For Federal employees and U.S. Postal workers who are attempting to obtain Federal Disability Retirement benefits from the U.S. Office of Personnel Management, there is the “main” argument of the case — that you are medically unable to perform one or more of the essential elements of your job — but then, there are multiple and complex other “sub-arguments” which must be made (e.g., issues concerning performance, accommodations, sufficiency of medical evidence, etc.).

You need to sharpen your arguments, streamline them and make sure that, first and foremost, you know what all of the issues are to begin with.

Contact a FERS Disability Attorney who knows not only the legal arguments to advance, but the “discussions” which must be addressed — even if it gets somewhat “heated”.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Coils of Hardship

That is often how it feels; of the coils, whether of a spring, of wires, or copper, or even of a rattlesnake that coils; it is the bundling up, the tightening, of energy or anxiousness curling upon itself until the release becomes inevitable.  Hardships and difficult times feel like that; like coils that keep circling upon itself until — like a spring that is compressed together and suddenly let go, the energy released is of an unfathomable force that cannot be mitigated.

Life is difficult and challenging as it is, without the outer world concomitantly crumbling around us.  Whether of financial difficulties, of career problems, of medical conditions that intervene and interrupt — the coils of hardship come upon us without warning or predictability.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to perform the essential elements of one’s Federal or Postal job, the coils of hardships tend to wrap around tighter and tighter: From dealing with the medical condition itself, then with the unreasonable demands of the Federal Agency or the Postal Service; to the profound fatigue felt by the end of each week because of the conflict between the medical condition and the demands of the job, etc.

It may be time to consider filing for Federal Disability Retirement benefits under FERS.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law and consider the options available.  It may unfurl the coils of hardship and allow for the release of energies otherwise needing to be relieved.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Keeping it all together

It is hard enough to keep things together without those “extras” impeding, interrupting and infringing upon one’s time.  Then, when that proverbial “straw that broke the camel’s back” is placed before us, a sense of doom and gloom (another trite, overused and ineffective phrase that is applied as a euphemism to conceal the crisis-point of our existence) pervades and blankets, like the undisturbed blanket of snow covering the desolate fields of an abandoned farm.

We say to ourselves, “Well, if I can make it to the weekend, I will be able to rest and recuperate” — unless, of course, it is Monday morning, or even Tuesday, and the “weekend” seems like an eternity away.

This is a stressful world.  The very busy-ness of life; of the daily demands placed upon the psyche — even of those stresses we don’t even notice, of impinging and daily overload of factors whirling about us; traffic; news; information from emails and other Internet demands; and then there is the question as to how many other people around us, unknown to us, are barely themselves “keeping it all together”.

We live lives of pressure-cookers; whether the top explodes or not is barely a matter of thin lines and close calls.  Then, when a medical condition intervenes, it is as if the excuse to keeping it all together disappears — precisely because the very foundations for the reason to continue as always have all of a sudden disappeared.  Medical conditions shake the foundation of one’s existence: What is this all about? Why am I killing myself doing this, when the stress of this life merely exacerbates the destructive force of the medical condition itself?

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 ability of “keeping it all together” often falls apart when it finally becomes apparent that the price one must pay just to maintain a facade and semblance of “keeping it all together” is too high.

Filing for Federal Disability Retirement benefits is an option to consider. Consult with a FERS Attorney to discuss the viability of your case, and then take the advice into consideration in the ongoing effort of keeping it all together.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Artemis for Our Age

Perhaps the most venerated of the Greek deities; but why?  As protector of young girls, the Greek mythological figure is always associated with the hunt, carrying with her a bow and arrow, accompanied by a loyal deer; is it chastity and fidelity that make her so attractive?  Do we have an Artemis for our Age — someone whom we can look up to, to feel the warmth of love and pure presence, if only to provide comfort in times of turmoil?

We give lip-service to terms like “community” and how it “takes a village” to bring up a child; of the importance of “family” and “family-values”; and yet….  When words are merely utterances without an action to follow, do they ring as hollow as the sound of an echo in a dark cave where no one can hear?  Is it because we have become so cynical in modernity that we cannot fathom an Artemis for our Age?  Does believability depend upon ignorance, and does ignorance result in the greater bliss where faith and happiness can coexists despite the dreary conditions of daily existence?  Did Greek Mythology develop because of a need for human beings to explain the anomalies of the universe, and was it science that destroyed the structure of such paradigms?

Without an Artemis for our Age, the promise of creativity in the innocence of childhoods yearning for something more than the reality of daily existence becomes a mere hope without even the scent of faith.

For Federal employees and U.S. Postal workers who are seeking to file for Federal Disability Retirement benefits under FERS, the ugliness which develops in the very process of such seeking is often what destroys any faith in an institution.  Medical conditions, once revealed, tend to bring out the worst in agencies: Suddenly, “loyalty” is no longer a concept discoverable; “empathy” is a far cry from reality; and “accommodation” becomes a foreign concept even when there are laws to try and protect it.

The Artemis for our Age has simply become the use of laws as the weapon to wield; and when a Federal employee needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, legal representation is what forces the Agency and OPM to comply with the law, and that is about as close as we can get to in finding an Artemis for our Age.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Pleasure & the ascetic

The two concepts are often thought to be antithetical, from opposing philosophical frameworks and inconsistent in their expending of energies to achieve.  Of the latter, it connotes self-discipline and an aversion, if not outright refusal and avoidance, of any indulgences that are implied by the former.  The former, of course, is what most of us strive for — if not openly, then surreptitiously while denying that it is one’s singular goal.

Pleasure in its excesses can be harmful, of course, just as too much of anything can lead to self-immolation through abundance and gluttony.  Both, however, have something in common: they are like two sides of the same coin, where life doesn’t allow for the existence of one without the recognition of the other.

Thus: Being cannot be distinguished without Nothingness (e.g., it is because there is the “nothingness” of space between the bookshelf and the wall that you can differentiate between the two entities); life cannot be identified without its opposite —death, or inertness; wealth is created in contradistinction to poverty, or lack thereof; a smile can be recognized, but so can a frown; and so forth and so on.

What the ascetic fails to realize is that the extreme of self-indulgence in striving for pleasurable activities need not be the only methodology of interacting with this world; there are more moderate ways of living than the pure rejection of all pleasure.  Conversely, the one who strives only for pleasure — i.e., pleasure as the sole motivator in one’s life and goal-seeking — fails to realize that its corollary — pain — is a necessary posit, and if not rearing its ugly head presently, will do so sometime in the near future.

Pain is an existential reality of life, just as pleasure is the rare interlude that we all seek, and it is the ascetic who has realized that life’s pleasurable moments will often follow with a period of pain, as the reason why some seek to limit the pain by denying all pleasure.  That is why monastic orders come into being, and why Zen Buddhism founds its roots in the denial of reality in order to deal with pain — all because pleasure could not be ultimately achieved without the pain that accompanies.

That is the reality that Federal and Postal employees come to realize when a medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job.  Suddenly, those “pleasures” that were once taken for granted — of a health body; of a mind that has focus, concentration, and mental acuity to multi-task on a daily, sustained basis — begin to wither and wane.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may become a necessity, and when one is forced to take that necessary step, it may be a good idea to consult with an attorney who specializes in Federal Disability Retirement Law.

For, in the end, neither pleasure nor the ascetic have grasped the true point of living a worthwhile life; as worth is determined by the priorities ones sets in the course of existing, one’s health should thus be a major element to achieve within every web of goals set, whether in striving for pleasure or regarding the ascetic who renounced it for the sake of a mistaken belief.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Service: The cultural compass

The aggregate of knowledge as amassed by any given society does not constitute a unique culture, identifiable as distinct from all others; otherwise, as general knowledge is disseminated throughout and across national and international zones of distinguishing features, all cultures would remain the same.  Culture precedes knowledge, and is the driving force which specifies the direction of it.  The relevance; the choice between what is accepted and subsumed; the normative constraints and demarcations which preserve the very distinctiveness of any given culture; these are what focuses the idiosyncrasies of the preserve.

One may query, as in the question, Which came first, the chicken or the egg?  But that is a nonsensical approach to any such issue; for, the answer is that, in the prefatory phase of cultural origination, when language and analysis did not necessitate a reflection upon the loss of either culture or knowledge, there was a symbiotic relationship where each fed into the other and enhanced in a self-reflective manner; it is only in this time of modernity, when an evaluation of the loss and destruction of culture is occurring, that such a question is even posited.

An addendum observation to be made, of course, is that information does not constitute knowledge, and thus cannot define the distinctiveness of a culture.  All cultures retain and accumulate information; some cultures have been able to preserve distinctive knowledge; the ones which rely merely upon the aggregate of the former are fast becoming extinct and subsumed by the juggernaut of the Internet, where lines of distinguishable features become lost in the widening chasm of the vacuum void; it is only the remaining enclaves that recognize the importance of the latter which will survive in this Brave New World of Huxley’s predictable outcome.

Federal employees and U.S. Postal workers, of course, understand full well the uniqueness of their own “culture”; for, the bureaucracy of service, in an industry which looks after the protection of the country, providing for administrative, regulatory and social services throughout the nation; of the receipt and delivery of letters, parcels and packages throughout the country and beyond; it is, in the end, a unique subculture within the greater society of the country.

And it retains and applies a distinctive set of knowledge, disconnected in many ways from the rest of society, and thus comprises a definitive “culture”.  But even such a subculture can lose its “cultural compass”, and this can be seen when a fellow worker, whether a Federal employee or a U.S. Postal worker, begins to suffer from a medical condition, such that the medical condition leads to the necessity of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

That is when the “ugliness” of a culture uniquely identified can come to the fore, and reveal its inner nature of wickedness.  When fellow support fails to empathize; when coworkers turn on each other; when supervisors begin to harass and demean; such behavior tends to denigrate the entirety of a cultural compass which has lost its way, and preparing, formulating and filing a Federal Disability Retirement application, submitted ultimately to OPM, is a way not of preserving the cultural compass left behind, but recognizing that the direction pointed had gone awry, and corrective action necessitated a reorientation of leaving behind the twilight of past darkness, and into a dawn of greater opportunities.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: The Disadvantage of the I-Thou Perspective

People tend to expect the best results; and when a Federal or Postal employee files for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the applicant who is unrepresented and prepares, formulates and files the Federal Disability Retirement packet on his or her own believes that an approval is forthcoming at the First Stage of the Process.  Yet, often unaware and unbeknownst to the Federal or Postal applicant, the lack of separation between the I-Thou construct fails to provide a proper perspective of objectivity.

Allow me to expand and explain:  As the Federal or Postal employee who experiences the medical condition (the “I”) is the same person who prepares, formulates and files the Medical Retirement application (the “thou” from the perspective of the U.S. Office of Personnel Management), any sense of objectivity is often lost because the I and the Thou are one and the same person, and the Federal or Postal employee who experiences the medical condition is simultaneously the same one who is seeking an approval of the OPM Disability Retirement application.

Of course, that same scenario is repeated even if the application is filed through a Federal Disability lawyer (in the sense that the Federal or Postal employee still seeks to obtain an approval from OPM) with one major exception:  there is another “thou” perspective included and involved — that of the Federal lawyer representing the Federal or Postal employee who is seeking to have a Federal Disability Retirement application approved.

Objectivity is a crucial component of a Federal Disability Retirement application; that is why so many “silly” mistakes are injuriously embraced without self-knowledge or with disengaged awareness.  It is like the cook who loved the taste of arsenic, and thought that everyone else should as well; and so he sprinkled the deadly poison onto his own food and enjoyed the taste of his own creation, only to slowly die from the feed of his own foolishness.

There are many “kinds” in the arena of foolish endeavors:  There is the “quantitative approach” (“I sent them thousands of pages of treatment records”) which fails to ask the question, Who will read it all?  There is the “trusting soul”:  “I just signed a release and had them send it all directly to my Human Resource Office”.  Then, there is the person of naive disbelief:  “How could they not approve it with the medical conditions I suffer from?”

The problem with all of these is the lack of objective perspective; the I-Thou connection is now given the distance, separateness and objectivity necessary to determine the viability and effectiveness of each and every piece of the puzzle needed to put together a proper Federal Disability Retirement application.  Are there ever any guarantees in life?  No.  Can a lawyer who specializes in Federal Disability Retirement laws make a difference?  Yes.

Fortunately, unlike the metaphor arising from the cook and the salsa of arsenic, there are multiple stages within the administrative process of pursuing Federal Disability Retirement benefits through OPM, and a denial at the First Stage of the bureaucratic pathway is not irreversible, and does not result in the inertia of life rendered by ingestion of substances otherwise tasty but harmful.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Chasm Between Sanity and Twilight

Sometimes, there are moments of clarity where one is left with wonderment at the behavioral folly of individuals, organizations, and groups of collective consciousnesses (what an untenable word — the pluralization of that which ends in what appears to be the plural form of the noun).  Whether one agrees with the Supreme Court’s holding that corporations should be treated as “persons”, the fact is that organizations act in collective aggregates in similar manners as individuals and amoebas.

Group-think, herd mentality and symbiotic consciousness of behavior is not unfamiliar to us all; for Federal and Postal employees who suffer from an injury or disability, and where the medical condition leads the Federal employee or the U.S. Postal worker to file for Federal/Postal Medical Disability Retirement benefits through the U.S. Office of Personnel Management, whether that Federal worker or Postal employee is under FERS, CSRS or CSRS Offset, it is a fairly routine matter that engagement with one’s agency can be characterized as one of workplace hostility, unpleasantness or unfriendly separation.

Why this is so; what bonds of loyalty become severed merely because the Federal or Postal employee expresses an intent to terminate the employment relationship as a consequence of the onset and intervention of a injury or chronic condition; and how the contextual animosity develops into a flashpoint where the Federal agency or the U.S. Postal Service believes that it must initiate adverse actions or punitive measures; these are all wrapped up within the conundrum of complexities which characterize the human condition, and that is why organizations and organic aggregates of individuals comprise a compendium of human behavior.

It is, in the end, an unexplained and incomprehensible phenomena; what it is; how it can be explained; where one goes to for enlightenment; these questions must be relegated to the dark corners of behavioral recesses within those chasms between sanity and twilight.

Sincerely,

Robert R. McGill, Esquire