Tag Archives: long term incapacity retirement

OPM Disability Retirement: Of Progress

It is doubtful that it actually occurs; for, every step forward in civilization always seems to be met with forces which revert back two steps, or perhaps even three.  As a general rule, things tend to get worse, not better.

It is possible that the pinnacle of human achievement has already been reached, and anything beyond is simply a downhill trajectory from the apex of that human point of achievement.  Or, is it merely a matter of perspective?  Is history a linear progression, where improvement builds upon improvement — or merely of wishful thinking?

Technology always promises that the next gadget will make our lives even better — happier, more fulfilling.  We know that not to be the case — or, should know.  Russell’s definition of “the good life” went as follows: “The good life is one inspired by love and guided by knowledge.”  There is much truth to that statement, but the problem in modernity is twofold: Love, once defined by human interaction in face-to-face encounters, has now been replaced by virtual contact; and knowledge, which was based upon “truth”, has been supplanted by insular opinions without any need for an objective basis.

In the end, of course, “progress” has nothing to do with technology, and everything to do with human thought — of how we value life and whether & how “love” is viewed.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for continuation in the career of your Federal or Postal job, progress can only come about through the effective preparation, formulating and filing of a Federal Disability Retirement application under the Federal Employees Retirement System (FERS), a benefits retirement plan which is processed through the U.S. Office of Personnel Management.

And of progress?  Do not look for “love” from your agency; but of knowledge — seek and hire an OPM Medical Attorney who specializes in FERS Disability Retirement Law.

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 Law: The Stories We Carry

How we allow our thoughts to narrate the inner voices we carry, matters in how we see ourselves.  The proper stories we tell ourselves; what words we choose when describing an incident we were involved in; even the tone of the voices heard within the inner, insular world of our own thoughts — they are important in formulating who we are, what we believe, and what the future holds for us.  The correspondence theory of language is now an antiquated, outdated theory of language.

When Bertrand Russell stated with a mischievous smile that the “ present King of France is bald” — he knew at the outset that there was no “present King of France” and, moreover, that “baldness” cannot be attributed to a non-existent royal entity; and yet, we fully comprehend the statement.  By comprehension, we admit to its meaningfulness, and even its coherence.

But how can a nonsensical statement having both meaning and coherence?  That is the point — that meaning and coherence have nothing to do, necessarily, with existence in the objective universe.  Then, one might query, what is so important about the stories we carry within our heads if they have no correspondence to the objective world?  Not only is it important, but moreover, it is significant; for, in the end, the stories we tell ourselves, about ourselves, which we carry within ourselves, provide the inner psyche to possess the confidence and strength to maneuver through the world we must occupy for the limited time we have in this world.

For Federal employees and US. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from continuing in his or her career, you need to contact a Federal Disability Retirement Lawyer and quit beating yourself to death about failures, inadequacies and debilitating incompetencies that your Federal Agency has come to make you believe.

Contact a lawyer who specializes in Federal Disability Retirement Law and begin the process of moving forward and beyond, so that the stories you carry will keep you growing into the next decade — and beyond.

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 Help: The Fairytale Life

Every now and again, we hear about someone like that — how he or she “lived a fairytale life”.  That is, of course, until the details and private murmurings have been thoroughly vetted.  A good rule to follow is: If you like a certain artist, musician, writer, actor, etc., and you hold some moral qualms about right and wrong, don’t research too much into the details of that favorite person, for the chances are, you will likely be disappointed.

The Fairytale life is the public appearance; for, in the end, such a depiction is merely the “tale” as noted in the title, and tales are fictional accounts as opposed to a biography or an investigative report.

To a greater extent, we all have such tales — of the pubic persona and the One-dimensional aspect of our lives.  Some things, we hide deliberately.  Other things, we have forgotten about, put behind us, or merely fail to mention because of lack of context, embarrassment or shame.  Other things — like a chronic and increasingly debilitating medical condition — we hide and push through in order to keep our jobs.

For Federal employees and U.S. Postal workers who suffer from a medical condition but appear to others to live “the fairytale life”, there may come a point when the privacy of your medical conditions clashes with the public persona of your Federal job.  At that juncture of contradiction, you may have to consider filing for Federal Disability Retirement benefits under FERS, and at that point, you may want to contact an experienced OPM Disability Lawyer who specializes in Federal Disability Retirement Law.

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 under FERS: The Memory of Time

Ogawa’s novel, The Memory Police, is a dystopian narrative with an interesting theme: How long do memories last upon the disappearance of a person or thing?

In the novel itself, of course, the memory is somehow erased concurrently with the disappearance of the entity; but in real life, how long are we able to hold onto a cherished memory — of a person whom we were fond of; of an event or occurrence which was significant in our lives; of an object no longer in use?

Who remembers, for instance, those “bag phones” that we plugged into the cigarette lighter of our car?  Or of days when a horse was the only mode of transportation?  Is the art of knitting quickly vanishing because people no longer have the time to engage in an activity which not only takes time, but requires patience and sustained sedentary focus?  And even of days — if all calendars and indicia of days marked and months delineated segments were to vanish, how long would we be able to retain a memory of “time”?

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 memory of time is often a vanishing of that time before the medical condition began to have its impact upon you.  There was a time before the medical condition; now and for the immediate future, it is the focus upon that medical condition which seems to dominate everything.

Consult with an attorney who specializes in FERS Disability Retirement Law and begin to consider a time before, when the Memory of Time was of a time when your Federal or Postal career was not dominated by a memory of constant harassment by your agency or the Postal Service.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement Benefits: Silence

Whether of the historical novel by Shusaku Endo or of the film adaptation by Martin Scorsese, the powerful images evoked (or provoked?) by the contrast between noise heard and the silence following can be felt only with the “before” and “after”.  The novel itself is Endo’s masterpiece, although he has written many; and, of course, Scorsese has a long list of accomplishments and commercial successes, but Silence is not one of them— at least not by commercial standards.

It is a serious movie with few bright moments; of contracted theological arguments and disputations revealing cultural chasms so deep that only a simple metaphor can make it comprehensible; of an agonizing series of endless torture; of the anguished, linguistic divide apparent between two countries which fail to understand each other because of the subtleties of language’s disconnect.  And then there is — silence — in contrast to noise; of a “before” and an “after”.

And the questions which foretell of the quietude: Does the lack of God’s intervention mean that there is no God?  Does “speaking” of denying and renouncing, or the act of stepping upon the image of God, determine one’s faith, or can faith be alive within the silence of one’s inner soul?  Can the Peter-like character, Kichijiro, remain a “faithful apostle” despite his breaking of his silence in actively renouncing and apostatizing?  And who has the greater faith — the priest who grudgingly passes judgment each time the apostate comes for confession and forgiveness, or the one who renounces but then confesses and asks?

In the end, Silence is too heavy a movie to be considered “entertainment”, and most people will not want to spend an evening watching a movie that has little joy and less to laugh about; for, the pain that is experienced by so many in this world in the silence of one’s own suffering is torturous enough without asking to view an even greater expansion of such pain and silence.

For Federal employees and U.S. Postal workers who, similarly, suffer in silence because of a medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management.

Consulting and being guided by an attorney who specializes in Federal Disability Retirement Law is likely the wiser course to take, as the bureaucratic morass that one must be guided through can be likened to the foreign country that the priests in Silence had to endure — through the pitfalls of dangers and caverns of unknown territories.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Government Employees: Cicatrize

It is a word which one does not come across very often; and yet, the greater question is: How many words are “out there” which we do not know, have never heard of and will hardly use?  Do words limit the universe of our thought-processes?

If paragraphs are composed of sentences, and sentences formulated from single units called “words”, do our thoughts retain paragraphs, sentences, or the singularity of words?  In our insulated monologues and soliloquies, do we hesitate because we fail to consult a dictionary, stop because we cannot come up with a synonym, or retreat because of a lack of an antonym?

In modernity, we have dispensed with the idea of memorization, precisely because — with a Smartphone constantly at our sides — there is (A) Either no more need for it, (B) It is cruel to force kids to undergo such mentally strenuous exercises or (C) There is simply too much information “out there” for memorization to be practical any longer.

I once knew a person who didn’t count sheep in order to try and fall asleep, but would recite the sonnets of Shakespeare — and would never be able to recite them all before slumber would overtake him.  Of course, “context” is important, and if there are no conditions within which a word should materialize, be utilized or otherwise applied, the need to retain such a word within the memory banks of one’s brain would never come about.  Yet, how many useless bits of information do we look up on a Smartphone on a daily basis, and “retain” much of it?

The word “cicatrize” means to heal by way of scar formation; by extension, one can become creative and apply the word in non-medical contexts, as in: “The constant taunting by his classmates resulted in a cicatrized numbness of his sense of self-worth; but in the end, Johnny could never have the thickness of skin needed to survive, and cried himself each night for the cruelty of the world that haunted him”.

That is the fun of words, isn’t it?  To take it and play with it; to retain it and fool with it, like a pebble in one’s pocket where you can feel the texture of a small remnant of the greater universe between thumb and forefinger, and fiddle without end in an insular universe that is limitless and infinite?  For, it is always the infinite that we seek; of paragraphs abounding and pages beyond the next one to turn.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, always remember that the application itself is a “paper presentation” to OPM — one which must be comprised of words, sentences, paragraphs, and even entire pages.

It must tell a “story” about your condition, your capacities and your frailties in the most personal of ways.  And while the world of such a bureaucracy may be cicatrized against an empathetic tendency of the truth of your condition, it is best to seek counsel and advice from an attorney who specializes in Federal Disability Retirement Law so that the cicatrization does not impede a persuasive argument compiled precisely in order to cut through the cicatrized minds at OPM.

Sincerely,

Robert R. McGill, Esquire

 

 

Disability Retirement from Federal and Postal Jobs: Inconsistency and specificity

The two legal standards dominant in a Federal Disability Retirement case must often be alternatively applied depending upon the nature of the positional duties involved.  It may be appropriate to speak in terms of “functional capacities” and specified duty restrictions when it comes to physical work that involves descriptive mechanical work — i.e., being able to lift a certain amount (for most Postal employees, up to 70 pounds); bend, lift, stand repetitively throughout the day; or even in climbing ladders, remaining balanced while working on a scaffold; utilizing power tools, etc.

For more cognitive-intensive, focus-driven administrative/executive positions that require sustained and sedentary periods of consistent application, the more generalized standard as pronounced in Henderson v. OPM may be better argued — one of inconsistency and incompatibility between the job duties as a whole because of the cognitive dysfunctioning that results from the high distractibility of pain, lethargy from Major Depressive Disorder or paralyzing panic attacks from Generalized Anxiety Disorder, etc.

Or, take the work engaged by an Air Traffic Control Specialist — there is an admixture of the “inconsistency standard” as well as “specific” elements where sustained focus and concentration is reliant upon the safety and lives of hundreds, if not thousands, of people.

The two legal standards in a Federal Disability Retirement case are not mutually exclusive, and they need not be argued so before the U.S. Office of Personnel Management and beyond, at the U.S. Merit Systems Protection Board (MSPB).

Medical conditions need to be described in a “nexus-form” to the positional demands of a Federal or Postal job, for ultimately that is what a Federal or Postal employee who is filing for FERS Disability Retirement benefits is retiring from — a position description, and not necessarily the actual job that one is working at.

The disabling medical condition that the Federal or Postal employee is suffering from may both be inconsistent and possess descriptive specificity which require restrictions; and, conversely, it may be that certain elements of one’s Federal or Postal position description may require restrictions, leading to the conclusion that the position as a whole is inconsistent with the suffered medical conditions precisely because of the specific, 1-to-1 ratio of “essential element” to “identified medical condition.”

Thus can both standards be argued and used as a sword against OPM”s argument that “specific elements” need to be shown in each and every case, which is simply NOT the case.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Disability Attorney