Tag Archives: lwop disability retirement lawyer

Federal Disability Retirement: Cues and missteps

Throughout any process, there are both; whether we recognize them and adjust our actions accordingly, or like most of us, just blunder our way forward because we fail to recognize them as a result of arrogance or pride.

How many wars were fought because of cues unrecognized and missteps engaged?  And in society’s more personal wars — of friendships faltered or divorces filed — what cues are missed and what missteps are stumbled upon?

At work, when tempers flare and small fires erupt, were the metaphorical “peace-pipes” offered but failed to overcome because the cue was offered without the right verbiage?  Could a valuable employee have been kept if only some thoughtful time had been considered, where a health crisis lead to a misstep and feelings of pride were trampled upon?

In a divorce proceeding, if one or the other had declared the value of the love lost in the turmoil of raising kids, would a cue provided with a smile of sincere forgiveness dissipating regretful words once spoken out of anger — would it have warmed the cold heart and saved the kids from separation and anxiety?

Throughout every process, there are cues missed and missteps taken.

For Federal employees and U.S. Postal workers who suffer from a health condition such that the health condition no longer allows you to continue in the chosen career of a Federal employee under FERS, the steps one takes before initiating a Federal Disability Retirement application under the FERS system are important.

Don’t miss the cues which need to be acknowledged in preparing for a FERS Disability Retirement, and don’t let the missteps undermine the endeavor.

It is best to contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, lest the cues missed and the missteps engaged make it more difficult to win an approval from the U.S. Office of Personnel Management.

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: Belonging

Do any of us, anymore?  When a question is posed, the fact that the posing of the question even occurs, presents an underlying and exposed problem: For, what historical background occurred which prompted the question to be posed in the first place?  When first the credibility of the priest was questioned, was there not a deeper problem which needed to be addressed, to begin with?

There was a time, now forgotten, now repressed in the ages long passed, when the question of belonging never appeared.  One was born in the village of ancestors; the future was encapsulated within the community one grew up in; one’s identity was a part of the greater character of the community; the future was always ensconced within the family, the neighborhood, the town, etc.

There was never a question of belonging; for, to not belong was relegated to those outsiders from elsewhere.  Belonging was a given.  The silence before the question was the norm which everyone understood; and understanding was always passive, without the active question which shakes the foundation of belonging 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 question of “belonging” is a fearful one.  For, the superficiality of the concept with the Federal Agency is well-known: You “belong” only so long as you can contribute a measure of efficient service.

This notion of being a “valuable” employee is based only upon what you did today, and runs no deeper than yesterday’s performance ratings.  Why else would you try and hide your medical condition?

Contact a disability lawyer who specializes in Federal Disability Retirement Law, and consider that the depth of belonging with a Federal Agency or the Postal Service is only as deep as what you did yesterday for them, and once they find out that you will no longer be a member of “the team”, chances are, your “belonging” will be a mere vestige of longing long passed.

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 under FERS: Volume of Words

Modernity provokes a society of volume — volume of voices, volume of choices, volume of everything — even of words.  There are no “great words of fiction” in a neat little volume, like Hemingway’s “The Old Man and the Sea”; and the short story is a lost art, the last and greatest master of it being from Ireland (i.e., William Trevor).  The art of subtlety has vanished; the single sentence which evokes a plethora of thought and contentment, no longer available.

Volume of words does not replace content of substance — just listen to “talk radio” or the numerous shows on television and you will see that the goal is to “fill the void”, even if the “filler” has nothing substantive to say.  When have you ever heard someone say on a subject, “Oh, I have nothing to say about it because I haven’t given it much thought, yet”?

For Federal employees and U.S. Postal workers who suffer from a medical condition and must consider preparing an effective Federal Disability Retirement application under FERS, your Statement of Disability, the legal arguments you must make, and the medical documentation you must submit — all must rely upon the volume of words.

But such volume must also, by necessity in order to meet the legal criteria for eligibility under FERS Disability Retirement, be compiled and composed with precision, and not merely by a volume of words.  Contact a FERS Disability Lawyer who specializes in OPM Disability Retirement Law, and recognize that the volume of words cannot ever replace the substance of content.

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.

 

Federal Employees Retirement System (FERS) Disability Retirement: Myth of the Unbiased

The “uninterested” or “unbiased” party — does such an entity even exist?  In parochial terms, it is to say that “X has no skin in the game” — meaning thereby that an individual has no preference, no “money placed as a bet” on either team; has never expressed any weighted opinion as to one or the other — in other words, he or she is an “unbiased” participant.

But there are other factors beyond whether or not a person expresses a preference, are there not?  Of an irrational dislike of one over the other; of a self-interested desire to “win” by picking one over the other; or perhaps of simply being bored and wanting to be a contrarian by choosing one over the other.

Thus, in a Federal Disability Retirement application before a “medical specialist” at the U.S. Office of Personnel Management, to identify an OPM reviewer as someone who is unbiased or uninterested, is to miss the point.  Yes, allegedly, OPM is supposed to be unbiased and uninterested, and merely apply the law and review a Federal Disability Retirement case in an objective manner.

The reality is quite different, however, because of the complexity of the human psyche involving motives, unstated intentions and deep-seated psychological needs.  What can be done about it?  Nothing, really — other than to point out the errors, the lack of logic, and apply the law — and counter any denial or preempt a denial by submitting a legal memorandum which is truly unbiased.

Contact a disability attorney who specializes in Federal Disability Retirement Law, and maintain a semblance of objectivity in order to enhance your chances of winning your Federal Disability Retirement benefits under FERS.

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.

 

Long-Term Disability Benefits for Federal & Postal Employees: Carelessness

In some professions, it matters not; in others, perhaps of a de minimus impact; but to many, of a great and irreversible impact.

For an eye surgeon, the slightest tremor may mean the difference between sight and blindness, where carelessness is a measure of delicate differentiation.  For the store clerk who stocks the shelves — whether slightly crooked; not quite neatly presented; perhaps placed in the wrong aisle or section — carelessness may have some minor impact upon the profits gained, but likely not quantifiable in comparison to the dexterity needed for the eye surgeon.

Carelessness is just that — of a lack of care, a negation of competence which ultimately is traced back to the intentions of the individual.  Does the person care?  Is the worker diligent?  Does the employee have a sense of self-awareness to be able to improve?

Sometimes, “intentions” are mistaken by the results of the work itself — as in, when a medical condition is impacting one’s ability and capacity to perform at the same standard of care.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is beginning to manifest itself through carelessness at work, contact a Federal Disability Lawyer who specializes in securing OPM Disability Retirement benefits for Federal employees, and begin the process of carefully putting together an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal Employees: Life’s Muddle

We like to think that we are competent; but much of life is a muddle, where we try and plod along acting “as if”, when the truth is that we are winging it.  For the most part, that works; and the reason why it works is because the rest of the world, as well, is simply plodding along in the same manner and fashion.  Life is a muddle, and when a significant intervening event comes into play, the muddle becomes even murkier and the division between those who are truly competent, and those who have simply been “faking it”, come to the fore and become ever more focused.

Medical conditions, likewise, tend to do that: They bring out the best of people, as well as the worst.  They sharpen the divide between people who are empathetic and those who care not a twit except for times when it might be to their advantage.  And, as Federal agencies and Postal facilities are mere microcosms of people in general, the extent of an Agency’s efforts to accommodate a Federal employee’s medical conditions reveals the underlying character of the people involved.

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 time to continue to muddle through the complex bureaucratic process of filing a Federal Disability Retirement application should be left to the “experts”.  There are times to muddle, and times not to muddle, and the latter is one of those times when filing for FERS Disability Retirement benefits with OPM.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and stop trying to muddle through life’s muddle.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: This Side of the Graveyard

It begins from the moment of birth and ends only when consciousness recedes into a darkness of a void.   The graveyard is in view the moment life begins, and reminds us of our destination point.

In modernity, of course, more of us scatter the ashes of our beloved after cremation, as opposed to keeping the remnants within a private shrine in our homes.  There is a sense of comfort of connecting to the dead.  Graveyards are not merely plots of earth where tombstones and daffodils abide in the dark of night; rarely visited these days, they remind us of the tenuous nature of our own mortality, and it is this side of the graveyard that reminds us that life is indeed short, and what we do with the limited time we have been given, matters much.

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, always remember that life is not meant to be lived in constant pain and suffering, and this side of the graveyard is a reminder to us that tomorrow is never a guarantee of today’s blessings.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, lest living with a deteriorating medical condition brings you nearer to the other side of the graveyard, as opposed to remaining on this side of it for a few more years.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Having something to say

There are people who speak volumes in voluminous volubility, but of thinness of content and lacking of much substance.  Then, there is that quiet person in the corner, perhaps distracted by someone’s glancing comment or lost in his own thoughts who, when asked about a topic of general interest to all in a group, articulates in a single sentence what others have attempted to encapsulate in a paragraph, a page, or perhaps a Dickensian novel.

Having something to say is the linguistic equivalent of wanting to be noticed, needing to be relevant and asking to be loved.  The capitalistic rule of supply-and-demand works within other and foreign contexts, as well — that when the supply of articulation exceeds the demand sought, the diminishment of value in words is proportional to the content of relevance.

Of course, the general truism which becomes reduced to an inane thought is that we “all have something to say” — that is to say, each one of us can make a contribution to the general pool of solutions, ideas, thoughts, etc.  But if everyone can be everything to everybody, then nothing comes from nothing where something is devalued because everything is nothing — in other words, the diminishment of value because supply exceeds so much of a lesser demand.

There are times, of course, when — whether we have something to say or not — it becomes necessary to express something; to express it well; and to express it with clarity and conciseness of thought.

For Federal employees and U.S. Postal workers who have come to a point where filing for Federal Disability Retirement has become a necessity, “Having something to say” becomes important because of the requirement of filing SF 3112A, Applicant’s Statement of Disability as part of the FERS Disability Retirement packet.  The questions posed on SF 3112A appear simple; but do not mistake “simple” for “simplicity” — for, within the content of the simple are a jumble of complexities that are interconnected with legal precedents and court rulings.

Language is a funny animal; it requires thought beyond the pool of language one is familiar with, and it is the unfamiliar which can become the cliff over which one can fall, and to prevent the calamities which one may not be aware of, it is best to consult with an attorney who specializes in Federal Disability Retirement Law to make sure that when you have something to say, it is posited with knowledge and legal counsel.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The never-ending series

Once upon a time, the three seasons of the sporting world seemed fairly defined into three neatly-trifurcated periods; of Summer to Fall for Baseball; Fall to Winter for football; Winter to Spring for basketball; and so the seasons followed the general consensus of a happy delineation for the enthusiast, the couch-potato and the sounds of rhythmic lull, where the major sports aligned in sequence upon the seasons of change like nature’s bugle that toots the horn with nary a break between.

Then, greed set in.  Advertising dollars could be extended just a few more days, perhaps even weeks, and maybe even into further months.  An extra “wild card” to be added; an “inter-league” period in the middle of the season; let’s also change it from the “best of five” to the “best of seven” — or, maybe for the future, the best of nine?  What difference did it make that seasons overlapped — with widescreen television sets and simultaneous multiple-screens streaming, one could watch regular-season games and season-ending series combined without missing a heartbeat or a blink that forgot the fumble of the century; we can “have it all”.

Then came the problem of “soccer” — that hated foreign-born immigrant that kept insisting upon pushing into the American conscience, mostly through the public schools that boldly continued to inculcate our kids with an incomprehensible game that wouldn’t let a person do that which instinctively we are all born to do — of touching the ball with one’s hands.  What kind of a sport doesn’t allow you to hold the ball and run with it?

Basketball requires ball handling, with letting go of it to move forward, except by milliseconds of palm-to-ball dribbling; football requires large hands that, until one grows older, results in that wobbly spiral that is laughed at and scorned; and baseball follows the snugness of the glove, the perfect pitch by the positioning of fingers upon the stitching that propels the beanball into a fastball or the sudden drop just as the batter swings to miss, and the thrill of the umpire shouting, “strike!”  To not even be able to touch the ball?  What kind of a sport is that?  And where does it fit in to the never-ending series?

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal position, the never-ending series may include three “major league” games — the Initial Stage of the application for Federal Disability Retirement; the second, Reconsideration Stage of the process, if denied at the first level; and the third stage — an appeal to the U.S. Merit Systems Protection Board.

There is, if necessary, a “Fourth Stage” — a Petition for Full Review before the MSPB; but like soccer and the never-ending series of the first three sports, the key is to make sure that proper preparation is completed for each of the stages of the process, before anticipating the outcome of any of the others; and like soccer and a Petition for Full Review, the best bet is to prepare well for any and all of the 3 stages of the process.

Sincerely,

Robert R. McGill, Esquire