Tag Archives: lwop for workers comp long term disability

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.

 

FERS Disability Retirement from the OPM: The Preparation

There is enough success by merely “winging it” — of coming into a “situation” without adequate preparation; of stories where luck just happened to accompany the moment, etc.  The vast majority of “other” success stories, however, are accounted for by hard preparatory work, long hours of training, research, review of the evidence, etc.  Perhaps there are some of those who can walk into a meeting and immediately impress the participants; or to cut short a practice and still dominate on a basketball court or field of play; but in the end, it is the preparation which insures the success of the “after” — of the actual game, the real deal, etc.

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, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is a necessity which likely cannot be avoided.  It is that first part, however, which will be the most crucial step — of the preparation involved, before the final formulation and filing.

Consult with a Federal Disability Retirement Lawyer as the first step in the preparation of your application; for, in the end, it is the proper beginning which always counts the most.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

FERS Disability Retirement: The Grief of Life

“Good Grief, Charlies Brown!”  It is an expression of exasperation, often emitted from Lucy’s mouth during the long run of the Peanuts’ comic strip.  The phrase itself is undefined, and yet most of us comprehend its import: That life itself is a series of grief-filled moments; of mistakes and failures; of acts which people engage in that belie understanding; that the puzzlement and conundrum of events that hit us, emotions that arise and how people behave result in grief untold.

It is well that a child is often protected from the grief of adulthood, lest the child be damaged even before he or she enters the harsh reality of the greater world.  Yet, like raindrops that fall from the sky and, on its spiraling journey downwards, accumulates all of the dirt and grime of the world, so the grief of life begins to take it toll upon us all as we interact and encounter the sheer meanness of the world.

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, the grief of life takes two forms: First, the medical condition itself and the impact upon one’s career and positional duties, and Second, from the uncaring attitude from the Agency, the Postal Service, and coworkers who make up the aggregation of the “agency” itself.  Such a “double whammy” is often the impetus to contact a FERS Attorney who specializes in Federal Disability Retirement Law.

Consult with an OPM Disability Attorney who focuses purely upon getting people Federal Disability Retirement benefits in order to limit the impact of engaging in the bureaucratic complexities of preparing, formulating and filing for Federal Disability Retirement benefits; otherwise, like Charlie Brown and others in the Peanuts gang, you may end up shouting in exasperation, “Good Grief!”

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Reaching the Finish Line

It became the unspoken goal, sometime after a time unremembered.  In the beginning, perhaps, it was a job which was meant to be a steppingstone to another job in a career choice with obscure beginnings; but the promotions and step increases were forthcoming on a regular basis; the pace of work was acceptable, the accomplishments and accolades satisfying, and the colleagues that were once around provided a sense of stability.

Reaching the finish line was on the horizon — retirement.  Sometime when the halfway mark was passed, it became a logical goal.  But then a medical condition came into the scene, and the goal post suddenly seemed to have been extended that far back.

Federal Disability Retirement under FERS is merely an early accessing of one’s proverbial “finish line”, when reaching that retirement age and years of Federal Service are no longer viable as a result of a medical condition that prevents the Federal or Postal worker from performing or more of the essential elements of one’s Federal or Postal job.

Consult with an attorney who specializes in Federal Disability Retirement Law so that the finish line is still reachable, and the goals and dreams once set in the race to the end of one’s career are not suddenly dashed because of an unexpected medical condition.

Sincerely,

Robert R. McGill, Esquire

  

Help with OPM Disability Retirement: Wintertime flowers

What do you tell a young child who tries to plant seeds in the fall, and when asked about the activity, responds, “I want flowers for the winter and am planting them now so that they will bloom by the time the cold comes”?

Do you: (A). Laugh and tell the child that he or she is being foolish, (B) Explain to the child that flowers don’t bloom in the wintertime, (C) Direct them to the proper plants that will produce the intended effect or (D) Let the child discover for him or herself as to whether such an effort will have any positive results?

Clearly, options A and B would not assist the child in learning and advancing one’s knowledge of the world (Answer B, while generally the case, ignores the greater effort required in explaining that some flowers do, indeed, thrive in the dead of winter or, alternatively, that this particular region is not conducive to certain plants); and choice D, while perhaps allowing for a greater lesson to be learned — may instead attain the wisdom of the harsh reality of the world through explanation and discussion.

Explanation and a proper understanding of the circumstances, context and limitations of one’s activities in light of the surrounding universe is the key to gaining wisdom and knowledge.

Given that, Choice C would obviously be the “best” option towards greater understanding.  Thus, it is not merely the vacuum within which what one is doing that matters; rather, it is the effective interaction between one’s activities with the greater world beyond that produces a balanced comprehension of one’s place in the universe, how one can be effective and even influential.

Camellias are wintertime flowers that continue to thrive despite the harshness of the environment; whatever the genetic make-up that allows it to remain in bloom while others wither or die, their hardiness in environments others hibernate from and shun is a testament to the reality that, indeed, there are such things as wintertime flowers.

That is sometimes a difficult reality and lesson to learn — for we too often categorize times of our lives in similar ways: In extremes where it is an “all or nothing” proposition.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal employee to perform one or more of the essential elements of one’s Federal job, it is important to understand that the end of a Federal or Postal career does not necessarily mean that it is an “all or nothing” proposition.

There can be life even in the wintertime of one’s career; for, Federal Disability Retirement allows for the individual to work in the private sector, the state, county or municipal job, and continue to receive the OPM Disability Retirement annuity, so long as you remain under 80% of what a person’s former Federal Salary pays, and to the extent that it is medically justifiable that there is a distinction between the former Federal job and the non-Federal job.

Like wintertime flowers, you just have to find the right circumstances in order to thrive in the season of your life.

Sincerely,

Robert R. McGill
Federal Disability Lawyer

 

Federal Disability Retirement Law: Greener pastures

We all engage that game of the “other” side of things, don’t we?  Greener pastures; the pristine lawn on the other side; the “why-is-it-that” game, as in, Why is it that the ‘other guy’ has a better life than I?  Is it merely because of the age-old problem that Plato pointed out – that appearances are deceptive?

The problem is that one will never truly know the circumstances of another unless one has an “insider” perspective on the matter.  The neighborhood that you drive through that always seems like a friendly conglomerate of families laughing, having picnics together, presenting with a coherence not known in your own neighborhood; or the “perfect family” that seems to always get along and shows such support and love for one another; do these entities of inviolable perfection really exist?  Likely, not.

That is why an interview with an “insider” always turns one’s ear and contains revelations of salacious details of internal discord, concealed disharmony and bitterness untold.  Thus do the halls of the Vatican scream with priests who committed unforgivably abusive acts towards children – yet, to the “outsider” for all of those years, the men in flowing robes appeared upstanding and caring; and what about the actor and actress with the perfect marriage – how many times have they appeared since on the cover of multiple tabloids once the crack of separation and divorce occurred?  But for the publicist who wanted to control the exposure, no one would be the wiser.

Greener pastures are always attractive nuisances; they attract precisely because they do not reflect the reality of one’s own situation, and they are nuisances because we know inside that it cannot possibly be real, but the appearance of perfection is oh-so salivating by invitation of concealment.

For Federal or Postal workers who suffer from a medical condition, such that the medical condition necessitates the filing of 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, the greener pasture may be a Federal Disability Retirement benefit.  However, before one goes down that road, the Federal or Postal employee contemplating such a move should get an “insider” perspective on the matter, and this is done by simply getting the facts.

Obtaining a Federal Disability Retirement annuity may not be the answer to every problem, but it can certainly resolve some of them.  The Federal Disability Retirement annuity itself will be a pay cut of sorts, but the focus upon one’s medical condition and its treatment, as opposed to continuing on in the turmoil of a hostile work environment, may be green enough to consider those “greener pastures”.

Whatever the appearance, it is obtaining the facts that is most important, and consulting with an experienced Federal Disability Retirement attorney is the first important step in getting an “insider’s viewpoint” on the matter.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Lawyer: The Ballerina’s Pirouette

It is an awkward word to pronounce, and even more difficult to perform; but a full turn of the body on one’s toe or the ball of one’s foot, multiplied at dizzying speed while the world remains still or aghast with onlookers of disbelief, is but a day’s work for the stage performer.

Practice makes perfect, and the time, energy, pain and history of falls and mistakes preceding a single performance before an audience anticipating unsteady bouts of dizzying falls, where simple tasks of walking or standing are the only points of contextual reference and understanding, it is indeed an amazing feat of grace, balance, determination and pinnacle of human perfection.  It is a showcase of physical coordination:  the capacity to find the center of gravity upon a singular digit of extremity, and to twirl without falling from grace.

Human tragedies are like metaphors of such acts; for, as the world remains still, one’s own universe spins in a twist of timeless moment ensconced without empathy or consideration by others.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s positional duties, the circumstance itself is likened to the act of a ballerina’s pirouette:  one’s own world is a twirl in time, while the greater objective universe remains impassive, dispassionate, unconcerned and mere observers of an inner sanctuary gone mad but from all appearances remaining the same.

It is difficult to convey in a persuasive or convincing manner such conceptual anomalies as “pain”, “depression”, “cognitive dysfunction”, “radiating pain“, “despondency”; words are not experiences, but they are the vehicle of transference for comprehension, understanding and relational convergence.  Watching the act of a pirouette is not the same as experiencing it; but finding the right words to describe it can come as close as possible for the necessary intersection of understanding.

For the Federal or Postal worker who needs to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, the ability to perform a pirouette is not a requirement, and it is not even mandatory that one can properly pronounce the word without a twisted tongue.

What is required, however, is to be able to convey effectively the spinning universe as experienced by one’s medical condition, such that the administrative specialist at the U.S. Office of Personnel Management can come as close to the experiential context of one’s deteriorating human condition as possible by a formulated convergence of concepts communicated via the greatest singular tool of Mankind:  the written word.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Of Vultures Riding the Currents of Time

Watch the vultures float the currents of time, gliding high above, awaiting a trail of destruction behind.  Universally, across the globe, they have similar outward appearances; with wide wingspans for the ability to soar and patiently await high above, watchful for death and decay to progressively come to fruition.  Is it the scent of decay, or the fading gaze of death which attracts?  Or, perhaps, weakness and state of debilitation has a natural aura which draws?

The weak among us becomes a magnet for prey; the scavengers of time become the savagery of timelessness.  Despite our declaration for civility and sophistication, the brute essence of man comes to the fore when elements of weakness manifest. Sympathy and empathy constitute window dressings for civilization’s social contract; a concession to effeminate yearnings voice that of the spectacled class.

Look at the brutality of Federal agencies when once a Federal employee or a U.S. Postal worker announces an intent to file for Federal Disability Retirement benefits.  Suddenly, the skies are filled with gliding wingspans of watchfulness.  No one seemed to care before; now, the sunlight is blocked by widespread fans of feathery flurries.

Federal Disability Retirement is a rightful benefit which can be asserted by any and all Federal and Postal employees who have the minimum of Federal Service (18 months for those under FERS; 5 years for those under CSRS).  But as with every contingency in life, there are residual consequences in filing for a benefit, and such resulting ends will often involve the hostility of the Federal agency, the sudden shying away by one’s coworkers, and a subtle (or not so hidden) loss of camaraderie among peers and supervisors.

But what are the choices? For the Federal and Postal employee 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, filing for Federal Disability Retirement benefits is the path to escaping the slow and progressive deterioration of one’s health condition.

That the vultures may circle during the wait, may be an inevitable consequence; what one wants to prevent, however, is for such creatures to land and begin the pecking process of maggot-laden flesh.

Sincerely,

Robert R. McGill, Esquire