Tag Archives: lwop while waiting a disability determination from opm

Federal Medical Retirement: Eager Wishes and Little Thoughts

We all have them both, don’t we?  Of eager wishes: We wish for wealth; we wish for fame; we wish for friendship; we wish for love.  Wishes project us; they compel us; they motivate, even though such wishful thinking may never become fulfilled.  And so they remain little thoughts — “little” in the sense that they remain mere thoughts, mere wishes, with little chance for fulfillment.

It is often the little thoughts which loom large, if only because they reflect the fundamental needs and desires of most everyone.  Perhaps it is those little thoughts combined with eagerness which results in unfulfilled dreams and hopes, when the imagination expands beyond the monotony of our lives and we become sustained by the little thoughts, prompted by those eager wishes.

Much of life is a negation; of not having, of never fulfilling, of rarely achieving; and yet, when it comes to children, we fill their heads with grand dreams of illusory abstentions.  We tell them, “You can be whatever you want to be” or “live out your dreams”.  No wonder that cynicism easily and readily dominates in early life; and so the eager wishes and little thoughts replace the fairytales we tell our children, if merely to sustain their lives within the containment of reality.

For Federal employees and U.S. Postal workers who suffer from a health condition such that the health condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application under the Federal Employees’ Retirement System (FERS) through the U.S. Office of Personnel Management, it may well be that the eager wish is to cease the madness encircling you between the disabling medical condition and your inability to perform all of the basic elements of your job.

It may seem like a “little thought” to file for Federal Disability Retirement benefits under FERS, and your eagerness may be restricted by the daunting task of engaging a monster of a bureaucracy like the U.S. Office of Personnel Management.  But do not despair; such an eager wish upon a little thought may be attained through the assistance of a lawyer who specializes in Federal Disability Retirement Law.

Contact a disability attorney who exclusively does Federal Disability Retirement Law and begin to advance your eager wishes of the little thoughts which make for life’s sustenance.

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: The Past We Imagine

To live in the past is to stunt growth; to merely exist for the present moment, an afterthought’s condiment to the greater self we can be; and to constantly strive for the future is to lose the meaning of life.  There is always a balance to be reached — not only in the past; not merely in the present; not solely for the future.  The three negations — of not, not and not — is a difficult recipe to bake.

Aristotle’s Nicomachean Ethics attempts to teach of the middle or “mean” path, but these days, modernity is unable to comprehend his teachings because we no longer understand the concept of moral virtues.

In modernity, nothing moral is of any consequence (there we go again with the negation of a concept).  So, let us try and delete and extinguish the negations, and rephrase it in positive terms, if we can.  Often, the past we imagine is not the true characterization — for, that terrible childhood we experienced in contrast to the perfection of our neighbor’s past, is often a false magnification of our biased memories. Many of us had bad childhoods; of terrible, destructive parents; of neglectful siblings; of hard times.

First, rebuild the past memories; compartmentalize the negatives and focus on the happy ones.  Second, don’t compare your present circumstances to the past, but paint a picture of hope for the future.  And third, formulate a positive statement for the future — such as, “There is always a pathway forward, under any circumstances”.  Then, live the life of virtue by sticking to the balance between past, present and future.

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 the Federal or Postal worker’s job duties, the future may need to be “painted” with an effective application for Federal Disability Retirement benefits.  The past we imagined must now be set aside; the present circumstances must merely be endured; the future may involve a different career, but it is nevertheless a pathway forward.

Contact a Federal Attorney who specializes in OPM Disability Retirement Law and set aside the past we imagine, and instead, put a proper perspective on the present, and seek guidance for the future.

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: Preparing a Seamless Application

Is it possible?  When two fabrics are sewn together, it is almost always the case that a seam will appear; but it is the expert seamstress who has the knowledge of the proper stitch, the “tricks of the trade” and the technical knowledge in order to make it appear as if the boundary doesn’t exist, so that the two foreign bodies mesh and meld into one.  There may be multiple seams in creating a piece of clothing; where the sleeves meet; the attachment of the pockets; or, for style’s sake, sometimes the seams are meant to show.

This is true of almost any process which involves the combining of materials, people, organizations and differing entities — the “seams” must be sewn in order to become a combined but single body; the question is whether there will remain a weakness in the seam, to what extent the seam will show, and how strong the seam will be.

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 position, the key to preparing a seamless application will depend upon the proper analysis, evaluation and coordination of the various elements involved in the process itself.  The medical evidence to gather; the relevant information to include; the legal arguments to be made; the nexus between the medical condition and the essential elements of the position — these all must be brought together by the expert hands of the “tailor” who knows the “stitches” to apply.

Consult with an Attorney who specializes in Federal Disability Retirement Law in preparing as seamless an application as possible.  For, it is the expert tailor who has the knowledge and expertise to make both the process and the substance as a seamless entity, and that is the key to a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Interests at odds

A comity of interests has to arise in order for relationships to “work” — in whatever arena of meaning such a term must apply.  When interests are at odds, it means that the goals, orientation and direction of each of the parties are conflicted.  A “conflict”, of course, can be direct or indirect, and can be on various levels of complexities, but in general would imply a need to sever ties unless such conflicts are resolved.

In the employment arena, the comity of interests is fairly straightforward: The employer has a set of interests that need to be pursued; the employee, desiring to advance the interests of the employer, agrees to join in with the comity of interests in the common pursuit of stated goals.  Compensation is agreed upon; certain conditions are mutually stated and a contract, whether explicit or implied, is formed.

Conflicts may arise during the course of employment, of course; if a competitor makes an offer to the employee unbeknownst to the employer that directly or indirectly conflicts with the stated goals of the employer, certain ethical questions may arise.  Or, if certain employment conditions fail to be met, the “interests” of each begin to be “at odds” — an odd way of putting it, but that is the lexicon that has arisen in the employment arena.  It is almost a euphemism to avoid the harsh reality of other “choice” words.

Medical conditions can certainly “bring to odds” and damage the employer-employee relationship, and certainly Federal employees and U.S. Postal workers recognize that.

The “solution” that has been preemptively provided is the benefit known as “Federal Disability Retirement” — it is a means to avoid or otherwise resolve the conflict that arises when a Federal employee or Postal worker can no longer perform one or more of the essential elements of one’s Federal or Postal job — where, in the event of a medical condition no longer allowing for the Federal or Postal employee to fulfill certain of the employment conditions agreed upon (i.e., not being able to maintain a regular work attendance; unable to work full time any longer; taking too much SL or LWOP; unable to perform all of the essential elements of one’s job, etc.), then it is time to access the benefit of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Of course, the “interests at odds” is not just between the employee and one’s own Federal Agency or the Postal Service — it is also as against another agency: The U.S. Office of Personnel Management who attempts to subvert, deny and otherwise place obstacles in obtaining an “approval” for Federal Disability Retirement benefits.

That is why the “interests at odds” needs to have an advocate — of an attorney who specializes in Federal Disability Retirement Law.  Consult with an attorney who can help you attain the comity of interests, and to counter that entity which clearly is at odds with your interests.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The difficult good-bye

It is always difficult to say good-bye.  Whether of a long duration, or with a quick ending to an already fast-deteriorating relationship, the good-bye that brings sorrow, tears and a sense of unease is the one that once was never thought of.

Separating from loved ones; the end of a stay that may have begun with trepidation, hesitation or even loathing, but which turned out to be an embracing of past memories forgotten, revitalizing conversations and enlivening moments of collective reflections; or even of a chance encounter with someone, or with the lengthy last moments with a bedridden relative who wants the warmth of human contact nearby before departing into the netherworld through gates of wandering souls.

Whatever the circumstances, the good-byes we fear, the ones we think will be a relief, and even those that turned out to end merely with a half-hearted wave of the hand — it is the difficult good-bye that echoes within the hollow of one’s mind, squeezing between schedules full and memories touching upon a conscience that will not abide.

Careers have good-byes, as well, and not just between people; for it is the career that defines so much of who we are.  It is never just the “what do you do for a living” part of it, but the title that comes with it, the identity that is attached to it, the camaraderie that accompanies it and the past memories that haunt one; these are the cementing tributaries that form one’s personhood.

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, whether under FERS, CSRS or CSRS Offset, the difficult good-bye is the one that separates the Federal or Postal employee from the Federal Agency or the Postal Facility — not necessarily because of the circumstances compelled by the medical conditions themselves (although that is admittedly difficult enough), but often because the job itself was and has been an integral part of one’s life, livelihood and identity, and because any change in one’s routine is hard enough.

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is essentially saying good-bye to a good chunk of one’s daily routine of life and living — of spending about 50% or more of one’s life (including preparing for the day, commuting, doing work-related emails and similar activities, etc.) — and thus will be, even under the best of circumstances, a difficult separation and departing.

But always remember that the difficult good-bye is the one that retains an abiding meaningfulness within the souls of worthwhile characters, which then forms the seeds of hope for a future yet untold, as opposed to the half-hearted wave of the hand that dismisses so casually that we remember not even which hand with which we waved good-bye.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement System under FERS or CSRS: The footnote

Who reads them, anymore?  Defined as an ancillary or corollary piece of information beyond that which is stated in the body of the main text, the footnote represents that which reflects an addendum and not something that is considered “required reading”, but more likely for the benefit of those who enjoy quixotic minutiae and esoteric details of irrelevant import.*  As referenced in history, one who is relegated to the afterthought failed to reach the first order of things, and their lack of relevance is reflected by banishment to the bottom of the page.

Before computers were invented, long before the notion of “cut and paste” defined the laziness of intellectual prowess, the writer had to engage in prescient forethought, and calculate by measured deliberation the space to leave, the length of the footnote, and whether there was enough white-out left in the crusted bottle to make up for any lack of proper preparation.

The pretentiousness of the pseudo-intellectual, of course, was to have footnotes of greater length than the body of the text itself, spanning multiple pages so that the reader would become confused as to what constituted relevance in contrast to signification of purpose, where some pages barely had a sentence with but a horizontal mark demarcating the onerous esoterica of erudite irrelevancy.  And the worst, of course, is when a teacher or professor would ask a test question based upon one; for, again, the common refrain was twofold:  Who reads them?  Were we required to read them?  And the scoffing retort from the test-giver — that god amongst gods who held grades, fate and future plans in the palm of a single hand: If it was in the assigned material, it was “required reading”.

Much later, of course, we came to realize that “it was really good for us to read them” (though we never really believed such inane confessions), or to our own children, “When I was your age, and computers weren’t yet invented…” (with but a reactive facial expression beyond capacity to translate).  In the end (literally and figuratively), we all realize that the footnote itself represents mere distractions upon an otherwise ordered pagination of an author’s meanderings, and for ourselves, that they reflect a metaphor of who we are.

Most of us are treated as mere footnotes, left unnoticed, disregarded except for occasional reference by accident or happenstance.  For the Federal employee or U.S. Postal worker who has come to a point in his or her career, where a medical condition has progressed to a deteriorating consensus of requiring an alternative plan of action, being treated as a footnote within a subtext of irrelevancy amongst a sea of bureaucratic inefficiency, is likely a feeling of growing concern.

As footnotes are deliberately disregarded, so the majority of people are like those masses of addendum relegated to unnoticed details of sub-citizenship.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will often elevate one’s status and stature for a time, if only because the Agency or U.S. Postal Service is suddenly forced to read the footnote, and take notice of the subtext; but beyond that, it is the medical condition itself which relegates the Federal or Postal employee to that numbering at the bottom of the page and left to irrelevancy, precisely because you are not one of the “productive” ones.

How does one force the “outside world” to “read” you?

In the end, there is life beyond a career with the Federal Agency or the U.S. Postal Service, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is merely a first step in getting beyond being relegated to a mere footnote.

As with those generals who served alongside Eisenhower, Grant, Lee and forgotten Roman centurions, most of us are mere footnotes, and glad of it for the unnoticed joys we can embrace in the anonymity of our privacy, and for the Federal or Postal worker who wants to get beyond the notoriety accompanying that unwanted attention for merely having a medical condition — and thus temporarily assigned to the body of the “main text” for being a nuisance — preparing, formulating and filing an effective Federal Disability Retirement application with OPM is often the first step towards asserting one’s rights to getting back to the footnote of time and timelessness, where most of us want to remain, in the cocoon of irrelevancy and historical afterthoughts.

 


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*Footnote 1:  Just to make sure; otherwise, refer to page 3,275 herein, where you will be required to obtain a special password and key in order to access a pseudo-intellectual forum of erudition within an ivory tower of confounding thoughts, for further reference to important commentaries otherwise pretentiously inserted in order to appear intelligently cogent.

 

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The 90/10 rule

It is a general principle to which most of us adhere to, or at the very least, confirm and affirm by own own actions or lack thereof.  In work, 90% of what we do constitutes drudgery and repetitive toil of uninteresting accomplishments; we strive, however, for that opportunity to perform the remaining 10%, which makes for an interesting career.

A similar proportional reflection applies to marriage and love; there are corollaries to the statistical generalizations, however, such as our own children and those of others — where 90% of other people’s kids are bratty and selfish, but only about 10% of parents know it, would acknowledge it, and might even own up to it, but where 90% of parents believe that their own kids are the cutest and most brilliant prodigies yet known to mankind.

Then, of course, there is grandpa’s admonition about people in general:  90% of the people you meet aren’t worth a penny’s value of attention, and of that 10% who might show some promise, 9 out of 10 (i.e., again, 10%, or 1% of the aggregate) will turn out to have merely fooled you.

What does that say about choosing a life-partner in romance or marriage?  90% of the time, people in general are going to disappoint, and 10% might meet expectations of contentment; but then, 90% of us believe that, from the “other’s” perspective, we ourselves always fall into that 10%, when in fact we likely fall into the 90% ourselves.

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 the Federal or Postal job, such a state of affairs likely falls into the minority of Federal or Postal workers — again, generally about 10%, if that.  The problem, however, is that the majority of that 10% or so (again, probably about 90%) believe (mistakenly or self-delusionally) that they will fall into the 10% of such groupings who are able to continue their Federal or Postal careers despite the progressively deteriorating condition.

What the Federal or Postal employee who falls into that initial 10% or less of the workforce, whether under FERS, CSRS or CSRS Offset, should do, is to ensure that you become part of that 90% or more of Federal employees or U.S. Postal Service workers who recognize that preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is not merely a matter of statistical luck, but requires a foresight of effective preparation and competent insight — in other words, to be in that 10% as opposed to the 90%, attesting to the fact that, all in all, the 90/10 rule has some grain of truth to it, if only somewhat on a 10/90 scale.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Medical Retirement Help: Jobs — the true civil rights

Throughout history, across national and international lines of artificial demarcations; over barriers confining and limiting all conceivable sectarian ceilings; in every society, community and communitarian conglomeration where people must live and tolerate one another, there has always been an allegation of unfair treatment, discriminatory division, and biased cacophony of complaints.  Perhaps all of them are valid and legitimate; perhaps some are and others not as much.

Whether by ethnic identification, normative connection, racial similarities or shared sexual orientation, the treatment by any given society of a group bifurcated by an identifiable feature of appearance, lineage or historical caricature, is forever fraught with inherent complexities.  Politicians have their own motivations for agreeing or disagreeing with a group’s alleged violation of “rights” in a society; beyond the vote, they want the financial support and agreement to refrain from disruption of speechifying and rallying.

The problem with each identifiable claim of unfair treatment, however, is that the impact upon other groups outside of the chain of identification can be so alien as to defy empathy of relating; I am not my brother’s keeper if I cannot relate to the existential phenomenology of derisive treatment.  Yet, what has been “missing” in each historical movement shouting for equal and fair treatment, is the one and only true civil rights issue which touches every ethnic, racial and cultural divide — jobs.  It is the one component in every given society which touches every household, whether by racial, sexual or ethnic identification.  It provides for a standard of living; it gives purpose and substance to each individual; and it reflects upon the magnitude of a society’s caring for the aggregation of citizenry.

The flight of jobs leaves behind the devastation of towns and cities; and the abandoned homes and former factory buildings no longer bright with endless rows of fluorescent lights after many have gone home, is a testament to the blight of future hopes and dreams.  Decade after decade, we hear of “trade agreements” which will “brings jobs back”; but to whose benefit?  No one ever asks that question.  And as each year the jobs flee, the trumpeting of the next great “agreement” is touted from the soapbox of hope.

Sometimes, it seems that we all fall prey to the conmen of political expediency, where taking up causes which divide and separate, while ignoring the only true cause which matters, is done with purposive infamy.  Indeed, that very same issue is often the stumbling block for Federal employees and U.S. Postal workers who are considering 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.

The Federal or Postal employee who suffers 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 his or her position, will often pause because of the very nature of change — of the loss of one’s job, lessening of income, and alteration of circumstances.

Having a job is always a comfort of security, and sometimes a luxury of sorts, especially if you are healthy and able.  In many ways, it is the one and only true civil rights issue, and for the Federal and Postal worker, to “give up” that “right” when it has been the source of one’s identity — not to a group or with a status based upon a cultural divide, but upon the singular factor which matters to most — of pride, productivity and purpose, it is often understandably difficult to take the next but necessary step in preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire