Tag Archives: medical disability retire specific diagnosis

FERS Disability Retirement Application: Even in…

More and more, insanity appears to prevail and pervade everywhere, and thus do we all say, “Even in … “ Even in Japan, gun violence occurs; even in Copenhagen, mass shootings can happen; even in….  Why is it that nothing is ever contained within the locality of the occurrence?

Once upon a time, something which happened in another city, a different town, a far-away village, would only travel via a post-marked letter, with a newspaper clipping inserted within the letter — an envelope received from afar.   Nowadays, everything is instantaneous; for, with the internet, we have become that “global village” which the IT gurus have been pushing for, for so many years.

Will there come a time when some countries ban the use of electronic devices?  When the world of electronic devices were first invented, was a consensus taken, a vote given, a poll requested — as to whether anyone wanted this world?  Or, did the likes of Bills Gates, Steve Jobs and others simply dictate to us all that, whether we liked it or not, technology is here to stay, and all the while they can amass their wealth and laugh at the rest of society?

For Federal employees and U.S. Postal workers who must consider filing for Federal Disability Retirement benefits under FERS because of a medical condition which now prevents the Federal or Postal worker from continuing in his or her career, fortunately, even in the Federal Government, there exists laws which protect the Federal and Postal employee’s rights when a medical disability no longer allows you to continue.

Such disability retirement benefits do not, more often than not, exist in private-sector or even state and municipal jobs.  So, to that extent, one cannot use the term, “Even in a private-sector job”, or “Even in State government jobs”, etc.

Contact a FERS Disability Lawyer who specializes in OPM Disability Retirement Law, where even in this day and age, the Federal sector provides some good benefits for its employees.

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: The Drama of Life

There is drama everywhere — whether in theaters, local plays, movies or daytime soap operas, the drama of life is being played out.  “Drama”, “dramatic”, “melodrama” — whichever word or concept you apply, we all know what it means.  Most of us try to minimize it, avoid it, marginalize it — and the quick response to cut it down to size is often, “I’m not into that kind of drama” or, “Aren’t you being a bit over-dramatic?”

Once upon a time the fable of lessons learned included “The Boy Who Cried Wolf” — of that story with a moral lesson of the importance of truth-telling, and if you over-dramatized a lie too often, your reputation would suffer.  And so the moral of the story taught 2 things: “Truth” is important; creating drama for your own amusement would have consequences.

But in life, there are times when the drama of life cannot be avoided.  One such time is when a Federal or Postal employee is beset with 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.  That is a time when the drama of life must be faced, especially in terms of a career choice — of whether you can continue on, or file for Federal Disability Retirement benefits under FERS.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law and begin the process of facing up to the drama of life.

Sincerely,

Robert R. McGill, Lawyer
FERS Disability Retirement Attorney

 

OPM Disability Retirement for Federal & Postal Employees: That Lost Innocence

Can innocence lost ever be regained?  We often reminisce and shake our heads with wonder — what a naive, innocent young person we once were.  Do we yearn for that time of innocence?  Or, do we shake our heads at the stupidity we once exhibited and scurry away out of embarrassment?

With the present knowledge of cynicism and the current state of wisdom gained over these years, do we wish that we could recapture those day of youthful folly and have the chance to do it “all over again”?

If we could go back in time, would we take advantage of others with the knowledge we have today, applied in a context of prior innocence where others around us were also unaware and unsophisticated? Would we live our lives differently, knowing that today’s regrets were yesterday’s lack of understanding?  Is it true what the grumpy old man on the porch said in the perennially-watched movie, “It’s a Wonderful Life” — that “Youth is wasted on the young” (or was it George Bernard Shaw who first uttered those words?)?

What would we do differently with present wisdom applied to past circumstances?

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 worker or Postal employee to perform all of the essential elements of his or her Federal job, the opportunity to regain that lost innocence may be forever foreclosed.  You know — that time when work was a breeze and daily challenges were met with aplomb.

Federal Disability Retirement is a benefit that needs to be considered when that time past where innocence lost can no longer be regained and has now become a reality where the Federal Agency or the Postal Service cannot or is unwilling to accommodate the medical condition which remains unresolved.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law, lest the innocence lost becomes a greater loss by adverse actions initiated by a Federal Agency or the Postal Service who takes advantage of the lost innocence that is now nowhere to be seen or found.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: The Source

Every vibrant and expanding civilization relies upon it; the crumbling ones disregard it; and the stagnant ones begin to question their necessity. It is applied in various contexts, but the importance of maintaining its relevance as the authoritative foundation cannot easily be dismissed.

We hear the word used in different contexts: Whereof the source of the the River Nile? What are your sources in arriving at your conclusions? And are they “original sources”, or “secondary” ones? And of the infamous “anonymous” sources — can they be trusted, or does the mere intimation of anonymity betray an unreliability precisely because there can be no accountability by the very nature of a faceless and nameless origination?

In modernity, since everything is “sourced” through Googling, and very little attribution is verified by “original” sources, does it matter anymore whether one’s asserted authority for declaring X, Y or Z is based upon primary or secondary “sources”, or even if it was an anonymous “third-hand” source?

Furthermore, does an obscure source of a little-known citation have any greater impact than one that is well-publicized and of common knowledge to all? If, in the course of a conversation, everyone relies upon the believability of a “source” — say, a stockbroker who has never been wrong, but then someone pipes in that “so-and-so” says to stay away from that company because it’s about to crumble under its heavy debt-structure” — who do we believe? Does it matter if the “so-and-so” referred to is a Board Member, or some insider at the accounting department of the company who is “in the know”?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is impacting the Federal or Postal Worker’s ability and capacity to continue in his or her career, the sources and resources that you put together in preparing, formulating and filing your Federal Disability Retirement application should be original, reliable and dependable. — from the doctors who support you, to the lawyer who will represent you, to the credibility of the “sources” you gather.

For, in the end, the search for the source of the Nile matters not for “where” it is, but from what mystery of origination would flow such that the beauty of a civilization would spawn such a wealth of culture and originality.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Outward appearance, inward thoughts

It is, of course, the core of Western thought, originating from Socratic arguments against placing one’s faith in the “appearance” of things as opposed to the Platonic Forms that represent true Being; and through Aristotelian arguments of a “substratum” that underlies the outward appearance, to the certitude of Cogito, ergo sum; then, the inner reliance where subjectivity and objectivity coalesce and the distinctions became undoable by Wittgenstein’s standards of banishing all Philosophical problems to mere linguistic confusion, and the belittling scoffs of Russell’s mischievous analysis; these, and many more in the history of contemplative reflection that has haunted the aggregate of outward appearance versus inward thoughts.

All of which brings us to the core of so many medical conditions – where so much cannot be seen and we often have to “exaggerate” just to get people to believe us.  Take “pain”, as an example – one can be in excruciating pain, and yet remain unemotional about it.  Even if an MRI result shows that there is a physical basis for which the pain is experienced, nevertheless, pain by definition is a subjective component, and cannot publicly be quantified.

That is why conditions such as Fibromyalgia, Chronic pain syndrome, Failed Back Syndrome, not to even mention Major Depression, Anxiety, panic attacks, etc. – how does one persuade others of the “real-ness” of the condition?  Broken bones, malignant tumors, catastrophic injuries; these, inward thoughts (believability) are consistent with outward appearance.

There is, in the end, a distinction with a difference that must be acknowledged, between “having a medical condition” and “proving a medical condition” – especially when it comes to preparing, formulating and filing an effective Federal Disability Retirement application.  There are, moreover, certain factors that “favor” the Federal Disability Retirement applicant – such as the standard of proof (Preponderance of the Evidence, as opposed to higher legal standards out there); the weight and validity of a treating doctor’s opinion; and certain clinical evidence that moves the chess pieces beyond mere subjective opinion, thereby bridging the gap between outward appearance and inward thoughts.

Preparing an effective Federal Disability Retirement application requires more than just gathering a pile of medical documents and submitting it. In the end, the Federal Disability Retirement applicant must PROVE one’s case, in order to get beyond mere outward appearance and inward thoughts.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: The narrative we write

Each of us carries a narrative within; the David Copperfield segment of our otherwise unrevealed lives.  It is who we are; the past that enlivens or diminishes; the memories of yesteryear or just a fortnight ago; and it resides continually until that day of atonement or the diminishment though dementia of fated unkindness.  What we say; how it is written; how it is related through the handed-down oral traditions of storytelling and bemused tales of a Dickensian happy endings (excepting Little Nell and other debatable few unnamed); and how it is told, in what manner, with what punctuations and unctuous phraseology applied; these matter, especially when others are listening.

Perhaps, in modernity, the oral traditions of storytelling have disappeared, like graveyards unvisited because of loss of faith.  Once, family members were buried on the plot of land in the pasture behind; now, that plot is another suburban home, easily fungible and sold if profits justify enough.  Lineage is irrelevant, except to search one’s genealogy in order to establish the bloodlines unique to resist disease and incest; and as children listen not to the storyteller at dinnertime, but to rap singers on iPods and Smartphones, and digitized voices in virtual fields of games and electronic media; even they get their sense of who the “I” is, by songs uttered with vitriol and You-Tube clips streaming for self-aggrandizement.

We lament that which we have no control over, yet do nothing to exert but a trifle of influence.  The standard adage should remind us:  “Garbage in, garbage out”; and, yet, who among us steadfastly maintains the duties of the vanguard who must imperviously maintain a standard of who is invited and what is kept out?  Or, does “popularity” rule, and the old edict by a shoe company trying to dominate the cutthroat world of sales and profitability, “Just do it” – is that the philosophy we follow?  Or, how about, “If it feels right (or good), then…”

The narrative we write is the storyline that follows, and the byline that stamps its approval at the bottom of the tale acknowledges who we are, what we believe in and where we intend to go.  What would your response be if a child suddenly came upon you and asked, “Who are you?”  Would the narrative that bespeaks include struggles encountered, battles engaged and promises kept?  Or would the story be a confused delineation of a skeletal clutter, barely recognizable as a unique reflection of the angels we fly with?

For Federal employees and U.S. Postal workers who are preparing, formulating and 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 narrative we write, especially on the Standard Form 3112A, is perhaps the penultimate component of the essence of the effective Federal Disability Retirement application.  How it is written; what information it should contain; the relevant period of discourse; the proper delineation in answer to the queries; these must all be taken into account before submitting it to OPM.  And, just as the response to the query by the curious child should give one pause, greater reflection before submitting an SF 3112A to OPM should be taken, lest the narrative we write reflects that which we no longer want to own.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: ‘Can’ and ‘Have to’

The category of the latter has diminished in recent years, as the general populace has mistakenly misinterpreted the distinctive definitions of liberty and freedom, and reassigned meanings as license and anarchy.  The blank column of the former concept has come to be full, despite the reality of the economic downturn and the shift into a global economy that, we are told, is an inevitable consequence of human progress.

We were taught that the march of progress required the destruction of the American West, where a way of life needed to be trampled upon and destroyed in the name of advancement and civilization; that each step of innovation and progressive paradigms constitute an almost Hegelian fatefulness, and resistance is merely an act of futility within the aggregation of the Leviathan called “Progress”.  The modern parlance consists in the acceptance of every innovation of technology, to the extent that Orwell’s dystopian premonitions have been surpassed by a reality now accepted as mundane and commonplace, and we fail to realize that his magnum opus of a totalitarian future could have been heeded, but now is merely embraced with a yawn and barely a glance backward.

The more that society comes to believe in that which we ‘can’, as opposed to the obligatory mandate of ‘have to’, the less likely is there of a resistance to authority.  And, until the police raid in the middle of the night or the unquestioned stop and search on a highway where others just whiz by without puzzlement or curiosity, is experienced personally by a given individual, the onerous nature of laws passed in the name of safety, security and preventative measures, will be merely a conceptual haze masked by an obscure hypothetical.

Instead, we live day-to-day in the conundrum of being told that we ‘can’ do what we want, desire and fantasize about, and there is little that we ‘have to’ do.  Thus do infidelity and divorces occur; of abandonment of family ties based upon tropes of scintillating sensations; and goals set aside in the namesake of present pleasures.

There is a category of individuals, however, where the luxury of ‘can’ cannot be replaced by mere want of ‘have to’ – a person with a medical condition.  For Federal and 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 ‘can’ once relied upon transforms into an inability.

Once the inability to perform one or more of the essential elements of one’s Federal or Postal position becomes a reality, then the ‘have to’ is finally realized – of preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Do not let the muddle of incessant trope involving ‘can’ become confused with ‘have to’ – for, when one comes to a point of ‘must’, it is time to prepare, formulate and file an effective Federal Employee Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Disability Retirement: The anomaly of insularity

Society’s steady progression towards greater insularity has been accepted as a mere inevitability that must be tolerated, resigned to, and ultimately embraced with little resistance and no objectionable diatribes, except by those madmen and social commentators who defy and decry and parade and parody of innovation as the essence of civilization’s manifest destiny, replacing the previous paradigm that engaged in the systematic genocide of the civilizations encompassing the plenitude of American Indians in a past century or so – but let us not digress and focus too much upon such a path (i.e., a small hint:  read the tragic but necessary work recently released, by Peter Cozzens entitled, The Earth is Weeping, if you want to understand the true heritage of our past “westward progress”).

Insularity goes against every grain of Darwinian truths:  Look around you (if you are not already distracted by your own Smartphone, laptop or other electronic device); who among you and surrounding you are looking at a screen of one sort or another?  Are heads pasted between eyes glazed and a few inches or feet beyond, to a fluorescent screen of inestimable attraction?

Concurrently, what is occurring in that “real world” that we so decry – of a reality that includes “others” in true flesh; of nature’s blossoming or closing, depending upon the season we are in; of planetary alignments and weather changes; and, in the end, of actual people reaching out in a world where virtual reality has replaced humanity’s quest for love.

Man has always had a differentiating and unique feature – of the Shakespearean aside in uttering a poetic soliloquy; of reflecting upon inner thoughts and seeing no further beyond than the mind’s eye as one wanders through an impervious universe; of reminiscing about a past already lost, calculating for a future which may never arrive, and foregoing present pleasures for delayed contentment.  But modernity has changed all of that.

The past is no longer relevant as old men and wisdom of what once occurred as generational transfer of lessons learned are shuttled into nursing homes where dementia prevails upon wasting souls; where future predictions of dystopian fantasies dominate through electronic entertainment and virtual realities that have replaced that singular tree that grows in Brooklyn; and how the world of the Internet, Skype, Instagram and Facebook constitute the entirety of one’s insular world.

Yet, insularity has its consequences.  For Federal employees and U.S. Postal workers contemplating 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 reality of the medical condition still maintains that anomaly of insularity, in that the world of pain, anguish or anxiety-stricken psychiatric conditions reflect back upon the individual suffering, and the “outer” world cares not a twit about the individual circumstances.

But reach out, one must – for, in order to escape that anomaly of insularity, the Federal or Postal employee must step outside of him or herself, and begin to prepare an effective Federal Disability Retirement application, and that is precisely the “key” to breaking that vicious circularity that encompasses and engulfs one in the very anomaly of insularity, within a conundrum of an uncaring universe, amidst a sea of unsympathetic drones within the Federal agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire
Postal & Federal Employee Retirement Attorney