Medical Retirement Benefits for US Government Employees: The Identical Scene

People tend to watch things over and over again which they consider to be their “favorites” — until the repetition itself becomes monotonous through overexposure.  We can all ruin a good thing, can’t we?

We can admire an actor, novelist or some so-called “star” — until we read and learn about their personal lives and realize that appearance doesn’t quite match reality.  We can have a favorite scene in a movie or television show and watch it repeatedly — until the uniqueness of it wears thin and we begin to see beyond the wonder by which we were first captivated.

That “identical scene” is something we live in real life, as well — of getting up, taking care of our personal hygiene, commuting to work (except during these recent, pandemic times), seeing the identical scene of working, day after day — until an intervening event disrupts that identical scene, such as a medical condition.

When a medical condition disrupts our lives, those identical scenes become hyper-enhanced to the point where each day is no longer monotonous nor identical, but instead, each scene is a unique frame because of the medical condition itself.  That once “identical scene” no longer becomes a favorite one, precisely because of the medical condition itself.

At that point, you need to consider filing for Federal Disability Retirement benefits under FERS.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether the identical scene you once enjoyed has now become the dreaded scene of real life.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Help: OPM’s Medical Specialists

OPM — the U.S. Office of Personnel Management — has “Medical Specialists” from the “Boyers Division” to review, evaluate, assess and ultimately make decisions upon each Federal Disability Retirement application submitted by Federal and Postal employees under FERS.

Now, there is no doubt that they possess unique medical knowledge — to whatever degree that they hold, from whatever perspective they come from, and the context of their applying such knowledge and background, etc.  But they are not lawyers.

Doctors and nurses have a specific perspective in viewing the world, just as lawyers and engineers, also, have a unique perspective. Their background and expertise is like a colored lens through which the world is seen.

Federal Disability Retirement is not just about a medical condition; it is, instead, the nexus between the medical condition and one’s ability/inability to perform one or more of the essential elements of one’s Federal or Postal job, within the context of a continuously-growing body of law.  That is why OPM’s Medical Specialists are often wrong in their conclusions in making a determination on a Federal Disability Retirement application.

If you need to file for Federal Disability Retirement benefits, or have been denied such benefits from OPM, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law; for, in the end, it is not up to OPM’s Medical Specialists to make the final conclusion on a Federal Disability Retirement application — rather, it is The Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: The Perfect Case

If planning leads to perfection, does it necessarily follow that lack of planning renders its opposite?

There are rarely perfect cases in a Federal Disability Retirement application.  Most people do not go to their doctors with the predetermined view of filing for Federal Disability Retirement benefits, and most doctors (other than those specializing in providing disability assessments, evaluations, etc.) are there to treat their patients in hopes of ameliorating the underlying medical condition.

If “planning” is what makes for perfection, then lack of planning — in other words, just “living life” — makes for the imperfect case, and that is where the U.S. Office of Personnel Management pounces upon and attempts to characterize such imperfections as a valid basis for denying a Federal Disability Retirement application.

Thus, it is important for a Federal employee or U.S. Postal worker to consult with a Federal Disability Retirement Lawyer once you begin thinking about the future need to file for Federal Disability Retirement benefits.  For, while there may never be a “perfect case”, some amount of thoughtful planning prior to submitting an OPM Disability Retirement application is necessary in order to get as close to perfection as possible.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Fight

Not everyone relishes one.  Yet, the challenge comes about often when we do not expect it, when our proverbial defenses are down and we cannot muster the energy to properly engage it.  For children on the rough-and-tumble playgrounds, it can be over in a matter of minutes, where a few black eyes, a scrape and a bruise may be the worst of it.  For adults who actually engage in a fist fight, more serious consequences may ensue, and beyond hurt egos and wounded pride, there are laws against assaulting and battering.

But there are many other forms of “fighting”; of neighbors squabbling over overgrown trees which cross fence lines; of public debates and shaming; of aggressive trolls on the Internet.  Time was where once there were unspoken “rules” (like no hitting below the belt; no scratching or kicking, etc.), but with all-out “mixed martial arts” and other forms of unfettered fights, it seems that the art form (if there ever was one) is gone, and the only thing which matters is the outcome.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the “fight” is against the U.S. Office of Personnel Management, and fortunately for those who engage in this fight, there are rules by which all combatants must abide: The Statutes, Rules, Regulations and Case-Laws that circumscribe and dictate how the fight must be implemented and managed.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and find out what the rules are governing Federal Disability Retirement Law before you are in the “thick of it”; for, you do not want to have been taken unawares by a sucker-punch before you know what to expect.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Hunt for Nirvana

The initial question is: Is there even such a state?  That would, of course, preemptively undermine the very “hunt” for it, precisely because it would be an act of futility.  On the other hand, don’t most of us chase after chimeras of various sorts — whether of fame, wealth, lost loves or repressed daydreams?  So, why not hunt after the paradigm of paragon-like virtues — a state of release, of a transcendent experience devoid of self, suffering and selfish self-centeredness; or, as some might say, of a death-like state in living form.  Many would not even have a desire for such a state.

The amalgamation of we “think” is the state of Nirvana is probably quite different from the actual concept as attained or sought after by those who profess a belief in it.  It is the complete loss of self; of a state where one’s ego no longer exists, and with its disappearance, both sides of the human “coin” are also transcended: pleasure and pain.  One cannot go through life without its opposite and corollary: If you are capable of experiencing pleasure, then you are open to feeling pain, just as the person who can have happiness must by necessity tolerate sadness.  It is, unfortunately, part of being what it means to be “human”, and it is an act of futility if you try and expunge one while attempting to retain the other.  It is simply not possible.

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, it is likely time to consult with a FERS Attorney who specializes in Federal Disability Retirement Law.  Preparing an effective Federal Disability Retirement application under FERS is not a hunt for Nirvana; no, not even close.  In fact, it is another bureaucratic morass which can be a pain in the proverbial behind, and is a long and complex administrative process which makes the hunt for Nirvana like a pleasurable vacation in comparison.

Consult with an experienced attorney who specializes and knows about Federal Disability Retirement Law, and leave the hunt for Nirvana to those who like to trek through the Himalayan mountains.

Sincerely,

Robert R. McGill, Esquire