Tag Archives: medical pension lawyer for fers government employee

Federal Disability Retirement: The Music of Yesterday

There is a mournfulness in listening to yesterday’s music; of evocative memories and places we have been, the person we once were, the relationships previously haunted.

The clutter of a busy life barely allows room for music to be appreciated.  To have the patience for classical music requires time, which we no longer have; for other kinds of music, the dashing about to get stuff done allows only for the radio’s capture of time, and that, only if you leave your thoughts behind.

One is often struck by the innocence of the lyrics of past music; and while commercialism has determined the relevance of the music of yesterday, nevertheless, it is fun to sometimes listen to the actual lyrics of a couple of generations ago, and pause to appreciate how depraved we have become when compared to the explicit language of today.  The music of yesterday, if listened to, reminds us that the past was a different time than modernity.

Likewise, those with chronic medical conditions are reminded that bad health was not always the case, and the music of yesterday stands as a metaphor and testament that we were all once young, healthy and vibrant.  What changed?  Just as the quality of music changed, so our lives have changed.

For Federal employees and U.S. Postal employees who need to consider applying for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under the FERS system, the music of yesterday necessarily reminds us of that period of yesteryear when health was taken for granted.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement under FERS, and consider whether the Music of Yesterday might not be appreciated with greater vigor once you can focus upon your health, when you can retire on disability retirement and take the time to regain that which has been temporarily lost.

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: Worth Fighting For

Some things in life are worth fighting for; others, less so; and still others, of waning reactive significance such that the minimal relevancy to one’s life should make it evident that walking away from the issue is the wiser course of action.

Of course, there are those who never make a discretionary judgment as to the priorities of expending time and energy in the fight itself, but who — because it is being opposed — must by reactive necessity fight the fight.  Perhaps the person was a schoolyard bully; or, in childhood, he or she had to always “prove something” because of some trauma of inadequacy.

Then, there are the total opposites — those who give up and scurry away at the first sign of conflict or contention.  All of us have those in our families — when a “spirited” discussion begins to develop, the niece who slinks away or the uncle who turns suddenly very quiet, or the aunt who interjects with, “Let’s keep out voices down; we can all hold our own opinions.”

But some things are clearly worth fighting for — like a benefit which was promised when we first entered employment.  Federal Disability Retirement is one such issue worth fighting for.  Contact an attorney who specializes in FERS Disability Retirement, and begin the process of fighting for something worth fighting for.

Sincerely,

Robert R. McGill, Lawyer

 

Filing for Federal Disability Retirement: Yesterday’s Tomorrow

Yesterday’s tomorrow is today; tomorrow’s yesterday is also today; and whether you view today retrospectively or prospectively, it is the here and now that presents the opportunity for existential impact; for, the rest is purely a hypothetical construct which can be either projected or remembered, and whether as yesterday’s tomorrow or tomorrow’s yesterday, what we do today is what impacts upon today’s tomorrow and tomorrow’s day after.

Given that, it is best to try and take care of “business” today, and not let yesterday’s tomorrow and tomorrow’s yesterday become so burdensome as to persistently procrastinate as tomorrow’s problems, and the day after, and the day after that.

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 time to act is today.  Filing a Federal Disability Retirement application through FERS can be a long and arduous process, winding through a complex bureaucratic maze of statutes, laws, regulations and multiple administrative obstacles.

Contact a Federal Disability Retirement Lawyer today so that yesterday’s tomorrow and tomorrow’s yesterday do not get unnecessarily filled up with tomorrow’s procrastinated list of yesterday’s “things to do”.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

Medical Retirement for Federal Workers: Believing in something

It is difficult, these days, to do so.  One can, by rote of habit, engage in the taciturn void of Gregorian chants, of hardened wood to kneel upon in prayerful silence where altar boys were muffled in horror in backrooms somewhere behind the hidden conscience of priests who, holy though they appeared, were but men of fleshly wants; or of giving when the televangelist prayed for miracles and allowed the camera angle to capture the piety of a winking heart.

Modernity defies believing in something.  We scoff at piety because we learned long ago that priests in dark robes were merely cloaked in outward appearances while engaging in acts of desecration behind closed doors, and gurus who rode around in expensive cars while preaching the gospel of meditative calm possessed devious thoughts untold behind craggy beards and beady eyes; and so we have lost the capacity for believing in something, anything, and let our children roam the streets of nihilism, sensual extortions of human bondage and the virtual reality of video consoles, only to be disappointed when they find emptiness in their lives reflective of an endless chasm of dreamless nights.

Once upon a time, Johnny believed in things; and then the marching band stopped when wars became endless, where speeches no longer carried the weight of conscience and greed seemed rampant in the daily lives of believers and beggars alike.  A priest once told this writer that he wished that the Church would sell all of its assets and go back to being the mendicant preachers we once were; but that was years ago, and not much has changed.

For most of us, we continue to cling to the thin reed of possibility; for the rest of us, we must contend with the reality of life’s trials: of work; family; health and friendships; and perhaps the belief in a tomorrow yet to be fulfilled with promised days of warm memories.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition has begun to prevent one’s ability and capacity to perform one or more of the essential elements of one’s Federal or Postal job, believing in something is a foundation for the next steps to take: Of a Statute in Federal Disability Retirement Law that sets forth a criteria to be met, and then to set about proving that one has met them.

Often, believing in something is nothing more than acting upon a need and setting about fulfilling that need; and for Federal and Postal employees who need to file for a FERS Disability Retirement, consulting with an attorney who specializes in Federal Disability Retirement Law is the first step towards believing in something that you have a right to believe in.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Answering the question

What constitutes “answering the question”, and more importantly, how does one determine when its opposite occurs — NOT answering the question?  Does the former occur if the questioner fails to follow up, and does the latter become an issue if the person asking responds with, “That doesn’t answer my question,” or some such similar declarative assertion?

Take the following hypothetical:  Person A asks Person B, “So, where do you come from?”  Person B answers, “The skies of Normandy were grey on that June day in 1944.”  Now, Person A could have various responses to such a statement, as in:  1.  “No, no, I asked where you came from.” 2. “Are you telling me that you come from Normandy, France?”  3.  “That doesn’t answer my question.”  4. Or, silence, with no follow-up.

Person B, of course, could similarly respond in variegated ways, as in:  A.  “I just told you.”  B.  “Yes” or “No” (in response to the follow-up question, “Are you telling me that you come from Normandy, France?”).  C.  Silence, or “Yes it does.”  D.  Nothing further.

It may be that Person B simply has a poetic bent, and from his perspective, the mundane query was answered in a metaphorical, literary manner.  More to the point, however:  Who determines if a question has been answered (leaving aside the further query of whether the answer itself has “sufficiently” or “fully” been responsive to the question) — the one who asks, or the one who answers?

In a normal conversation, of course, the issue rarely comes about; in an argument where one or the other side, or both, are trying to get answers and defeat the other side, the heat of the moment may determine the answer to the question; and the penultimate paradigm of the question, “Who determines whether the question has been answered?” occurs in the highest form during a deposition or cross-examination in the legal arena.

Observing what occurs during a court proceeding is an interesting experience of human behavior; of the back-and-forth between counsels and the witnesses being deposed or examined, as in:  “You didn’t answer the question.”  “Yes, I did.”  “I asked you…”.  “Asked and answered.”  “Objection, the question has already been asked and answered.”  And on and on until a singular point is pursued to an exhaustive level ad infinitum and ad nauseum.

Is the issue of what constitutes an answered question somewhat akin to the question or “original intent” — i.e., that just like an author’s original intent as to the meaning of a written document is what should rule, similarly, the person who asks the question has the sole power to determine whether or not the question asked has been answered, and moreover, adequately and sufficiently answered?

For Federal employees and U.S. Postal workers who are beginning the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, these questions concerning the “answering of questions” will and should come to the forefront when confronted with the questions asked on SF 3112A, Applicant’s Statement of Disability.

Inasmuch as the U.S. Office of Personnel Management has promulgated the questions in a carefully-crafted manner, there are some inherent pitfalls and dangers in what constitutes an adequate response, a sufficient answer and the complete delineation that rises to the level of a satisfactory statement.

SF 3112A is replete with unanswered questions within the very substance of each question, and the answers you provide are best guided by an attorney who has had the experience of legal encounters previously, and who specializes in the Law of Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: The Grammar of Life

How we speak about the world; the words we use, the vocabulary inserted; and of the commas, hyphens and semicolons inserted; are they merely contained within the language games engaged, or are they reflective of a greater whole within aworld that views reality through the lens of language? Does what we say, how we speak, the words we choose and the accent intoned make a difference – and, if so, how, to whom and to what extent?

Certainly, it shapes how “others” see us, but what of our own self-image and the role we play in the everyday discourse of life?  When we refer to the “grammar of life”, the connotations and insinuations are endless; for, in this age of modernity, where most of us rarely encounter the objective world – except when crossing streets, sitting down for a meal or engaging in private acts otherwise unseen and unheard – but remain within the various “language games” of discourse, thoughts, self-reflection, analysis, contemplation and soliloquys.

Think about it; what amount of time is spent on reading, writing, responding to emails, getting on the computer, viewing, watching a movie, a video, discoursing with someone else, on our smartphones, texting, etc.?  In all such amalgamations of activities just described, we are merely engaging in the grammar of life – of the rules of speaking, emailing, texting, commenting, responding, initiating, etc.  The remainder – of actual engagement in the reality of this “objective” universe we must contend with – has become but a fragment of this surreal, virtual and insular world.

How much time have we spent on “perfecting” or otherwise becoming more skillful in maneuvering through the curves and pitches of this new reality?  Have we mastered the grammar of life, or are we just bumbling through the discourses as if reality is merely a byproduct and encountering the “world” is but a means to an end?

The Grammar of Life is important to recognize, because we spend a great deal more time in it than we recognize or admit to, and we were drawn into that alternative universe without any deliberative intent or acknowledgment of choice.

For Federal employees and U.S. Postal workers who are considering 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, you need to prepare to engage a “special” section of the Grammar of Life when coming up against your Federal Agency, the Postal Service and OPM, when preparing an effective OPM Disability Retirement packet.

For, in the end, it is the “ultimate” of putting together a compendium of language games – from how the medical reports and records are presented; to the legal arguments made; to the fashioning of the Applicant’s Statement of Disability on SF 3112A – all constitute and are comprised of the Grammar of Life, and if you have not been preparing throughout your life to take on such a challenge, it may be a good idea to consult with an attorney who has honed the skills of what to say, how to say it, and when to say it, which are the three essential rules in the Grammar of Life.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The advantageous disadvantage

In life, we often fight over things even when the goal has already lost its meaning, or the resources expended far outweigh the benefit to be gained.  We take advantage of things, people, and other concerns, despite knowing the consequences of harm to the very essence of our being.  It is as if the evolutionary core of our DNA determines our actions, like addiction upon the dawn of broken promises and childhood wisps of tearful mournings left behind.

Determination of actions despite knowing, and despite the constant drum of billboards, radio advertisements declaratively preaching against, and the distant voice of one’s nagging mother — ineffective reminders like shadow boxing before the perfect storm.

For Federal employees and U.S. Postal Service workers who struggle daily with 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 positional duties with the Federal agency or the U.S. Postal Service, the daily fights and taking advantage of the slow process of justice in remaining in the Federal job or the Postal position, is a toil of principle; but of what gain is there if one’s soul is being destroyed?

The Leviathan of Legendary Lore bespoke of creatures who destroyed without care or compassion; and today’s metaphor of such monsters are represented by gargantuan bureaucracies which crush without blinking an eye, unaware of just another number in a long line of conquests like unnamed tombstones in an abandoned graveyard.

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, is a step towards taking advantageous advantage over a situation which has become untenable; the procrastination and delay in order to fight the Goliath of modernity, is to remain in a rut where one may continue to take advantage of a disadvantageous situation, and remain in the clutches of a slow torture, like the frog who sits comfortably in a pot of warm water, unaware that it sits on a stove set for boil.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement from Federal Employment: Far-Flung Universes

Each generation tells a generic story reflective of the times; and thus did the Great Depression era produce movies and epics with undertones of escapism from the harsh realities of life; of the 60s, the fear of nuclear holocaust and the confrontation of the Cold War; of the following decade revealing the hesitation for  technology and its pervasive intrusion into the privacy of our lives; and so on, so the anxiety, fear and loathing goes.

Throughout, people escape in their own private ways, through daydreaming, imaginative time-travels as in the classic short story by James Thurber depicted in, “The Secret Life of Walter Mitty”; and other times in nightmares and dreams controlled only through the breaches in our subconscious.  It often seems as if the far-flung dimensions and dominions of hope save us only through living in those other-world universes, if only for a moment, a period, a time and a day.

Vacations and weekends only delay the inevitable, and then the harshness of who we are, what we have become, and where we are going, all come crashing back, like the rolling waves of thunderous whitecaps which bellow in the echoing chambers of the far recesses of our minds.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to threaten one’s livelihood, resulting in the Federal agency or the U.S. Postal Service beginning subtle (or not so) noises of increasing pressures through adverse actions, like unpleasant abdominal groans which should remain private but echo out into the public domain, it may be time to escape the escapism of the alternate universe and become “real” by 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.

Other and far-flung universes offer hope beyond dreams, but when the dream is shattered by the progressively deteriorating forces of a present-day reality, it is time to travel back to the origins of reality, and face a full-frontal confrontation of what the pragmatic steps of day-to-day concerns must by necessity bring, and begin to prepare, formulate and file for OPM Disability Retirement benefits.

Alternate dimensions indeed reflect the times one lives in, and may even represent a pleasant moment in time, a respite away from the harshness of today’s reality; but when the awakening occurs, one must shake away the cobwebs of fantasy, and face the serious concerns of one’s angst-filled day, as the medical condition will not go away, the Federal agency and the U.S. Postal Service will not fade, and the fight to survive will remain as real today as it will be tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Foreign Lands

There was a time when foreign lands had a sense of the exotic and prohibitive; but in a shrinking world, where technology brings images of distant scenery into homes and living rooms “as if” time and geographical dissonance matters not; and where virtual reality and computer graphics crosses the bifurcated worlds of fantasy and reality; today, it is the native who finds that being a foreigner in one’s own country is far more common than merely the inability to communicate  effectively in a different tongue.

Being in a foreign land is merely a state of mind; the pendulum swings, and swings far and wide, when first one enters a territory of unfamiliarity; but over time, with growing acclimation and recognition through daily routines, the distance of the pendulum harkens back to a beginning point, and a balance is achieved.

That is how one felt when first the career and employment entered with youthful vigor was embraced just after the school days of yore; the tingling excitement of a new venture, a steady paycheck and fresh with ideas to conquer the universe filled the cauldrons of hope, and where the future beckoned but with endless opportunity and fenceless expanse.  Crisis points have a jarring effect.  They tend to dampen spirits and shake the foundations of confidence and composure.

For newly disabled Federal employees and injured U.S. Postal workers who are hit with a medical condition, even sometimes a mildly disabling condition, the sense is often that one has entered into a foreign land, and the language spoken is one which few understand, fewer still speak well, and where only a handful are willing to take the time to give explicit directions.  Suddenly, the very people who were once comrades in coordinated efforts of missions to accomplish, act as if they no longer know you; familiar doorways are suddenly shut; people whisper, and whether they do so in hushed and incomprehensible tones, or in a language unfamiliar, all amounts to the same.

The need to apply for a visa to exit the land once loved, becomes a reality to forebear; and the Federal or Postal worker who can no longer perform one or more of the essential elements of one’s job, must consider carefully the ramifications of leaving that land once beloved, but now distant in space, time, and geographical reality.  One has become a foreigner in a foreign land; and the exit still open is to file for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

How, and whether, and to what avail, such tragedy struck, is not as important for the time being as the pragmatic steps needed to be taken in order to secure one’s future.

When war breaks out in a foreign land, the pawns to be captured and traded for barter and advantage often involve the vulnerable and the expendable; and having a medical condition which impacts the Federal or Postal employee’s capacity and ability to perform in the workplace, often becomes like a war zone of sorts; and filing for Federal OPM Disability Retirement benefits  is merely another type of fight, of a bureaucratic sort, through an administrative maze in another foreign zone of battle.

For the Federal and Postal employee who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s positional duties, the time to exit is before the borders are sealed, and to enjoy the scenery of foreign soil from the safety of one’s home.

Sincerely,

Robert R. McGill, Esquire