Tag Archives: medical restrictions fers opm attorney

FERS Medical Retirement: The Chance for Success

It is what everyone wants to know; we have all been accustomed to relying upon percentages — of probability theories from the likelihood of being struck by lightening to whether we will be attacked by a shark while swimming in the ocean (in both instances, of course, various factors come into play, as in: If you don’t venture into those circumstances which favor such calamities, the probability of such occurrences precipitously drops).

Or in the case of divorce, for example — Does including Elizabeth Taylor in the statistical analysis skewer the numbers— or those in Hollywood generally?

One can argue as to the accuracy of statistical analysis by questioning the data used, but we nevertheless seek assurance and find refuge in numbers, because of the impenetrable mysteries surrounding numerical certainties.  Math is a uniquely different language, and most of us struggle with comprehending its complexities while simultaneously defending its infallible status in the universe.

For Federal Gov. employees and U.S. Postal workers who have filed, or want to file for Federal Disability Retirement benefits under FERS, the question often posed is — What are the chances for success?  The answer, of course, is: It all depends upon the various factors underlying your own particular case.

However, one thing is quite certain: You must be prepared to fight for your case, a each and every stage of the process.  You must prepare an arsenal of weapons — not the least of which, includes the legal cases which favor and support your case.  It may be a self-evident proposition, but here goes: If you are not willing to fight aggressively against the U.S. Office of Personnel Management, you will surely lose.

So, take this simple advice from an experienced lawyer: Filing for Federal Disability Retirement benefits is not for the “faint of heart” and must be engaged in only with a view towards a “long and arduous slog”.

And as for the chance for success?  With the guidance of an experienced Federal Disability Retirement Lawyer, it can be exponentially enhanced.

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 under FERS: The Extracted Tooth

It must be a difficult profession.  Every analogy from time immemorial has always compared negative experiences with the process of extracting a tooth; or, of having a root canal, drilling away a cavity, etc.  There have been, in recent times, advertisements from various dental groups attempting to change its image and reputation — that the dental procedure has attained great advancements in technological approaches and, as a result, the “dental experience” is now a pleasant, almost welcoming encounter.

But do we believe it?  After being told by everyone else, in every profession and by all conceivable marketing techniques and approaches that there no longer exists any negative consequences for anything we buy or obtain, can we be fools enough to actually believe that the “dental experience” is now a pleasant one?

Anyone and everyone who has ever experienced a tooth ache knows that the extracted tooth is an experience to avoid, and were it not for the severe pain leading to its necessity, the dental chair is still one to avoid.  The analogies are replete: every negative metaphor and analogy is likened to it.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application under FERS, the analogy is probably somewhat applicable here as well: Dealing with the U.S. Office of Personnel Management in trying to get a FERS Disability application approved is like the extracted tooth.  It is not a pleasant experience, no matter how you might want to characterize it.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and allow for an experienced lawyer in the speciality of Federal Disability Retirement Law to take your place in that dental chair where the extracted tooth is yanked and experienced.

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 for Federal Employees: The Stresses of Life

And there are many.  Whether the mere acknowledgement of their existence helps to reduce the level, quantity and qualitative impact, is of course an unknown factor.  Psychology is not a perfect science — if in fact it is a science at all — and “talk therapy” may not be the course of efficacious betterment for everyone at all times and in all circumstances.

We were all told that life would get better if: If the world became more “connected”; If new drugs were discovered to control our stresses and anxieties; If a certain standard of living were to be achieved; If …. Yet, somehow, despite all of the technological advancements which have been made, of “time-saving” devices and gadgets which enhanced our capabilities to become more productive — somehow, the stresses of life seem to exponentially compound our problems.

For Federal employees and U.S. Postal workers who suffer from a medical condition — perhaps with an identifiable onset from the stresses of life — Federal Disability Retirement may be an option to consider.

Consult with an OPM Disability Lawyer who specializes in FERS Disability Retirement Law, and begin the process of shedding yourself of at least one of the unwanted stresses of life: Dealing with the U.S. Office of Personnel Management in trying to obtain an approval of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: Life’s Challenges

It may not seem so at the time.  Often, during encounters, we consider them as threats, annoyances, “the world is unfair” muses, and would rather avoid them and get on with the routine of our lives.

We hear people talk about “challenges” and “journeys”, and we scoff at such language games and euphemisms as being mere facades behind which lay the true nature of existence: fear, loathing and a greater sense of bitterness.  Why me?

Medical conditions are, indeed, challenging; and whether you characterize them as “another journey”, a bother, one of “life’s challenges” or a greater annoyance which cannot be avoided — it is an existential reality which must be faced.

In facing one of life’s challenges, it is a good idea for the Federal or Postal employee who must consider filing for Federal Disability Retirement under FERS to consult with a OPM Disability lawyer who specializes in Federal Disability Retirement Law, lest the annoyance and one of life’s challenges turns out to be somewhat more than that — a disaster that could have been avoided.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: The Silent Troll

OPM silently trolls the Internet.  You may not think that such activity poses a risk to you, but you should be fully aware of it.  By “troll” is not meant to include posting inflammatory remarks or initiating controversial discussions on the Web; rather, they silently and quietly view any postings and activities you may be involved in.  They will “spy” on your activities and use what is online as an argument to try and undermine and deny your Federal Disability Retirement application.

Thus, if you are a Postal worker, for example, and claim that you are unable to perform your physical duties as a Letter Carrier, Mail Handler, etc., but you have an Internet Web Page which claims that you are physically fit, a Facebook photo that shows you running a marathon, or a business that involves physical labor, etc., they will use your own postings against you.  Or, perhaps you are a Federal employee who can no longer perform a cognitive-intensive job, but have an Internet-based business as a consulting firm, or some similar work requiring cognitive-intensive work.  Guess what?  OPM may use that against you.

Of course, claims made on the Internet can be quite misleading.  For example, you may be a partner for an Internet-based business in “name only” — meaning that all of the work is done by a sibling or a close friend.  Or, it may be that the “self-pacing” element of running your own business is what allows you to have such an Internet-based business.  However, be that as it may, you should be aware that OPM is the Silent Troll who collects such information for a singular purpose: To deny your Federal Disability Retirement application.

Consult with a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin to safeguard a benefit which is your right to assert.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: The Uncooperative Doctor

Obviously, greater cooperation equals a smoother transition in every endeavor; it is the lack of cooperation which holds everything up.

In a Federal Disability Retirement case, a supportive doctor is almost always a necessary component in a successful Federal Disability Retirement application.  Yet, for the most part, doctors want to be — merely doctors.  That is, doctors generally hate the “administrative” side of practicing medicine — of the note-taking, dictation of office visits, annotating patient encounters, record-keeping; and, especially, of writing a narrative report in support of a Federal Disability Retirement application.  Why?  Simply because it is the tedious side of practicing medicine.

Sometimes, of course, depending upon the severity of the medical condition(s), a lengthy explanatory narrative is not necessary; but more often than not, an extensive, supportive narrative report is an important element in a successful Federal Disability Retirement application.  How does one “deal” with an uncooperative doctor?  There is no magical formula — but to simply attempt to garner a commitment from the treating doctor prior to initiating the complex process of preparing, formulating and filing a Federal Disability Retirement application under FERS, and to contact an OPM Disability Retirement Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Who I Am & Who Am I

One is a question; the other, a declarative statement.  The latter of a more subjective nature; the former, perhaps a composite of observations by third parties together with self analysis.  Both must begin with a query — of analyzing a statement “about” myself, through others who are well-known as well as of opinions rendered and judgments passed by acquaintances and passersby strangers barely acknowledged.

“Who I am” is often answered in response to a preceding query by a third party: “Who are you?”  It might be answered with fairly objective and short statements which are incontestable: I am X’s brother in-law; I am the husband of Y; “Oh, I am Sarah’s father” (in response to Sarah’s classmate who sees you standing outside of the classroom); or, “I am nobody”.  This last statement, of course, has implications well beyond being an unresponsive nullity; for, it goes to the heart of one’s own assessment of one’s self, one’s consequential impact upon the limited universe of one’s role, and the very essence of an ego left abandoned.

The other — Who Am I — is often followed by the grammatical punctuation of a question mark.  It is often a self-reflective query — one which causes a pause, a momentary furrowing of eyebrows raised, and then a regrouping of having just previously been taken aback by a question which stabs too closely to the essence of one’s being.  Perhaps a soliloquy follows.  One will normally cast the question off with a shrug and answer the self-query with, “I am X” and then move on to take out the garbage, watch a movie, see a documentary or engage in what Heidegger refers to as an activity which allows us to forget our mortality.

Will the question inevitably haunt us and force us into facing ourselves at some point in our lives?  Perhaps.  Can we avoid the question entirely?  Maybe.  It is the former, asked by others, which fails to have the force of the latter, and merely because of the placement and substitution of positions of the two words after the “Who” that makes all of the difference.

For Federal employees and U.S. Postal workers who suffer from a medical condition and who must face the prospect of facing the question, “Who I am” in reference to one’s position and role in the workplace, it is often the medical condition itself which prompts the second, more incisive query of “Who Am I?”

Does a medical condition define a person?  Certainly, the Agency or the Postal Service makes it the primary issue by questioning one’s competence or capabilities based upon your condition.  Both questions go to the heart of the issue in a Federal Disability Retirement application; for, in the end, the Federal Agency and the Postal Service treat both questions with a foregone conclusion of an answer: You are Nobody if you are no longer part of the “Mission”, and that is why filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes a necessity.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The memory of greener pastures

Are memories faulty, and are they so for a purpose?  Does the human psyche selectively extrapolate the positive and repress the negative precisely in order to preserve an optimism that will incentivize survival?  If our memory banks retain a pessimism such that the overload of negative images cumulatively dominates, wouldn’t the subtle forces of depression set in to overwhelm us?

The memory of greener pastures — are they true in an objective sense, or only in the selective and myopic perspective that has filtered the negation of subjective desires?  Was childhood as innocent as we remember?  Were the ice cream cones on a hot summer’s day better then, and the wintry winds of Christmas Eve so filled with anticipation of glee that yesterday’s joy was tenfold the truth of untold lies?

We do tend to remember the summers of yesteryear, and of thinking that the lights across the street glow a warmth of love and fidelity; and yet, we know that the room within which we stand is likely a reflection of a reality no lesser, nor no greater, than the greener pastures across the way.  Except when a medical condition hits us.  Then, the memory of greener pastures always reflect the “before” — before the condition worsened; before it began to impact my work; before it became a chronic condition.

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 often the memory of greener pastures that finally prompts the Federal or Postal employee into preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

For, the greener pastures that once were can still be those of tomorrow, but only if the focus of one’s life can attend first to the medical condition itself, without the greater burden of work and the harassment and constant hostility of the Federal Agency or the U.S. Postal Service.

To preserve and hold sacred the memory of greener pastures is to prioritize the things that we hold dear and important, and one’s health should be at the top of the list of such priorities.  Protect it by preparing, formulating and filing an effective FERS Disability Retirement application, to be filed through OPM so that those memories of greener pastures in yesteryear’s childhood joys will not be subsumed by the worries of one’s deteriorating future.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: Technically correct

What does a person mean when it is said, “Yes, that is technically correct”?  Does it matter where the inflection resides, or which part of the statement is emphasized?  If greater syllabic magnification is placed on the word itself, whilst the remainder of the sentence is left in a monotone of boredom, is something else being conveyed beyond the mere words declared?

What if the hesitation on the first word is elongated, as in, “Ye-e-e-s, you are technically correct.”?  Or, how about this one:  “Y-e-e-e-s…you ARE technically correct.”?  Further, why do we always expect a conjunction to follow, as in, “Yes, you are technically correct, but…”?  Does such a sentence imply that a person can also be un-technically correct?  If so, what would that mean and what factors would be included in coming to such a conclusion?

What practical or real-life consequences are inherent in the truth of such a statement, such that it might alter or modify our approach to a given subject?  If an engineer is building a skyscraper and turns to the architect and says,” Yes, you may be technically correct, but the entire building could nonetheless collapse” — how is it possible that the architect could be “technically correct” yet mistake the un-technical side of things such that it could result in a life-threatening disaster?

Or, in law, if a lawyer is “technically correct” but might nevertheless lose a case before a jury, does that mean that the “technical” argument in the law may not carry the day because the jury might take into consideration factors other than the law itself in rendering its collective decision?  Yet, isn’t “the law” nothing more than an aggregate of technicalities to begin with, and therefore, does it even make sense to speak of being “technically correct” within the purview of the legal arena?

For Federal employees and U.S. Postal workers who are contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be technically filed with the U.S. Office of Personnel Management, whether technically under FERS, CSRS or CSRS Offset, it may be technically correct that certain legal criteria must be technically met; however, when putting together a Federal Disability Retirement application, just remember that the technically sufficient Federal Disability Retirement application should always, technically speaking, contain an aggregation of medical documentation, legal argumentation and personal narrative combined to make an effective presentation, better guided by a legal technician otherwise known as a counselor, attorney or lawyer in this technically empowered universe — technically speaking, of course.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The restorative morning

That is the purpose of sleep, is it not?  Or so we anthropomorphically attribute.  Is that the only reason for the somnolence that overwhelms, the snore that momentarily suspends in the air and pauses for people to smile, to be horrified or laugh because of the incongruence of the sound that shatters the quietude of twilight? Do humans sleep more soundly than other species? Is it really necessary to maintain a certain spectrum of that “rapid eye movement” (REM), or to be in a deep slumber, a state of subconscious quietude, etc., in order to attain that level of restorative sleep such that the morning itself is declaratively managed with rest and a sense of calm?

The restorative morning is that which follows a good night’s sleep; it is when the body is energized, the mind is ready to pounce with an excessive amount of acuity barely containable, and the combination of a night’s rest with boundless determination overcomes the previous period’s fatigue and exhaustion from the stresses of the day.

Do other species require sound sleep?  Or, did evolution favor the animal that can sleep, yet be awoken in response to an instinctual drive to survive, such that the mere bending of a blade of grass a hundred yards away will awaken with an alarm ready to defend and fight, or whisk away in flight?

It is the lack of it that creates that level of profound fatigue that goes beyond mere tiredness or exhaustion.  Modernity requires restorative sleep precisely because so much of our workforce engages in cognitive-intensive employment that places great stresses not just upon the physical capacity of the human animal, but upon the mental/psychological — stresses that pound away with untold and unmeasurable harm on a daily, consistent and progressively deteriorating manner.  Did nature and evolution factor in the way that we live in modernity?  Likely, not.

In Nature, there are no restorative mornings — only the calm that pervades and hides the predatory instincts and the ongoing battles that go on daily, minute-by-minute in this unforgiving universe of predators and prey; and so it is that we have created a reflection of that life-and-death struggle in this modern world we live in.

For Federal employees and U.S. Postal workers who struggle with profound fatigue, loss of any semblance of restorative sleep, and unrepentant diminishment of focus, concentration and the capacity to maintain an acuity of mind, it may be time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sleep Disorders are not just a constant reminder of the stresses that impact us in this high-tech world, but is also a basis in which to qualify for Federal Disability Retirement, when profound fatigue sets in and non-restorative sleep impacts one’s ability and capacity to perform all of the essential elements of one’s cognitive-intensive job.  Whether under FERS, CSRS or CSRS Offset, it may be time to consider preparing, formulating and filing for Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire