Tag Archives: medical retirement from a federal prison system

FERS Disability Retirement: The Acceleration Principle

In economics, the principle makes the logical connection between the demand for consumer goods and the requirement of accelerated production needs in order to meet the higher demand.  In other words, when the demand for consumer goods increases, it logically follows that the demand for equipment will accelerate because the means of production in order to meet the consumer demands will need to be fulfilled.

In a similar vein, there is a parallel principle in other sectors of life — educational acceleration of mediocrity, for example.  It would make sense that if a country’s educational system systematically reduces its standards of excellence, that as the years pass, everyone over time will be dumber because those students who go through the “system” and go on to become teachers, will teach the next generation of students at a reduced level of rigor, and the acceleration principle will come into play as each successive generation teaches the next at a dumbed-down level.

Similarly, wouldn’t this same principle be applicable in areas of reading, for example — where, a nation which reads less but expends a greater amount of time in watching videos, becoming entrenched in the virtual maze of computers and Smartphones, or in video games, etc., will accelerate into a population of illiteracy and cultural ineptitude?

How about in health — isn’t there a similar principle experienced, where being young can somewhat compensate for a chronic health condition, but where age or some traumatic event can trigger and accelerate the health condition where, heretofore, it had been somewhat managed and controlled?

The U.S. Office of Personnel Management, of course, will turn that on its head if you are not careful.  They will argue thus: You had a preexisting condition; there are no objective indicators that it worsened during your tenure as a Federal Employee.  Thus, your case is denied.  Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider that the acceleration principle is both valid and effective, if delineated in the best and proper manner.

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: The House that Happiness Built

Later in life, we tend to get into the “preservation mode” — of trying to hold onto the house that happiness built.  We don’t want to move despite the fact that steep stairs and multiple floors are never conducive to old age.  Youth was full of dreams and hope; happiness was the dream of building, of starting a family (or so it once was) and doing things for the future.  No problem could be foreseen that could not be overcome, for the future was bright, hope sprang eternally and the sunrise each morning was something to behold.  But that life could remain in such an optimistic mode of living.  Divorce, tragedy, death, illness, loss of career — such pablum is often unthinkable, until it becomes a reality.

For Federal employees or U.S. Postal workers who have had a setback because of an illness or a medical condition, filing for Federal Disability Retirement benefits under FERS is a way of preserving the house that happiness built.  Sometimes, a medical condition begins to prevent the Federal or Postal worker from performing the essential elements of his or her job, and thus must file for Federal Disability Retirement benefits. When that time comes, FERS Disability Retirement is a benefit that is meant to help those who may be able to remain productive in some other capacity, but not in the particular type of job that he or she works in.

Consult with an OPM Attorney who specializes in Federal Disability Retirement Law for further details, and don’t let the problems of life threaten the house that happiness built.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Tightening Standard

Some would say that, since 2018 or so, the U.S. Office of Personnel Management has been “tightening” the standards in Federal Disability Retirement Law.  Perhaps that is a valid point.

However, whether by way of an unofficial quota system or because there has been a policy change at the highest levels, the fact remains that there are laws in place which must be followed, a criteria of regulations which must be complied with, and standards dictated by case-law and legal opinions set both by the U.S. Merit Systems Protection Board, as well as by the Federal Circuit Court of Appeals, which govern all decision rendered by the U.S. Office of Personnel Management.

All benefits must be fought for, and fought hard.  Nothing should ever be taken for granted.

Whether one believes that there is a tightening standard or not, the applicable rules, regulations and case-laws must be asserted, cited and demanded to be applied, and that is why, when a Federal or Postal employee begins the process of preparing, formulating and filing a Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, it is a given that you should consult with an experienced attorney who specializes in Federal Disability Retirement Law, to prepare for the fight ahead.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The unknown world

It is that part of the universe that is often seen as the “far side of the moon”, where shadows befall and eyes never perceive, witnesses never survive and documents don’t exist.  Mount Everest was once that world; galaxies outside of our own, despite our best efforts to invent and create greater and stronger telescopes, or ones that float in the nothingness of outer space and send back digital images that are obscure and indistinguishable from inkblots accidently spilled upon a sheet of white paper, but somehow scientists can discern great discoveries by pointing to colors, hue, magnified analogs and complex algorithms that leave the rest of us scratching our heads and declaring, “You got all of that from this picture?”

There was life once on Mars and Jupiter since contained icicles that entrapped microbes billions of years ago, and just through a photograph of a fuzzy specter that the rest of us would have interpreted as Bugs Bunny leaning against a fencepost eating a carrot stick.  But of unknown worlds and the far side of the moon where shadows rest upon and hide the human toil of secrets and conspiracies, the truly mysterious one is the subjective mind of the person sitting next to you.  Yes, yes, it may not appear that way – perhaps each time you ask a question of that individual, he or she merely grunts and states in the same monotone of boredom and unexcitable drone, “Yep. What of it?”

And so when PBS or the National Geographic Society has some show about the complexity of the human brain, the neurons and the micro-conceptual foundations that make up the universe of human circuitry, dreams, images, thought-processes, Freudian and other “-ians” that delve into the human mind of the conscious, subconscious and unconscious and all spectrums in between, you turn, look at that same person and say, “Not.”  Or, that person one day does something completely out of the ordinary and during his lunch break takes out a book – say, Kant’s classic on the foundations of metaphysics, or some such esoteric material, and proceeds to mumble to himself, and you say, “Gee, didn’t know he was into that.”  But then you again try and engage him with, “So, what are you reading?”  And the familiar refrain comes back: “Yep. What of it?”  Beyond disappointments and non-engagements with universes parallel, mysterious and already predicted, there is still that “subjective” universe where pain remains, medical conditions are hidden and plans for the future are yet to be expressed.

That is the netherworld of the Federal or Postal employee who must contemplate preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  It is also the world of “cat-and-mouse” – of when to tell the Federal agency or Postal service of your intentions; how much to tell; when to submit the Disability Retirement packet so that it obtains the greatest advantage against the Federal agency or Postal Service; and all of the complexities in between.

Yes, there are still “unknown worlds” and universes; you just became too much a part of it to recognize the wonder of it all, because the guy next to you keeps burping and saying, “Yep. What of it?”

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Cost of Character

Being daily denigrated is an expected course of treatment for some; for those who perpetrate it, the sport of demeaning is often thoughtless, reactive, and toxic to the core, and reflects a fundamental void in one’s own life; and for the victim of such caustic characterization, the incremental pounding to one’s ego, self-esteem and capacity for abuse results in diminishment of the identify of worth by small slices of reduced stature.  Such attacks may be overt and direct, while others may be subtle, privately targeted, and intentionally out of the earshot of witnesses.  In both cases, the damage can be devastating.

For Federal employees and U.S. Postal workers who must confront this type of daily abuse in the workplace, the avenues of outlet are complex and varied.  Complaining or filing lawsuits often results in the mere circling of the proverbial wagons around the perpetrators, and suddenly an invisible fence appears where the victim is the “outsider” and the caustic character the one needing protection.

For those Federal or Postal employees who suffer from a medical condition, and who receive the brunt end of such ill treatment because of the medical disability which impacts one’s ability and capacity to perform one or more of the essential elements of one’s positional duties, the need to deal not only with the toxicity of a hostile work environment, but concurrently with the underlying medical conditions, makes for an admixture of overwhelming circumstances.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the best and only course of action left.  For, to stay becomes an untenable option which impacts and further deteriorates one’s medical condition precisely because of the toxicity of the environment; to walk away and do nothing is an act of idiocy, given the years already invested in one’s career; and thus the alternative of preparing, formulating and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes the most enlightened of choices to be made:  It allows for the recuperative period away from a denigrating source of pain, while securing a foundational annuity for one’s financial security and future.

We often talk daftly about “character” and the need to “stick it out” when the “going gets tough”.  But the cost of character is the price paid by the Federal or Postal employee who must withstand the onslaught of a bureaucracy which is faceless and relentless, while at the same time dealing with the deteriorating health administered by a medical condition which will not just go away.  The cost of character means nothing if the essence of one’s worth is not protected, and filing for, and securing, a Federal Disability Retirement annuity is meant to do just that:  pay for the cost, and safeguard the character of worth.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: House of Cards

We have all built them as children; those shantytown assemblages like the poverty-stricken and make-shift huts constructed by corrugated debris gathered from refuse and discarded materials, flimsy and ready to collapse, if not by architectural fault lines, then certainly from the sudden and malicious puff of air emitted by one’s younger brother or sister tiptoeing  up from behind in a sneak attack.  The House of Cards — they test the dexterity and patience of one’s character, and simultaneously represent anything built on a precarious foundation, including business ventures, family relationships, and of life itself.

For the Federal employee or the U.S. Postal worker who suffers from a medical condition, such that the medical condition begins to impact one’s ability and capacity to perform the essential elements of one’s Federal or Postal positional duties, the concept of a House of Cards can become quite personal, and in the modern proverbial metaphor, “hit close to home”.

Daily, the precarious and tenuous state of one’s employment status is tested by sudden and unexpected winds of fate, by sneak attacks and underhanded methods of operational malice.  A sudden stir of the atmosphere, a deliberate act of adversity, or the unsuspected whisper of undermining; they all amount to the same:  an attempt to further weaken the foundations which were already being tested.

The option the Federal or Postal employee needs to consider, is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, because if the foundation of one’s life has already become shaky, the fall itself is an inevitability when confronted by the vast behemoth of the Federal agency or the U.S. Postal Service.

Just as 2 out of the 3 little pigs came to understand and appreciate the necessity of a firm foundation, so the Federal or Postal employee should see the wisdom in fleeing from under the House of Cards, and consider filing for Federal OPM Disability Retirement benefits; for, they ran to the third when they could, and lucky for them, the Big Bad Wolf could not get to them — at least not in some versions of the tale.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Insular Delusions

The advantages of holding one’s own counsel are multiple:  little internal strife; dictatorial rule; decision by fiat; complete control and dominance; no blame can accrue to others.  The downside, of course, are just as numerous:  no input from others; the limitation of new ideas, constrained by the perspective of one’s own thoughts and concerns; the fool’s impropriety of listening and following one’s own judgment; little to no brainstorming.

Judgement and decision-making by singular counsel has worked well in countries, corners and civilizations which respond subserviently to dominance and domineering.  But when the populace begins to realize that the emperor is not as wise as once thought (or declared by fiat to be by the dictates of the royal palace, issued in blaring tones and trumpeted daily in printed leaflets used by the peasantry for bookmarks and beddings), then the rumblings of a hunger beyond mere need and wants begins to pervade.

Insular delusions occur because the holding of one’s own counsel ultimately results in a circularity of logic and judgment, and unless new and fresh perspectives are allowed in, self-immolation is the resulting loss of vigor and vitality.  Further, when a deteriorating force begins to gnaw away, such as an unexpected medical condition, then sound judgment and rational perspectives give way to exaggerated and exponential quantification of fear and paranoia.

For Federal employees and U.S. Postal workers who need to file 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 decision-making process should always include counsel outside, above, beyond, and objectively-attained, in making decisions about one’s future and security from the ravages pending by one’s agency or the U.S. Postal Service.

Federal Disability Retirement is not just about securing one’s future; it is, moreover, a matter of establishing a capacity of reaffirming one’s potential in becoming employed, without penalty, beyond the Federal sector; of making sure that one’s accrued Federal time in-service is not for nothing; and to ensure that one’s rights have been protected in order to move forward into the future.

Insular delusions occur when an individual retains the sole counsel of one’s own accumulated wisdom; but as wisdom is not merely the aggregate of one’s own opinions and perspective, the delusions which follow are like the windmills of old where knighted grandeur resulted in the myth of Sisyphus, where the toil of rolling a boulder up the hill of agony left one depleted in the soul of the absurd.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: That Song That Won’t Go Away

There is that song, tune, jingle, etc., that sticks to the mind and refuses to go away; and the circularity of the anomaly is that, the more one tries to expunge the melody from one’s mind, the greater the force of staying power; it is only when we “give in” to the persistence, and “give up” trying so hard in suppressing beyond the subconscious, that there comes a time when we can give a sigh of relief and acknowledge, “Ah, it’s gone” — and upon that very instance, it comes right back!

Such persistence of pernicious placements in the universe of cognitive capillaries are not the only conundrums in life; the general rule to be extrapolated is that, the greater the resistance, an equal and exponential quantification of insistence will reverberate.

Thus, for Federal employees and U.S. Postal workers who try to avoid, suppress or otherwise ignore a medical condition, such that the medical condition begins to impact one’s positional capacity to maintain productivity and a semblance of denial, the greater force by the agency to increase the pressure, and the further exacerbation of the medical condition itself because of the added stresses of the agency, the Postal Service, etc.

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 always an option and alternative that needs to be considered, if only to prepare for an exit and avenue out of the constant morass which fails to let up.  Prioritizing of life’s challenges involves taking affirmative steps towards a resolution.  If you don’t do it, other forces outside of your control will.  When it comes to your own health and well-being, it is the Federal or Postal employee who knows well when the time is ripe to begin the long process of preparing, formulating and filing for FERS or CSRS Disability Retirement benefits.

In the end, the song that just won’t go away is merely a melody of irritation; when it comes to the nagging deterioration of a medical condition, however, the stakes are much higher, and comparing the two is fine for metaphorical purposes, but not for the challenges which must be faced before the universe of reality and pragmatism.

Sincerely,

Robert R. McGill, Esquire