Tag Archives: medical retirement of federal employee for stress

OPM Disability Retirement: Other World’s Thoughts

Are there other worlds which think differently?  When you hear of other cultures; of other societies; of people speaking in response to questions posed — Do we suddenly become jolted by the cultural differences, of thought processes which sound foreign and alien, and think, “Wow, is it possible that they think differently than I do?”

Perhaps, it has to do with marriage — of arrangements that still lead to a happiness which we cannot fathom.  Or, of cuisine that doesn’t quite agree with what we consider acceptable staples; or even of freedom — of restrictions, of political speech which is restrained and constrained by fear, intimidation, etc.  Are there, within a reach’s distance, other world’s thoughts which appear foreign and distant?

Certainly, for Federal Gov. employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits under the FERS system — the foreign language required by the U.S. Office of Personnel Management in order to qualify for Federal Disability Retirement benefits; it is, in essence, Other World’s Thoughts.  It is a language replete with legal jargon and foreign phrases; of case laws applicable and statutory authorities inviolable.

In order to qualify for Federal Disability Retirement benefits under the FERS retirement system, it is tantamount to needing to know a foreign language.

Contact a FERS Attorney who is familiar with that “foreign language” of OPM Medical Disability requirements, and understand that, yes, it is indeed Other World’s Thoughts.

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 Medical Disability Retirement: Ostensibly

It is a funny word, in many respects; for, it presumes and assumes what may not actually be the case.  The word, “Ostensibly”, is used to describe that which is apparently so, or purportedly assumed, but may not actually be so.

Thus, one might say of an individual who is wearing clothes appearing to suggest that he or she works in a blue-collar job, and perhaps wears a tool-belt which suggests and confirms him/her to be such, that “he is ostensibly a carpenter”.  How does the adverb qualify the noun?   Because we don’t actually know, do we?

By his appearance and the fact that the individual carries around a tool belt which contains, perhaps, a saw, a hammer, a nail gun and other pertinent and revealing instruments indicating what a carpenter would require, we make an assumption that he is “ostensibly” a carpenter.

Now, it would be strange if you were to ask the individual what his profession was, and he confirmed that yes, he was a carpenter, then to state to a friend later on that “Joe is ostensibly a carpenter”, because if you have confirmed that the person “Joe” in reality is a carpenter and there is no longer an assumption, then to apply the word “ostensibly” would be rather odd — unless, of course, you thought that he was lying and that he only wore the tool belt to fool you, or was a half-wit who was engaging in “make believe” that he was a carpenter, etc.

In other contexts, the term “ostensibly” often applies, as well — as when the U.S. Office of Personnel Management denies a Federal Disability Retirement case and makes a multitude of arguments which, in the end, implies that you are merely “ostensibly” disabled (although they will never use the word itself).

For, what OPM is saying in a Federal Disability Retirement case under FERS in denying the Federal employee’s application for Federal or Postal Disability Retirement benefits, is that while you may allege to be disabled or unable to perform one or more of the essential elements of your job, you are actually not disabled.

If that happens, you will need to contact a disability attorney who specializes in Federal Disability Retirement Law; for, you will need more than an attorney who “ostensibly” does Federal Disability Retirement Law — rather, one who is, in reality and in fact, an attorney who specializes in it.

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: Sufficiency

There is always a measure of subjectivity involved, of course.  Following the Council of Trent, the issues which prevailed as a response to the Protestant Reformation involved Church doctrine and clarifications needed concerning issues involving “sufficiency” of grace, whether the human will could engage in acts of the “Good” without it, and so many other interesting minutiae of proper wording which is now irrelevant in this postmodern era.

What is sufficient; what qualitative or quantitative determinations meet that criteria; is there an objective set of rules and regulations requiring sufficiency, and how is it determined to have been met?

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, “sufficiency” of information is a critical criteria to be met in every Federal Disability Retirement case.

There has been no “Council of Trent” to clarify what would meet the U.S. Office of Personnel Management’s criteria for what constitutes sufficiency of medical and other information; although, there have certainly been many “edicts” issued, both by OPM and the Federal Courts, as well as by the U.S. Merit Systems Protection Board (the “MSPB”).

What is sufficient; how is it determined; who decides on the issue; what can be done to meet the criteria — these are all questions which can differ from case-to-case because of the inherent uniqueness of each case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement benefits and avoid the proclamations issued concerning heresies and violations of doctrinal clarifications, whether by the Council of Trent or by the U.S. Office of Personnel Management.

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 Law: King for a Day

We have all had that sense of triumphant euphoria, where all of the complex and disparate components of life’s makeup somehow coalesce into a coordinated bundle of seamless and effortless symphony; where life is great; your plans and dreams are bearing fruit; restorative rest has been attained; friends and family have resolved their differences; and at least for a day, you are the King.

But such a state of perfection never lasts beyond that day; and tomorrow brings problems, difficulties, contradictions and conflicts; for the secret of life itself is that ever since the fall of Adam, or of any tale of the origins of Paleolithic beginnings — the original sin of life never dissipated.

The frailty of the body; the fragile makeup of the mind; the emotional turmoil experienced daily by the stresses of a world gone berserk with technology and the cold, unfeeling environment of the human workplace; these, and more, tell the story not of kings and lords, but of pawns and sacrificial lambs.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to remain a King — even for a day — it is time to consider filing for Federal Disability Retirement benefits under FERSChronic medical conditions which impact a Federal or Postal employee’s ability and capacity to continue in their chosen careers present an even greater challenge: Of the loss of any hope for betterment until health itself becomes a prioritized activity to pursue.

Contact a Federal Lawyer who specializes in OPM Disability Retirement Law and consider whether or not the loss of being the King for a Day is worth the price of continuing in a career which is no longer tenable.

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.

 

Federal Disability Retirement: The infinite we seek

What is it about the things which defy limit; endless and vast beyond our capacity to comprehend, and yet we cling to concepts that cannot possibly be embraced precisely because the finite cannot delimit the infinite; for, to do so is a contradiction in terms?  Does language capture the infinite?  By knowing its definition, is there anything beyond being able to cite the description of the concept?  Why is it that some concepts are denied comprehension even though we can, by rote memory or simply by looking it up on our Smartphone and regurgitating that which someone else has written, describe and delineate?

Say, for instance, a lay person asks a Cardiac Specialist what is involved in a heart transplant, and Doctor X explains to Information-Seeker-Y the process of how the body is opened up, the various veins, ventricles, etc., snipped here and severed there, and what the dangers are, the risks posed, etc.  At the end of the explanation, we somehow feel satisfied that we have been informed of a procedure which we have never experienced, likely never witnessed and certainly will never undertake — yet, we believe we “understand’ the process.

Similarly, can a blind man who can explain the complete process involved in flying a plane say that he “understands” it fully?  And what is the fine print involved in “fully” as opposed to “partially”?  Yet, if we give the definition of “the infinite” as involving X, Y and Z, and “fully” delineate and explain the conceptual apparatus that makes up our understanding of it, nevertheless, in the end we are allowed to say, “But no one really understands what the infinite is, because we are finite beings.”

That is partially the brilliance of Anselm’s Ontological argument — of defining the infinite as “That than which nothing greater can be thought of” — a jumble of confusing words which seemingly bifurcates the finite from the infinite, but juxtaposes them in an aggregation which makes it seem like it makes sense.  In the end, it is best to know one’s own limitations and, by doing that, at least we can possess the knowledge that humility leads to greater wisdom through finite means of grasping the infinite.

For Federal employees and U.S. Postal workers who recognize the enormity of the process of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, it is best to understand that the “infinite” — as defined as that which is limitless, endless and beyond measurability — can be applied to a bureaucratic process that involves multiple layers of incomprehensible complexities.

The infinite is a conundrum; the Federal process of preparing, formulating and filing for Federal Disability Retirement benefits is analogous to the infinite.  As such, it is wise to seek the counsel and advise of someone who specializes in Federal Disability Retirement Law — of a being who is that than which nothing legally can be thought of (i.e., an attorney who exclusively handles only Federal Disability Retirement cases).

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Claims: Preparations

Would you hold a dinner party without preparing?  Or attend an important meeting, host a regal gathering of accomplished celebrities or go camping in the wilds of winter’s ferocity — without making adequate preparations?

The elaborate extent of such preparations is often correlated with the importance, significance, relevance and complexity of the issue at hand, the engagement to be embraced or the event to be held.  Preparations are a vital component to the successful engagement of whatever one undertakes, and lack of it often guarantees a result of negative returns.

How does one prepare for the preparation, formulation and filing of 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?  Does one go out and ask the Human Resource Department of one’s agency, and thereby put to the winds which carry gossip about the Agency and allow the gods of the underworld to disseminate the implication that “X is filing for disability retirement”?  Do you dare test the oft-told adage in the Federal Government that “confidentiality begins with the Human Resource Office of one’s agency — and likewise, ends there”?

Or, perhaps “preparation” is merely of the ad hoc sort — of downloading the various forms (SF 3107, Application for Immediate Retirement, and SF 3112A, Applicant’s Statement of Disability, at a minimum) and beginning to fill them out, and somehow sifting through the multiple instructions and packaging a Federal Disability Retirement application?

Preparation for the initiation of any worthwhile endeavor should, at a minimum, involve seeking some advice from an “expert”, and in preparing, formulating and filing a Federal Disability Retirement application, to be ultimately filed with and decided by the U.S. Office of Personnel Management, consultation with an experienced attorney who specializes in Federal Disability Retirement Law should be a minimal step in such an important and consequential process.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: Hope’s extinguishment

Hope is the fragile string that first becomes frayed when avenues of discourse become closed and the corner that was once merely a lexicon of intersecting walls becomes a place where no exit can be found, anymore.  Cornered animals and armies without a pathway for escape become desperate in their responses; and as survival is yet an instinct that has not evolved much beyond the stage of an amoeba swimming in its own microscopic universe, so the urge to fight still remains no matter the odds pitted against them.

The extinguishment of hope comes about when the imagination can no longer fathom a future without a hint of progress, a glimmer of some warmth, and a pathway where present circumstances can be altered. One can become steeped in the insularity of one’s problems, and when those problems become magnified through suffering from a medical condition, hope’s extinguishment is sure to follow.

Filing a Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is often that pathway out of a cornered life, where hope’s extinguishment can be averted, the glimmer of a future yet uncertain can be stabilized, and the preoccupation with tomorrow’s dismal forecast can be rejuvenated.

Is it the solution to all problems large and small?  Hardly.  But it is an employment benefit that is specifically designed to help the Federal or Postal employee who is no longer capable of performing all of the essential elements of one’s Federal or Postal job to begin preparing for a change of career or a modification of one’s future plans.  For, a person who is granted a Federal Disability Retirement can still go out into the private sector and become employed in another capacity (yet utilize the skills acquired while in Federal employment) and earn up to 80% of what one’s former Federal (or Postal) position currently pays, on top of the Federal Disability Retirement annuity.

Hope’s extinguishment is often a result of failing to consider alternatives when imagination is left to the recesses of dark days and sleepless nights; for, in the end, Federal and Postal employees should always consider all benefits available, and preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the pathway to reignite hope’s extinguishment.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Life puzzles

Depending upon the accent or inflection, the phrase can take on differing meanings.  If stated in a monosyllabic intonation, it can be a quiet declaration that the entirety of life is comprised of multiple puzzles in an inert, non-participatory manner.  The other way of “saying it”, is to pause between the two words in dramatic form, or even put a question mark at the end of the phrase, making the second word into an active verb and the noun of “Life” into a projectile that deliberately confounds and obfuscates.

In either form, we all recognize the truth underlying the sentiment: from birth to the continuum of living daily the challenges and encounters, it is always a constant struggle to try and maintain a semblance of rationality in a universe that continually creates flux and mayhem.  That was the philosophical strain that was always taught between the contrasting foundations of Parmenides and Heraclitus; of the wholeness and unity of Being as opposed to the constant flux and change that the world imposes.

Life puzzles us in so many ways, and the life puzzles that confront us daily confound and confuse.  See the subtle difference between the two ways of using the phrase?  In the first, it is in an “active” form, invoked as a verb (transitive or intransitive), whereas in the second, it is used as a noun.  We can get caught up in the grammatical form and usage of words, and in the process, get lost in the theoretical issues surrounding words, concepts and thought-constructs surrounding so many endless and peripheral issues; but the point of recognizing such subtle differences in the language we use is precisely to avoid and deconstruct the confusions we create within the language we use and misuse.

In either form of usage, it is important to state clearly how and for what purpose we are engaging in a formulation of words, thoughts, concepts and narrations.  We all carry narratives within ourselves that we must be ready, willing and able to use in order to describe, explain and delineate.  Those subtle differences that words create must always be untangled.

For Federal employees and U.S. Postal workers who are 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, the importance of being able to distinguish between subtle forms of language usage cannot be over-emphasized.  For, Standard Form 3112A, Applicant’s Statement of Disability, is in and of itself a life puzzle that puzzles even the clearest of puzzling lifetimes; it is, moreover, a legal conundrum and a language puzzle that must be carefully reviewed, discerned, untangled and responded to by first recognizing that life does indeed involve puzzles, and such life puzzles must be approached in a non-puzzling way.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation and Retirement under FERS or CSRS: The nose beyond which

The human animal has reached a point of evolutionary pedigree where constant vigilance with the outside world is generally thought to be unnecessary; although, still when an individual walks through an unlit parking lot in the dead of night, the hairs which straighten and stand at attention on the nape of one’s neck would belie such an expression of civility amongst the savagery of newsworthy crimes printed daily.

Most of us live and walk about completely immersed within our own thoughts and reflections; and when encounters with the “outside” world suddenly jolt into an awareness just beyond, to focus upon the individual, event or incident which indicated a need for such engagement, the capacity to readjust and comprehend the alien nature imposed by a cacophony of sight, sound and a compound admixture of both, often confuses and torments.

Kant and Wittgenstein were correct in questioning the conventional views of a philosophical approach which wedded language to reality (to even combine both names into a single sentence is blasphemy, and an oxymoron of conceptual contradiction); the former, by proposing that there were human dimensions and constructs imposed upon an impervious universe of objectivity where the “thing-in-itself” bore little relation to how we perceive them; and the latter, by deconstructing the link between language and reality.

How we engage the world; what level of comprehension and understanding we bring to the fore; whether and what “success” we achieve in tackling the problems we face in a society that neither cares nor thinks about empathy and comity of human endeavor and suffering; the volume of questions posed and queried always surpasses the answers derived.  The nose beyond which we recognize is rarely embraced.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such a statement of truism is rarely denied.  Others fail to notice; the chasm between knowing that a medical condition is impacting a fellow worker, leaving aside the greater and universal perspective of a “fellow human being”, expands exponentially in a proportional widening defined by the intersection between title and pay grade, and the level of empathy lacking and sympathy non-existent.

Federal employees and U.S. Postal workers who think that having a medical condition, after years and decades of loyal and dedicated service to the Federal agency or the U.S. Postal Service, will automatically inspire a return of such vaunted conduct of responsive grace, become quickly and sorely disappointed and disillusioned.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is often the best option to take, if only for the sake of preserving one’s health, whether psychological, emotional or physical.

For, in the end, the nose beyond which a person may suddenly see, is that neighbor waving across the street, the lost child crying on the corner of the next block, the homeless person wandering the inner city desolation past the invisible lines of suburban sterility, and the infirm dilapidation of rotting humanity abandoned in old people’s homes which we euphemistically deem as “retirement communities“; and that which circles back to the Federal or Postal employee who remains unaccommodated by the Federal agency or the U.S. Postal worker, who must prepare, formulate and file for Federal Disability Retirement benefits because the shame of humanity has dissipated into an uncaring universe of ethereal space defined by an unperturbed imaginary deity.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Book Review

Generally, this blog does not review books; however, exceptional works may prompt exceptions to the general order of things, where relevance of subject and beauty of personality may coalesce to consider a slight change of venue.  The work itself will neither become a masterpiece nor a conversation focus beyond a generation or two, as the world it describes is quickly fading into the sunset of eccentricity and scarcity of understanding.

Tim Sultan’s book (and from the jacket cover, it appears to be his first one at that), Sunny’s Nights, is a mixture of reportage, love of character and annotation of provincial myth.  It somewhat follows a format of modern trends in such novels: alternating upon a spectrum of the microcosm of life (Sunny’s, the extended family, and the author’s own) to wider philosophical insights (history of the neighborhood, cultural changes from the turn of the last century into the 20th and to modernity) portending of the macro-impact of a lost and fading relevance; but it is the author’s love of the main character (Sunny), the loss of humanity (through shared anonymity of a genuine speakeasy) and the wit, humor and sharing of stories, which makes for a work beyond an ordinary read.

The author is quite obviously a good listener (to the multiple tales of life and love as told by Sunny); his love of words reflects the warmth of camaraderie he feels for his characters; and his own insertion as a participating protagonist never detracts from the trilogy of subjects:  the place (the bar which is discovered in the outer periphery of societal acceptance, where the characters meet and enjoy the company of each other); the people (Sunny, his heritage, and the people who gather at the bar); and the growing loss of community with the encroachment of technology and cultural upheaval.

It has all of the ingredients for the making of a quiet work of art, as it reveals the best of any great story — a main character of complex fortitude.  For, in the end, every book worth reading should provide for an understanding of complexity, human failure and microcosm of achievement, and not necessarily in that order.

Tim Sultan’s work, Sunny’s Nights, is an enjoyable read at worst, and at best, a recognition that in the end, life fails to mean much unless one listens carefully and plods along searching for the company of community.  And, in the end, isn’t that the same for Federal employees and U.S. Postal workers who seek an alternate venue when a medical condition arises and the Federal or Postal employee must 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?

When the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal positional duties, the loss of a similar trilogy occurs:  the place (one’s position with the Federal agency or the U.S. Postal Service); the people (coworkers and friends developed over the many years through work and community of contact); and the upheaval from the changes prompted from one’s medical condition and the inability to continue in the career of choice.

Not everything in life is limited in relevance or meaning by the circumstances of one’s present condition, and for the Federal or Postal worker who is considering filing for Federal Disability Retirement benefits through OPM, taking a moment to read Tim Sultan’s book, Sunny’s Nights, may allow for a momentary time of distraction from the daily agony of a progressively deteriorating medical condition, and to help focus in the preparation of an effective Federal OPM Disability Retirement application and the challenges the Federal or Postal worker must face in the days ahead.

Sincerely,

Robert R. McGill, Esquire