OPM Medical Disability Pensions: The Life We Lead

The life we lead may not be the one we chose; or, more likely, the life we “now” choose to lead — if we even have a choice.  One might argue that we always have a choice; the only real question is:  Are we willing to pay the price for the choices we make?

Often, we fall into things.  Human beings are complex creatures; the person we were years ago rarely is identical to the “now” of that individual.  Perhaps that explains the divorce rate in this country; of commitments encompassing “till death do us part” are rarely embraced, anymore.

And the choices which are out there make for compounding effects when it comes to the life we lead.  Decades ago, society imposed greater structural restrictions:  School teachers who were found to possess any tinge of moral turpitude would be dismissed and disgraced; heads of companies who divorced were summarily terminated; and those thought to hold rather unconventional opinions were shunned and often isolated.  Is this a good thing?

The perfection of a median — a point “in between” the two ends of a spectrum of excesses, or often referred to as the Aristotelian view of a good life — is often the balance to be sought.  The life we lead is, too often, solidified by the youthful indiscretions of excesses embraced in youthful vigor; whereas, in later years, regret tends to soften our extravagant early years.

For Federal employees and U.S. Postal workers who have come to a point in later life, where the Civil Service job which once required extreme energy, daily commitment and a stark challenge to even the healthiest of individuals, but now, in later life, medical conditions have reached a critical juncture where they are no longer compatible with continuation in that job — it is perhaps time to consider preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS.

Contact a FERS Medical Retirement expert, that is, a U.S.-licensed attorney who specializes in the practice area of Federal Disability Retirement Law, and consider the life you lead and want to lead — now.

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 Law: “It’s Behind Us”

The phrase can, without context, mean a number of things.  In story-writing exercises, a phrase such as the one referenced may be thrown at a student, and the student must then formulate the context surrounding the phrase, in order to give it “meaning” and relevance.

For example:  Perhaps it is a story about a haunted house, and two children are looking about, cautiously walking from room to room, when suddenly they hear a creaking noise, and one whispers to the other “It’s behind us!”  Or, it could have a completely different context — of a family crisis and how the various individuals deal with the problem, and when it is finally resolved, the wife turns to the husband and declares, “It’s behind us.”

Context is important, and relevance comes about only when the context is sufficiently fleshed out.

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 begins with a medical condition.  From there, however, the “context” must be fleshed out — the relationship to one’s job; whether or not there is a possibility for an accommodation; what “fleshing out” needs to be done within the context of the law, etc.

In a vacuum, a medical condition cannot “win” against the U.S. Office of Personnel Management in attempting to secure a post-employment Federal Disability Retirement annuity.  It is the experienced lawyer who can help in fleshing out the context in order to ground your case in relevance and “the law”.

Contact a lawyer who specializes in Federal Disability Retirement Law, and begin the process of formulating the relevant context in preparing, formulating and filing an effective Federal Disability Retirement application under FERS, through 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 under FERS: Learning a New Language

Perhaps, with modern technology, there is little need — or incentive — to do so.  There are “apps” for foreign languages, translation of phrases, and electronic dictionaries to convert concepts from one’s native tongue into esoteric languages of foreign origins.  And, like testing one’s knowledge and memory, something has been lost with the rise of technological ease.  No longer is it necessary to try and communicate by trial-and-error combined with over-exaggerated hand gestures, universal sign languages and facial expressions of grave frustrations.

No — we all just turn to our Smart Phones and allow for technology to perform the working of learning a new language.

In some instances, however, not even modern technology can assist in learning a “new language” — such as the language of Federal Disability Retirement Law.  For, in many senses, a Federal or Postal worker attempting to file for Federal Disability Retirement benefits must indeed learn a new “language” — of the rules of eligibility; of what constitutes a legally viable accommodation; of foreign terms and legal concepts which must be understood and grasped before moving forward.

For Federal employees and U.S. Postal workers who need to file for Federal Disability Retirement benefits, contact a “translator” who can assist and guide you in learning a new language — a Federal Disability Retirement lawyer.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Perfection in the details

Why is it that we never question the statement, “Well, this is an imperfect world; but in a perfect world…”.  What is “perfection” and who defines it?  Doesn’t it all depend upon the details within the definition?  Is a “perfect world” the same for everyone, across all cultural lines and within every community?  Or does it vary depending upon one’s background and upbringing?  Would a picture of a “perfect world” be the same, say, for a pious, religious zealot as opposed to a hedonist?  How about the contrast between a Libertarian and an Authoritarian?

So, in a recent description about an individual who was known to have held conservative religious beliefs, but who concurrently believed in weapons production and advanced technological weaponry, the question was asked by a student whether there was a contradiction between faith held and work engaged, and the answer was: “Well, in a perfect world, we wouldn’t need any such weapons; but this being an imperfect world, we would have to defend ourselves.”

To this answer, of course, there appeared no “follow-up” question; but shouldn’t there have been?  Such as: What is your vision and definition of a “perfect world”?  Well, one might answer, a perfect world is one in which everyone is allowed to be free to do what he or she wants without fear of retaliation or offense.  But is that a viable vision of a perfect world?

As freedom and liberty is never a license for unfettered actions, so a Hobbesian State of Nature cannot be the foundation for perfection.

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, the lack of perfection achieved is already self-evident: One’s health is a testament to that; and the manner in which the Federal Agency or the Postal unit has reacted to one’s health, is also an indicator of an imperfect world.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not be the perfect solution for the circumstances one is in, but then, we neither live in a perfect world nor must contend with a semblance of one.  Perfection matters in the details of every endeavor, and it is the striving towards perfection that matters, not in the achievement of it.

In preparing a Federal Disability Retirement application, always remember that there is never a “perfect case” where OPM will unquestionably approve it; but in preparing an application for Federal Disability Retirement, it is wise to seek the counsel of an experienced attorney in order to reach a level of perfection where, in retrospective regret, one does not have to needlessly say, “Well, in a perfect world…”

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: The Resistance

The initial reaction to such a title is the obvious one: To what?  Of course, Newton’s Third Law of Motion comes immediately to mind — of every action having an equal and opposite reaction; thus, when one posits a “resistance”, the natural query must refer to its opposition, as in, “What is it that we are resisting?”

Throughout our “stages of life”, we either comply, conform, “go along with the crowd” — or resist doing so.  There are “middle” ways, of course, and yet to compromise and resist “half-way”, or in a half-hearted manner, often seems to ruin the whole point of any resistance, doesn’t it?

If one is to be a revolutionary, the point is to be one completely, or not at all.  During the Sixties, there was the famous line (often misattributed to Abbie Hoffman, the Beatles and others) which declared that the movement’s participants would “never trust anyone over 30” — spoken by Jack Weinberg in response to a hostile interviewer.  The underlying point of the statement is quite clear: By the age of 30, most people have “sold out”, conformed, lost their youthful vigor to resist; or, put more simply, accepted the status quo and have become cynical.  Yet, isn’t there a natural inclination to “belong”, to not stand apart from the crowd, and to be able to live a quiet, unassuming life?

“Resistance” can thus have a duality of meanings — it can imply that one is part of a movement involving resistance to the status quo or, even its opposite; that one resists change and is integrally a participant of the status quo.  Resistance to change is the greater dominating force.  Change is a fearsome entity where the unknown is to be avoided at all costs.  To be a part of “the resistance” that refuses to conform — well, that is best left to those under 30, unattached and without obligations and responsibilities.

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, resistance to change is often the factor that procrastinates, and keeps a person in a “muddle of the middle” where conditions deteriorate but one stubbornly insists upon maintaining the status quo.

But as medical conditions deteriorate and as the Federal Agency or the Postal Service persists in seeking change — by forcing the issue and initiating adverse actions in order to fill the position with a person who is able to perform all of the essential elements of the position — resistance to change must be replaced with becoming a part of the resistance: By preparing and submitting an effective Federal Disability Retirement application with OPM and forging ahead into a future yet unknown.

Remember —even Jack Weinberg became a class of individuals that he resisted, and went on to become a consultant and an adjunct faculty member; in other words, he was once in the “Resistance”, then became that opposite and equal force to fulfill Newton’s Third Law of Motion.

Sincerely,

Robert R.McGill,Esquire