FERS Disability Retirement Law: The Gist of Life

The gist of life is similar to the grist of life: They both stem from the same question — what is the “essence” of X?

So, when a person comes in late to a conference, he or she asks the natural question, “So, give me the gist of what has been discussed before I arrived.”  Meaning, thereby, that a short synopsis of the “essence” of what has been discussed — i.e., the meat, the substance, the main points, etc., of the meeting.

Often, when watching a movie, reading a novel, coming into the middle of a conversation, and many other forms and formats, besides, a person can quickly get the gist of what is being discussed, what the movie is about, how the novel is progressing, etc.  Most people have a need and desire to comprehend the gist of what has been encountered.  While peripheral details are often important, unless one has understood the gist of whatever is being viewed, there is a sense of unease which develops.

That’s why husbands turn to their wives in exasperation with the pointed question, “But what is the point of it?”  For children, however, it is often the peripheral things which are most important — not whether the story has any central meaning, but the funny way in which Dad reads it; not in whether you come out clean from a bathtub, but whether there are enough soapsuds with colorful reflections; and not whether you have perfectly picked up after yourself, but to be praised for how you tried your best, etc.

We often forget that.  For, the gist of life when we grow older has more to do with how we conducted ourselves, and less with how successfully others view us.  Then, when a medical condition hits us, we realize truly what the gist of life is all about — not how many hours we worked, but which meals we missed with our kids.

For Federal employees and U.S. Postal workers who suffer from a medical condition and where the medical condition impacts the careers of the Federal or Postal worker, contemplation of initiating an effective Federal Disability Retirement application under the FERS system becomes the gist of what needs to be done.  The gist of life, suddenly, is that which was always taken for granted and never thought about — one’s health.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider the gist of life — of one’s health, to begin with.

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.

 

Postal & Federal Employee Disability Retirement: The Day We Realized…

So much can follow the ellipsis; The day we realized we were not the most brilliant; that there are others who are smarter, better looking, more physically adept, more talented; that even given the half-century or so of time that we have been allotted on this earth, we will never become wealthy; that we aren’t any good at X, Y or Z; that our children are not the best-behaved little angels we once thought they were; and so much more.

Some such realizations are significant; others, with a shrug and a wink, we should just let pass.  For, of course there are others more talented; of course, most of us will never become wealthy; of course, most children are brats (but we can love them despite such realizations); and of course, there are others who are smarter and more attractive.

But then, there are those realizations which are of impactful consequences — such as when a Federal or Postal employee realizes that he or she has a medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of the positional duties slotted.

On that day of realization, another such realization should follow:  Contact and consult with a retirement attorney who specializes in Federal Disability Retirement Law, lest a further realization occur:  That you were unaware of certain laws which can defeat a 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.

 

Federal Employee Disability Retirement: Peace of Mind

It is a wonder how information is restricted or fails to be disseminated.  Of course, like all insurance policies, one is never interested in the details of an insurance policy unless and until it is needed.  Insurance is often likened to “peace of mind” — and that is how it is packaged and sold.

You purchase insurance not only because it is required (such as auto and home), but because of the fear of the “What if” scenario: What if I die before my children have grown up? (life insurance).  What if someone gets injured on my property? (umbrella insurance).  What if I become disabled and am unable to work? (Disability Insurance).

Yes, there are private policies, as well, but fortunately 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, there is the added benefit of Federal Disability Retirement.

You may not need to access it for now, and for that, it provides a “peace of mind” until and unless it becomes necessary.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

FERS Disability Retirement Benefits: Deterioration

It is a process; a cellular degeneration that time inevitably forces; and the word itself evokes images of rusting old cars in junk heaps hidden behind high walls of metal fences where usefulness has long been abandoned.  The deterioration of the human body is a progressive process of inevitability, and while we fight in futile efforts to slow it down, much of our efforts are merely cosmetic and have little or no impact upon the underlying progress of the cellular breakdown.

We can eat healthily; maintain good posture; take supplements and vitamins; exercise; stretch; attempt to restrict activities which may be harmful, etc.  Yet, and nevertheless, the deterioration of the human body persists despite all such efforts to employ tactics to reverse the normal course of human destiny.

The workplace — and certain types of jobs — certainly contribute to the deterioration of both the human body as well as the psyche.  Even in this day and age, we perhaps dismiss the psychiatric deterioration as opposed to the bodily degeneration, minimizing the impact of stress upon one’s mental health.  In the end, however, deterioration can apply to both physical as well as cognitive health.

For Federal employees and Postal workers who suffer from either physical or mental deterioration, and where the Federal or Postal employee can no longer perform one or more of the essential elements of one’s Federal or Postal job, such deterioration may require filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Consult with an OPM Disability Lawyer who specializes in FERS Disability Retirement Law, and see whether the extent of your physical or mental deterioration qualifies for Federal OPM Disability Retirement benefits under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The developing case

Some things need time to develop; “news stories” are often those animals — of events that are “still developing”; or of relationships and stories, ideas and categories of things still in stages yet of potentiality and not of actualized inertia. Children develop; medical conditions, as well, are always in stages of potentiality — whether of a worsening condition or even of getting better.

For Federal employees and U.S. Postal workers who are in that “netherworld” of a developing case, where a medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, there is often nothing more frustrating than the feeling of being in a state of suspended animation — “suspended” because you know not what your status will be tomorrow or the next day; in “animation” because, although everything is still moving about and around, it is your career, your health and your life which is questioned and considered as questionable.

The developing case often involves multiple issues — of whether you have a doctor who will be supportive of your case; of whether you have the necessary time in service in order to be eligible; of whether you have given it enough time — and multiple other issues that, perhaps, cannot be affirmatively answered.  In such an event, guidance by an experienced attorney is needed in order to direct the Federal or postal employee through the maze of complex legal obstacles in preparing, formulating and filing an effective Federal Employee Disability Retirement application.

Like most of life’s struggles, the developing case needs to be planned and prepared well, and consultation with an attorney who specializes in FERS Disability Retirement Law is crucial to the successful outcome of a goal which is known, but cannot quite be reached because the path towards that goal is yet developing.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from OPM: All problems suspended

We all seek those moments, don’t we?  A period of respite, that time of suspended ecstasy where all of life’s problems are suspended, if only for a temporary span in order to regain our equilibrium, retake the focus lost and remake the moments wasted.  Isn’t that why people become obsessed with silly arguments on the Internet, in Facebook confrontations and twitter feeds, because it provides for a temporary assertion of power, the sense of winning, of defeating and devastating another, if only for a brief moment in this timeless continuum of problems to be encountered, embraced and finally solved?

In a perfect universe, all problems suspended would be tantamount to a conceived heaven where one need not worry about the daily problems of living a life – the human condition – that confronts everyone all the world over.

All problems suspended – every financial difficulty, relational complexities, consequences intended or otherwise resulting from neglect, negligence or simply thoughtless actions; for all and every one of them to be relegated to a heavenly sequestration like purgatory without judgment.  But that life could be discovered within such a state of joyous reprieve; we would all be dancing and praying to the gods that gave us such a present.

In reality, that is what going to the movies for a couple of hours of distraction, playing a video game, going out with friends, or spending a weekend reading and taking the dogs out for a long walk – these are activities engaged in where all problems become suspended, if only for a brief stint of relief from the daily struggles we all have to confront and “deal” with.

Unfortunately, there is one problem that can almost never be suspended – a medical condition.  The medical condition pervades and remains no matter how hard we try; and though we may be successful in “forgetting” for a brief moment, the problem is never suspended, only delayed in “remembering”.  For people who are in chronic pain, one cannot even forget for a brief moment.  Instead, whether actively in thought or lulled through a sleepless night, the medical condition is always there, never suspended.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition presents an even greater set of problems – of not being able to be accommodated and beginning to prevent the performance of one or more of the essential elements of one’s Federal or Postal job duties – it is time to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Delaying does not suspend the problem, but may only add to it; neglecting will not solve the problem, and may only magnify it; and while temporarily “forgetting” by engaging in another activity may distract from it, the brief nature of such thoughtlessness will only roar back with a greater sense of urgency, especially when dealing with the bureaucratic morass of the U.S. Office of Personnel Management, which is the agency that makes a determination on all Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Fate and fatalism

When people talk about “fate”, they must mean something more than what they actually state in an explanation.  People often misspeak, of course, or explain with justification without much thought put into the narrative given.  So, when a person says, for example, that “X happened,” and when asked why, the response is often, “Oh, it was just fate.  It was meant to be.”  What can that possibly mean?

To say that X occurred because it was “fated”, or was “meant to be”, is no different than to say that an apple is a fruit because it’s not an orange; it is a mere tautology that appears to give an explanation for the occurrence or justification for its designated category of identification, but provides no greater insight after the delineated discourse than before.

So, people must mean something else – perhaps (and this is pure conjecture and attempting to attribute kindness to an otherwise empty explanation) what is meant is that there is a Greater Being who intended and planned it; that, life in general retains a purposive direction, or that an underlying teleological undercurrent maintains a semblance of significance and relevance.

On the other hand, most people who talk about “fate”, when queried further, don’t quite believe in its cousin – fatalism.  The latter is the doctrine that things are bound by a predetermined sequence, however it may be fashioned, and one is unable to change the course of history.

We all like to believe that we have some “say so” in the process of our lives – that free will exists (even if one believes in the contradictory notion of an omniscient being who is omnipotent, as well) and that our choice in the matter makes some sort of a difference.  Such a notion, we often believe, makes a difference; otherwise, why even try?

Thus, people who believe in “fate” can be said to be “positive” looking, in that events that have occurred were as a result of “fate” in the sense that it turned out that way because it was meant to be so, without getting caught up in the negativism of “fatalism”, which more denotes a sense of helplessness and inability to have any say-so in one’s future.

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 key in preparing an effective Federal Disability Retirement application is likened to believing in “fate”, but refrain from falling into the trap of fatalism.

You do have a choice in the matter; how you formulate the Federal Disability Retirement application does make a difference; and while you may not have much control over your medical conditions, the choices you make in preparing an effective Federal Disability Retirement application will have some relevance and significance for your future, so long as you approach it as fated, without a sense of fatalism.

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 Employee Disability Retirement: Be Wary of the Non-Substantive

The evolution of words, their meanings, the subtle connotations and implications gained or lost over time — these are all of interest, if only because they reflect changes to society, often in tumultuous ways, as earthquakes which shatter and create fissures within human normative designs, and in the midst of the rubble, a sense of loss and shattering beyond the mere tragedy of linguistic ruins.

In Aristotle’s time, the term “substance” had a specific meaning; and any superficial reading of Plato and his concerns involving appearance versus reality, the mysterious substratum which follows upon the continuity of what we see, what we suspect to remain unrevealed beneath the surface of visual phenomena; and, indeed, the history of philosophy is a dialogue of content verses context, from Descartes’ search for certitude rendering the entirety of Philosophy impotent by turning inward towards the self; of Kant’s consolation of such self-immolation by bifurcating the universe into a known and unknowable void; and into the modern realm of Deconstructionism, post modernity, Derrida’s meanderings, and the modern hermeneutics of non-religious definition of truth, reality and the condition of man.

Within that greater context, we are left with the devastation of a simple truth:  The essence of man rarely changes; we merely make way for new window dressings.  But through it all, we must always be wary of the non-substantive, and harken back to Aristotle’s concerns; that which we create and leave behind, we want to ensure that it survives with some rock-gut matter that makes a difference and actually matters.

For Federal employees and U.S. Postal workers who are suffering from a condition, such that the medical condition impacts the capacity of the Federal or Postal worker to perform one or more of the essential elements of one’s positional duties in the Federal or Postal job, it is often that sense of loss, the discontinuity of what they were accomplishing, and the “leaving behind” of unfinished business, which pulls them from filing for what needs to be filed.

We like to finish what we began.  We want to leave a legacy, a memory of who we are, what we were, where we ended and how we got there.  The unfinished fabric of unwoven material leaves a fluff of scattered cotton fibers scattered for the winds of time to disperse.

For the Federal and Postal worker who has dedicated his or her life to a career in the Federal sector or the U.S. Postal Service, leaving is a trauma upon a trauma of medical conditions.  But the Federal and Postal worker must always remember, that the substantive course of life must always begin with the impetus of self-motivation, and within the shark-infested waters of the undersea in lands and foreign worlds where human calamity coalesce, the self-preservation of one’s health must begin first, and only then can one step forward into the universe of the next career, the next life, the follow-up inning of future legacies.

Taking care of one’s self by preparing, formulating and filing for Federal Disability Retirement benefits, whether one is under FERS, CSRS or CSRS Offset, through the U.S. Office of Personnel Management, is the move of wisdom if one is to secure a future of accomplishment and actualization of any remaining potentiality.  We all have reasons for not doing something.  Be wary of the non-substantive.  Focus always upon the true meaning of who we are, what we have become, and where we are going.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability under FERS, CSRS or CSRS Offset: To Lose a Kite

It is that loss of innocence; of a childhood cut and let go, a bifurcation of sorts, where the fluttering tail fades into the misty distance of time past, eternity unfulfilled, and the present moment shattered by a loss not valued by economic standards, but by the negation of that which was, will never be again, and won’t be coming back. The loss of anything is valued by the attachment of human passion, the trembling fear of future consequences known and yet to be determined, and the expectation of a hope left as a residue of hard work and toil.

Do we remember that loss of a kite, at a critical moment in time when the champion of winds clapped and cheered as we controlled the destiny of an artifice so flimsy in manufactured quality and yet defying the aerodynamic laws of the greater universe?  Neither the Law of Newtonian physics nor the quantum theories compromising Einstein’s theoretical constructs could defy the persistence of levitational determination, coupled with a coil of thread in the stubby little hands of a child, with but a tug and a pull; and then, suddenly, it was gone.

Is not the future of an adult like that fleeting moment? What a qualitative difference a day may make; when once free of pain, then to experience the excruciating agony of debilitating onset; or where rationality and promise set the course for future happiness, only to be overwhelmed by fear, anxiety, depression and panic attacks. Life is tough; but when a medical condition intervenes and tears apart the very fabric of living, that compromised life becomes almost an unbearable mesh of a twisted cathartic of impenetrable jungles of psychological, physical and emotional turmoils. For many, there is no escape, and that snap of a thin reed which left the child’s hand empty of promise, is all that remains.

For Federal employees and U.S. Postal workers who have the minimum years of service under FERS, CSRS or CSRS Offset, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management is often the best — if not the only — recourse out of a madness undeterred. Federal Disability Retirement is a benefit accorded to all Federal and Postal employees as part of one’s compensation package, and allows a person to stop working, receive what amounts to a lifetime annuity, while accruing more years in building towards a final retirement converted from disability retirement to regular retirement at age 62; and all the while, to live upon that rehabilitative plateau in order to attend to one’s health and well-being.

For, when a Federal or Postal worker is no longer able to perform one or more of the essential elements of one’s job, the choices become stark and limited: To continue in pain and agony; to walk away with nothing to show for one’s efforts and toil; or to file for Federal Disability benefits.

It is like the child who once felt the pleasure of life through the flight of a kite, only to experience the tenuous reed of promise when the snap of the thread leaves the twirling object uncontrolled and uncontrollable, left to the nuances of turmoil and trauma; but to move on is to forge a different path, with the echoes of regret howling in the memories of our childhood consciousness, never to be regained but for a semblance of fated warmth.

Sincerely,

Robert R. McGill, Esquire