Tag Archives: nalc disability retirement lawyer

OPM Disability Retirement Law: Of the Bad Today

One often pauses in today’s climate and asks, Is it worse, today?  Is the “badness” more prevalent today than in epochs past?

Then, the pause and the question itself must be contextually “filled in”, like the gravedigger who digs a rectangular hole but stops and asks the absurd question, “What if there is no body today?”  Then, of course, you are digging a hole just to dig a hole, and the entire context and purpose suddenly disappears.  So, what is the context?  Well, for starters, Worse in what way?  And worse, for whom?

Certainly, if you were in prison at Auschwitz in 1944, there is no comparison worth making.  Or, if you were a Native American forced from your ancestral home to march the Trail of Tears, or an American soldier on the Bataan Death March in 1942 — surely, the “badness” perpetrated upon those people (answering the 2 questions, For Whom? and, Worse in What Way?) cannot compare to today?

And, in retrospect, it may be that America reached its pinnacle as a world power sometime during the 2 decades after WWII; for, surely there was no greater world dominance than the American specter following the Allied Victory against both Japan and Germany?

But even then — of the 1950s and early 1960s, the question still looms, For Whom?  Many African Americans who fought bravely in WWII thought that, having faithfully served their country against the forces of fascism and Germany’s genocidal racism against the Jewish population, surely — this time — things were going to change “back home”?

But no, they found that the post-war economic boom was not all inclusive, and that they would have to fight not only Nazi Germany and Imperial Japan, but within the borders of their own country, just to reach some status of equality.  And so we turn full circle and ask, Of the Bad Today, was it ever this bad?  Well, it depends….

For Federal employees and U.S. Postal Service workers who suffer from a medical condition where that medical condition no longer allows you to to continue in your Federal or Postal career, the Bad of Today has been your chronic and debilitating medical condition, and yes, it is worse than the Bad of Yesterday — if only because you are no longer the young and healthy whippersnapper you once were.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and let not the Bad Today extend into the badder of tomorrow.

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 Law: Mantel and Mantle of Sadness

By either word, it relates to the significance of the emotion, and where it is placed — or remains — in one’s daily life.  Is sadness placed for prominent display upon the mantel of your existence?  Or, do you cloak yourself with the mantle of sadness, and walk about each day with it tightly wrapped around you?

Other characteristics can also be applied — as in the medical condition which one suffers from; the daily pain which one experiences; the panic attacks, depressive moods, and heightened anxiety which cannot be avoid, impacting the ability to perform one’s essential duties in one’s Federal or Postal job.

Is it time to take the medical conditions down from the mantel, and by doing so, shed the mantle which impacts and pervades all aspects of your life?

Federal Disability Retirement is a benefit available to all Federal and Postal employees under FERS, who have a minimum of 18 months of Federal Service.  Whether it is the mantel or mantle of sadness, or the mantel / mantle of a medical condition which needs to be attended to, you should contact a FERS Medical Attorney who specializes in OPM Disability Retirement Law, and see whether or not you, as a Federal employee, may be eligible for a Federal Government benefit you deserve.

For, in the end, however we try and escape or avoid life’s difficulties, it is the mantel of our own making, or the mantle we choose to enshroud outselves in, which will make all the difference.

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.

 

Early Retirement for Disabled Federal Workers: Becoming a Stereotype

Perhaps it is an unfair characterization, or an image which is arcane and archaic — and yet endures as a residue from the old days, like smoking cigarettes and leaving nicotine stains on one’s inner side of fingers.  We hate stereotypes.  They linger; they remain as images we try and counter and overcome; and when it becomes a truism, we fight to try and prove its opposite.

Medical conditions prevail upon a stereotype like a winter’s storm or the devastation of a hurricane upon a coastal town.  Our image of ourselves is quite different: vibrant; still much contribution to give; still full of life, hope and happiness.  Yet, others begin to see you as the doddering old man or woman who can no longer contribute to the mission of the Federal Agency or the Postal Service.  That is how Federal agencies and Postal facilities view you.  Let them.

Consult with an OPM Medical Retirement Lawyer who specializes in Federal Disability Retirement Law, and begin the process of moving on to another career, another phase in life, another stage — and quit worrying about becoming a stereotype; for, in the end, it is the one who sees the world in images of stereotypes who are the stereotypical dunces who fail to ever grow beyond.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

Federal Employee Medical Retirement from OPM: The Triangle

Aristotle believed that the three components of a successful argument required: Logos; Ethos; Pathos.  Logos — the potency of a logical, coherent structure.  Ethos — the character and reputation of the speaker who would deliver the argument.  Pathos — the “emotional” element in the argument to be made.

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, perhaps the Pathos is already there — of the medical condition itself which has devastated your capacity to continue in your chosen career.  But that is not enough to persuade the U.S. Office of Personnel Management to approve your Federal Disability Retirement application.

You will still need the other two components — a strong legal argument which is coherent and powerful, and the reputation of a FERS Disability Lawyer who is a proven advocate for your Federal Disability Retirement claim.  Contact a Federal Disability Retirement Lawyer today and consider the triangle of a successful Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Early Out for Federal Employees with Disabilities: Indicators

They are the flashing lights to warn others of actions about to be taken; or, they can be “clues” which allow for a preview of things yet to occur.  Retrospectively, we are all experts at identifying them; prospectively, many of us ignore or are otherwise oblivious to them, despite their obvious presence.

When we perform a forensic analysis in looking back, we will often realize that there were, indeed, many indicators which should have forewarned us of the impending troubles.  While no one likes to play Monday-night quarterbacking (actually, we all love doing it; we just like to pretend as to its involuntary necessity), such forensic analysis is a useful tool in apprising ourselves of the things which we missed.  But when an event in life occurs only once, or we only have one shot at something, no amount of retrospective analysis is going to be helpful.

Medical conditions have that characteristic — of indicators or signs which should have warned us of future problems, of which we dismissively ignored in hopes that the warnings — and the future substantive troubles — would simply go away.

Filing for Federal Disability Retirement benefits under FERS is also like that — while you have 3 Stages in order to get approved (the 4th Stage being an irrelevant one because there is no quorum on the MSPB Board), you normally only have this “one-shot” at obtaining an approval.  Because of this, it is important to consult with a FERS Disability Retirement Lawyer and make sure that all of the “indicators” are taken into account before you make that proverbial “right turn” into the future.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Righting the Mistakes

Some have posited that we actually need 2 lifetimes: One for living, and another for righting the mistakes made in the first lifetime.  Then, a “Mark-Twain humorist” once quipped that, No, human beings need at least 3 lives — the first to live; the second to right the mistakes of the first; and another to do all of the things we always wanted to do but didn’t get a chance to because we were too busy worrying about it.

Life, indeed, is a series of regrets, and most of us still have consciences such that we worry and ruminate about the mistakes we made; how we go about “righting” those mistakes; and finally, on our deathbeds, to simply cry out for forgiveness because the weight of our past is too much to bear.  We can spend most, if not almost all, of our lives trying to correct the errors of our error-filled past; and, if not that, to worry about it.  Often, we don’t even know that we are making the mistakes until it is too late, or until that moment of revelation when we say to ourselves — How did I get myself into this mess?

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 important to try and file an effective and — as much as possible — an error-free Federal Disability Retirement application.  There is much to be worried about in filing a Federal Disability Retirement application: the complexity of the process itself; the legal hurdles which must be overcome; the bureaucratic morass that must be fought.

Consult with an attorney who specializes in Federal Disability Retirement Law and try and avoid the mistakes at the outset. In Federal Disability Retirement, you surely do not want to spend your “second life” righting the mistakes of your first life.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement for Federal & Postal Workers: Meaninglessness

Without the second added suffix, it remains an adjective; with the addition of the second suffix, it becomes an abstract noun denoting quality and state of being.  The combination of the duality if suffixes, altering it from an adjective qualifying a noun (as in, “This meaningless activity”) into an abstract noun standing alone (as in, “The meaninglessness was evident in the manner he lived”) makes for an interesting conceptual construct.

It is, indeed, a word which describes a state of being — both the quality as well as the “kind” of.  It also denotes something else: that, at some time prior, both suffixes were absent, leaving the root of the word and the core of its origins intact — that of “meaning”.  It is thus a word which describes both a state “before” and a condition “after”, of once having had it, then losing it, then becoming a state of perpetual loss.

It is, in the end, the “state” of being which becomes of concern.  For, left as an adjective, one can argue that it is merely a temporary mode of being, as in: “The meaningless endeavor he engaged in was to merely get him through the day.”  However, when the second suffix is added and the root word alternates from becoming an adjective into an abstract noun, the denotation of becoming a permanent construct of eternal loss becomes ever more problematic.

So, as life mirrors language, and language expresses our inner state of thoughts, it is not only the meaning of words which becomes important but, moreover, the way in which we actually live.  Meaninglessness, as a way in which we live, becomes ever more pronounced when our health deteriorates.

For Federal and Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of ones Federal or Postal job, the problem of “meaning” and “meaningless”, as well as “meaninglessness” becomes ever more pronounced.  As one’s health deteriorates, and as work becomes a greater struggle, so the once-meaningful career becomes a greater burden and begins to gnaw at the root of one’s existence.

While Federal Disability Retirement may not be the answer to all of life’s difficulties, it allows for a Federal or Postal worker to re-focus one’s priorities in life and turn one’s attention back to the basics — that of health and meaning. Consult with a FERS Attorney who specializes in Federal Disability Retirement Law to discuss the particulars of your case, and begin to discard the suffixes which drag you down.

Sincerely,

Robert R. McGill, Esquire

OPM Medical Disability for Federal and Postal Employees: Comparisons

Does it help to make them?  Do we take comfort in judging the relative plusses and minuses in making comparisons — as in, X has A, B and C, but I have, in addition, D and E, and therefore I am more fortunate that X is.  Or, is it a comparison of one’s conditions, as in: “Boy, at least I don’t have X like Lisa does”, or “At least I am not in Y’s situation”?

To the extent that comparisons remind us of that which we are blessed with, they allow for a certain level of utilitarian value.  But there is a negative side to it: Of jealousy engendered by comparison, or of discontent resulting from making one.  Rousseau, of course, makes that point throughout his “Social Contract” analysis, of the purity of man’s intentions in that fictional state of “nature” that we were once in, but where society’s accretions of materialism created the artificial emotional response of discontent and jealousy.  But compared to what?

It is important to make the fair and correlative comparisons which are relevant — as in “apples to apples” and not “apples to oranges”.  For, it is the uniqueness of each entity, object or situation to be compared with the singularity of another that makes for a proper comparison.

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 inadvisable to compare one’s case to somebody else’s.  For, the proper comparison is not to evaluate one’s medical condition and the severity of one’s medical condition to that of another person’s medical condition; rather, the proper comparison in a Federal Disability Retirement case is to compare one’s medical condition to the essential elements of one’s position.

Thus, comparisons made must always take into account the relevant connections which relate not just in terms of similarities, but as is the case in Federal Disability Retirement Law — in what the law allows for and considers significant.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: The Percentage Game

We all play it; whether in calculating the chances of success (most of us are not knowledgeable enough to be statisticians, not having paid close enough attention in high school or college to that mathematics course regarding the numerical analysis of a numbers-based algorithm), or in merely keeping an eye on interest rates in the housing market, or perhaps taking note of how likely it is to be attacked by a shark before we step into the polluted waters of the Atlantic.

OPM certainly plays the game — one needs only to look at a Denial from the U.S. Office of Personnel Management to realize that, the manner in which the Denial of a Federal Disability Retirement application is written, there will be a certain percentage of people who will read it and say, “Gee, I never stood a chance.  I might as well not even go any further.”

The Denials are often written in unequivocal terms, stating with a tone of certainty that there was never any basis for filing, and that any further efforts would be fruitless and futile.  And from that language of certainty, a certain percentage of Federal Disability Retirement applicants will simply give up and walk away.  That is what the percentage game is based upon.

For Federal employees and U.S. Postal workers who have received a Denial from the U.S. Office of Personnel Management, it is wise to consult with an experienced attorney who specializes in Federal Disability Retirement Law to perform an objective-based evaluation of a Federal Disability Retirement claim.  Better, yet, consult with such an attorney even before you begin the process, to ensure the best chances in this “percentage game” which OPM plays.

Sincerely,

Robert R.McGill, Esquire

 

FERS Disability Retirement for Federal & Postal Employees: Seeking

Isn’t that the condition for life?  That we continually engage in the very human act of seeking, whether for personal growth or professional aptitude; but it is always that constant need to know, to expand, to cross borders and extend beyond the invisible ceiling or barrier that is placed from our birthright to explore and to seek.

Seeking is a hallmark of human behavior; it is the constant seeking that keeps us reinvigorated, alive, instilled with hope and painted with the colors of future dreams. Without seeking, we become staid, unadventurous, static and timid; the world becomes threatening because we have stopped and stunted our own growth potential.  Seeking is always coupled with hope; hope, often seen with future aspirations; and when the seeking stops, it is normally a symptom of a disease which destroys hopes and aspirations.

Medical conditions often undermine the human desire to seek; for, the disease that destroys and disrupts is the same which diminishes one’s hopes and aspirations.

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, filing for Federal Disability Retirement benefits becomes an important next step in order to regain that human desire for seeking — for one’s future and one’s hopes and aspirations.

Contact an attorney who specializes in Federal Disability Retirement Law in order to move beyond the morass of struggling daily to maintain a Federal position when it has become clear that one’s future is no longer compatible with the Federal or Postal job one holds.

Sincerely,

Robert R. McGill, Esquire