Tag Archives: occupational disease owcp federal government employee lawyer

Federal Disability Retirement: Soundness of Sleep

Whether and to what degree we attain it depends upon so many factors.  Some contend that it has to do with a clear “conscience”, but one doubts that, as there are plenty of horrible people whose consciences should be bothered, yet who enjoy the soundness of sleep.  As “sin” is now considered by many an outmoded and antiquated concept, few are bothered enough to have an interruption in such soundness.

But then, goes the argument — Why are so many people unable to have soundness of sleep?

Diagnosed “sleep disorders” appear to be on the rise — of Obstructive Sleep Apnea; of interrupted sleep cycles such that the affected individual in unable to attain the restorative slumber necessary for the next day’s activities.  All sorts of medical “cures” are being offered: From sleep medications to CPAP machines and equipment; advice on what to do and not to do in the hour before sleep; and many other medical applications, all in order to assist in achieving that pinnacle of slumber’s bliss: The Soundness of Sleep.

For Federal employees and U.S. Postal workers who suffer from a medical condition — of Obstructive Sleep Apnea; Profound Fatigue; Excessive Daytime Somnolence, etc. — the impact upon one’s inability to perform the essential elements of one’s Federal or Postal job can be a primary basis in qualifying for Federal Employee Disability Retirement benefits.

Contact a FERS disability expert who specializes in Federal Disability Retirement Law, filed under the current retirement system for Federal employees, FERS, which is processed through the U.S. Office of Personnel Management, and see whether or not the lack of Soundness of Sleep may be a basis for your future Federal Disability Retirement benefits.

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 Employees Retirement System (FERS) Disability Retirement: The Vanishing Point

If you are old enough, you know the reference to the 1971 “cult” movie.  It had a strange ending, and allowed for lengthy discussions which meandered into the apparent profundity of pure pablum.  In the end, it was just a “fun” movie.

In reality, the vanishing point occurs daily.  As one grows older, you come across people you once knew but who have “passed on”.  We antiseptically and euphemistically apply the careful language of avoidance, but the blunt truth is that people die or move out of our frame of reference every day.

The vanishing point includes many aspects of one’s daily life: The family dog that dies; the elderly parents who pass on; the coworker who suddenly quits and is never heard from again; the guy across the office who becomes hospitalized and never comes back, etc.

It is the “etc.” which is the reality of life — we all move on; it’s always the other person who is somehow left behind.  That was another one of those movies, wasn’t it?  “Left Behind” — a movie and series about the biblical concept of the apocalypse and people being left behind.  The fact is, the “vanishing point” begins long before a person is left behind; we just don’t know the private struggles which are being faced throughout.

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 “vanishing point” has already begun.  It began with the medical condition.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement, and begin the process of validating the vanishing point from your job by initiating the administrative process of filing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer
Postal & Federal Employee Retirement Attorney

 

Federal & Postal OPM Disability Retirement: The Troubled Life

In one sense, all lives are troubled; otherwise, we would not be speaking about life at all, for “life” itself is a series of troubles encountered.  Every now and again, we hear about a life which was “privileged” or “blessed” — of a carefree, essentially trouble-free existence.  But how long can that last?  And was it truly an advantage to have such a childhood?  For, part of “growing up” and preparing for the “real world” is to introduce internal tools to “deal” with problems encountered.  If a child is not properly prepared to handle and engage in the task of problem-solving, then he or she will indeed be at a disadvantage when first entering the world at large.

There are troubled lives, and then there are the rest of us — of lives with troubles.  The troubled life is one in which transition from childhood to adulthood never occurred because proper preparation was never allowed for.  The troubled life that the rest of us lead — of a life full of troubles, often like an endless series of problems to be solved — is simply the norm of regular living.  This life is a troubled one precisely because life itself presents an endless series of challenges to be solved; and it is the “how” of that encounter that makes all of the difference. It is never a static continuum, however, and there are times in life when there are more troubles than in other times.

For Federal employees and U.S. Postal workers who must confront the troubles of a medical condition and all that it entails in trying to perform all of the essential elements of one’s Federal or Postal job, the time to file for Federal Disability Retirement benefits may have arrived.  Proper preparation; an effective application; the “tools” needed to maneuver through the complex administrative process; these are all “troubles” which need to be confronted and “problems” to be solved.

The “troubled” life for a Federal or Postal employee contending with a medical condition remains so unless the tools of resolution are applied, and in order to utilize the proper tools to resolve the troubled life, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Pretzels of Arguments

Anyone with a thought can argue; of a voice which is louder, more aggressive; of incoherence in an age where logic has been abandoned and rationality of methodological proof is unnecessary, but where one’s “feelings” or whether one belongs to this or that victimized class in and of itself validates the propriety of an argument’s perspective.

“Pretzels of arguments” is a concept which evokes an image — a metaphor of sorts — where one has had to engage in a series of linguistic contortions in order to get from Idea-A to Conclusion-Z.  In modernity, however, the metaphor fails to define the illogical structure of an argument, for methodological soundness is no longer applicable: That is, one need not worry about the missing “middle term” in a syllogism or a necessary nexus between sentences in propositional logic precisely because in today’s methodology (if one can identify it as such) of logical discourse, there are no rules which apply.

Yet, pretzels of arguments still confuse us.  There are those who intentionally aggregate the conflate multiple arguments in order to confound; or, others who simply cannot restrict one’s thoughts into a coherent conciseness and therefore must speak in paragraphs where a couple of sentences will do quite nicely.

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, a necessary condition in preparing, formulating and filing a FERS Disability Retirement application with the U.S. Office of Personnel Management is completion of SF 3112A — Applicant’s Statement of Disability.

Some applicants provide an abbreviated annotation to the questions on SF 3112A (which is probably not a great idea), while others provide a voluminous account in response to the questions, going on for pages upon pages in pretzels of arguments that can confuse and lead one into a morass, lost in a forest of language (also not a great idea). SF 3112A should be completed with thoughtful precision — of providing enough information for an approval of a Federal Disability Retirement application, while leaving out unnecessary and confusing information.

Leave the pretzels of arguments for friends and family when holiday gatherings need some confusing diatribes in order to avoid the two rules of pleasantries: leaving politics and religion — those two subjects where pretzels of arguments are most needed.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement for Federal Workers: The house next door

It is the one that follows the same comfortable convention for all these many years — of never knowing the intimate details; a wave of the hand every now and again; of fleeting appearances on various days, such as recycling, garbage and the occasional Saturday when the in-laws from out-of-state come to visit on Thanksgiving, or a birthday, or perhaps when a tragedy occurs and the sudden appearance in the driveway that is filled with cars never before seen.

The house next door, or across the street —the neighbor who you do not know, and somehow never got around to knowing, whether because they were latecomers or you were, and the “other” didn’t seem all that willing, friendly or “neighborly” to begin with, and so a settled truce became the daily routine that never altered, never became a problem, and forever became entrenched in the mundaneness of deliberate social avoidance.

We imagine what occurs in the house next door; or, perhaps not at all, except to complain when they’ve made too much noise, let their grass grow beyond the acceptable conventions of normative beliefs (or otherwise in violation of strict codes imposed by the “lawn police” of the local Home-Owner’s Association), or parked one of their cars in front of your house (yes, it is true — that street section in front of your house is actually not your property, and though it may be obnoxious, the house next door has every right to park the car on your side of the street, right in front of your house).

We never know what occurs to the house next door until one day we read about the tragedy in the pages of the obituary in the local paper.  There is a sadness in that very fact; or, perhaps that is the way we have set up this disinterested and alienated society?  Do we prefer to remain ignorant of the goings-on of the house next door?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition forces the preparation and filing of a Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, it often feels like living in the house next door — for, suddenly, you find yourself looking at familiar surroundings from across the street, or from beyond the fence that separates, and you begin to wonder whether you ever knew your neighbor, and what they are up to.

There is an alienation involved, and you must always remain suspicious as a “new” car is suddenly seen parked across the street, and the Supervisor or coworker seemed to be sharing information and gossiping with furtive eyes averted from your view; and yes, the Federal Agency or the Postal Service may be getting ready to initiate an adverse action of some sort — like the house next door that you never knew and now would rather not.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Distant lights dimming

How can distant lights dim when they are mere specks upon a blanketed panorama of darkness?

One looks up at the stars and we are told, of course, that the sparkling tapestry may contain those which are already vanished, and what we “see”are merely the residue of a dead or dying star.  In a universe based upon a visual-centered arena, the reliance upon sight to establish facts and verify truth-statements cannot be avoided.

That was Berkeley’s problem, as well — and one which he deftly avoided by re-defining the definition of existence by tying it inextricably with “perception”, including visual, auditory and tactile means.  Much later, and after a series of devastating criticisms launched at the entirety of empiricist tendencies that some would counter artificially manufactured unnecessary philosophical problems (but isn’t that the “fun” of philosophy — to always be left with more problems to solve than the day before?) which haunts us to this very day, Wittgenstein came along and waved aside such conundrums by relegating all such issues to mere problems of linguistic confusion.

Thus was reality divorced from the language we use to describe the phenomena that surrounds us, leaving science left standing as the Last Man and the primacy of philosophy relegated to the dusty shelves of Medieval Times.  Distant lights dimming?  No more a problem than the campfire dilemma — for, do we say that because we cannot precisely pinpoint the demarcation between light and darkness at the periphery of a glowing campfire, that therefore no campfire exists at all?  Of course not!

It is thus not the result of the physical objectivity of the world around us that confuses, but the inadequacy of language that confounds.  Yet, as Man must communicate by means of language and operate effectively within the objective world, so the development of various “language games” must by necessity evolve into greater heights of absurdity.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts upon the reality of the “objective” world — entrance and introduction into the binary universe of language games and the greater world at large must also, by necessity, come together in the form of preparing, formulating and filing an effective OPM Disability Retirement application.

You have the medical condition; the medical condition is impacting your ability and capacity to continue in your present position as a Federal employee or U.S. Postal worker.  Such a medical condition may necessitate filing for Federal Disability Retirement — but understand that submitting a “paper presentation” to the U.S. Office of Personnel Management, whether you as the Federal or Postal employee under FERS, CSRS or CSRS Offset, requires an adequacy of language that must go beyond the reality of the medical condition itself.

And like the distant lights dimming, what actually “is” may be divorced from the language which must be carefully chosen and transcribed, lest such inadequacy fails to describe and delineate the reality of the medical condition from which you suffer.

Sincerely,

Robert R. McGill, Esquire

 

U.S. Government Employees Disability Retirement: Failing to meet those goals

Goals define an aspect of humanity that differentiates from the beast; just look at nature and the existential encounter with the “now” at all times.  Animals besides Man look at the world around and respond appropriately and accordingly.  For them, the future is the now; the past is merely a basis upon which to react in this moment of time; and what the appetitive parts of the soul require, the predator attempts to satisfy.

Goals, on the other hand, project into the future.  They require plans, painted by hopes and dreams, and follow upon the trail of golden dust left in residue by the wings of flying angels fluttering by to whisper thoughts of tomorrow and beyond the mortal constructs of our everyday lives.  Reality, of course, dashes those very hopes and dreams, and places obstructions to prevent the accomplishments of those very goals we set.

Humans love projects – whether because of Heidegger’s cynical view that we engage in them merely to avoid thinking about our own destiny to nothingness and annihilation, or merely because that is who we are:  sentient beings who can only be content by projecting into futures yet unrealized, such that our potentiality is always in the molding and making each moment of our lives.

What makes us tick?  Who are we?  What imprint do we want to leave to better the world before we depart?  What can we do to make the old lady across the way find a moment of happiness, disrupted because of tragedies felt and experienced in private lives of living hell?  What inventions, refinements and accomplishments may we reach before we depart this earth?  What is our 5, 10, 20 year plan – sort of like those old Russian declaratives in meeting thresholds of farm output in a communal setting of common goals defined?

We may scoff at them, but we all engage it:  Goals in our personal lives, and endured throughout our professional capacity.  The corollary, of course, is that those who set goals also experience the failure of having not met them.  That is the Yin Yang principle of life.  Being and Nothingness; Life and Death; Happiness and Misery; Goals and Failures.

For Federal employees and U.S. Postal workers who need to file a 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, the bitter taste of failing to meet professional goals is bundled up with complexity of emotional turmoil when a medical condition cuts short the career goals of the Federal or Postal employee.

Accepting the shortness of meeting those goals often extends, unwisely, the point at which the Federal or Postal employee should be filing a Federal Disability Retirement application.  Yet, that is simply part of being “human” – of exerting self-will beyond what is good for one’s self; of ignoring pain and anguish and just continuing to engage despite self-harm; and always attempting to “meet those goals” despite all cautionary indicators telling one otherwise.  But health is what should be the goal, now, and not the completion of those projects that we believe only we can accomplish.

Life will go on; and failing to meet those goals should never be the final impediment to the ultimate goal one should prioritize:  Of health, life, happiness and family, somewhat in the order stated.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from USPS or other Federal Agencies: Solomon’s choice

Even in this age of millennial ignorance of ancients, literary or biblical references to arcane metaphors (while taking delight in such useless information as the minutiae of Sanskrit grammar), the general view that King Solomon’s judgment was profoundly wise, is accepted without argument.  Yet, were his assumptions correct, and do they apply today?  Is it presumptively reasonable that love of child would rise above the other emotions felt – of jealousy, perhaps, or envy of the other mother – and declare the truth of the hidden motive?  Is there a priority or order of sequence that necessarily mandates truth to manifest itself, when the choice is one of death, loss, sacrifice and the horror of splitting a baby into two?

Of course, beyond the significance of the epic story itself, is the metaphor we are left with in living our daily lives – of making a choice between honor and its opposite, or of Truth and Falsity; of enduring for the sake of X as opposed to sacrificing in the light of Y.  To embrace a Solomon’s choice is to accept that there is a binary presentation in life’s offerings, and while that is often the appearance of a case, it is the stark reality of the limitations of alternatives available, that makes a decision to be made difficult and unenviable.

For Federal employees and U.S. Postal workers who must endure and “deal with” a medical condition, such that the medical condition has come to a point of interference with many of life’s major activities, including employment and performing the essential elements of one’s Federal or Postal position, the options presented are often binary, and sometimes adding another to create a trinity of choices.

The Federal or Postal employee can remain and endure; or, if the Federal or Postal employee has met the minimum eligibility requirements (18 months of creditable Federal Service and an evidentiary basis of showing that a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job), consideration should be given to preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

The “other” choice, of course, is to walk away and do nothing; but that is, in effect, no choice at all, for the time invested and accrued in one’s Federal or Postal career should never be discarded and forgotten, especially when the second option is there to be accessed.

In the end, perhaps Solomon’s choice was, likewise, parallel to that “third” option which resulted in the decisions made, and as a consequence, bore the fruits for the future Trinity.  To split the baby in half could never have been a serious consideration, just like walking away without trying should rarely be considered by a Federal or Postal employee who suffers from a medical condition which prevents him or her from performing one or more of the essential elements of one’s Federal or Postal job.  Solomon’s offer was, of course, a wise one; for, in the end, he knew that such a choice was an untenable one, just as the Federal or Postal employee knows that filing for Federal Disability Retirement benefits is the one which will ultimately be the wise one.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employees Disability Retirement System: The Stradivarius

It has come to represent a superlative; a standard of excellence which cannot be exceeded, and considered as the penultimate achievement beyond which only angels and heavenly bodies can ascend to, or hope to touch like the light mist of dawn slowly rising to the tips of the alps wrapped in the greenery of nature’s untouchable paradigm.

The history of related intrigue is without match, as well; of the secrets protected within the family of instrument makers; of smugglers and thieves and the attempts by collectors to preserve the remaining authenticity of those made by the master of violins; and the keen eye ever wary of impostors and counterfeiters.

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, it would be well to always keep the symbol of excellence in mind, as the goal to achieve.

The shabbiness of putting forth a half-hearted attempt at anything is demeaning; an achievement through error or accident is rarely of any consequence; but by reaching a height of excellence within the context of suffering from a condition which impacts one’s ability to perform the essential elements of one’s job, is to recognize the worth of one’s capacity to still maneuver the winding complexities of this confounding world.

The gathering of proper medical documentation; the clarity of expounding the necessary bridges and legal argumentation in compiling an effective OPM Disability Retirement application; these all need to come together, like the master’s hand in constructing an instrument of heaven’s whispers.  The daunting task of facing a bureaucracy can always be disheartening; the goal of achieving a successful outcome, however, should always be the eye which guides, and excellence the key to that endeavor.

For the Federal and Postal employee who wants to file for Federal Disability benefits through OPM because one’s Federal or Postal career has now come to an end, the final step in creating the music of an orchestrated exit should be to ensure the excellence of an OPM Disability Retirement application, in order to step into the next phase of life, and to achieve the subsequent future for a Stradivarius achievement.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Benefits: Fatigue of Life

There is clearly a distinction to be made between the general fatigue which life blows upon us all; like the child left to play outside in days of yore, and comes back with the grime of healthy dirtiness, the imperceptible layers of life’s hardships cover everyone, like the light dusting of snow overnight revealed in the morning dawn of a winter’s day.  But the profound fatigue which overtakes one from the daily battle against an incapacitating medical condition, is a difference which cannot always be adequately described, if ever.

The medical condition itself creates a circumstance of unique debilitation; the fight against it, whether without one’s conscious involvement — as in the soundless battle of healthy cells against the invasion of marauding maladies, as opposed to the exertion of willpower to continue on in engaging the daily living of life’s challenges — is of somewhat irrelevance, inasmuch as the combination and totality of one’s entire being is always and every day in the midst of the fight.

It is that subtle distinction which the healthy person is unable to understand; it is not life’s fatigue which prevails upon the sick person; it is the sickness itself, in addition to the fatigue of life.

For Federal and Postal workers who must contend not only with the daily grind of life’s routine, facing the bureaucracy and administrative headaches of filing for Federal Disability Retirement benefits through one’s agency (if still with the agency or otherwise not separated for more than 31 days), and ultimately through the U.S. Office of Personnel Management, is a challenge beyond that foray of the day’s entanglement with the world.

Federal and Postal employees must do the everyday things that all of us do:  attention to personal needs; work, if possible; interaction with family, neighbors, coworkers; and beyond, the fight against the medical condition itself.

Filing for Medical Retirement through OPM, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is to face another of life’s challenges, beyond the daily routine and call of one’s duty and commitment to everyday life.  And since defeat is never an option, and giving up is not in the American character of perceived self-image; whether one is faced with the fatigue of life, or of life’s challenges beyond the general malaise of daily living, it is how we face the cup of gruel we are served, which will determine the future path as yet unknown, as yet unsettled.

Sincerely,

Robert R. McGill, Esquire