Tag Archives: office of personnel management disability reconsideration

OPM Medical Disability Retirement Benefits: Per Se

The phrase, or word, is often misused or misapplied, but it always sounds intelligent when peppered about in sentences; annoying, when it is over-used and emphasized ad nauseam.  Essentially, it means to point to the importance or significance of something — by or in and of itself, intrinsically.

So, if you point to a person within a group and declare, “He isn’t the only one, per se, who can get the job done!”  Or, “It is not only the photographs, per se, which should convict the defendant, but…”  It is likely not a good idea to insert such a phrase when arguing to a jury, for it would probably confuse them, rather than enlighten them.

In the end, the phrase, “Per se”, is meant to focus the attentive signification upon the subject in question, but the way it is used/misused — with hesitancy and lack of confidence — often detracts from the strength of the phrase itself.  Thus, when a person says, “I’m not saying that my work, per se, is the best I have done.”  Huh?  What?  What did he just say?

For Federal employees and U.S. Postal workers who suffer from a medical condition, per se, and wish to file for Federal Disability Retirement benefits, per se, because the Federal or Postal worker can no longer perform one or more of the essential elements of his or her job, per se, it might be a good idea to contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, per se.

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 Attorney Blog: Life With Abandon

Some would say that it is the only way to live life; others, that caution and thoughtfulness before proceeding is the wiser course of action.  Are the choices merely a reflection of age, as opposed to a life lived resulting from upbringing or personality?  Does youth and inexperience reflect the yearning to live life with abandon, whereas old age brings about the cautionary tale of the brother to the prodigal son who stayed behind and attended to his duties?

Upon watching a young child play with abandon, an old man remarked to the concerned mother, “Life will teach the young lad soon enough, and the cynic will foster from the experience of abandon”.

But do we all learn from experience?  Why do we idolize the successful person who “goes for broke”, and quickly forget the ones who do that but “fail” in life?  Do most of us relate to the football team that tries to preserve its 3-point lead in the fourth quarter, but loses in the last 30 seconds of the game because of cautionary trepidation? Do we all think we are that quarterback who plays with abandon, or the one who tries to preserve the lead?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal employee to continue in his or career in the Federal government, “life with abandon” is sometimes merely the next step in one’s career and life by preparing a Federal or Postal Disability Retirement application under FERS, to be submitted to the U.S. Office of Personnel Management, may be the Fourth quarter pass which wins the game.  It is all in the way and manner you see things.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and consider whether filing an effective Federal Disability Retirement application may not be the admixture of both — a cautionary life with abandon, done the right way.

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: Smelling the roses

It is a simplistic attitude, but one whose truism dominates and attracts: to enjoy life and have the capacity to relish in it.

“Stopping to smell the roses” is all well and good to declare when you don’t have much to do, or when you are in a position to reverse life’s onward march; however, for most of us, the stresses of daily living, of trying to make a living, and of the uncontrollable demands that beset us every day, undermines the advice of the sage: yes, tranquility can reflect a healthy mind and slowing of pace can lead to longevity and stave off mortality’s inevitable decline; but how does one contend with and control modernity’s screaming frenzy?

The appendage to the image of “smelling the roses,” of course, is the admonition to “pause” or “stop and” take the time; but is our loss of olfactory sensitivity a result of our lack of use?  How many of us even notice the scent of a flower, whether when we walk into a room or meander along a country path? Instead, most of us sneeze with irritation, beset with asthmatic symptoms of allergic disdain, and view such niceties as merely one of life’s obstacles to overcome and ignore.

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 job, the concept of pausing and “smelling the roses” is the last thing to consider, and life’s travails will only continue to shout and scream to prevent such a prosaic declaration.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management will not necessarily allow for greater time to smell those roses, but it will allow for more time to attend to one’s own health — and isn’t that the point?

We take for granted our health, but when our health begins to deteriorate, the stresses begin to compound and exponentially aggregate.

Smelling the roses comes only after the priorities of our life have been placed into proper order, and preparing, formulating and filing for Federal Disability Retirement benefits when it becomes necessary is the first step towards reaching for the ultimate paradigm of life’s resistance to the stresses inherent and overwhelming: Health; life; relationships — then, to pause in order to smell the roses.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Coincidences & wrong attributions

Two events occur within a fairly close span of time; we relate them; we attribute one to have caused the other.  Was it mere coincidence, and was the causal attribution wrongly implied?

We learn from a friend that a certain person X visited the house of person Y.  Y was a good friend.  X never liked you.  A week or so later, you bump into Y and you say, “Hi. Haven’t seen you in a while.  How has the family been?”  Y looks at you, turns the other way without responding, and coldly walks away.

You attribute the behavior of Y as being related to the fact that X, who doesn’t like you, had visited Y the week before.  You connect the coincidence of Y’s behavior and the visitation of Y by X, and create a narrative around the encounter: “X must have bad-mouthed me when he went over to Y’s house.  Y must have believed him, and that is why Y is behaving so coldly to me.”  In other words, you attribute Y’s behavior as the effect caused by X’s coincidental meeting with Y the week before.  Are you right in doing so?

Say, sometime later, you learn that it wasn’t X, after all, that had visited Y the week before, but it was T — another good friend of yours.  Further, you learn that Y’s sister had recently passed away, and Y calls you up and apologizes for the past behavior, explaining that Y simply “didn’t want to talk to anyone that day, and had been walking around in a daze of sorrow.”

Coincidences and wrong attributions; we all make them.  We go back and retrace our steps of logical reasoning to try and discover the flaw of our thought-processes.  It happens often.  What is the rule to follow to try and minimize such flawed approaches to logical reasoning?  First, to get the facts.  Next, to wait before coming to conclusions.  Finally, to try and limit one’s creative imagination from bleeding beyond the borders of known facts.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and where 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 first “get the facts” concerning Federal Disability Retirement, and not get mired in the fears of coincidences and make wrong attributions.

It may well be that certain actions initiated by the Agency are not mere coincidences; and it may be true that your “feelings” about the future can be directly attributable to what you have “heard” from others.  But before coming to any conclusions or making any decisions, it is well-advised to consult with an attorney who specializes in Federal Disability Retirement Law, lest those coincidences lead to wrong attributions, resulting in making the wrong moves based upon baseless causal connections.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The tangible

What are the criteria by which one lives?  Is there a singular, dominant principle, as in “A Criterion” or “The Criterion”, or multiple ones; or perhaps an overarching archetype with subsets of mini-components that are all in their aggregate subsumed by a greater Platonic Form, somewhat like “Goodness” that predominates, with subtexts of lesser categories?  Or, do we just blunder through life without them and arbitrarily bump into decisions, pathways that take us hither and yonder, and never quite escape the confusions of our own making?

Some people consider themselves to be “idealistic”, and look always for the good in others; still some, pure cynics such that they suspect the worst in everyone; and most, an admixture of the two extremes in a spectrum of choices.  There are, in philosophy, the “logical positivists” who declare that nothing makes sense unless validity of a statement can be established, and such a criterion normally involves the tangible.  That which we can see, feel, hear or establish by logical methodology comprises the entirety of one’s existential reality, and there is some truth to such an approach.

It is said that in youth, much idealism begins; in middle age, some waning of hope must by necessity be accepted; and by old age, a seeping cynicism inevitably prevails.  The tangible is that which we can embrace, feel, rest our hopes upon; otherwise, the cold icicles of other people’s indifference will ultimately become the obsession of our lives.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition has begun to result in tangible manifestations — i.e., use of LWOP has become noticeably frequent; performance ratings are anticipated to be questionable; supervisors and coworkers have begun asking questions; but most importantly, you yourself have begun to notice a deterioration in your ability and capacity to maintain the level and pace of working at the Agency or Postal facility — the “criterion” to be applied is quite straightforward: Are you still able to perform all of the essential elements of your positional requirements?

If not, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.  The criteria by which we live are often complicated; it is the tangible which brings everything back down to earth from the lofty heights of idealism, youth and folly.

Sincerely,

Robert R. McGill, Esquire

 

Attorney for Federal Disability Retirement claims: The tumultuous years

The tumultuous years are often remembered with a sense of awe, if not with some fondness.  The suffering endured; the turmoil experienced; even the pain sustained and seared into the consciousness of nightmares and scarred memories.  But one often looks back upon those years and reflects: I survived, and though the remembrances are a blur of activities that generously skips over the details of the suffering experienced, it was a time of enormous productivity where things were accomplished in spite of trauma of obstacles placed.

Yet, when the tumultuous years are in the “here and now”, that is not how one describes it.  It is only when it is in the distant past, when it has already been overcome, and when that proverbial “light at the end of the tunnel” has already been reached. When you are still in the thick of it, fondness of memories does not prevail, and the old adage that time heals all pain is yet tested.

For the Federal employee or U.S. Postal worker who suffers 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 may be a necessary next step to prepare, formulate and file an effective 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.

For such a Federal or Postal employee, those “tumultuous years” are still in the here and now, and have not been overcome; and so it is understandable that you cannot yet reflect back with any sense of perspective, awe, or of fondness for those days of turmoil.  Instead, as you are still in the thick of things, the goal is to reach that end of the tunnel where the sunshine still is bright with hope for the future, and then, years later, to look back and remember, and hopefully those memories will be one with an exclamation point of having successfully met the challenge, survived it, and have put it behind you.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Employees: That uncluttered mind

How do we remain so in this world of cacophonous and discordant barrage of sounds, images and the overload of information?  Is it even possible to remain as the quietude of mind within the meditative spirit of a Zen monk reflecting upon the pool of uncertainty yet contemplating the serenity of a mind’s eye?

The cluttering is deafening; and, with it, the anxiety, stresses and paralyzing fears that accompany the world writ so large and looming so fearsome.  The uncluttered mind is the one that, with singular focus, yet accomplishes goals in life, reaches destinations otherwise fraught with obstacles, and continues to grow and progress despite all challenges that impede its way.  Is it still possible to retain an uncluttered mind?  Can there be such a state despite the overburdening of a world obsessed with “connectivity” to one’s technological devices, where the staring into the void of one’s Smartphone, laptop or other such distractions can rarely be avoided?

We tend to think that we are the “exception”, and despite our slavery and slovenly attachment to the technological innovations of modernity, we make excuses and allowances for our own weaknesses – oh, I’m not really into that sort of thing; it’s just a tool that is necessary for a time; Facebook?  Twitter?  Nah, it’s just a hobby.  Yes, before long, we get sucked into the very crevices we once laughed at and scorned.  The uncluttered mind is indeed a rarity, these days.

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 ‘clutter’ becomes exponentially quantified because, not only must one contend with the world of clutter, but the medical condition itself is an additional stress that must be faced.

This is a complex and complicated world, full of challenges and untold stresses.  To be able to maneuver through the bureaucratic maze of a Federal Disability Retirement process is itself a cluttered road of administrative complexities, and when one must contend with the medical condition itself – which is the primary purpose for preparing an effective Federal Disability Retirement application – the clutter of the medical condition itself becomes an obstacle, leaving aside the obfuscation and obstacles that the U.S. Office of Personnel Management puts up in the pathway towards success or failure.

Filing an effective Federal Disability Retirement application through OPM is a step towards reaching the goal of the uncluttered mind – of simplifying priorities so that the primary priority is that which is most important: One’s health.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: ‘Can’ and ‘Have to’

The category of the latter has diminished in recent years, as the general populace has mistakenly misinterpreted the distinctive definitions of liberty and freedom, and reassigned meanings as license and anarchy.  The blank column of the former concept has come to be full, despite the reality of the economic downturn and the shift into a global economy that, we are told, is an inevitable consequence of human progress.

We were taught that the march of progress required the destruction of the American West, where a way of life needed to be trampled upon and destroyed in the name of advancement and civilization; that each step of innovation and progressive paradigms constitute an almost Hegelian fatefulness, and resistance is merely an act of futility within the aggregation of the Leviathan called “Progress”.  The modern parlance consists in the acceptance of every innovation of technology, to the extent that Orwell’s dystopian premonitions have been surpassed by a reality now accepted as mundane and commonplace, and we fail to realize that his magnum opus of a totalitarian future could have been heeded, but now is merely embraced with a yawn and barely a glance backward.

The more that society comes to believe in that which we ‘can’, as opposed to the obligatory mandate of ‘have to’, the less likely is there of a resistance to authority.  And, until the police raid in the middle of the night or the unquestioned stop and search on a highway where others just whiz by without puzzlement or curiosity, is experienced personally by a given individual, the onerous nature of laws passed in the name of safety, security and preventative measures, will be merely a conceptual haze masked by an obscure hypothetical.

Instead, we live day-to-day in the conundrum of being told that we ‘can’ do what we want, desire and fantasize about, and there is little that we ‘have to’ do.  Thus do infidelity and divorces occur; of abandonment of family ties based upon tropes of scintillating sensations; and goals set aside in the namesake of present pleasures.

There is a category of individuals, however, where the luxury of ‘can’ cannot be replaced by mere want of ‘have to’ – a person with a medical condition.  For Federal and 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 ‘can’ once relied upon transforms into an inability.

Once the inability to perform one or more of the essential elements of one’s Federal or Postal position becomes a reality, then the ‘have to’ is finally realized – of preparing, formulating and filing 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.  Do not let the muddle of incessant trope involving ‘can’ become confused with ‘have to’ – for, when one comes to a point of ‘must’, it is time to prepare, formulate and file an effective Federal Employee Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement from Federal Gov. Employment: That sigh of regret

It is released without consciousness of foresight, or random expectation of hope to come.  Often, merely an involuntary deviation from a carefully-guarded appearance, that sigh of regret escapes with a haunting echo of mirthless exhaustion.

Is there a time when past regrets catch up to present dismay, obfuscated by the loss of any future hope to reinvigorate?  What is regret but a deed left undone, a trepidation leading to inaction when flight of carefree abandonment embraced us for a moment, where craziness of freedom from the fetters of caution allowed one to pause and jump without fear of tomorrow?  And the sigh that follows, but a mere refrain denoting the commonality of experiences, withheld, where caution pulled us back because of pragmatic considerations we once beheld to be more important than the liberty of our means.

Rare are those lives whose self-assurance in the meandering days of feckless travels reveals not a morsel of remorse, but a fullness of memories neither unrestored by neglect nor needing any touch-up or photo-shopping imputation.  Some have warranted that to regret is to die a slow death, while others accept it as merely the general populace’s lot in life.

The sigh of regret is emitted during that lapse of unguarded exposure when vulnerability is allowed to reveal, where openness – whether because of insanity, inebriation or a raw moment of “being real” – stands in line behind the impenetrable fortress of layers carefully shielded in order to construct that wall of mystery.  But the other side of regret – like the turn of midnight as the clock strikes its 12th toll – is the knowledge that something else could have been, that better tomorrows might have been, and the “what ifs” of life keep coming back to haunt, each whisper followed by a louder intonation of incessant reminders.

For Federal employees and U.S. Postal workers who having that sensation – of a pause, a consideration or even an inkling – that it is time to begin preparing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, there are “better times” than others where timing in filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management should be weighed and balanced within the greater context of all other considerations.

What one does not want to happen, is to allow for a later event to emit that sigh of regret, which is what so many people, in so many circumstances, end up doing.

Preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee has already let loose a sigh of regret, is the best pathway forward to ensure that – whatever accumulations of life’s regrets one may already hold within the bosom of one’s soul – future actions will fail to predict the sorrowful din of tomorrow’s hope for a better future, where that sigh of regret may be muffled because an act today was taken in light of yesterday’s remorse.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Trading places

Long before the 2008 debacle of economic turmoil; preceding epic movies following, of the lavish ineptitude of miscreants awash in money’s sale of souls in exchange for the temporal pleasures of limitless fantasies; when laughter could be heard yet, because the future still held some hope, there was a movie by the same title.  It was a comedy of innocence – although, the language used may still blush for some, it reveals a period long gone and no longer found in today’s society where revealing all, telling everyone and showing unabashedly have become the normative course of behavior.

Unlike the reality of Wall Street’s mechanism of manipulation, the storyline follows a fairly conventional discourse of moral constancy – of identifiable evil; revenge and retribution for wrongs committed; redemption for those whose failings resulted from unseemly characters.  Contrast that with the fictional depictions of today, some mere several decades hence:  the unjust are left unpunished, or barely so; the miscreants are bailed out from their own folly and greed; and the Mom & Pop store just around the corner is still left wondering why they were never rescued from bankruptcy, when the very ones who created the economic crisis are back at it, again.

The problem with discussing such issues on a macro-scale, of course, is that generalities invite sweeping statements of inane and excusable tendencies, whereas kitchen-table, microcosmic tales of individual narratives leave no room for such averted cover of hidden devices, where rats and other scoundrels may scurry to find convenient places to conceal their shameful misdeeds.

We often wish that we, too, could “trade places”, but only because we fail to listen to the details of troubles faded on lawns across the street where the grass appears greener, but where the internal turmoil of ghosts hidden remain veiled.

Medical conditions have a way of bringing us all back to the basics of living.  For, when one is healthy, all sorts and manner of wishing for fortunes and superficiality of life’s extras are engaged; but when a medical condition hits, all that we desire is for the boredom of good health.  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 the Federal or Postal employee’s position of formal occupation (as reflected on an SF 50 or PS Form 52), understand this concept all too well.

Trading places is all relative, especially when it comes to the basics of human happiness.  For Louis Winthorpe III and Billy Ray Valentine, it happened that fate brought two unlikely characters together to right the wrongs of a macroeconomic system left to manipulative devices on the commodities trading floor; for the Federal and Postal employee who suffers 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 positional duties, the desire to “trade places” is somewhat more basic – of mere good health in order to maintain a constancy of life’s pleasures taken for granted by others.

But, instead, often the best option for trading places is to prepare, formulate and file an effective Federal Disability Retirement application, submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  Sometimes, the trade itself is a compromise on a micro-scale of lesser proportions, and not within the complex world of high finance and commodities exchanges.

Sincerely,

Robert R. McGill, Esquire