Tag Archives: ohio opm disability attorneys lawyers

FERS Disability Retirement from OPM: A Bang or a Whimper

We live in a universe of extremes.  People cannot have “reasonable beliefs” for, you are then deemed lacking, and in such a state, somehow a person without the passionate character who is a “true believer”.

The “middle point” which was espoused by Aristotle and the Stoics — of having the calm demeanor and not reactively excitable; of a reasoned approach to every issue; of maintaining a demeanor of the Zen Monk; this approach is now considered dead and irrelevant.

We must all be extremists.  Whatever cause we take up, whichever banner we decide to flagrantly exhibit (on our cars or with signs and banners ugli-fying our homes and front yards), we must go out with either a bang or a whimper.  If with a whimper, at least we tried.  If with a bang, then we have succeeded.

In modernity, it matters not what the substance of the issue is; only as to whether we are “passionate” in our feelings.  For, after decades of focusing upon the validation of our feelings (as opposed to cultivating the rational faculty of our souls), we have now succeeded in upending the importance of governing the feelings.

Yet, in the field of law, there is still a need for a rational, reasoned approach, and for Federal and Postal employees who suffer from a medical condition, it is necessary to contact a lawyer who approaches the issue of Federal/Postal Disability Retirement as a matter of legal and medical necessity, and one who sees each case as not a matter of a Bang or a Whimper, but as a legal issue which needs to be approached in a calm, stoic matter — in applying “the Law”.

Contact a FERS Disability Attorney who will not engage in the Social Media and modern approach of great fanfare, but instead, relies still on the stodgy old way of doing things — of actually speaking with the client, explaining the process, and doing the work himself.  Neither with a Bang or a Whimper, but with a straightforward approach of applying the damn law.

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 Employees Medical Retirement from the OPM: In a Vacuum

We often try and look at a thing “in a vacuum” — meaning, by viewing it without relation to other things, we believe that we can approach the viewpoint in a more “objective” manner.  But objectivity itself takes on many forms, and often objects, words, concepts, etc., possess their meaning and identity precisely because of the relationships established, and when you strip away the nexus between A and B, the loss of meaningfulness is profound.

Such is the case with Federal Disability Retirement Law.  While Social Security requires a higher standard of “total disability”, and thus will view a medical condition within categories of differentiated severities, a medical condition in a Federal Disability Retirement case cannot be viewed in a vacuum but, rather, in relationship with the type of duties the Federal or Postal worker must perform.

When a Federal Disability Retirement application is being reviewed by the U.S. Office of Personnel Management, they will often try and argue the case in a vacuum — for, that is to their advantage, in order to deny a claim.  But it is the job of the attorney representing a Federal or Postal worker to point out the statutes and case-law, and to always bring OPM back to the reality of their legal obligations — that a medical condition can never be viewed in a vacuum, but only in its relationship to the positional requirements of the job.

Contact an OPM Attorney who specializes in Federal Disability Retirement Law, and don’t look at your situation in a vacuum — but always in relationship to the laws which protect you.

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 from the OPM: And then, One Day…

And then, one day, you couldn’t do it anymore.  And then, one day, you were on your own and became an adult.  And then, one day, you no longer had a job.  And then, one day….

We tend to think in terms of today, with remembrances of a past yesterday, never thinking that tomorrow and the “one day” will ever be upon us.  That is why most of the U.S. population is unprepared for an emergency, for retirement, for tomorrow — for the future.  But the future is always upon us, and it can be as soon as tomorrow.

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 position, filing a Federal Disability Retirement application under FERS is precisely that “one day” — although, in reality, it may take a few months to get an approval from OPM.

And then, one day, he was medically retired and had his entire future before him….

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law and begin the process of controlling that “one day” which is already upon you.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from OPM: Those Glazed Eyes

We all engage in the act; of sitting or standing but not seeing beyond the bridge of our nose; of being lost in thought, perhaps in a daydream, or for a particularly difficult project that one is focused upon.  We even do it while driving, and when we arrive at our destination, we suddenly awaken and reflect: “Gee, how did I ever get here?  I don’t even remember stopping at any red lights or at any stop signs.”

The capacity for insularity within a private world is a condition of human existence that is particularly unique to the species, and likely within the species.  Is it of evolutionary advantage to “become lost in thought”, or is it a danger — an anomaly — counterproductive to our survival instincts?

If a vulnerable animal out in “the wilds” were to stand at a watering hole and — instead of being fully alert and aware of its surroundings, acutely sensitive to every movement of potential dangers lurking about — becomes lost in its “thoughts” (whatever form that would take — with or without language), would such a species last for long?

Did language, coupled with the skill of reading, writing and performing intellectual exercises, contribute to our capacity for thought, thoughtfulness and insularity of cognitive processes?  What makes us seek the refuge of our hidden soliloquies?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, it may be time to consider filing for Federal Disability Retirement benefits.

If those “glazed eyes” are becoming more frequent because the world of insularity has become preferable to the world about because of the constant and persistent harassment imposed by the Agency or the Postal Service, it is well past time to consult with an attorney who specializes in FERS Disability Retirement Law.

There are times to “think” and times to “act”, and for the Federal or Postal employee whose medical conditions have now impacted one’s career, it is that time now — to act, by consulting with an experienced lawyer who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The Bridge to Nowhere

It is a metaphor which evokes images of hopelessness and futility, if such images can indeed be captured at all.  Whether of an attitude, a perspective or the existential reality of one’s personal circumstances, the question is, Why was the bridge to nowhere built to begin with?  There it stands, in mid-construction, suspended but unfinished, not leading to anywhere, not going in any particular direction, not coming from any place known.

It is often how we feel in the middle of our lives.  One has only to sit in a cafe, by a window, and watch the midday rush of people coming and going, seemingly with purpose, appearing with decisiveness, until you catch the gaze of someone passing — a knowing look, a pause, a hesitation; and at that moment of illumination, the stranger and you both know that the constant, ant-like activity is merely a whirl of coming and going upon a bridge to nowhere.

The furious pace of life; of rushing to get to work, working, then rushing to get home within a factory of people uncaring and unaware.  Then, when calamity hits — a medical condition that interrupts, intercedes and imposes its existence upon you — suddenly the routine of ferocious activity finds meaning in the very meaninglessness felt the moment before.

For Federal employees and U.S. Postal workers who can no longer perform one or more of the essential elements of one’s Federal job because of a medical condition, the sense that one is driving upon a bridge to nowhere is common and troubling.  Of course one’s health should be a priority; and of course work, the “mission” of the Federal agency and the harassment that is initiated without empathy or understanding — all of that stuff should be secondary and subordinated to taking care of one’s health.

Filing for FERS Disability Retirement benefits is the recognition that the bridge to nowhere will not take you anywhere, and it is in order to regain that insight of meaningfulness that it is important to prepare, formulate and file an effective Federal Disability Retirement application in order to focus upon the importance of priorities shoved aside — like one’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Except, in real life…

Isn’t that the refrain that dampens?  Whether for a child or a young adult who still possesses and retains the enthusiasm of the possible, we pour cold water upon such unfettered energy for the future yet undeclared by saying, “Except, in real life…”.  Of course, what is inserted to replace the ellipses is the clincher that determines the mood of the response.  Is it: “Except, in real life, that never happens.” Or — “Except, in real life, you’ll be broke and devastated.”

Why is it that the unspoken elongation implied by the ellipses must by necessity include a negative ending?  When have you ever heard, instead: “Except, in real life, it’s all the better!”  Is it because our creative imagination reaches far beyond what is possible in the stark reality of “real life”?

Is the universe imagined of greater potentiality than the reality of daily existence, and is that why the virtual reality of Social Media, “the Web”, interactive video games and the like are so sultry in their seductive pose — because they invite you into a world which promises greater positives than the discouraging reality of our existence in “real” time?  Is that what is the ultimate dystopian promise — a caustic alternative to Marx’s opium for the masses: not of religion, but of an alternative good that has been set up that not only promises good beyond the real good, but provides for good without consequences?

The problem is that, whatever alternative good or virtual reality that is purportedly set up to counter the reality of real time, is itself nothing more than “real life”.  It is just in our imagination that it exists as an alternative universe.  This brings up the issue of language games as espoused by Wittgenstein, as to the “reality” of an “objective world” as opposed to the one expounded by linguistic conveyances: Take the example of the blind man who has never flown a plane.  He (or she) can answer every aeronautical questions with as much technical accuracy as an experienced pilot. Query: Between the 2, is there a difference of experiencing “reality”?

For Wittgenstein, the answer is no.  Yet, the laughing cynic will ask the ultimate question: Who would you rather have as your pilot for the next flight — the blind man who has never “really flown” a plane, or the experienced pilot?

That becomes the clincher: “Except in real life…”.

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, the tendency and proclivity towards taking a dim perspective of life can be overwhelming, especially when one is dealing with the debilitating consequences of a medical condition.

Yet, it is important to maintain a balance between the cynic’s world view (that the cup is always half empty) and the eternal optimist’s myopic standard that the glass is always half full.  “Except in real life,” doesn’t always favor the former; for the Federal employee who must go up against the behemoth of OPM in filing a Federal Disability Retirement application, “real life” is not necessarily the exception, but can be the rule of a successful outcome if you are guided by an experienced attorney.

Sincerely,

Robert R.McGill, Esquire

 

Federal Employee Disability Information: The shaken confidence

Tree limbs can be shaken; hands can shake, evidencing some agreement or initial salutation of a wordless sort, or even accompanied by some utterances; and the earth can shake as the subterranean tectonic shifts invisible and otherwise unnoticed, which then can result in tsunamis and other natural disasters.

The shaken confidence can take many forms; and the forms themselves cannot so easily be identified.  It presumes, first of all, that there was “confidence” to begin with, lest that which is shaken could not possibly have occurred unless it preexisted the loss of it.  Yet, too often, the evidence of its very existence is merely the lack of any contrary characteristic — i.e., a negation that fails to manifest existence and thus cannot actually be proven.  Of a person who walks about without any noticeable trace of lack — do we say of him or her, “He has confidence’?  Or is it just the one who has an overabundance of it, who struts around like a proud peacock or a rooster who takes no guff of whom we attribute “overconfidence’?

In normal discourse we just assume that, unless there are indications to the contrary, everyone who stands and walks amidst and among us possess some level of “confidence” or, in more particularized form, of “self-confidence”.  What are the events or issues that “shake” it, and what can an attribution of such an event mean?  Perhaps it is triggered by some tragic source — a trauma of a very personal nature, of death or an accident, perhaps; or can it be by mere utterance of words, of a berating boss or an insensitive spouse?  Or, how about a realization that one’s presumed immortality is simply not so?

None of us believe in immortality — at least, not in the sense that we will live forever walking about this earth.  Yet, until an event “reminds” us of our mortality, we take it for granted that life goes on as the day before, and the day before that; and so the concept of immortality resides by avoidance or ignorance, until something “reminds” us that, indeed, mortality is the nature of life, and flesh is by each instance and in incremental subtlety progressively deteriorating within the microscopic cells of slow degeneration.  And of a medical condition — can it be the source of the shaken confidence?

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 shaken confidence resulting from the progressively deteriorating medical condition is just as real as the earth that trembles and groans from tectonic shifts that moves and crumbles the structural integrity of high engineering feats.

Federal Disability Retirement is often not a choice made in confidence, but from a lack thereof; for, a medical condition cannot be viewed within a vacuum of a mere diagnosis that can be surgically extracted; rather, a medical condition is a sequence of aggregated tragedies — of the medical condition itself; the symptoms which result; the impact upon one’s personal and professional life; of the effect upon family and friends; of the triggers upon one’s psyche as well as the physical pain and mental anguish experienced.

In short, the shaken confidence of the one who used to walk about the earth as if you owned it, and preparing, formulating and filing an effective 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, is simply the first step in regaining that “shaken confidence” that was once a day before in a time now long forgotten presumed to have always been there.

Sincerely,

Robert R. McGill, Esquire