Tag Archives: opm disability 80%

OPM Disability Retirement under FERS: Shame

Shame was once thought to be a valuable societal tool.  While not replacing laws, it often preempted the need for legislative enactments passed to curtail certain unwanted behaviors.  A society without shame is one which prompts and necessitates a state of unlimited laws attempting to regulate the population.

For, a society with traditions, including a general consensus regarding long-standing and known actions which have been deemed “shameful”, requires fewer laws, because self-regulation is performed through a community of unspoken and subtle repressions by mere looks, grimaces, and wordless expressions of contempt and condemnation.

Here in America, sometime in the late Sixties and throughout the Seventies, a quiet movement developed, which was anathema to shame.  We decided that the primary goal in raising children was to make sure that each child developed something obscurely indefinable and named it, “Self-Esteem”.  Shame, of course, was considered an emotion which did not help to indoctrinate or inculcate this thing called “self-esteem”, and so a concurrent movement developed: The campaign to stamp out anything and everything which might trigger a child’s having a sense of shame.

As a result, here we are today — everyone is a winner; nobody has more talent than anyone else; we are all the best that we can be; and whether you stink at something, you should still receive some sort of an award.

Yet, despite all of the educational nonsense and malpractice (Note: during the same period, some Harvard educators decided that learning to read by phonetics needed to be replaced by something called a “whole word” approach, until it became apparent that illiteracy became rampant and reading comprehension turned into a joke; but the trend is now being reversed and “phonetics” — a learning approach which worked for hundreds of years — has finally come back!  Another disastrous trend initiated in the Sixties and Seventies) perpetrated upon our kids, somehow, shame still continues to rear its ugly head in various sectors of our society.

At least, that is true of the “older” generation — like Federal and Postal employees under FERS, who try and hide their medical conditions because they feel a sense of shame that they cannot perform at the same level they are used to.

No need to feel such shame.  Go with the flow of the Sixties and Seventies, and contact a FERS Retirement Attorney who specializes in Federal Disability Retirement Law, and quit being silly — shame is something of the past, never to rear its ugly head, except maybe in unenlightened countries like Japan — a country where accomplishment is still recognized, and no, not everyone gets a prize just for showing up.

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.

 

OPM Disability Retirement under FERS: Before Smartphones

What did we do?  Today, it is as if the obsessive is inescapable; but yes, there actually was a time before Smartphones; we merely are unable to remember, or refuse to recall, those days “before”.

We have all become obsessive.  We have to check to see if an email has come in; we eat at the table with it right next to the plate; it accompanies us in the car; at night, if we do not turn the volume down, it haunts and reminds us; the wiring in our brains has literally gone haywire.

“Grandpa, what was life like before Smartphones?”  Well — books read; a quiet evening before the crackling fire; time for conversations to develop; of recollections and reminiscences — and of memories confronted and challenged without someone taking out that Smartphone, googling the question and ruining the fun of simply trying to remember the name of an actor, the title of a book or the precise date of a historical event.

Before Smartphones, there was a life to be lived, a reality without surrealism, and a sense of belonging in a community where no one had his or her head bent down to be sucked into a device which no one asked for, and no one ever stopped to ask:  Do we really want to live this way?

For Federal Government employees and U.S. Postal Service workers who suffer from a medical condition, consider this:  The Smartphone which controls your life can never replace the need to prioritize that which is foundational and most significant — of your health.  Consider filing for FERS Disability Retirement benefits; for, even before Smartphones, there was life, health and the precious time spent before the debilitating medical conditions began to dominate.

Contact a FERS Retirement Attorney who specializes in Federal Disability Retirement Law, and take the time to consider that there was actually a life before Smartphones, as there can still be a life beyond the Federal Government job you occupy.

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 Disability Retirement Law: The Comparative Perspective

It is a game which is played throughout history — of comparing one’s own situation to a projected, often inaccurate portrayal of “the other”, whether that other is the neighbor across the street, the stranger whom you see sitting in a cafe drinking coffee, or some celebrity who is obsessively followed for their seemingly outrageous lifestyle and unpredictable tantrums of demands and pubic displays of extravagance.

There are the traditional responses, of course, of: “The grass always appears greener on the other side of your fence”, or that you can never know of another’s life unless you walk in his/her shoes, etc.  But such pablum responses never stop the game that is played — of providing a comparative perspective by judging, on a superficial level, the more appealing life of someone else.

But what if that “someone else” was comparing his or her life to yours?  What is it that they would “not know” but would make a great difference “if only they knew”?  How about a medical condition which you have been masking for many years, which has taken a tremendous toll upon your life?

Indeed, that is often how Federal and Postal workers continue to work despite a medical condition slowly and incrementally destroying the health and well-being of a Federal or Postal worker’s life.  The comparative perspective is often the wrong one, precisely because the comparison itself is made on the most superficial of levels.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement if your health has deteriorated to such an extent that any comparative perspective would open up the eyes of the person making that comparison — with the realization that it is time to prepare, formulate and file an effective 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.

 

OPM Disability Retirement Benefits: The Trick Question

There are many.  In the media, it is often described as the “Gotcha” question — where the reporter springs upon the unwary target a query which cannot be answered without placing one in a negative light.

Or the lawyer’s cross-examination barrage beginning with, “So, Mr. so-and-so, Yes or No — did you ever stop beating your wife?” (Such a question, of course, is rather laughable and should be immediately objected to; but the “fun” of the question is that the answer becomes a quandary: If you answer, “Yes”, it means that you are admitting to beating your wife but that you merely stopped at some point; if you answer, “No”, it means that you continue to beat your wife.  Either way, you have shot yourself in the proverbial foot).  And there are many others — of “trick” questions to get you into the proverbial hot water.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents you from performing one or more of the essential elements of your Federal or Postal job, the Standard Forms contain many and multiple trick questions.  They may not be intended to actually trick you, but the manner, form and content of your answer may become problematic in the way in which they are answered.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law and make sure that the “trick” question doesn’t do what it is meant to do: To trick you into answering it in a way which you don’t intend to, or otherwise shouldn’t need to.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement Law: The Door Ajar

It might be the security entrance to an apartment complex, but for some reason the door had failed to swing back completely, leaving it slightly ajar; or you pass by a door where voices are heard, of warm music soothing to the soul, perhaps some distant laughter, and you look upon the door ajar and pause, thinking, “In life, how often do you hear such pleasantries; should I just open the door and look inside to see from whence the happiness emanates?”

Or the teenage child’s bedroom door left ajar — it is at a critical point in the growth of a person; does the door left ajar indicate an invitation for the parent to come in and say hello, or is it mostly closed in order to deny entrance, exhibiting the rebelliousness and defiant independence of the age of such youth — or, perhaps a little of both?

The door ajar is the anomaly of life — of half closed and half opened; of an invitation or a denial of entrance; of a midway point indicating contradictory messages.

For the Federal employee and U.S. Postal Worker who suffers 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 career one has chosen is akin to a door left ajar — you are caught in between and left standing, isolated and unable to determine what to do next.

You can’t do your job but your agency or the Postal Service is just keeping you in limbo.

Open that door ajar wide, and contact an OPM Disability Retirement Attorney who specializes in obtaining from the U.S. Office of Personnel Management (OPM) this work benefit called “Federal Disability Retirement”, that is, allow the lawyer who specializes in that area of law to guide you through the morass of a complex bureaucratic process where the door is never left ajar, but opened with greater information.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement: Square peg in a round hole

You know the old adage; it is when a person is trying to do something that is frustratingly obvious that it cannot be done, yet persists in it despite the reality of resistance.  The truism itself by necessity requires one of three courses of action: You either cut off the edges of the square peg in order to shape it into a form where it can fit into the hole, or you smooth the edges of the circular hole and widen it such that the square peg can fit into it.  The third option is: You continue to try and force the issue.  And the fourth way is: You give up and walk away with obvious discontentment and frustration.

You want to remain friends with X, but X is a cad and no matter how much you try to change X, X will not change; and so you try and ignore X’s idiosyncrasies in an effort to extend the friendship, and remain frustrated at your attempts to change reality.  Or, you try and please everyone but end up angering all — you cannot shape the square peg or widen the hole, because there is simply too much resistance from both to alter its shape, size or essence of being.

Reality has its limits; that’s the beauty of the life we lead: virtual reality can be altered with a click of the button, but the reality of the real is that the quirkiness of life defies fullness of understanding, and the mystery of each individual denies total control.

For Federal employees and U.S. Postal workers who continue to struggle with a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal job, the choices are clear: Stay and suffer; walk away and lose everything; or file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management. In such a case, this third option is tantamount to shaving the edges of the square peg in order to fit into the hole, as opposed to trying to stay when it is no longer medically advisable, or to walk away and abandon everything in frustration.

Old adages remain relevant for a reason; the truth behind the words is retained and, indeed, there is still a recognition that truth prevails.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The prosaic life

That is the lot of most of us; yet, the contrast seen in the “entertainment” world is its very opposite.  Does it breed discontent (or malcontent)?  Does the “make-believe” universe that we surround ourselves with actually enhance one’s quality of life?

We not only welcome it; we pay for it, and gladly, so.  What does the contrast do to one’s soul — of watching movies involving fearsome technologies that destroy; of bank robbers, murderers, high-stake gamblers and every character imaginable; of dangers that never result in injury or capture; of adventures beyond one’s wildest imagination — and then, there is the actual life that one lives: Of a prosaic life that is often humdrum, unimaginative, mundane, pedestrian and…boring.

Is it “prosaic” to simply go from high school to college, then to a career, a family, old age and death?  Do we regret the repetition of our daily lives, so unbearably “normal”, such that we embrace this spectator-sport of adulation for the wealthy, over exuberant prostration in paying homage to sports heroes, and the unfettered interest shown towards everything and anything “glamorous”?

Until, of course, our health begins to deteriorate.  Then, suddenly, we wish for the “boring” life of normalcy; of the mundane when we took for granted the things we used to do; for the prosaic life that we once had.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to do that which was once taken for granted — being able to go to work consistently; performing all of the essential elements of one’s job, etc. — filing for Federal Disability Retirement benefits under FERS may yet return you to the prosaic life that you now yearn for.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal & Postal Disability Retirement from OPM: The parade that fades

Parades are often forlorn events.  The pomp and circumstance that brings forth the loud serenade of trumpets, drums and cadence of disparate groups; the sequence of human colonnades marching to the beat of rhythmic blares where medals gleam in the glint of sunlight’s twilight; and when the speeches end and the parade that fades leaves but for the leaflets that once announced of its impending arrival, the hearts that once fluttered in anticipation of the marching band that lost its footing may but be a glimmer of tomorrow’s hope.

Parades celebrate, and the participants engage the public eye to put on a show of appreciation, but do they voluntarily come together, or are they merely compensated workers ordered to appear?  And when once the parade fades, what happens to those left behind, of the grieving widows and children left orphaned, and the pinning of medals that sang the mournful hollow of a priceless life?

Other lives march on; it is the forgotten ones that inhabit an earth that continues on in haunting groups of voiceless sorrow, for years on end without the recognition noted but for that singular day on the parade grounds, where glory once revived and then soon forgotten.  Much of life is like that, isn’t it?

Like a parade that is put on, lasts for a day, or perhaps merely a part thereof, and then soon to be forgotten except for memories that are seared with a grimace and graceless utterances of voices once remembered and now merely a fading vestige, if that.  What was the fanfare for?  Do we even remember? What was said in the speech now faded but for glory’s once grand applause?  Do we even care?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker’s attempt to continue his or her career because the progressively worsening medical condition itself is preventing one from performing one or more of the essential elements of one’s job — the end of one’s career may be likened to the parade that fades.

That sense of belonging; that feeling that life’s cadence included you in the marching band of the colorful parade; of being part of a team, with a sense of coherence and purpose; but like all parades, the day’s end ultimately comes.  Whether you are under FERS, CSRS or CSRS Offset, the sinking feeling that the parade that fades may mean that there is no longer the trumpet’s blare or the drumbeat of life’s cadence is simply a fear within that does not reflect reality.

Tomorrow, the sun will still shine and the birds will yet sing; the grounds will still be there, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management is merely changing the venue of where the next parade will be held, thus replacing the parade that fades at the end of this day alone.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The story

Everyone has one; some, more interesting than others; others, less interesting than most; most, told in disjointed streams of subconscious dilemmas often coopted by deceitful tellings that leave amiss the juicier elements that would otherwise offend.

Is there “the” story, or just many little details comprised of “a” story here, a story there, and in the aggregate, it makes up the total picture of a person?  Can one ever know a person in his or her fullness, or must there always be left out an element of surprise, mystery and a deficiency otherwise not noted?  Can people be married for 50 years and still be surprised by something in the other spouse’s past?

How are memories triggered to begin with — say, for example, a couple has been married for half a century or more, and one night they get a carry-out from a newly-opened restaurant in their neighborhood that serves a special Moroccan dish from the menu, because the restaurant owner’s wife’s late husband’s third cousin twice removed recently visited the country and brought over a recipe that could not be resisted.

The two older couple (yes, you may infer from the fact that they have been married for over a half-century to connote that the couple are rather elderly) sit down for this delectable dish, and as they begin serving the various food items and transferring them from the paper boxes onto dinner plates, the wife takes in the aroma of the vegetables, cooked in a certain sauce, and declares to her husband, “Oh, this reminds me, I was in Morocco when I was younger.”

Now — for fifty some odd years, this couple has been married; they have had children; they have shared the many stories to tell, both included and some where each experienced a slice of life separately; and one would think that such a detail as having been to a foreign country which not many Americans visit in the first place, would be something that was told during the course of their long and lasting relationship.

What would be the explanation for not having told?  How about: “Yes, I was kidnapped and held for ransom for months, and I repressed the memories these many years”; or, “Oh, I was just 2 or 3 and don’t really remember much about it, other than my parents dragging me to Morocco just to get away”.

Such explanations might be understandable; but how about the following: “Yes, I was there for 5 years, from about the age of 10 – 15, and it was the most impactful experience of my life.”  Now, this last explanation — one would wonder, of course, what kind of a marriage this elderly couple could have had if the spouse had never related the most “impactful” period of her life, would one not?

“The Story” of one’s life will always contain some omissions (that is a conundrum and an oxymoron, is it not — to “contain” and “omit” at the same time?) about various experiences encountered, but that is a natural course in the very “telling” of one’s narrative.  Most narratives have a beginning and an end; some are interesting, others not; but in the telling, the narrative itself must be coherent and comprehensible, as well as containing relevance and significance within the meat of the narrative itself.

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 ones’ Federal or Postal job, it may become necessary to prepare, formulate and file 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.

During such an administrative process, it is necessary to “tell one’s story” by completing SF 3112A, Applicant’s Statement of Disability.  It is a “slice of life” story, and should be as compelling as the aroma that triggered the admission of one’s Moroccan past — for, every story is a unique one; it is in the telling that brings out the mystery of a person’s singular tale of painful experiences, and this is one more slice that needs a coherence within a narrative required in order to obtain a Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire