Tag Archives: opm disability can take 6 to 8 months if approved in first shot but it can take years if you have to appeal and thus it’s better to have a good preparation to increase chances of initial approval

FERS Medical Retirement: The World of Yesterday

Yesterday was the day before the medical condition made its introduction; the day prior to having to acknowledge its existence, its impacts or its chronic appearance; the day just when complaining about life’s missteps and unfairness seems now so trivial and far off the mark of justified sequences; and it is the day now in the near past, yet so distant in significance or of memories retained of better times when laughter would echo with sincere, heartfelt exuberance until today came along with the baggage of the world of yesterday.

Yesterday is the time we romanticized, of better times, more upstanding people seemed to populate the earth, and though there were still crimes committed, hearts broken and promises left unkept, nevertheless we insist that the world of yesterday was better than today, and tomorrow, bleaker yet except in small puddles of hopeful naïveté left abandoned in the palms of begging children outstretched to ask for alms of forgiveness never to be recognized except in shuttered side streets where mud, recklessness and poverty-stricken families with eyes staring vacantly from gaunt looks remain in silent alcoves of painful remorses.

The World of Yesterday is what we remember, that which we long for, and to which we direct our conversations, thus averting our eyes away from the reality of today, the ugliness of tomorrow and the hopelessness of the day after.  It is what makes us pause, justifies our procrastination and makes pudding out of venerated food items that are left on the shelves to rot and decay.

For Federal Gov. employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition now prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the World of Yesterday was when the chronic medical condition could be tolerated, hidden, ignored or “dealt with” — but we must always live in the world of today in order to prepare for the world of many tomorrows, and to do so, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management (OPM), whether the Federal employee or Postal Service worker is under FERS, CSRS or CSRS Offset, becomes a necessity, lest the World of Yesterday consumes the World of Today and subverts the many worlds of all the tomorrows which are yet to come.

Sincerely,

Robert R. McGill, Esquire
Attorney exclusively representing Federal and Postal employees to secure their FERS Medical Retirement benefits from the U.S. Office of Personnel Management.

 

Federal Disability Retirement: From Words to Actions

It is the step which faces the chasm; the human will is a peculiar and mysterious entity; from thought comes actions, but it is that step which is the deep mystery that often cannot be overcome.

We all know “talkers” — those who, though mired in the plenitude of words spoken, never get beyond that.  Are they sincere?  Perhaps.  Some people do speak with the good intentions of following through with actions, but after a repetition of patterns shown where no follow-through is established, people tend to treat such people with dismissive irrelevance or, worse, with open scorn.

Words are meant to lead to actions; when they fail to, we tend to ascribe underlying motives which can never to fully established: “He lied”; “He just didn’t have the time”; “She meant to, but just forgot”; “Oh, you know how she is”, etc.  How actions follow through; what the thought processes are; how the inner sanctum of fear and loathing come into play; these are all the wheels of mystery that turn upon the human mind.

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 words, “I have a medical condition”, may then necessitate the actions of, “I must file for Federal Disability Retirement benefits”.

The words are always there; the actions that next need to follow should likely involve picking up the telephone and consulting with an attorney who specializes in FERS Disability Retirement Law.  Then, let the attorney take the next steps; for, upon such a consultation with a legal expert, the words will then flow from “mere words” to actions that actually accomplish the deed.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Time to Enjoy, or Recover?

Time is of such great consequence, these days.  Each morning, there is a list of innumerable things “to do”, should be done, can and need to be done, and yet the multiple factors which impede accomplishment and full satisfaction are always there: Time; energy; stamina; the need for sleep; the next day.  Perfectionists have it the worst; the carefree person, the easiest; the uncaring, even better; and most of us remain stuck, somewhere in the middle.

For a true perfectionist, the exhausting effort to accomplish every and all things results in an unending effort to please everyone and to often get nowhere; for the uncaring or the carefree person, life is a series of hits and misses, of focusing upon self-satisfying endeavors; and for the rest of us, a balance between enjoyment, guilt, and the need to recover.  Weekends often become mere delays for the inevitable; a respite, a pause, a break to try and catch up on sleep, rest — recovery.  Enjoyment is a relative term.

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 essential question is: Is life a time to enjoy, or to recover?

If of the latter, it might be time to consider filing for Federal Disability Retirement benefits.  Can it ever be for the former, exclusively?  No, because life is too busy and one’s “to-do list” is always an endless one.  But when recovery becomes the mainstay of one’s life, you need to consult with a FERS Disability Attorney who specializes in Federal Disability retirement law.

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

 

Lawyer Representation OPM Disability Retirement: House versus home

What is it about terms that possess those subtle distinctions that evoke emotions that can be differentiated between “objective” and “subjective”, or distant versus close, impersonal as opposed to affectionate?  Advertisers, of course, play upon such words, and pollsters apply research results as to the emotional input received by throwing in certain words, terms, concepts and voice inflections as opposed to others.

Thus, a “house” is some impersonal structure that may or may not be occupied; whereas, a “home” is where one’s memory resides, of warmth and gaiety, cookies fresh out of the oven and a swift kiss on the forehead when a boo-boo occurred that brought tears to the little child’s rosy cheeks.

“Friends” are reserved for the special smile that knows the secret; an “acquaintance” is still the arms-length feeling of perhaps, but not just yet and maybe; and the tear that is shed in the quietude of a theater’s relative darkness is the one that is let loose when amongst those who are close and secure; but the house that sits beyond can never be the home that warms one’s memories unless the childhood memory runs through the kitchen where aromas of love and cookies can embrace the hurts that were left behind long ago.

What words we use; the emotions which accompany the choice of our language games; and the vehicles of communication that leave hollow the empty vessels within out hearts; these are the breadcrumbs that fall to the wayside and leave us empty within the souls of our being.

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 positional duties, the feeling that one’s Agency or the Postal facility one works at has suddenly become a “house” versus a “home” is a natural one.

No longer are you the valued employee, but just “that one” who takes too much sick leave or LWOP; you are not the golden boy or girl who did a great job last year, but the one who is placing a burden on other workers because you have been absent; and while your performance reviews remain as they were, it is only because apathy continues to prevail, not because anyone has actually noticed how you are struggling despite your medical conditions.

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, may be the only option left, in order to return to one’s home, as opposed to the house that is visited and has become empty of any feelings or fond memories of childhood dances through the empty halls of a soul that is left hollow by the cruelty of those about and around.

Sincerely,

Robert R. McGill, Esquire 
OPM Medical Disability Retirement Attorney

   

OPM Retirement for Mental or Physical Incapacity: Maintaining a schedule

We all abide by them, strive to meet them and toil to achieve them.  We claim that we control “it”, but in fact, it often becomes the monster which completely constrains and restrains, overpowers and undermines.

Maintaining a schedule in life is important.  Some, because of unknown past issues or current difficulties, cannot stand by and allow for a violation of it; others, with more daring personalities and flighty egos, defy it deliberately and result in floundering about without a purposive intent or constructive content.  Maintaining a schedule is often essential to the daily lives of all; for those who have certain learning disabilities, it allows for a structuring of a universe which would otherwise appear chaotic and undisciplined; for others, the very structure imposed restricts the inner creativity of brilliance, and we are left with the genius who follows no man’s path.

Babies and children do well with it; the creative genius who is always distracted by the brilliance within his or her own subjective world, often cannot abide by it; but the rest of us follow a fairly monotonous routine and stick close to it, if only by excuses given of being “five minutes late” or the sorry excuse that the bedside alarm clock failed to rouse us.

Then, there are companies and agencies that seem to fall apart at the seams, where overwork, underpaid staffers and unreliable workers seem to disrupt that most important of schedules – meeting deadlines.  Then, there is the incongruence between one’s personal schedule and the schedule of another entity, and when the two fail to agree or work in consonance, then frustration begins to develop.  The tumult of frustration is often based upon the chasm that occurs between what one expects and the reality which unfolds.  Closing that “gap” is the solution to one’s growing frustration in this world.

For Federal employees and U.S. Postal workers who need to, are about to, or have already filed a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to containing one’s frustration over the time-period that the U.S. Office of Personnel Management is taking, extending, violating and ignoring in performing their duties in approving or denying a Federal Disability Retirement application, is to recognize that their “schedule” is one of complete and utter power, and that the Federal or Postal Disability Retirement applicant is in a position of complete powerlessness; and, on top of that, to maintain a schedule apart from what OPM does, while one waits for an outcome that is hoped to be favorable.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The collision of grammar and life

The cynic will scour each entry for just such an error of punctuation or misspelling, and declare that, indeed, the author’s own actions confirm such an event; the greater question, of course, is not that it occurred, but of what import or consequence.

There was a time, of just a few generations ago, where the number of noted authors, commentators and social giants measured by pen and ink, were counted by the hands of a single individual; now, with the diffuse pervasiveness which includes paper editions exponentially quantified by electronic media, as well as the vast array of blogs, comments and Internet “conversations” on Facebook, Twitter (who ever imaged that such a limited conceptual construct would be considered seriously in a political campaign; yet, on the other hand, the limitation of the numerical volume of words likely is proportional to the intellectual capacity of the user, as confirmed by current events), Instagram, etc.

From H.L. Mencken to Hemingway; of the age of Buckley and Vidal; the heyday of the wordsmith, replacing the blacksmith who had to work in the forge where life, the torturous heat of hell, and the reality of contending with trying to mold the harshness of nature’s metals, brought to the forefront the daunting task of trying to earn a day’s wages. But as the general rule is that quantity diminishes quality, and wider dissemination fails not to embody pervasive ignorance, so the collision of grammar and life occurs less with the advancement of technology and informational overload.

For Federal employees and U.S. Postal workers who must consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, the primary focus in preparing, formulating and filing for Federal Disability Retirement benefits is in that “write-up” of one’s Statement of Disability as required by SF 3112A.  That is, indeed, where grammar meets up with life, and the manner of prose, the punctuation advanced, and the words chosen, will all coagulate to present the force and ferocity of one’s evidentiary impact.  If represented, the lawyer will likely include a “legal memorandum” arguing your case, as well, through legal citations and references to the statutory and case-law basis upon which the Federal Disability Retirement application should be approved.

In the end, life is rarely lived in a vacuum, and hermitages of yore when medieval fiefdoms were aplenty, no longer abound with plenitude of choices; and for the Federal or Postal employee who must contend with the bureaucratic morass of the U.S. Office of Personnel Management, the preparation of one’s Federal Disability Retirement application is indeed a time when the collision of grammar and life may well occur.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Pause

It is an act which involves non-action, and results from the character trait of caution.  As an identified activity of inert behavior, it is telling that the concept is recognized as a contrast to its linguistic cousin, like the coupling of “being and nothingness”, or of “love and hate”, as if the mercurial combination is a natural outflowing of innate necessity.  Not quite the punctuation of finality in a period, nor the elongated independence of a semicolon; yet, the pause is marked by a comma, that grammatical eavesdropping left like a careless crumb on the way to a destination not quite directed, yet motivated by hesitant steps of trepidation.

It tells much of the person who utilizes a comma — that pause which breaks up the unfettered line between the starting point and the destination; and like bird droppings on an empty sidewalk where fashion and cleanliness are about to bustle with fervor, the avoidance like a recognized plague or viral epidemic makes everyone take a wide turn as a detour from the straight line of confidence and brash repose.  It is why the warrior places a unique marking just where the eye of the enemy may become distracted, to give that moment of hesitation before the sword switches directions in a clash of metal upon metal; for, it takes but a pause to give an advantage between two samurai from the same school of meditative assassins. For the animal in search of its carnivorous appetite, the momentary hesitation before the scent of man allows for evolutionary guidance in the face of danger.

For Federal employees and U.S. Postal workers who must consider ending his or her Federal or Postal career because of a medical condition, reflection which precedes and follows is often a positive aspect of that natural extension of movement forward; so long, however, as it is recognized that the non-activity will not accomplish or produce anything, in the end.

Preparing, formulating and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may in the end be an inevitability where the declarative punctuation of an exclamation point will be needed; but in the meantime, one may want to wait while the apostrophe which makes for the possessive nature of one’s job and career may ultimately float down as a comma on the sidewalk of life, thereby creating in the pause a reality where sidestepping an unavoidable outcome will no longer do any good.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Loss of that subtle distinction — fun versus training

Reading older works of literature is a lesson in historical perspective; times were different, and not just slightly, but by leaps and bounds.  The linear nature of lives results in the incremental adaptation by evolutionary subtlety; that was precisely Darwin’s argument — that the metamorphosis reacting to physiological necessity in order to allow for the propagation of any given species, occurs not by genetic alterations involving sudden and drastic earthquakes, but by slow, almost undetectable nuances of change.

That is why there is no “missing link” to discover in the fossils of unrecorded history; the preservation of ancestry occurs by revealing closeness to modern kin, and the farther in time we discover, the greater the alienation of apparent relationship. Rarely does an anomaly of nature survive, for such mistakes test the forces of survivability; mutants are thus fodder for science fiction and stories about lost civilizations and catastrophic survivors of devastated ambience.  Dystopia is popular, as are zombies and mutants, but hardly reflect a reality generating scientific certainty or a foundation to base genetic discoveries for curing medical mysteries.

The aged who complain distressingly of “them good ol’ days”, have the ability and capacity to recognize the stark contrast between the ills of modernity and of the segmentation of remembrances decades ago; the comparison is not between today, yesterday, or even the day before; rather, it is by erasure of multiple middle years that we can realize the drastic alterations heaped upon us.

Thus, the slow boiling of a frog is the metaphor we can relate to; or, in literature depicting an age of innocence, where children played merely for fun, and not for training to be the next great olympian.  No longer can “playing” be for mere amusement and leisure; any and all activity must be measured as against future utility, and recruiters now roam the hallways and gyms — not of colleges or high schools, as one might expect, but — of middle schools and promising elementary classes.  There is, indeed, something drastically different between modernity and that “time before”, when “fun” is no longer allowed or allowable, and childhood, innocence and carefree disregard of world events must be a means to an end, and never a gemstone retaining value in its own right.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition requires consideration for filing a Federal Disability Retirement application with the U.S. Office of Personnel Management, the time of innocence past is like a distant memory difficult to hold onto, but ever often hard to forget.  The days of fun, like lazy summer afternoons spent on elbows supporting nodding chins and flushed cheeks full of promise, are long gone, like distant memories forgotten but for moments of reminiscences over barbecue grills and family get-togethers.  Life is tough being a grown up.

For Federal and Postal employees who must, in addition to the obstacles and pitfalls of daily living and career choices, contend with medical conditions and agency harassment, Postal disciplinary actions and other unwelcoming overtures, filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best choice and option of promising resort.

Staying put, is no longer possible; simply walking away, is a fool’s act.  Filing for OPM Disability Retirement is the wisest road to a tomorrow which promises a different phase.  These are no longer days of fun, and the training we received is to be applied by revealing growth, maturity and wisdom through our actions of pragmatic fortitude.  And like the crystal ball which children use as marbles in play, looking into one as a device for future insight spoils the fun of it all.

Sincerely,

Robert R. McGill, Esquire

 

Medically Retiring from Federal Government: Environmental Toxicity

We read about it in the print and other media; the global nature of the problem, the haunting images of rusting barrels and canisters with leaking liquids of foreign and unidentifiable hues of chemical mixtures; of stories involving deformed babies and cognitive delay, with early onset of dementia causally related to the drinking water, air pollution and osmosis of agents otherwise harmful.  Science Fiction writers employ the genre of antiseptic cities of artificial constructs, with men and women who venture out into the tainted world in white suits of sealed purity, breathing through tubes and oxygenated rasps barely audible through the thick materials of protective immunity.

China, we are told, basks in the careless disregard of deliberate destruction, with India lagging not too far behind, and then the “developing” countries; that the airstream, jet stream and water streams are all connected, like tentacles which relate back to the organic essence of human existence, and unless little old “me” and “I” and the pointed finger of accusatory mumblings does “his part” or “your part” in reducing all that mess that the proverbial “we” have created, that doom is just around the corner accompanied by “gloom” preceding its cousin; and so we laboriously cart our plastic bottles and milk cartons into larger and larger bins that have logos we proudly think represents the advancement and modernity of our thoughtfulness, and watch as the powerful jet set in private planes and get transported in SUVs that spew out untold tons of unseen pollutants in order to congregate and discuss the fate of the universe, the represented country, the state, the community and lil ol’ me.

Environmental toxicity, of course, is a real problem; it is the lip service paid by those who preach without actionable lives of verified sincerity which presents a problem for most.  And for the rest of us, the “little people” who matter not and impact insignificantly upon the global scale of policy interventions, there are multiple dimensions of the term itself — as in the quality of the workplace, the manner in which the employer treats employees, and in the Federal sector and the U.S. Postal Service, the application of relevance for the conceptual compound of the two words often implies more than the physical universe of occupied space; it involves the harassment, emotional abuse and hostility of purpose.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition compels the Federal or Postal employee to file 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, the question of environmental toxicity is just that — not the wasteful plastics otherwise disregarded and discarded into the trash bin, but the real impact of a caustic atmosphere empowering little minds within fiefdoms of medieval power centers.

How the Federal agency treats “lil ol’ me”, and what the U.S. Postal Service does to its employees by requiring and forcing abusive repetition of physical labor, goes well beyond what the ordinary person cares about in China, India, et al.; instead, they want you to look beyond the window of your own house, even as the smoke fills and the fires blaze in the very neighborhood you live in.

Sincerely,

Robert R. McGill, Esquire