Federal Employees Retirement System (FERS) Disability Law: The Arbitrary Discount

When it is to one’s favor, of course, the arbitrary discount is a welcome benefit.  Every now and again, it happens — more often in an independent store, where the owner will say, “Well, you’ve been a great customer; I am going to give you a 10% discount just because…”.  Just because what?  No reason — just because it is Saturday; just because you are pleasant; just because I wanted to, etc.

That is the nature of an arbitrary discount.  However, what about an arbitrary discount when it is not in your favor?

In a Federal Disability Retirement case, the OPM “Medical Specialist” may deny a Federal Disability Retirement application with the following reasoning: “Your treating doctor is not a specialist in treating X.  The restrictions placed on you are therefore invalid and you have not shown that you are disabled.”  WHAT?  And yet — it is just another arbitrary discount — the discounting of your treating doctor as a valid person to make reasonable medical decisions; it just so happens that such an arbitrary discount is not in your favor.

Even though, of course, the law supports you in every way and even though OPM’s opinion should be discounted entirely.  But hey — OPM is the independent owner of the “store”, and they can do what they want, right?

Contact an OPM Disability Retirement Attorney who can and will fight against such arbitrary discounts.

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.

 

Office of Personnel Management (OPM) Disability Retirement Benefits: Other Languages

Learning another language is an interesting phenomena — one requiring difficult dedication, a capacity for memorization (even with access to Google and the easy tools of translation, vocabulary, etc.) and a requirement of patience.  Perhaps you studied the language in college, or grew up in a foreign country where, as a child, speaking it was a natural way of life, somewhat like the process of osmosis.

Each language, of course, has its subtleties; some are more foreign than others.  French uses many words similar to English; Japanese or Chinese, on the other hand, are languages which do not share a common origin, and thus are often considered more difficult to learn.

Pronunciation of any foreign language is another matter altogether.  In some ways, the process of learning a foreign language is akin to learning a new “language game” — to understanding and comprehending terms and concepts in a different field or discipline.

Filing for Federal Disability Retirement benefits under FERS is somewhat like learning a new language, and the fluency with which one masters the concepts and legal strategies will often determine the pathway of success or failure.  Contact an OPM/MSPB Attorney who specializes in Federal Disability Retirement Law, and leave the learning of this “language” to an expert who speaks it fluently.

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: The Fool’s Facade

Throughout our lives, there are stages of facades.  As a young child, it may be the facade of toughness; as a teenager, of not caring; of a young man, of cognitive dissonance; in middle age, the facade of contentment; in later years, of a facade of wisdom.  All throughout, we put up walls and hide the skeletons in our tightly-sealed closets.

In the end, the only person we actually fool is ourselves.  For, the fool’s facade involves the fool of the self constructing the facade that only we can make up.

There are, however, facades which cannot hide some things — such as a medical condition.  We can walk around and try to pretend, to hide, to act “as if” — but when a medical condition begins to prevent a person from performing one or more of the essential elements of one’s Federal or Postal job, such a facade only goes so far.

When that time comes to a breaking point — when you can no longer pretend or act “as if” — then it is time to consult with an OPM Disability Attorney who specializes in FERS Disability Retirement.

Don’t let the fool’s facade deny you your rightful benefits.  Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and strip away the fool’s facade.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The Mistakes We Make

Are they correctable?  Are they irredeemable?  Is there some office at the local government building marked, “The Department of Corrections” — No, not the one that runs the prison facilities, but another, more important one: An Agency that can correct the mistakes we make in life.  Such a Department, if it exists, might have the following conversation:

“I need a mistake corrected.”
“Take a number and have a seat.”
“But it’s an emergency.  I need the mistake corrected immediately.”
“Emergency mistakes are handled by the Department of Emergency Corrections just down the hall.  Take a left out the door, then the 2nd right, and the third door after the right turn.”
“Can they correct all mistakes — even ones that seem to be stupid ones?
“If it is a stupid mistake, then that is taken care of by the Department of Stupid Mistakes.”

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, consult with an attorney who specializes in Federal and Postal Disability Retirement Law.

Even if you have already begun the process, it is important to make sure that your Federal Disability Retirement application is as “mistake-free” as possible; and while there may not be a “Department of Corrections” of any sort, a FERS Disability Attorney who specializes in Federal Disability Retirement Law comes as close as you can get in responding appropriately to such an inquiry.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: This is Happiness

It is the title of Niall Williams’ recent novel; a story about a young man’s coming of age; and yet, beyond a story about a small town and the movement of progress, electrification and the defining moments of what constitutes “happiness” in the small sense of the word, human trials and miseries, as every story must include both happiness as well as sadness, and no story can be believed without the inclusion of either.

It is, ultimately, not in the accumulation of wealth or fame (for, in the small town where the story is set, neither can even be conceived as to the extreme nature that modernity has embraced), but in friendship and human interaction, of love and admiration.  It is set in a time before electricity was known; when innocent love was from afar; and where death was accepted as part of a natural process.

The undersigned rarely recommends a novel to others, but Niall Williams’ work, “This is Happiness”, is well worth a slow and enjoyable read.  It is like an Irish Ballad written in prose, and you can almost hear the melody within the pages of the novel.

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, what “happiness” is comprised of is often — like Niall Williams’ novel — in the smaller things of life: Of acceptance; of being treated with dignity in the workplace; of being able to obtain an annuity because of one’s medical condition when the need arises and the circumstances warrant.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of early retirement so that you can focus upon the smaller things in life, and declare that yes, This is Happiness.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Castles in the air

Is it the same idea as Cervantes’ Don Quixote who charges at the wind mills?  Or of Don McLean’s soulful lyrics when he wrote, “And if she asks you why you can tell her that I told you, That I’m tired of Castles in the Air.”?

Is there a difference between dreams and visions realized, and those that remain as castles in the air?  Are such unrealized castles merely the childish remnants that were left behind within the bundled laughter of grown-ups who saw the folly of youth, or are they they vestiges of frustrations discarded because, when we “grow up”, we realize that reality doesn’t quite share the optimism of youth’s unfettered vision?

Whatever the origin, wherever the spark, it is important to preserve a semblance of a dream, even if never realized.  The “dungeon” is its antonym, where all such dreams drain because the lowest point of any location is where the water flows and the desolation of a desert abounds.

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, it may well be that castles no longer exist in the air or elsewhere; that the medical condition itself has become the “reality” that one must deal with, and castles — in the air, on the ground, or somewhere far away — is a luxury one cannot afford to even consider.

And filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may be the farthest thing from childhood dreams of what you saw yourself achieving; but in the end, it is the best option available precisely because it frees you from the workplace harassment, embarrassment and resentment where work is no longer compatible with your medical conditions; and as for those castles in the air?

They may still be there once you can focus upon and regain your health; for it is the dream even unrealized that allows for human creativity to spawn and spread, but the pain of a chronic medical condition is what makes of us all the Don Quixote who charges at harmless windmills.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: 2 countervailing rules

Here are 2: If you have an idea late at night, unless you write it down, you will never remember what it was in the morning.  The other half of the countervailing rule?  In the morning, it won’t seem as profound a thought as it first appeared late the previous night.  Or: Forgiveness can come easily when once you admit to your fault; and the counter to that — if it is your spouse or close relation, don’t think that you won’t be reminded of your need for forgiveness when once the first sign of trouble appears.  And another: Time will heal; yet, the countervailing reality: others rarely care to sacrifice their time in order to allow for the time needed to heal.

And for Federal and Postal employees 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 first “rule” of the 2-part countervailing rules of life is often: “Oh, I have been such a good employee all of these years, I am sure that my Agency or the Postal Facility will be understanding while I prepare a Federal Disability Retirement application — for, doesn’t all of those years of good service count towards a good-will well deserved?” And the countervailing rule to that is: “Buddy, you’re no longer going to be a part of this team, and what you did yesterday counts only until this morning, and no more. Let us give you a freshly-minted medallion that you can pin on your lapel, and boot you out the door the moment we discover that you are planning to file for Federal Disability Retirement benefits — even though you are doing only that which you have a perfectly reasonable right to”.

And thus do the countervailing rules always come in a duality of balancing coordinates; and, unfortunately, the behemoth of a Federal Agency or the U.S. Postal Service always seems to have the upper, dominant hand, which is why you may want to first consult with an attorney who specializes in dealing with such countervailing rules of life.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement Representation: Forgotten

Is that the basis of our fears?  Does the concept of immortality haunt us precisely because we fear extinguishment, erasure, censure and being forgotten within a moment’s notice beyond the short mention in a local paper’s obituary?  Is that not, instead, the normal course of events — the way in which this non-teleological universe meant it to be — of returning to dust from whence we came, and become regenerated through the soil that embraces our ashes and decomposed flesh so that the genetic materials become recycled by the very foods we digest?

Mortality is that which men fear; becoming immortal is the goal of many; but being forgotten is the fear realized in the lives of most.  What difference, in the end, does it make?

We project an image through the creative imagination of our own psyche, and create images of a time beyond our own demise — of a weeping widow (or widower); children speaking in hushed tones of a person who was but is no longer around; and in our inkling of what it will be like, we posit our own consciousness by being present in a room that acknowledges our own absence.  Is that what sweet revenge is like — of imagining all sorts of regrets by those who shunned us, humiliated and ignored us when we were in their presence in life?

To be forgotten is to regret our own insignificance, and to constantly be haunted by one’s own irrelevance.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the issue of being forgotten becomes a reality quite quickly and soon in the process of deteriorating health and use of sick leave or going on FMLA.

For, Federal agencies and the Postal Service are quite adept at forgetting — forgetting the years of loyalty shown by the Federal or Postal employee; forgetting the years of service, unpaid overtime and those “extra” hours put in but left uncompensated but for unrealized hopes of future considerations that never come about; forgetting the contributions of yesterday because today and tomorrow are all that matters to the Federal agency or Postal Service; and it is when the word “forgetting” in the present participle transforms into the past participle of “forgotten” that we finally come to realize that health is of greater importance than loyalty; and that is when the recognition that preparing, formulating and filing for Federal Disability Retirement benefits, to be filed through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the best defense against a bureaucracy that has easily forgotten the essence of human worth and dignity.

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