Tag Archives: OPM disability lawyer

OPM Disability Retirement Law: Mental Accretions

It is the “process of growth or increase, typically by the gradual accumulation of additional layers or matter”.  It is that which becomes magnified within the insularity of the mind — of the aggregation expanded by creativity, imagination, fears, potentiality, impotence, nightmares; in short, the fullness of one’s cognitive infinity.

Mental accretions include the limitless capacity of the mind towards exponential creations by taking the encounter of Being — of what “is” — and going beyond and imagining the worst, or the best.  Kantian philosophy would be compatible with this perspective — of the categorical imperatives, the imposition of human perspectives upon the noumental world of pure objectivity; and in the end, it is the human, mental accretions which determine whether or not we can maneuver the greater world within which we must operate.

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, mental accretions are often the roadblock preventing the next step in moving beyond your present circumstances.

For, it is often the mental accretions themselves — of magnified fears out of proportion to the reality of your situation; of imagined impediment reflecting not the problems able to be solved, but of unreasonable conclusions reached without sound advice.

Do not let the mental accretions rule and ruin the potentiality of what may be; instead, contact a Federal Lawyer who specializes in FERS Disability Retirement Law, and begin the process of getting sound and practical advice in preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, and stop fretting over the mental accretions which fail to reflect the true perspective of your current circumstances.

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: Knowledge & Application

We tend to separate the two, and have generally been taught that the former — even without the latter — is a “good” thing.  Our grade school teachers certainly repetitively pounded it into our thick skulls; and higher academia relies upon the belief that knowledge, “in and of itself”, is a valuable thing.  Application — or utility — is of the “business” world, and for academicians, somewhat sullies the purity of knowledge.

Perhaps it began with Plato — on the other hand, doesn’t all of Western Civilization begin with Plato (and by fiat, Socrates)?  Knowledge of the Forms; the metaphor of the famous “Cave”; the conceptual ideal of the purity of ideas; the Socratic method of questioning for the sake of attaining wisdom — all of it, without the worth based upon application or utility.

The first poor fellow who discovered a vein of gold — certainly, the beauty of the glitter must have astounded, but even with that “knowledge” of beauty, did he understand the future application of value in the commodity markets?  And of those oddball individuals who love to collect bits of information — of knowledge — without any practical application — we have all met them; of people who suddenly spout statistical data just to show off their knowledge, etc.

For Federal employees and U.S. Postal workers who, because of a medical condition, need to prepare, formulate and file an effective Federal Disability Retirement application under FERS, be fully aware that both knowledge (of the laws pertaining to Federal Disability Retirement) and application (of the persuasive authority of statutes, regulations and case-law) are needed to win a Federal Disability Retirement fight against the U.S. Office of Personnel Management.

Knowledge is good; knowledge and application, in the “real” world, are better.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of not only knowing about the complex laws governing Federal Disability Retirement, but moreover, to have the powerful asset of applying that knowledge where it really counts — in the application itself.

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 Worker Disability Retirement: The Unresolved Problem

It won’t go away on its own.  We might wish it did; we might try to “will it” away; or, one might consider just ignoring it.

There are, to be sure, some problems which resolve themselves.  Children and their emotionally-fraught years of teenage problems — they often resolve themselves through age and distance; although, in this day and age where greater danger lurks in the dark web of the ethereal world, the job of the parent often is to make sure the problems don’t compound themselves into irreversible calamities.

A limp, too, might resolve itself.  And if you step in some dog-doo — yes, over time, walking with it on different surfaces will eventually scrape it all off from the soles of your shoes.  But as with children and dog-doo, it is often a good idea to take the time and initiate some action which is aggressive, positive and deliberate.

Filing for Federal Disability Retirement benefits under FERS requires just such an approach, because in the end, the chronic and debilitating medical condition is one of those unresolved problems.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management, and begin the deliberative process of tackling the unresolved problem.

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.

 

Medical Retirement Benefits for Federal & Postal Workers: Expectations versus Reality

The dawn of the American century arrived sometime after the First World War.  America’s entrance into the world stage; its dominance in influencing culture, economics, politics and social upheavals cannot be ignored.  At home, too, kids were brought up with a view that expectations were limitless; that everyone could achieve anything and everything so long as you put your heart, mind and soul into it.

The reality, of course, is quite different.  For, the fantasy of expectations fails to take into account individual limitations, whether in the arena of creativity, intelligence, circumstances or just plain luck.

We taught our kids the false pablum that in America, everything is possible for everyone, and thus do we have the reality-check upon millennials and others that, NO, not everything is possible, and sometimes you have to accept the plain fact that reality imposes a check upon your expectations: You cannot win at everything; you cannot succeed at every crazy venture; you are not always going to come in first; and, in fact, you may not even be given a pat on the back just because you show up.

Medical conditions, likewise, provide a reality check.  We are not all of us triathletes; our bodies are, indeed, vulnerable; and though we may think we are a species which can multitask better than other specialized animals (i.e., the predator cats are good at chasing and killing; the falcon at zeroing in upon its prey, etc. — but the human animal, though not the best at any one thing, is good enough at a multitude of different tasks), there is a limit as to how much we can do before the stress and anxiety of becoming overwhelmed sets in.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has given you the reality check against expectations of continued employment with your Federal Agency or the Postal Service, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of initiating the preparation, formulation and filing of an effective Federal Disability Retirement application — where you are finally recognizing that there is a substantive distinction to be made between expectations and reality.

Sincerely,

Robert R. McGill, Lawyer
OPM Medical Disability Retirement Attorney

OPM Medical Retirement under FERS: The Peppered Denial

Take a handful of pepper and go out into the snow (which shouldn’t be too difficult, given the snow storms of recent vintage, at least in certain areas of the nation); throw it up into the air and let it “pepper” down.

What do you see?  Pock-marks of darkness, and as it dissipates with the melting cold, a spreading of dark spots — depending upon the kind of pepper it is. Or a shotgun blast from afar — see the spread of indented imprints left where the pellets become less constrained based upon the distance of the target.

The U.S. Office of Personnel Management takes the same approach — of “peppering” you with reasons in a denial of a Federal Disability Retirement application.  X-medical report says Y; notation on the doctor’s progress note indicates Z; you didn’t have any service deficiencies; even though B says C, it doesn’t matter because OPM doesn’t believe D; and on and on.

One would think that, instead of such a meandering approach, the OPM medical specialist would present a tighter, more coherent basis for such an important issue.  The question is: Does each pepper-spot need to be cleaned with a salt-like application to answer them?  Or, can a more generalized approach be applied?  It depends.

Contact a FERS Disability Retirement Lawyer who specializes in OPM Disability Law and begin the process of responding to the peppered denial from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement Help: Life’s Challenges

It may not seem so at the time.  Often, during encounters, we consider them as threats, annoyances, “the world is unfair” muses, and would rather avoid them and get on with the routine of our lives.

We hear people talk about “challenges” and “journeys”, and we scoff at such language games and euphemisms as being mere facades behind which lay the true nature of existence: fear, loathing and a greater sense of bitterness.  Why me?

Medical conditions are, indeed, challenging; and whether you characterize them as “another journey”, a bother, one of “life’s challenges” or a greater annoyance which cannot be avoided — it is an existential reality which must be faced.

In facing one of life’s challenges, it is a good idea for the Federal or Postal employee who must consider filing for Federal Disability Retirement under FERS to consult with a OPM Disability lawyer who specializes in Federal Disability Retirement Law, lest the annoyance and one of life’s challenges turns out to be somewhat more than that — a disaster that could have been avoided.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Peace of Mind

It is a wonder how information is restricted or fails to be disseminated.  Of course, like all insurance policies, one is never interested in the details of an insurance policy unless and until it is needed.  Insurance is often likened to “peace of mind” — and that is how it is packaged and sold.

You purchase insurance not only because it is required (such as auto and home), but because of the fear of the “What if” scenario: What if I die before my children have grown up? (life insurance).  What if someone gets injured on my property? (umbrella insurance).  What if I become disabled and am unable to work? (Disability Insurance).

Yes, there are private policies, as well, but fortunately 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, there is the added benefit of Federal Disability Retirement.

You may not need to access it for now, and for that, it provides a “peace of mind” until and unless it becomes necessary.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Government Employee Disability Retirement: Going Back

The salmon spawning, rabbits returning; other animals come back to the place of birth, the area most familiar, the site of birth’s imprint and early remembrance.  Going back is ingrained; it is done without thought, without reservation, and often without regard to consequences.  The job that we know; the house that we built; the friends we always knew; these bring about a sense of regularity, rhythm, comfort and a returning sense of restfulness; and so going back is as natural as sleeping.

What we don’t take into consideration is that, while we were gone, things may have changed.  This is the anomaly of life: For, we are geared towards expectations of sameness and similarity; that when we leave a room, it will remain the same when we return; when we see a friend again, we expect that he or she hasn’t changed; and when silence prevails, identity never ceases or alters.

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, going back can be a traumatic endeavor.  The essential elements of the position may have remained the same; the people at the Federal Agency or the Postal Facility may still be there; the work requirements are unchanged; but you have changed.  Your medical condition has forced the change.

Going back may not any longer be possible.

In that case, consult with an attorney who specializes in FERS Disability Retirement Law, lest going back results in consequences unthought, like a new pattern of harassment and a move to terminate you.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

FERS Disability Retirement: The Venn Diagram of Life

Venn diagrams reveal the logical relationships between a finite collection of different sets.  Unlike concentric circles which all share a common center and thus fail to show their interconnectedness, Venn diagrams unravel both the connected relationships as well as the disjointed and isolated parts.  Thus, while all of X may also share in Y, some of Y may not connect with X or with Z, etc.

It is emblematic of our personal lives — where some part of us may be shared at work, but not all; and the personal side which is “not known” at work may be a private side of us that no one ever knows, and need not know.  Medical conditions are often those sets of conditions which represent a part of Y (personal side) but which are left isolated and private, outside of the reach of knowledge, yet nevertheless a part of X (work side) precisely because we bring to work our medical conditions (because we have no choice about the matter), even though we try and hide them.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to increasingly impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, the Venn Diagram of Life is a familiar concept — trying to leave the impact outside of the circle of work becomes increasingly difficult, and the “work-circle” more and more notices the infringing nature of the medical condition itself through greater use and exhaustion of Sick Leave, LWOP and reduced performance efficacy.

The key, then, is to recognize the logical and real relationship between one’s medical conditions and their impact upon one’s ability and capacity to perform the essential elements of one’s job.  Once that relationship has been realized, then you can make the proper decision as to whether it is time to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

As part of that Venn Diagram of Life, you may want to look at the diagram of concentric circles, as well — where the common center of a successful disability retirement application is often in consulting with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R.McGill, Esquire

 

FERS OPM Disability Retirement: Of Imprints in the Sand

They fade away quickly and become part of the landscape that once was; and when we try and grab a handful of sand and squeeze the collective grains within our closed fists, the finery of each pours from every crevice left open like the hourglass that counts the moments lost.  Whether by the winds that shift the dunes afar or the lapping waves which erases the imprints once boldly made, the residue of our existence by natural necessity fades and ultimately disappears.

Mortality for most is a scary thought; immortality, a dream and fantasy desired; and within the spectrum of the two extremes is the daily imprint in the sand of human existence.

During that brief moment of appearance upon the sands of our lives, we all have to make decisions both of major consequential effect and minor residual impact, on a daily basis.  Plans for the future; getting the day’s chores done; actions that may impact others; inaction that reverberates to others; and throughout each, the pause and hesitation that reflects indecision may be a further factor in the imprint upon the sand, whether of lasting impact or momentary indifference.

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 imprint in the sand that has to be considered is:  Is continuation in this job and career possible? At what point should I file for Federal Disability Retirement? How will it impact my life, my finances, my ability to get a job in the future? And of imprints in the sand — will my decision have any consequences beyond the disappearance upon the dunes, any more than being separated from Federal Service or the Postal Service?

To understand the procedure, the impact and the residual consequences, consult with a Federal Disability Attorney who specializes in FERS Law, lest the imprints in the sand of one’s life becomes a permanent and irreversible mistake that cannot be reversed like the sands that slip within the hourglass of one’s life.

Sincerely,

Robert R. McGill, Esquire