OPM Medical Retirement under FERS: Primary Questions

You can easily get entrenched within a morass of details.  Primary questions — those issues which, when addressed and answered, essentially take care of sub-questions and lesser categories of details — need to be identified and prioritized.

Many people are unable to recognize, identify and extract the primary questions.  Why? Because, if you are unfamiliar with the paradigmatic, upper echelons of the legal criteria being applied (for instance, in a legal matter), then how are you going to be able to “separate out” the proverbial grain from the chaff?

At all 3 of the main stages of a Federal Disability Retirement case — at the Initial Stage; if denied, at the Reconsideration Stage; if denied a second time, before an Administrative Judge at the U.S. Merit Systems Protection Board — it is important to either preemptively or actively discern and discard the unimportant side-issues, and to focus upon the primary questions in a Federal Disability Retirement case.

The rule of life always applies: Prioritize; identify the primary questions and issues; take care of what is relevant; then, the rest of the “minor details” will often naturally fall to the wayside.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: Anticipation

It is an exceptional inkling; a necessary premonition so helpful in multiple ways; an instinct based upon — what?  How do we anticipate?  What is it based upon?  Is it merely a characteristic which some have and others are at a disadvantage because of the lack thereof?

How is a tennis champion able to anticipate the moves of his or her opponent?  Or a football team, the plays next to be called (excepting those who have been found to cheat); a baseball team able to anticipate the pitcher’s next type of pitch (again, excepting those who have stolen the catcher’s signals given)?

Or, in a Federal Disability Retirement case, how does one anticipate the arguments which will be made by the U.S. Office of Personnel Management, and preemptively answer them with greater efficacy?

It all comes down to: Preparation.  The better tennis player watches countless hours of his or her opponent’s prior moves; the football and baseball teams study films of their opponents; the lawyer who wins against OPM takes the experience of all prior cases and preemptively argues the case on behalf of his client.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and begin the process of anticipation in preparing, formulating and filing an effective Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Medical Retirement: The Commodity of More

Of course, by definition, a commodity purchased or otherwise acquired is “more” — but that is not what is meant, here.  The commodity of more implies a greater good beyond the acquisition of the thing itself.  We buy things not for the thing itself; rather, we are sold the goods because of what they represent.  Otherwise, why do companies spend so much on advertising?

If the thing itself is so valuable and needed — or wanted — to such a great extent that it would sell without the “extras” of advertisements, then companies would merely place them on shelves and each morning, like the breadlines in the old Soviet Union, there would be a great clamor to purchase the product.

No — the products we buy are attached to the symbols they represent; of greater status; of more leisure; of increased comfort and superior lifestyle; of a life representing success.  But here is the catch: The commodity of more is like that proverbial straw that broke the camel’s back; at some point, the “more” becomes the greater stress that makes everything less — less worthwhile, less attractive; less enjoyable.  Especially when a medical condition enters the picture-perfect portrait of life.

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, consider filing for Federal Disability Retirement benefits when the commodity of more has reached a breaking point.

Consult with a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether or not the commodity of more might not be traded in for a life of less — less stress, less failure, less deterioration of one’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Staying the Course

Sometimes, such a strategy can lead to success.  Despite facing obstacles or criticism, the strategic decision to remain steady and unwavering from one’s original plan can successfully result in meeting the original objective or goal.  More often than not, however, a slight variation deviating from such a decision to “stay the course” when some sense of adaptation and malleability is called for, is the better methodology to adopt.

“Staying the Course” is allegedly a showing of dedication to purpose, an unwavering capacity to ignore criticism and a steadiness of deliberation.  It can also reveal a stubbornness of stupidity.  For, when circumstances call for a change in course, ignoring such circumstances has resulted in great historical tragedies.  Great battles have been won and lost because of a leader’s inability to adapt to changing circumstances, or its opposite in waging the better fight because of an acuity of mind in viewing the need for such adaptation.

For Federal employees and U.S. Postal workers who have been “staying the course” in the face of a debilitating medical condition, it is certainly an admirable trait if you are able to stay the course.  However, if there comes a time when the medical condition is no longer compatible with being able to perform all of the essential elements of one’s Federal or Postal job, you may want to consider filing for Federal Disability Retirement benefits under FERS.

To do so, you should contact a FERS Disability Retirement Lawyer and see whether or not “staying the course” might benefit from another oft-used phrase — that of thinking “outside of the box”.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Internal Order, External Chaos

Whether the cult of Marie Kondo will last beyond a faddish response and 15 minutes of fame, only time will tell.

Japanese minimalism lends itself to making order out of chaos by discarding unnecessary clutter in one’s life.  The key word here is, of course, “unnecessary”, and how we categorized which items in our homes and offices to keep, and to what extent external chaos impacts one’s internal sense of order in this universe.

Does organizing everything in one’s home and office lead to greater internal calm and peace?  Does a person who has an overstuffed bookshelf — with books “arranged” in every which way upon a shelf, with no apparent order in the categorization of titles possessed — reflect a manner of internal chaos?

Conversely, does a person who appears to posses a sense of internal peace and order necessarily have a home and office which reflects that apparent order and peace?  Does the interior world of a person necessarily indicate the exterior state of one’s life?

For Federal employees and U.S. Postal workers who suffer from a medical condition that impacts his or her ability and capacity to continue in the Federal or Postal career of choice, the chaos of a medical condition — whether of an “external”, physical condition or of an “internal” psychiatric break down — should lead to a consideration in filing for Federal Disability Retirement benefits under FERS.

Consult with a Federal Disability Lawyer who specializes in FERS Disability Retirement Law, and consider whether or not the order of the day through proper representation by legal counsel might be the best course of action for both internal order as well as external competence in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Where We Are

The Federal Government is operational; the U.S. Office of Personnel Management continues to make decisions on Federal Disability Retirement cases, whether at the initial level of determination or at the Reconsideration Stage.

Further, because Federal Disability Retirement hearings at the U.S. Merit Systems Protection Board have always been conducted by telephone, there has been minimal interruption in Federal Disability Retirement appeals which have been filed with the MSPB.

Covid-19 has had a devastating impact upon the United States in so many ways — of the human toll; the death toll; the economic devastation; the strain upon the hospitals; and the fear, isolation and destruction upon the lives of so many.  Fortunately, the employment sector least impacted has been Federal employees, except in terms of exposure and co-morbidities.

If Covid-19 has been a deciding factor in needing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, contact and consult with an OPM Disability Attorney who specializes in Federal Disability Retirement.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement for Federal & Postal Employees: The Port

It is the Roman Stoic, Seneca the Younger, who wrote that, “If a man knows not to which port he sails, no wind is favorable”.  It is, in the end, the essence of Stoicism — of living life without complaint and without being impacted by the hardships of the objective world, all the while clinging to a path of virtue unfettered by worldly concerns.  That is why the quote above — of the internal “self” in contrast to the metaphor of the objective world: the winds which guide the ships — encapsulates the essence of the philosophy of Stoicism.

In modernity, it matters little from whence the winds come, for we engineer our own direction through engines and mechanical devices which propel the marine vessel by the power of our own creation.  But of that time when ships relied exclusively upon the breath of gods that blew the winds which filled the sails — it was a time when we relied heavily upon the favor of fate and nature’s appeasement.  Yet, even today, whether by the propulsion of machines invented or reliance upon prayers of guidance, no wind is favorable until and unless a person knows where he or she wants to go.

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 his or her position, it is important to make a determination as to “where” one plans on going before determining the “how” of the approach.  If a medical condition has clearly begun to impact one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, then where one must “go” becomes clearer: You cannot continue to stay at the job precisely because the medical condition prevents you from doing so; and so FERS Disability Retirement becomes the option by default.

The next question, then, is the “how”, as in — How does one get from point A to destination B?  Consult with an attorney to discuss the further particulars of your case; for, in the end, whether you believe in the philosophical tenets of Stoicism or not, once you realize the port to which you wish to sail, you need the favorable winds of counsel from an attorney who specializes in Federal Disability Retirement Law in order to help guide the sails of your journey.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: The gods of modernity

Each era has its false gods — of Greek ones that explained the mysteries underlying the universe; of religions that conquered by the sword; of Philosophers and Kings who ruled with an iron fist; of Freud, Psychoanalysis and other ghosts in the machine; and in modernity, of youth and the cult of the young, and perhaps of the authors of self-help books who have cornered the market on wisdom replaced.

The gods of modernity are different from those of a generation ago; the “I” and the “me” that pervades on Facebook, Twitter and Instagram; of the perfect “me” who takes selfies at every opportunity to reinforce and remind of the hollowness of the gods we make of ourselves; and in the end, the loneliness that one is left with when the screen is shut down and one is left with the reality of facing one’s self in the loneliness of a perception that cannot be faced in the mirror of one’s own reflection.

And of the other gods of reality: Perfection in perception.  But what happens if perception must encounter reality?  That is often the problem with a medical condition — for, medical conditions remind us of the ugliness of the world around: of mortality, vulnerability, and the loss of societal empathy for all things imperfect.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to be “perfect” in the workplace, and where the essential elements of one’s job can no longer be met, it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application so that the focus of one’s life can be redirected in order to regain one’s health.

The gods of modernity — of a career, of never-ending competence and productivity in one’s Federal or Postal job — must be replaced with a revaluation of what is truly important in life: Health, sanity, and some semblance of caring.  And while securing a FERS Disability Retirement annuity may not be the answer to all of life’s ills, it will at least secure a future in order to focus upon getting better, and perhaps reorienting one’s focus upon a future that may be different and better.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The infinite we seek

What is it about the things which defy limit; endless and vast beyond our capacity to comprehend, and yet we cling to concepts that cannot possibly be embraced precisely because the finite cannot delimit the infinite; for, to do so is a contradiction in terms?  Does language capture the infinite?  By knowing its definition, is there anything beyond being able to cite the description of the concept?  Why is it that some concepts are denied comprehension even though we can, by rote memory or simply by looking it up on our Smartphone and regurgitating that which someone else has written, describe and delineate?

Say, for instance, a lay person asks a Cardiac Specialist what is involved in a heart transplant, and Doctor X explains to Information-Seeker-Y the process of how the body is opened up, the various veins, ventricles, etc., snipped here and severed there, and what the dangers are, the risks posed, etc.  At the end of the explanation, we somehow feel satisfied that we have been informed of a procedure which we have never experienced, likely never witnessed and certainly will never undertake — yet, we believe we “understand’ the process.

Similarly, can a blind man who can explain the complete process involved in flying a plane say that he “understands” it fully?  And what is the fine print involved in “fully” as opposed to “partially”?  Yet, if we give the definition of “the infinite” as involving X, Y and Z, and “fully” delineate and explain the conceptual apparatus that makes up our understanding of it, nevertheless, in the end we are allowed to say, “But no one really understands what the infinite is, because we are finite beings.”

That is partially the brilliance of Anselm’s Ontological argument — of defining the infinite as “That than which nothing greater can be thought of” — a jumble of confusing words which seemingly bifurcates the finite from the infinite, but juxtaposes them in an aggregation which makes it seem like it makes sense.  In the end, it is best to know one’s own limitations and, by doing that, at least we can possess the knowledge that humility leads to greater wisdom through finite means of grasping the infinite.

For Federal employees and U.S. Postal workers who recognize the enormity of the process of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management, it is best to understand that the “infinite” — as defined as that which is limitless, endless and beyond measurability — can be applied to a bureaucratic process that involves multiple layers of incomprehensible complexities.

The infinite is a conundrum; the Federal process of preparing, formulating and filing for Federal Disability Retirement benefits is analogous to the infinite.  As such, it is wise to seek the counsel and advise of someone who specializes in Federal Disability Retirement Law — of a being who is that than which nothing legally can be thought of (i.e., an attorney who exclusively handles only Federal Disability Retirement cases).

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Changes we resist

It is almost a tautology; two words placed together as synonyms; and, indeed, the word “change” and its neighbor, “resist” have a commonality that cannot be avoided: Both imply an alteration and a sense of life’s modification never to return back.

We resist it, precisely because we want it to remain the same; but change is inevitable, and to resist is to often engage in acts of futility against a tide which resists resistance.  Few of us welcome, let alone savor, changes in our lives; and when they first appear on the horizon of potentiality, we try and resist, to stop it, to alter the course of history’s onward march.

Perhaps we merely refuse to join in with the change; or have an inner attitude of non-acceptance; or sit gloomily and pout throughout the remainder of days simmering with resentment that we were forced to accept that which we never wanted.  It is like the divorce that shattered one’s childhood and from which we never recovered; the stepmother or stepfather who entered our lives only added salt to the wound where change was resisted but no one listened to our protestations and pleas, asking, “Why can’t it be the same as always?”

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal job, “change” and the “resistance” to change are inevitable dualities of life’s misgivings.

Perhaps you were once at the “top of your game” and considered the best at what you do; or, perhaps you thrived on anonymity and were happy to work in a quiet, unassuming way.  Regardless, the very thought of change is something you resisted, but a medical condition forced such a change whether you like it or not.

Change itself is always difficult, but there are ways to mitigate the vulnerabilities that accompany change: Consult with an attorney before engaging battle with the U.S. Office of Personnel Management in filing for Federal Disability Retirement benefits.  For, while change may be like the uninvited stepmother or stepfather into one’s life, the change that truly becomes a tumultuous event is the one where you step forward into the unknown without any guidance or assistance.

Consult with an attorney who specializes in Federal Disability Retirement Law in preparing, formulating and filing for Federal and Postal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire