Tag Archives: opm disability list of conditions

FERS Disability Retirement Law: Mistaken Identity

Mistaken Identity can take many forms.  In its simplest version, it is to merely mistake one person for being another.  But there are other, more complex forms.  For example, of going to an extravagant dinner party, enjoying the lavish food, being impressed with the splendor of the decor, the fine mansion, the seemingly expensive furniture, and the elegance of well-dressed people — and mistakenly identifying the wealth of accouterments for the foundation of a fine evening.

You had “fun”.  It was a great evening.  Elegance was the appearance; conversations — well, they had their moments.  The “mistake” is, indeed, in making the identification with the surroundings, and not with the relationships.  That is the difference between modernity and times past; we tend to think that the surroundings — the furniture, the paintings, all of the “possessions” — make up for and constitute the conclusory declaration of a “fine evening”.

But that is where the mistaken identity takes place; for, could not the same result have been achieved in less extravagant settings?  Was it because we were so impressed by the wealth abounding, that we forgot the importance of relationships?

And so we have gone about destroying human interaction, thinking that the accouterments were the basis for a fine evening, disregarding the relational interactions which should always take precedence over the superficial trappings which deceive.  But that is the consequence of materialism — of thinking that, at the end of the day, the winner, the king of the mountain, the one who prevails, is the one who has amassed the greatest volume of possessions.

It is the greatest of mistaken identities — that acquiring “stuff” is what makes us happy.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to consider preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS, the “mistaken identity” is often in failing to see that one’s health takes precedence over all else.

It is something we have always taken for granted; yet, without it, all else becomes secondary and irrelevant by comparison.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin to correct the misconception which has resulted in a mistaken identity — that health comes before all else, and getting a Federal Disability Retirement annuity will help you to prioritize your health.

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.

 

FERS Medical Disability Retirement: Icelandic Horses

It is a delightful little book; weaving mythology, magic and majesty of a time now gone.  Just over 100 pages, set in a time when nature was never divorced from man’s place within it, the title says it all: All the Horses of Iceland.

How the horses came to that land; the unlikely hero who traveled afar to foreign lands and found himself amongst mysterious languages; the dangers encountered; of territories plundered and wars fought; and of the beauty of that unique animal — the horse.

Magicians still possessed the power to heal; the world had not yet been overrun or dominated by the technological leviathan of fated despair; and the universe yet contained the mysteries of unknown spiritual forces, where a man could cross over from the world of harsh realities to the dreamworld of the invisible — like the white horse who was visible only to Eyvind, and to no one else.

Every now and again, one comes across that special little book which grabs you and where you cannot put it down until you have devoured the last and final sentence; and then you realize that it is past midnight, tomorrow is another work day, but you feel no sense of tiredness; only delight, and satisfaction at having had the honor to visit a world of pure fantasy and ecstatic storytelling.

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 question is: What does this little book about horses in Iceland have to do with Federal Disability Retirement?

Well — nothing.  But at least, if you were to contact a FERS Attorney who specializes in Federal Disability Retirement Law, hired him, endured the retirement process, then obtained an approval from the U.S. Office of Personnel Management, then at least you might have the time to read that delightful little book entitled, All the Horses of Iceland, by Sarah Tolmie.

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.

 

FERS Disability Retirement from the OPM: The Image of Self

We all hold one.  Some are more aware, and the balance held often reflects a proportionate causation to the healthy attitude presented.  Too much focus, dominating navel-gazing, an unrealistic caricature; too high an opinion; too whatever — of self-esteem, etc., will often lead to self-consciousness which prevents growth, maturity and acquisition of wisdom which should envelop the ego as one becomes an adult.

There is, further, the image of the “outer” self in contradistinction to the “inner”.  Progenitors of Wittgenstein’s philosophy will argue that the “inner” self is mere bosh — of materialism, technology and robotics; that we are merely the composite of synapses and that the proverbial “ghost in the machine” doesn’t exist; we are merely the aggregation of a neural network of cells.  Regardless, we hold an image of the self, whatever that may be.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a critical juncture where you can no longer perform one or more of the essential elements of your Federal or Postal job, your self image is likely suffering, as well.  You are no longer that vibrant, special, talented, “golden boy” or “golden girl” that everyone turns to for leadership and advice. Instead, others see you as that “former” shadow of an existential entity in the present tense.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law and consider moving forward so that you can focus upon getting your health back, as well as regaining the former image of “Self”.

Sincerely,

Robert R. McGill, Lawyer

 

Early Out for Federal Employees with Disabilities: Indicators

They are the flashing lights to warn others of actions about to be taken; or, they can be “clues” which allow for a preview of things yet to occur.  Retrospectively, we are all experts at identifying them; prospectively, many of us ignore or are otherwise oblivious to them, despite their obvious presence.

When we perform a forensic analysis in looking back, we will often realize that there were, indeed, many indicators which should have forewarned us of the impending troubles.  While no one likes to play Monday-night quarterbacking (actually, we all love doing it; we just like to pretend as to its involuntary necessity), such forensic analysis is a useful tool in apprising ourselves of the things which we missed.  But when an event in life occurs only once, or we only have one shot at something, no amount of retrospective analysis is going to be helpful.

Medical conditions have that characteristic — of indicators or signs which should have warned us of future problems, of which we dismissively ignored in hopes that the warnings — and the future substantive troubles — would simply go away.

Filing for Federal Disability Retirement benefits under FERS is also like that — while you have 3 Stages in order to get approved (the 4th Stage being an irrelevant one because there is no quorum on the MSPB Board), you normally only have this “one-shot” at obtaining an approval.  Because of this, it is important to consult with a FERS Disability Retirement Lawyer and make sure that all of the “indicators” are taken into account before you make that proverbial “right turn” into the future.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Medical Retirement: Summer Respite?

Isn’t that what we long for?  Those “dog days of summer”, when a slight respite is tacitly agreed to by everyone, or most everyone.  Like weekends; like informal truces presumed between enemy forces; Christmas week; New Year’s Eve; the Thanksgiving Holidays; and once upon a time Easter Week was solemnly observed where most people took a time of reflection to redirect sacred oaths and faithful commitments.

The summer respite is quite different.  Not marking any particular occasion nor recognizing a specific remembrance, it is nevertheless a time somewhere in the searing and unrelenting heat of summer that everyone suddenly slows down.  Whether by osmosis of a transcendent metabolic engineering that is inherent in all human beings, or just a faint comprehension that we all need a break, the time for a summer respite is traditionally recognized by all.

These are peculiar times, however.  With half of the nation experiencing economic concerns and the other half still battling the pandemic, there isn’t time for the yearly cycle of a summer respite.  Medical conditions are like that, too.  It robs us of that summer respite, or of any respite at all.

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 having any respite from the daily turmoil of life’s challenges, contact an OPM Federal Disability Retirement Lawyer and begin the process of preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application with the U.S. Office of Personnel Management.

While it may not get you the summer respite you were looking for, it will offer you the lifetime respite from having to have to endure the unendurable turmoil of continuing in a job which you can no longer do.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Worker Disability Retirement: Moving to the Next

Next what? This is a nation which is known for constantly moving to the next — whatever.  Other countries build upon a series of yesterdays, slowly, methodically, accumulating knowledge from past wisdom, building a culture, cultivating traditions, finding sacred solace in silent offerings to the past.

Our nation is one of abandonment, replacement — of moving to the next news cycle, the newest fad, the most recent money-making scheme and the next popular star, designer, show, Broadway hit, sports celebrity or what have you.  It is always going to the next, moving forward, never looking back at the human detritus left by the roadside of a speedway without limits.

Never mind that half of the population is depressed, medicated, left to fend for themselves and unable to cope with the fast-paced rate of a society without empathy.  Always, moving to the next.

For Federal employees and U.S. Postal workers who suffer from a medical condition, “moving to the next” is not an option insofar as the “next” constitutes the next mission-oriented duties of a Federal Agency or the U.S. Postal Service.  Instead, if the “next” is the need to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management, contact a Federal Disability Retirement Lawyer and move to the next phase of your life as a Federal Disability Retiree.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: Failures

When ascribed to a task or a project, it all depends upon how it is characterized.  When identified or closely associated with an individual, we tend to be harsher judges — especially when it involves our own participation.  Perhaps there is a simple, even “objective” definition which encapsulates the concept of failure: Of merely not achieving that which was expected.

If we work with that definition, then the focal point would be upon our own expectations, and perhaps we simply needed to adjust them to a more realistic perspective.  Then again, such an approach would merely be a circular tautology, and there would never be any failures — i.e., every time a failure occurred, we could just say, “Oh, we expected that”, and every time our expectations were not met, we would say, “Oh, we changed our expectations, so it is no longer a failure”.  But clearly, that does not reflect reality, and there are truly times when failure does occur.

In the end, what is important is to recognize that our expectations — both of ourselves and of outcomes in reality — cannot always be met, precisely because there are other intervening factors that may account for the prevention of meeting them.

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 is important to recognize that the intervening factor of the medical condition itself is what prevents you from meeting that expectation of reaching full retirement, and that is why Federal Disability Retirement benefits are there to assert.

It is not a “failure” to file for Federal Disability Retirement benefits; rather, our expectations concerning our own health intervened in the meantime, and we have to adjust to accommodate — not a failure, but of human frailty.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The Meaning of Incompatibility

We hear the word often — used in conjunction with “irreconcilable differences” (in a divorce proceeding), or perhaps in an electrical engineering context where voltages and circuitry are “incompatible” with this or that mainframe, or some similar language game involving technical issues which don’t work well together.

It is a peculiar word; stated in a certain way or tone of voice, it is a declaration of finality, as in, “Nope!  These two [blanks] are incompatible!”  And ascribed to human beings?  How about: “Jane and Joe were married for 20 years.  They have separated and are going to get a divorce because they are no longer compatible”.  Does the phrase, “no longer compatible” mean the same thing as being “incompatible”?  Can two people, like two components of some mechanical processes, become “incompatible” when previously they were not?  Are people like widgets where parts can be irreplaceable in one instance, but are no longer so in the next?

It is, as well, a legal term.  In the field of Federal Disability Retirement Law, incompatibility is the “fourth” criteria that can be met if the first three (deficiency in performance, conduct or attendance) cannot be satisfied in a Federal Disability Retirement case.  Some medical conditions cannot so easily be described in terms of a 1-to-1 ratio between a medical condition and an essential element of one’s Federal or Postal job that cannot be met.

In their aggregate and totality, the compendium of medical conditions may have come to a critical juncture where they are no longer compatible (i.e., incompatible) with continuation or retention in the Federal Service, and that is when filing for Federal Disability Retirement benefits through OPM becomes a necessary function of one’s future goals and plans.

Sincerely,

Robert R. McGill, Esquire

 

Early Medical Retirement for FERS Employees: Envy

It is tantamount to jealousy; perhaps its neighbor, cousin, sister or husband; and both reside in the shadows of unuttered emotions, festering by maintaining an outward appearance of calm and implacable smiles while all the while eating away beneath the surface.  It can be applied as either a noun or a verb; but in either grammatical form, it retains the character of an ugly relational cauldron of discontent.

Perhaps it is directed towards possessions; or of someone else’s good luck, greater popularity or ease of living.  The questions which sprout from envy are many and varied: Why me and not the other person?  Why does X have it better than I do?  Why does everyone think that Y is so much better?

We are rarely satisfied with our lot in life, and this crazy universe promotes envy, jealousy, comparisons and disunity, for it is all about the “I” and the “Me” — it is not a community of shared interests, but the closest we know of Rousseau’s “State of Nature” where each is on his or her own and the battle is to destroy one another.

For Federal employees and U.S. Postal workers who suffer from a medical condition where that medical condition impacts your ability and capacity to perform all of the essential elements of your job,”envy” is often not towards someone else, but of a previous life, the prior person and the former self — for that time when health was taken for granted and the capacity to do everyday, “normal” things was never given a second thought.

Such envy is not the same as the envy felt towards others; for, it is neither ugly nor unutterable, but a natural yearning for something which once was and perhaps still could be.

Filing for Federal Disability Retirement benefits under FERS may not be the solution to solving that special sense of envy, but it at least allows for a foundational annuity such that you can focus your attention back to your health and begin the road towards regaining that sense of self where envy is not of what you once were, but of what you can still become.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The Weekend Warrior

It is always interesting how words expand over time, and how conceptual constructs and meanings extend beyond the elasticity of roots and origins, like the rubber band which can be stretched further than the critical juncture of the snapping limits.  Reference to the “weekend warrior” was once limited to the military reservist who — during the week, a mere civilian like the rest of us — on weekends would don a uniform and act like a career soldier.

Somehow, the delimited conceptual construct extended to non-military personnel, as in: Anyone who engages in some form of strenuous exercise or activity, then beyond that to: Everyone who does anything of any nature on weekends different from the rest of the week.

Perhaps a decade or so ago, if a person referred to someone else as a “Weekend Warrior”, it was meant and understood that such a person was a military reservist who went away on weekends to fulfill his military commitments.  Then, perhaps more recently, such a reference was presumed by many that, well, X played softball or climbed mountains, or rode a bicycle beyond a leisure activity until, today, it might mean that X considers himself a Weekend Warrior if he gets up off the couch to go down to McDonald’s for a milkshake.

The problem with the malleability of words is that, once they get beyond the origin of their roots, not only does meaning expand, but they also lose much of their meaningfulness.  For, the Weekend Warrior now refers to the Federal or Postal employee who struggles every weekend to just get enough rest in order to make it back to work on Monday.  The sadness of such a state is that such a struggle deflates not the meaning of the word, but of the meaningfulness of work and life itself.

For Federal employees and U.S. Postal workers who must become Weekend Warriors by simply resting up in order to maintain one’s health in order to struggle back to work during the week, it may be time to consider filing for Federal Disability Retirement benefits under FERS.

Consult with an Attorney who specializes in Federal Disability Retirement Law and consider what the true meaning is as to what it should mean: Of a Weekend Warrior who can once again use the weekends for its intended purpose: Of a Warrior on Weekends, and not to recuperate from weak ends.

Sincerely,

Robert R. McGill, Esquire