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 Disability Retirement Law: Beyond Self

In evolutionary theory, we are taught that “survival” is the driving impetus to changing genetic codes such that those who are successful in that endeavor increase the presence of one’s DNA within the pool of available survivors.

To that end, in modernity, in a world where brute force is no longer the basis for survival, but rather, the ability through cunning and intelligence has taken over the former “State of Nature” and replaced it with the “State of Civilized Behavior” — and so the focus is upon “Self” and of advancing the ego and the importance of the individual.  Or so the argument goes.

Throughout history, there have been many attempts to quash that “self” — of Buddhism in denying the reality of the world, thereby protecting oneself from despondency through diminishing the impact of suffering; of Communism by re-ordering the importance of “self” and making “community” or communal living the apex of human happiness; and even of Western religion in providing a paradigm for self-sacrifice in order to achieve an eternal kingdom where the self can be rewarded through self-sacrifice in this world.

In the end, however, somehow the “self” keeps popping back up, and getting beyond self never quite manages to prevail.

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, getting beyond self is an easy endeavor.  For, it is precisely the fact that the Federal or Postal employee has failed to focus upon oneself, as evidence of the basis for one’s failing health.

Self-sacrifice for one’s Federal Agency or the Postal Service is often a primary reason as to why one’s health has deteriorated, and it is high time that the Federal or Postal employee re-focus one’s priorities, and re-orient them to care for one’s self.

Contact a Federal attorney to discuss the possibility of filing for Federal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management (OPM), and begin to go beyond self by re-focusing upon one’s health, and the priority of the “self” in this otherwise uncaring universe.

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 & Postal Worker Disability Retirement: The Patchwork Approach

It has come to be a sought-after item, often referred to as artistic and creative.  Like antiques which were once merely furniture used and other items daily utilized by others long ago, the patchwork quilt, blanket and other textile items put together from different fabrics and pieces from worn-out castaways — the remade product was an attempt to salvage the best of the worst, then put those sections together to make something new from the old.

Such an approach has also been applied in other disciplines and subjects — even in Federal or Postal Disability Retirement applications.  The Patchwork Approach is to put together whatever seems helpful, without any overriding conceptual umbrella or legal theory, approach, paradigm, etc., then sending it off to the U.S. Office of Personnel Management — somewhat akin to the “shotgun approach”.

But is that the best way to prepare an effective Federal Disability Retirement application under FERS?  Or, is the better approach to retain an attorney who specializes in Federal Disability Retirement Law and present a cogent, coherent and well-argued case, and to leave the patchwork approach for quaint Amish blankets?

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.

 

The U.S. Office of Personnel Management: The Objective Perspective

There are those, of course, who contend that there is no such thing; that we are all colored by our biases and prejudices; that “objectivity” is a false premise, to begin with, and merely a pretext to spew one’s hidden agenda.

But the mind is greater than a mere cauldron of personal beliefs.  It can, through logical analysis, strip away personal content, private biases and reach a level of logical judgements through an extrapolated methodology of abstracted conceptualizations unfettered by privately-held prejudices.  It is comprised by a disciplined approach, and is a perspective which is obtained through self-checking and considered judgments.

The U.S. Office of Personnel Management, of course, claims to review all FERS Disability Retirement applications with an “objective perspective”.  They will claim that they are not out to deny a claim, but merely reviews all Federal Disability Retirement applications with an “objective perspective”.

Have you ever read a denial of a FERS Disability Retirement application issued by the U.S. Office of Personnel Management?  They make it sound as if you had absolutely no chance of success.  Does that approach appear to be “objective”?  “Unbiased”?

Consult with an OPM Disability attorney who specializes in Federal Disability Retirement Law, and hire a Federal Lawyer who goes beyond the objective perspective, and instead becomes an advocate who will argue in your favor.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Help: OPM’s Medical Specialists

OPM — the U.S. Office of Personnel Management — has “Medical Specialists” from the “Boyers Division” to review, evaluate, assess and ultimately make decisions upon each Federal Disability Retirement application submitted by Federal and Postal employees under FERS.

Now, there is no doubt that they possess unique medical knowledge — to whatever degree that they hold, from whatever perspective they come from, and the context of their applying such knowledge and background, etc.  But they are not lawyers.

Doctors and nurses have a specific perspective in viewing the world, just as lawyers and engineers, also, have a unique perspective. Their background and expertise is like a colored lens through which the world is seen.

Federal Disability Retirement is not just about a medical condition; it is, instead, the nexus between the medical condition and one’s ability/inability to perform one or more of the essential elements of one’s Federal or Postal job, within the context of a continuously-growing body of law.  That is why OPM’s Medical Specialists are often wrong in their conclusions in making a determination on a Federal Disability Retirement application.

If you need to file for Federal Disability Retirement benefits, or have been denied such benefits from OPM, contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law; for, in the end, it is not up to OPM’s Medical Specialists to make the final conclusion on a Federal Disability Retirement application — rather, it is The Law.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

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

 

Federal & Postal Disability Retirement: The Unintended Error

Perhaps it is an unnecessary assumption; for, are any errors intended?  And, if intended, does it not undermine the very concept of being an “error”?  Do we ever deliberately make an error?  Or, is it more likely the case that — if we in fact did intend to make the error — we would merely retrospectively lie about it?

Perhaps in circumstances where much is at stake, or a person is threatened — as in gambling, where “throwing” a game will result in greater profit, or making an accounting “error” will limit financial devastation, etc.  Otherwise, in most instances, an error is presumed to be unintended.  And it is precisely because it is unintended that an error becomes exaggerated in its unintended consequences.  “We didn’t know”; “If only I had known”; “How could I have known?”; “I didn’t mean to…”, etc.

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, preparing a Federal Disability Retirement application to be submitted to the U.S. Office of Personnel Management in as error-free state of formulation is obviously the preferred state of submission.

Errors can — and will — come back to haunt you, whether unintended or not.  Consult with a Federal Disability Retirement Lawyer and limit the extent and consequences of errors unintended.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Attorney

 

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

 

Medical Retirement for Federal Employees: The Audience

We shall see.  Sports without an audience.  There have been enough psychological studies done to establish that people — including groups of people (i.e., teams) — act and react differently in comparative analysis between behaving before crowds as opposed to without them.  The greatest performers have been those who “know” their audience.  In other words, the “crowd pleasers”, the ones who can manipulate the emotional responses of the audience, etc.

Do some play for the 6 o’clock highlights?  Does a spectacular play become so when no one is watching?  Yes, yes, there is the television audience; but the fans once removed is like the tree that falls in the forest without anyone witnessing it; the tree does indeed fall, but the silence that surrounds is what dominates.  We shall see.

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, remember who our audience is: It is not your Agency; it is not your Supervisor or your coworkers; it is a separate agency altogether — the U.S. Office of Personnel Management.

It is a paper presentation to OPM, and how it is characterized, what is presented, the extent and quality of the presentation — these all matter.  For, in the end, the “To Whom” is always crucial in every arena of play — whether in sports, in law, or even in the privacy of one’s home; it is the audience that makes the difference.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Fight

Not everyone relishes one.  Yet, the challenge comes about often when we do not expect it, when our proverbial defenses are down and we cannot muster the energy to properly engage it.  For children on the rough-and-tumble playgrounds, it can be over in a matter of minutes, where a few black eyes, a scrape and a bruise may be the worst of it.  For adults who actually engage in a fist fight, more serious consequences may ensue, and beyond hurt egos and wounded pride, there are laws against assaulting and battering.

But there are many other forms of “fighting”; of neighbors squabbling over overgrown trees which cross fence lines; of public debates and shaming; of aggressive trolls on the Internet.  Time was where once there were unspoken “rules” (like no hitting below the belt; no scratching or kicking, etc.), but with all-out “mixed martial arts” and other forms of unfettered fights, it seems that the art form (if there ever was one) is gone, and the only thing which matters is the outcome.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the “fight” is against the U.S. Office of Personnel Management, and fortunately for those who engage in this fight, there are rules by which all combatants must abide: The Statutes, Rules, Regulations and Case-Laws that circumscribe and dictate how the fight must be implemented and managed.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law and find out what the rules are governing Federal Disability Retirement Law before you are in the “thick of it”; for, you do not want to have been taken unawares by a sucker-punch before you know what to expect.

Sincerely,

Robert R. McGill, Esquire