FERS Medical Retirement for Federal Employees: Parting the Waters

Whether of metaphorical significance or physical reality, the Biblical narrative in Exodus is a phenomenon to which we can all relate: Of an obstacle in life; a realization for a way around, through or under it; an “aha” moment where the potential solution brings about the overcoming of a challenge or the expungement of a problem.

Medical conditions often tend to be such obstacles in life, and for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to perform all of the essential elements of your position with the Federal Government Agency or the U.S. Postal Service, preparing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management is often viewed as the solution tantamount to the parting of the waters.

It may not be as dramatic as Charlton Heston’s role, and certainly not nearly as impactful as the narrative described in Exodus itself — yet, for the individual Federal or Postal employee, it is as significant as parting the waters.

Contact a disability lawyer who specializes in Federal Disability Retirement Law and begin the process of parting the waters by preparing, formulating and filing an effective Federal Disability Retirement application under FERS, to be submitted to OPM.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: When Hiring a Lawyer

When hiring a lawyer or a law firm, what are your expectations and who are you hiring?  Are you hiring an “Intake Officer” (whatever they are); a paralegal; a legal assistant; a “Disability Specialist” (whatever THEY are) — or are you hiring a lawyer?  That is, a person who holds the law degree, who is entitled to practice law, and who is the knowledgeable “expert” in the field of Federal Disability Retirement Law?

How can you tell?  Do you know you are hiring a lawyer merely because someone tells you so?  Or, are these the indicators: When you make a call, the lawyer answers your call.  When you leave a message, the lawyer calls you back.  When you send an email, the lawyer responds.

Or: You always only speak to an “assistant”, and never to the lawyer; the “Disability Specialist” (again, what is a “Disability Specialist” — and what does it mean to be a “specialist”, especially if you aren’t a lawyer?) is always the one who seems to be handling your case; and what happens if your case get denied at the Initial Stage of the Federal Disability Retirement process, and then again at the Reconsideration Stage of the process — who will see you through at the U.S. Merit Systems Protection Board?

When hiring a lawyer or a law firm, make sure that you are actually getting what you are paying for: An actual FERS Disability Retirement Lawyer who will guide you with his experience, wisdom and legal acumen.

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

 

Postal & Federal Disability Retirement: The Problem of Resignation

“Resignation” in a non-technical sense is the belief or feeling of withdrawal, whether from a position, a job, society in general, or of any chosen lifestyle.  One can have a feeling of resignation; or, there can be a formal resignation given — as in a cabinet minister who offers a letter of resignation to the prime minister or the president.  Or, in literature, it can apply to a person, as in: “He had a look of resignation, with a gaunt face and a sense that he no longer belonged in this world.”

It is often characterized by a state of desperation, where all avenues have been closed off, the alternatives have been exhausted, and there are no choices left but to resign.

Often, Federal employees and U.S. Postal workers “feel” that way, and then resign out of this sense of desperation.  A self-contained universe based purely upon one’s own thinking can result in a myopic, distorted view of one’s circumstances and situation, and it is often a good idea to seek outside counsel before making a rash decision.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that this condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, isolation is often what leads to desperation, then to resignation.  There are unique obstacles which present themselves in a Federal Disability Retirement case resulting from a premature resignation from Federal employment.

The problem of resignation is not limited to a feeling of desperation; it has practical consequences in the field of Federal Disability Retirement Law, and therefore you should consult with an attorney who specializes in FERS Disability Retirement Law before desperation results in greater obstacles beyond the resignation itself.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Drawing Up the Battle Plans

Are they necessary?  Or, is pure talent, brawn and a willingness to sacrifice one’s life — enough?  Can a military officer simply say to his or her troops, “Well, we have overwhelming numbers; let’s just pick up our weapons and overrun the enemy”?  Or, is a “battle plan” necessary, even for a short foray to test the strength, weakness or vulnerabilities of enemy lines?

Most would contend that a battle plan is a crucial aspect for any considered conflict, and that merely relying upon strength of numbers or sheer determination of will to fight are not enough.  History is replete with examples of inferior numbers winning against great odds, precisely because a superior plan had been considered and implemented.  It is not necessarily the boldness of a plan, or even that a plan is clever or masked in subterfuge; rather, the clarity of a mission, the simplicity of protecting flanks and doubling-back in reinforcing weak links — a plan which the troops understand and comprehend as to its logic and potential outcome for success — is critical for any successful attack.

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 position, preparing well, formulating meaningfully and filing in a timely manner are all part of the “battle plan” for a successful foray into the territory of Federal Disability Retirement Law.

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law and begin drawing up the Battle Plans for a successful venture in obtaining your Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire 
OPM Medical Disability Retirement Attorney

 

OPM Disability Law: The Chasm between Reality and The Law

Non-lawyers will often read “The Law” and expect that reality will conform to the language as it is stated.  That is actually a good sign, in that the expectation of the layperson is that respect for the law will necessarily result in compliance with its dictates.  But language is malleable.  It is subject to interpretation, and that is the field of play which allows for elasticity and the chasm which develops between Reality and The Law.

There are, first and foremost, “The Facts” — and whether or not “The Law” applies to a particular set of facts.  Then, from that application of facts-to-law is the further problem of deciding its significance and relevance, and whether or not there are other contravening facts or opposing case-law or statutory citations which may also impact the direct argument of sound legal analysis.  Then, of course, there can be the further difficulty of people, companies, entities and agencies which completely ignore the law and, more recently, of creating one’s own set of “alternative facts”.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has begun to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal job, it is important to apply “The Law” precisely, relevantly and comprehensively.

More recent cases of a precedent-setting nature may have altered the meaning of statutory interpretation in a subtle, more favorable manner, and thus is it important to consult with an an experienced attorney who specializes in Federal Disability Retirement Law in order to obtain the greater benefit in evaluating your case, lest the chasm between Reality and The Law be so great as to defeat one’s own attempt within a greater pool of lacking the proper knowledge in applying the law to your particular set of facts.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: What we Seek

Can everyone’s desire be placed under a single rubric, a single conceptual umbrella which captures the essence of human want?  Is it happiness we all seek?  A sense of security, or perhaps of joy, contentment, peace or love?

And if we were to all agree concerning the single most important goal for which we seek and strive, would we agree as to the definition of what it all means to each of us?  If of happiness, what would constitute the particulars of it?  For some, perhaps unlimited wealth?  For others, of love, endless satisfaction, or a single lifelong partner to share one’s dreams and aspirations?

What about for the person who suffers from a medical condition — perhaps of being “pain free” is what he or she would seek?  Of “good health” — is it something which we all seek but often take for granted and overlook?

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 job, what is sought is often a return to health.  Federal Disability Retirement is one component of a wide variety of elements which assists in returning to a level of health, by relieving the stresses inherent in attempting to juggle work and health-issues.

While filing for FERS Disability Retirement benefits may not be the final goal or solution to that which we seek, it is one component within the multiple elements which make up for the array of those things we seek.

Consult with a FERS attorney who specializes in Federal Disability Retirement Law in order to attain and satisfy at least one of those components.  It is, in the end, an often-overlooked element necessary as a prerequisite for any of those other human goals — whether of happiness, contentment, peace or joy; and even of love.

Sincerely,

Robert R. McGill, Esquire