Tag Archives: opm disability retirement back pay

Federal Medical Retirement under FERS: Vicious Circularity

There is a direct correlation between the growing mental health crisis and the increasingly focused reliance upon cognitive insularity — where engagement with “the world” is not between the subjective (our own thoughts, senses, moods, etc.) and the objective (the world “out there” in what Kant deemed unknowable, as encountered in the noumenal — not the phenomenal — universe), but rather, between the subjective and the perceptual apparatus of the meta-universe.

Whether at work or play, everyone, everywhere, at most times, is engaged on the computer, Smart Phone, etc.  A growing consensus says that a healthy mind requires engagement with the objective world for some period of time each day — of taking a walk and leaving your Smart Phone behind; of making some connection beyond the vicious circularity of your own thoughts within the meta-universe of a virtual reality.

The corporate giants clearly have a monetary self-interest in having the world become insular; for, the greater use of the electronic devices results in greater profits and increased dependency.  No one asked the common man whether we wanted a world made up of this vicious circularity, but here we are.

With the growing mental health crisis, more Federal and Postal workers need to consider filing for Federal Disability Retirement benefits under FERS.  Fortunately, the MSPB and the Federal Courts of Appeals have recognized that there is no stigma to be placed on psychiatric medical disabilities.

Psychiatric conditions are just as valid a basis in filing for Federal Disability Retirement benefits under the FERS benefits system, through the U.S. Office of Personnel Management, as physical, non-psychiatric conditions.

As for the vicious circularity magnifying our mental health crisis?  That is for Psychiatrists and Therapists to deal with; but in the meantime, take their simple advice: Leave the Smart Phone and the Computer behind, and take your dog out for a walk.

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.

 

OPM Disability Retirement under FERS: Shame

Shame was once thought to be a valuable societal tool.  While not replacing laws, it often preempted the need for legislative enactments passed to curtail certain unwanted behaviors.  A society without shame is one which prompts and necessitates a state of unlimited laws attempting to regulate the population.

For, a society with traditions, including a general consensus regarding long-standing and known actions which have been deemed “shameful”, requires fewer laws, because self-regulation is performed through a community of unspoken and subtle repressions by mere looks, grimaces, and wordless expressions of contempt and condemnation.

Here in America, sometime in the late Sixties and throughout the Seventies, a quiet movement developed, which was anathema to shame.  We decided that the primary goal in raising children was to make sure that each child developed something obscurely indefinable and named it, “Self-Esteem”.  Shame, of course, was considered an emotion which did not help to indoctrinate or inculcate this thing called “self-esteem”, and so a concurrent movement developed: The campaign to stamp out anything and everything which might trigger a child’s having a sense of shame.

As a result, here we are today — everyone is a winner; nobody has more talent than anyone else; we are all the best that we can be; and whether you stink at something, you should still receive some sort of an award.

Yet, despite all of the educational nonsense and malpractice (Note: during the same period, some Harvard educators decided that learning to read by phonetics needed to be replaced by something called a “whole word” approach, until it became apparent that illiteracy became rampant and reading comprehension turned into a joke; but the trend is now being reversed and “phonetics” — a learning approach which worked for hundreds of years — has finally come back!  Another disastrous trend initiated in the Sixties and Seventies) perpetrated upon our kids, somehow, shame still continues to rear its ugly head in various sectors of our society.

At least, that is true of the “older” generation — like Federal and Postal employees under FERS, who try and hide their medical conditions because they feel a sense of shame that they cannot perform at the same level they are used to.

No need to feel such shame.  Go with the flow of the Sixties and Seventies, and contact a FERS Retirement Attorney who specializes in Federal Disability Retirement Law, and quit being silly — shame is something of the past, never to rear its ugly head, except maybe in unenlightened countries like Japan — a country where accomplishment is still recognized, and no, not everyone gets a prize just for showing up.

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 Help: The Quagmire of Past

The balance between times is an important talent to garner, cultivate and help flourish; it is that lack of ability which doesn’t come naturally, but is a necessary tool for living a successful life.  We watch jugglers adeptly perform the feat of seemingly effortless magic — of a dozen balls twirling this way and that, making circles and loops as if in a continuum of timeless fluidity.

We have a past; we live in the present; we look to the future.  The past is based upon our memories and is no more; the present is the existential encounter with Being; the future is based upon our past memories projected into a time anticipated but not yet objectively “real”.

The quagmire of past is the failure to compartmentalize and store away with disciplined severity; the entrapment of the present is when a person allows for the appetitive, lower parts of the soul to dominate; and anxiety about the future comes about when we know that we are wasting our time either by dwelling too much upon the past, or in the manner of our present living.  In the end, the quagmire of past is often a difficulty which cannot be completely controlled, but governed and managed by how we live today.

For those who are employed with the Federal Government or the U.S. Postal Service who are suffering from a health condition but concurrently stuck in the quagmire of past because you cannot believe that you are no longer the same “you” of a decade ago, it may be time to focus upon the present circumstances and plan for a better future by preparing, formulating and filing for Federal or Postal Disability Retirement benefits under FERS, through the U.S. Office of Personnel Management.

Contact a FERS Ret. Attorney who specializes in Federal Disability Retirement Law, and consider that the quagmire of past needs to be replaced with a hope for the future, and getting a Federal Disability Retirement annuity may be the best first step in the present circumstances to achieve that goal.

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 Retirement from OPM: Did Anyone Ask Me?

Being powerless is the plight of most; feeling powerless, the reality with few exceptions.  Even the wealthiest of the world have limited control; for, a devastating illness can in an instant make one’s wealth irrelevant, if not a burden.  And of the world in which we abide in — did anyone ever ask me whether or not this is the pathway I wanted to construct?

Did anyone ask me whether the creation of the personal computer, of emails and attachments being sent electronically; of social media where kids no longer engage in the real world but merely through virtual means; of endless wars and school shootings; of geopolitical decisions, worldwide inflation and shortage of goods and services — Did anyone ever stop and ask me whether decisions made at world conferences was what I wanted?  No — and no one ever will.

But there are certain levels of decision-making — of questions which must be asked and can only be answered by the individuals — which can and must be taken hold by specific individuals.  Such as: Preparing, formulating and filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Only the Federal and Postal worker who has been impacted by a disabling medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job can answer the question: Do I need to file for Federal Disability Retirement benefits under FERS?

So — while the rest of the world’s questions are often never asked of most individuals, there are some which are, and for help in answering those important questions, contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, where in the end, you can answer “yes” to the question, Did Anyone Ask Me?

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.

 

OPM Disability Retirement under FERS: Knowing the Law

Is it important?  How can the U.S. Office of Personnel Management make a proper decision on a Federal Disability Retirement application without knowledge of the law?

Yes, yes — the ones who make decisions are “medical specialists” — but that is only one-half of the equation.  That is precisely why the bureaucratic process of a Federal Disability Retirement is so frustrating — because OPM looks at 1/2 of the equation for the first 2 stages of the process — of the Initial application stage, then the Second Stage, the “Request for Reconsideration” Stage — and then leaves the Second Half of the process (the “legal stage”) to the paralegals and lawyers who represent OPM before the U.S. Merit Systems Protection Board.

Wouldn’t it be wiser and more efficient if there were a legal department which oversees and supervises the denial letters issued by the “medical specialists” at OPM for the first 2 stages, thereby making sure that the denial is based not solely upon medical issues, but on the legal issues underlying them?

Of course, it is rarely the case that a Federal Disability Retirement application is ever validly denied based upon the medical conditions alone; for, the benefit of “Federal Disability Retirement” always involves the legal criteria for eligibility, and that is why the applicant who wants to pursue the benefit should contact a disability lawyer who specializes in Federal Disability Retirement Law. For, in the end, knowing the law is what will prevail in a Federal Disability Retirement application under FERS.

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.

 

Office of Personnel Management (OPM) Disability Retirement: The Drama of Life

There is drama everywhere — whether in theaters, local plays, movies or daytime soap operas, the drama of life is being played out.  “Drama”, “dramatic”, “melodrama” — whichever word or concept you apply, we all know what it means.  Most of us try to minimize it, avoid it, marginalize it — and the quick response to cut it down to size is often, “I’m not into that kind of drama” or, “Aren’t you being a bit over-dramatic?”

Once upon a time the fable of lessons learned included “The Boy Who Cried Wolf” — of that story with a moral lesson of the importance of truth-telling, and if you over-dramatized a lie too often, your reputation would suffer.  And so the moral of the story taught 2 things: “Truth” is important; creating drama for your own amusement would have consequences.

But in life, there are times when the drama of life cannot be avoided.  One such time is when a Federal or Postal employee is beset with 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.  That is a time when the drama of life must be faced, especially in terms of a career choice — of whether you can continue on, or file for Federal Disability Retirement benefits under FERS.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law and begin the process of facing up to the drama of life.

Sincerely,

Robert R. McGill, Lawyer
FERS Disability Retirement Attorney

 

FERS Disability Retirement from OPM: Difficult versus Disabled

To the statement, “I am having greater difficulty in performing X, Y and Z” follows with the query: “But are you still able to?”

There is a conceptual distinction to be made between “difficult” as opposed to “disabled”.  Of course, the former may be an indication which may naturally and progressively lead to the latter, and may merely not be there, yet.

The operative word is “may” (a potentiality of disablement), here, as opposed to an established, present reality.  Or, it may be that the person speaking is misusing the language, and is trying to put the best face forward, and should have stated: “I cannot perform X and Y, and am having difficulty in doing Z”.

Human beings have a wide and strange capacity to endure and to cover things up.  Perhaps the person is having difficulty but no one sees it because he or she is simply “pushing through” and hiding the pain and disability quite well.  Or, perhaps the medical condition has approach a critical juncture where the impact of the medical condition is clearly manifesting itself to a point where Federal Disability Retirement needs to be contemplated.

In any event, the first step in making a valid, objective assessment in considering Federal Disability Retirement under FERS for Federal and Postal employees is to distinguish between “difficult” and “disabled” — where the former may not qualify you for FERS Disability Retirement, while the latter surely would.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Apparent Neutrality

Can a person, country, nation, community, individual, politician, etc., ever be “neutral”?  Or, as recent events have postured, do we all have inherent preferences, biases, “systemic” characteristics of natural or artificial preferences which guide our thoughts, words and actions?  Is it more dangerous to pretend to be “neutral” on a matter, as opposed to openly expressing one’s biases and preferences?

To express “apparent” neutrality, of course, is either to hide one’s preference on an issue, or at the very least to act “as if” — as if one has no interest, either personally or professionally; to act as if there are no “leanings” one way or another.

The U.S. Office of Personnel Management in a Federal Disability Retirement case does this — expresses apparent neutrality, as if their decision on a Federal Disability Retirement application is purely based upon “the law” and therefore is tantamount to a computer software program or an automaton which expresses pure neutrality on the matter and is merely applying the objective criteria of legal standards.  Bosh!  For, wherever interpretive input is required, by necessity one’s biases will ultimately come to the fore.

Contact a Federal Disability Retirement Lawyer when considering applying for Federal Disability Retirement benefits, and make sure that any “apparent neutrality” on the issue is decided in your favor; for, in the end, neutrality is merely a pretext to hide behind, and in preparing, formulating and filing an effective disability retirement application under FERS, it is best to have a legal expert as an advocate on your side.

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

 

Federal & Postal Disability Retirement: Life After

Too often, we become embroiled within the context of present circumstances, and come to erroneously believe that what is occurring in our lives today, this minute, this year, will remain as a constancy for the rest of our lives.  Yet, like the weather, politics, and news cycles in general, what is of consequence in our lives today will likely be barely remembered a year from now.

There is always a life after.  Perhaps we are unable to see beyond today; perhaps we fail to — as the proverbial saying goes — see any “light at the end of the tunnel”; and likely the circumstances of today appear so overwhelming and weighty that it consumes our every thought and brings about an imbalance in our perspectives.

Medical conditions tend to do that — they depress us because of the degenerative and deteriorating manner in which they impact us.  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 “life after” is to become a Federal Disability Retirement annuity.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity.  The life after, after all, need not be the same as today or yesterday, but may embrace a future yet hopeful and bright.

Sincerely,

Robert R. McGill, Esquire