Federal & Postal Disability Retirement: Case Development

Are all cases at the same stage of the process?  Isn’t this the same question as: Are all people at the parallel stage of maturity?

As life reflects reality in varying aspects of their sliced proportions, so every case is not at the same stage of the process.  Many Federal employees and U.S. Postal workers find themselves at a critical juncture in their careers, where filing for Federal Disability Retirement benefits has become a necessity and a step which can no longer be delayed.

Is every case ready for filing?  Likely not.  Should every case be filed, ready or not?  Only if the Statute of Limitations looms and necessitates it.  Is there anything nefarious in “developing” a case?  No.  However, there can be a slight distinction, subtle as it may be, in engaging a trail of medical documentation expressly for the singular purpose of establishing a Federal Disability Retirement claim, as opposed to doing it in order to seek medical attention.

Taking care of one’s medical condition, going to doctor’s appointments and establishing a consistency of compliance with a treatment regimen — these should all, first and foremost, be engaged in with the primary purpose of obtaining the proper medical care.

From that consistency of care, case development will follow; and for Federal and Postal employees seeking to obtain Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, the proper time for filing an effective Federal Disability Retirement application will come naturally as the case develops, which often needs the guidance and counsel of a FERS attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for FERS Gov. Employees: A Trail of Regrets

Two images are evoked by such a phrase: One, of a traveler who leaves behind a trail of regrets; the other, a traveler who travels upon a trail that has already been traveled.  The former allows for new paths to be discovered; the latter, of a trail that has already been established, and one which regretfully cannot be altered.  It is the subtle distinction between the teacher who has only taught and the experimenter who has actually lived it; the contemplator, as opposed to the one who gets his hands dirty; the one who procrastinates forever and a day, in contradistinction to the individual of action.

Regrets are a funny animal; they haunt us like loyal dogs who never leave our side, and like collectors who cannot sell their accumulated pieces, the weight of the aggregate is what ultimately destroys.  The longer we live, the greater the chance of having gathered regrets that tether our souls; and in the end, it is the state of our souls which we need to be concerned about.

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 job, the choices are clear: remain and endure the suffering; quit and walk away; or file for Federal Disability Retirement benefits.  The First may leave a trail of regrets; the Second, a trail to be traveled upon; and it is the third — to file for FERS Disability Retirement benefits — that may allow for a new path for one’s future, where one may leave behind that trail of regrets.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Deus ex Machina

It is a contrivance which finds its origins in Greek plays of a civilization now gone; of the recognition of unsolvable problems created by human hubris; and when all seems lost, the “machina” (machine) which lowers the god (the “deus”) onto the stage then resolves everything by supernatural means.

The contrivance itself would probably not be acceptable in this era of modernity, where the cynicism of “reality” would not allow for a supernatural force to intervene and solve the problems of mankind (although, it might be acceptable if an extraterrestrial were to appear from outer space and solve such problems with a taser gun — which tells us a lot about our culture where we disbelieve in gods but lend credibility to aliens where there is scant evidence of such existing beings).

Yet, in everyday life, we believe and daydream of a deus ex machina: Of fairytales and knights in shining armor; of winning the lottery despite the billion-to-one odds against; or of simple acts, like thinking that one’s Federal Agency or the Postal Service will be “nice”, “kind” or “understanding”.

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, hoping for a deus ex machina to provide a solution is to engage in mere fantasy-daydreams.  The fact is that the problems that are created by a medical condition can be resolved through the reality of the law — by preparing and filing an effective Federal Disability Retirement application through OPM.

Consult with a FERS Attorney who specializes in Federal Disability Retirement Law — for, while such a lawyer may not be a modern-day Deus ex machina, the successful result of obtaining a Federal Disability Retirement annuity may prove to be better than a Greek tragedy ending with an improbable outcome.

Sincerely,

Robert R. McGill, Esquire

 

Injured Federal & Postal Employees: “What should I be doing?”

It is a query that applies to so many aspects of a successful life; of an endeavor or a pursuit; of preparing the steps in order to attain a level of perfection.  Curiosity and the desire to improve are the ingredients of success; the lack of either or both will often leave one behind as others progress.

The runner who wants to shave off a fraction of a second; the “expert” in a given field who desires to comprehend the next level of complexity; the business owner who strives to avoid the fickle nature of a purchasing public in order to expand; they all begin with the question, “What should I be doing?”

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 concerning preparing an effective Federal Employee OPM Disability Retirement application may have already entered into the fray.

The question following when that arrival point comes near is: “What should I be doing?”  The answer: Consult with an Attorney who specializes in Federal Disability Retirement Law.  For, in the end, that very question will lead to building the proper foundation for a successful outcome in preparing, formulating and filing an effective Federal Disability Retirement application, and it is those preparatory steps which will often make all the difference between success or failure.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Why We Persevere

The question itself often never comes up; for the “Why” questions the motive, when in fact there is never really any other option.  Obligations and commitments; the fact that we have to continue making a living; the alternatives considered; in the end, there is no “Why” relevant to the matter because the choices are limited.  To ask the “Why” question is to engage in an Aristotelian query — as to the “foundation” of an issue, or “first principles” that provide the underlying substratum of origins and causes.

“Why we Persevere” is, for some, a nonsensical query, for there is no alternative but to struggle and to maintain the composure of outward normalcy.  There are times, however, when the question is relevant — as when a given X is necessitated by Factor Y such that the choice of X can no longer be continued because of the condition of Y.

For Federal employees and U.S. Postal workers who continue to persevere in one’s Federal or Postal job, but where the medical conditions suffered have made it no longer possible to continue in the same manner or vein of one’s career, Federal Disability Retirement is the option that needs to be considered.

Perseverance is an admirable trait of human endurance, but when a medical condition no longer allows for even perseverance to maintain the status quo, it is time to consider another option such that one’s health can be focused upon, and where perseverance alone may be the factor that stands in the way and the “Why” question begins to take on greater significance where it is beginning to destroy one’s health.

Sincerely,

Robert R.McGill, Esquire

 

OPM Disability Retirement: The Task of Forgetting

Leisure activities are the tasks of forgetting; it is to engage in them precisely in order to become distracted from our work-a-day universe and replenish our “batteries” in order to go back into the fray of battle.  Battle-worn soldiers need the time away from the constant stresses of perilous missions in order to regain a sense of balance and perspective; and the lioness with her cubs sees the value of play in preparing them for the more serious ordeal of hunting for survival.

The task of forgetting is how we entertain ourselves — of reading a novel by forgetting about the reality of our lives; of watching a television show or movie and forgetting about the troubles central to our lives; of playing a video game or participating in crowd gatherings in order to watch a sport being played, or even in the direct engagement of a sport; these, and many others, require the task of forgetting in order to become a participant.

A medical condition, however, denies the task of forgetting.  That is why medical conditions are so inherently exhausting; they remain as a constant reminder of our mortality and frailty, and deny the access to needed rest and restorative peace.  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, filing for Federal Disability Retirement should be an option to be considered, if only to attain the capacity to again engage in the task of forgetting.

The chronic nature of a medical condition is what often fatigues; and as the inability to perform all of the essential elements of one’s job begins to fester and overwhelm, it may be time to consult with an attorney who is experienced in Federal Disability Retirement Law in an effort to reacquire the capacity to engage in the task of forgetting.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Constellation of our lives

Of what do we owe to the constellation above; and of their placement, do we wonder whether our lives are impacted therefrom?  The order of the universe — of the date and time when we were born; of a day’s happenstance, of luck or coincidence; do we wonder, or is Darwin the god to whom we bow out conscious lives, forever pursued by the genetic code within but never by the stars beyond?

Shakespeare, of course, made multiple references to the constellation of our lives, as in Hamlet, Act II, Scene 2:

Doubt thou the stars are fire;
Doubt that the sun doth move;
Doubt truth to be a liar;
But never doubt I love.

There are surer things in life; and yet, under which stars we were born, the order of the universe, the rhythm of a cold and impervious reality “out there” — is there a purpose, and does the question ever get answered, or only remain as a query without a response from one generation to the next?

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, it may well be that the constellation of our lives have been re-ordered or misplaced, and that the gods have made sport of the misery that overwhelms.

When such occurrences beset, the trick is to intervene and re-order the re-ordering of the stars, and one way to do that is to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, in order to take control of the constellation of our lives, and to not let some fiction of a predetermined “fate” rule over us merely for the amusement of the gods of the underworld.

Sincerely,

Robert R. McGill, Esquire