Tag Archives: OPM disability

FERS Medical Retirement: Dichotomy Between Words and Reality

Words are funny things; you can think with them without believing them; they can appear and suddenly be forgotten; and though the order and sequence of them have likely been exhausted by now, after centuries of linguistic evolution in the making, somehow, poets and novelists continue to rearrange them in ways which still tell new and interesting stories.

And, for the most part, you can believe in them across a spectrum of passionate longings — from “not really” believing in the words you think to “really believing” in those compelling systems which trigger your passions.  But so long as you don’t “act” upon the words which float in your brain, it really doesn’t matter all that much.

Do you remember the story about the California Guru who had a cult following about being able to live without eating actual food, but by just breathing in the nutrients which are prevalent in the air?  He was later caught and seen at a 7/Eleven buying one of their chili-dog specials.  When asked about it, he fled the scene, leaving a trail of delightful scents pervading the nutritional cloud of hot chili and pork.

What was the “after-story”?  No one knows; but, likely, anyone who can persuade others of such nonsense will have been able to give a convoluted explanation without losing any adherents, like: “The air particles around me did not provide enough nutrition at the time and so the power of the One prompted me to enter the human form and test the food of humans” — etc.

But how can anyone follow such a belief-system — words — when the hunger pains must by necessity reveal the falsehood of such words?  That is when the dichotomy between words and reality persuade us that the words we apply must ultimately be tested against the reality of the world.

For Federal employees and U.S. Postal workers who suffer from a medical condition which prompts the necessity for filing an effective Federal Disability Retirement application under the FERS retirement system, through the U.S. Office of Personnel Management, the dichotomy between words and reality is what must be closed in order to persuade the U.S. Office of Personnel Management of the clear and unequivocal validity of your case.

The medical condition must be proven as real; the law must be applicable; and any accommodation issues must be resolved.  In other words, the dichotomy between words and reality must be matched.

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: Between the Particular and the Universal

There is always a distance between the particular and the universal.  In syllogistic logic, a universal can never be derived from a major and minor premise proposing particulars.

You cannot argue that because Harry down the street wears blue pants, and Joseph next door wears green pants, that therefore the whole world wears either green or blue pants.  You can, however, argue that Since all men are mortal, and Socrates is a man, that therefore Socrates is mortal — deriving a universal from a Major Premise which is universal, a minor premise which is particular, and ending with a conclusion which is universal.

Effective conversations often go that route — between “kitchen-table talk” and more generalized conversations which avoid the particulars, lest such personalized conversations lead to acrimonious, seemingly-confrontational and unpleasant exchanges.  Talks with your kids have to thread the fine line between accusatory admonitions and seemingly harmless, more generalized analogies.  That’s why the Bible cautions one not to provoke one’s children; for, overly particularized conversations become too uncomfortably provocative.

There is thus the twilight between the particular and the universal, and for Federal employees and U.S. Postal Service workers who want to prepare an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, a fine line and a delicate balance must be implicated between the chasm separating the particular and the universal.

What is identified as the Twilight between the two must be cautiously maneuvered through.  Too much information in the particular can defeat a Federal Medical Retirement case.  Overly emphasizing the universal — the statutes and the laws governing every Federal Disability Retirement case — without the backdrop of the particulars of one’s medical conditions, can likewise defeat a Federal or Postal Service Disability Retirement claim.  That delicate balance must be achieved — of the Twilight Between the Particular and the Universal.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and thread the delicate line within the Twilight between the Particular and the Universal.

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: Larger Than Life

Every culture paints the picture of the mythological character, woven into the fabric of stories told, of narratives given, of heroes and heroines looming larger than life.

Of Caesar, Jefferson (somewhat cut down to size in recent years); of David versus Goliath; Patton and his 7th mechanized Army, beating out Montgomery and the 8th Army in the race to Messina; of a recent leader (who will be left unnamed) who was once a reality-T.V. star and now mythologized for his excesses; and although you may disagree with everything the “larger-than-life” figure may represent, you cannot avoid the fact that every culture, all countries, all around the globe and throughout history, have created, fostered, maintained and eulogized anointed figures at the altar of idol worshippers.

Perhaps it is a necessary prelude, or at least an ingredient, for any civilization; that, by creating such characters and caricatures, we can better deal with the regular humdrum lives which most of us experience.  We say to ourselves, “Well, if David could have slain Goliath, then surely I can solve my own insignificant problems!”  Or, has it had a reverse, negative effect?  Of saying, “Yes, but I am not a Marvel-comic book hero; I can’t flight or zap my enemies with a thunderbolt; for goodness sakes, I can’t even pay my rent”?

And then, when a medical condition suddenly appears on the horizon — and in the end, all medical conditions are “larger than life”, precisely because many of them can defeat one’s life — it can result in devastating consequences.

For Federal employees and Postal workers who suffer from such a medical condition where it appears that the medical condition will necessitate the end of your Federal or Postal career, you may need to contact a FERS Disability Retirement Attorney who specializes in Federal Employee Disability Retirement Law, where the “larger than life” bureaucracy of the U.S. Office of Personnel Management may need the specialization of a FERS Lawyer who can contend with the Leviathan of a Federal Goliath, with a few smooth legal stones to cast at its heartbeat.

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: The Dream Fading

The two primary meanings of such a concept: Of awakening, and there is a mist of sleepiness and a vague memory of dreams dreamt; but if one fails to pause for a moment to capture the dream, to think about it, cuddle with it, hug and embrace it; and instead, we often say to ourselves, “Oh, let me remember it later” and go on with our morning chores, only to never regain the dream fading.

It is like the elusive elf or fairy; unless we take the time to seek them within the deeper forest, they disappear, never to return.

Then, of the second meaning: Of our hopes and dreams; of a world slowly descending into madness, and with it, the dream fading.

Sometimes, some things are best ill-defined; for, to define something is to forever capture it and contain it, restrict it.  That is why many “primitive” cultures refused to have their photographs taken; for, to have a picture taken is to have your image captured and imprisoned; and worse yet, to then have the photograph later “framed” is to have the imprisonment further boxed into a restraining enclosure of permanency inescapably determined, as fate without hope of options.

And so, when we talk about a person’s or a society’s “dreams”, it is best to leave it undefined so as to give it room for the imagination.

Do all peoples, civilizations, societies and communities have “dreams”?  Do all parents everywhere and all across the spectrum have “dreams” for their children?

In both and either conceptual constructs, the key is to embrace it upon awakening — before it fades, before it becomes imprisoned into the nether world of forgetfulness.  The Dream fading — before it does, grasp it, embrace it, hold it tight.

For Federal employees and U.S. Postal Service workers all across the world who once had dreams of an extended and successful career with the Federal Government, it may seem like a dream fading when your medical conditions impact you and prevent you from continuing in your career.  Yet, always remember that there will be another night of dreams and other opportunities for dreaming.

FERS Disability Retirement is not an end in and of itself, but rather, a “beginning” of sorts — of allowing you to regroup and to dream beyond your present career.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and let not last night’s dream be the one you forgot, or tonight’s dream you failed to remember; rather, let tomorrow’s dream be the one which establishes a greater future for another day.

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: The Great Lesson

Once upon a time, people went through experiences without the need to put them to some greater advantage.

Stories abound of WWI and WWII veterans who earned medals for bravery — even the Medal of Honor — and never mentioned it to anyone, until some grandchild wandering up into Grandpa’s attic found a shiny ornament in some dusty old chest, brought it down and asked the old man, “What is this?”  Or, of the Olympic Gold Medalist who similarly went to work, got married and lived a “normal”, unassuming life without make a big todo about his or her accomplishment of being the top athlete in a chosen field.

Nowadays, everyone who experiences anything has to turn it into The Great Lesson.  It becomes an awakening; a springboard to some Eureka moment that propels the person into a higher purpose, a metaphysical transcendence to attaining a greater consciousness, and then to become a corporate motivational speaker who has some profound insight into life, its misgivings and that “Great Lesson” that was allegedly learned from some traumatic experience or other.

The reality is that, the greater lesson beyond any “great lesson” is that the experience itself — whatever it is — is not the hard part; the hard part is to go beyond that experience, and to continue to live a quiet, productive life without trying to sell to everyone how “The Great Lesson” lead you to profound, metaphysical insights which corporate motivational speakers can charge an arm and a leg to hear about.

For Federal employees and U.S. Postal workers who suffer from a disabling 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 Great Lesson of a medical condition is quite simple, and will not get you to some metaphysical consciousness beyond the simplicity of the lesson itself:  Get a Federal Disability Retirement annuity, and begin to focus upon the priority of your health.

There — that’s all there is to it.  Of course, maybe you can package it into some extended motivational speech and make up to 80% of what your former Federal job pays today, so that you can WOW them with some transcendental meditational speech and charge them that arm and a leg, but only after you have regained 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 Attorney Legal Assistance: The Intended Goal

Every now and again, we see a video clip of the goal NOT intended — of a running back turned around and making for the wrong end zone; of a basketball player stick his or her leg out to block a pass, only to have the deflection make an arc and swish into the wrong basket; and other similar deviations from the intended goal.

Later in life, people forget to evaluate and analyze first what the intended goal is, before hazarding a lengthy trek towards the conclusion — i.e., years later, do we look at it and say to ourselves, “I should have…”.

OWCP under the Federal Department of Labor is one such animal where the intended goal is often overlooked.  OWCP is not a retirement system; instead, it is a benefit meant to return the Federal or Postal worker back to work.  FERS OPM Medical Retirement, on the other hand, is a system where one’s medical condition will allow the Federal or Postal worker to become eligible for early Federal or Postal Disability Retirement.

You can actually obtain an approval for FERS Disability Retirement while receiving OWCP benefits; you just can’t receive TTD and a FERS annuity concurrently, but you can have the FERS Disability Retirement approved but inactive.

The process for both is rather complicated, but if the intended goal is to retire early because you will never be able to go back to your former Federal or Postal job, you may want to consider filing for Federal Disability Retirement benefits under FERS.

Yes, yes, OWCP pays more — for the present — but FERS Disability Retirement continues to build your retirement system by counting the years you remain on Federal Disability Retirement until age 62.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement, and begin to process of evaluating and analyzing the intended 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 Disability Retirement Representation: Guidance by Expertise

You can tell when it is “not” the case; the mishmash, the inconsistencies; the errors of content and significance; and it is precisely when guidance is lacking which the glaring inadequacies show, and can be taken advantage of by the other side.

When a play is performed on stage and the focus is upon the story itself — where criticism is targeted more on whether this actor or actress was better in her role here than in another play, or whether a certain scene accurately portrayed the story, etc. — and not upon the poor lighting, or the sound quality, then it becomes clear that the production itself was through the guidance of expertise.

When things go as they are supposed to, embracing the old adage of “smooth sailing”, it is likely that there was guidance by expertise.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS, guidance by expertise means that there is a coordination of the facts, the evidence and the law.

It doesn’t mean that every case will be approved; however, the chances of an approval will be greatly enhanced precisely because guidance by expertise is performed by a master of the production.

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 Disability Retirement Benefits: The Future Unknown

It is a question replete with unknowns; for, of the future, we can only surmise, predict, look at past trends and then make the best decision possible in preparing for it.  Perhaps you have a family history of dementia or Alzheimer’s; of longevity with a full set of teeth and your hair held intact; or of bad health, failing eyesight and other traceable deterioration.

Are they certainties, or mere indicators of what may become?  We can drive ourselves crazy by thinking the worst, or fool ourselves into relative calm by painting that “rosy picture” where all crossroads are taken in favor of the positive viewpoint.  Likely, there will be some breaks in your favor, and some not.

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 career — NOW — the future unknown likely already encompasses part of the “known”.

Known is the current situation which involves an inability to perform some of the essential elements of your job.  Known is the fact that your medical condition will likely not get any better.  Known is the likelihood that your medical condition will worsen.  Unknown is often whether you have a doctor who will fully support your Federal or Postal Disability Retirement application.  Unknown is — at least to some extent — how your Agency or the Postal Service will respond.

The future unknown may have some unknowns, but based upon past knowns, it is time to file for Federal Disability Retirement benefits under FERS.

Contact an OPM Disability Lawyer who specializes in in the legal field you will need to deal with in this case, Federal Disability Retirement, also known as FERS Disability Retirement, and begin to piece together the knowns so that the unknowns become less forbidding.

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.

 

Help with Disability Retirement from Federal Agency or USPS: Cancel Culture

In modernity, it refers to the cultural attempt to silence a particular historical perspective, or to expunge certain elements deemed offensive or otherwise inflammatory.

The criticism, of course, is that a unilateral cancellation or ostracism fails to provide a platform for discussion, as discussion leads to the potentiality for reform, retraction, rehabilitation, and even apology.  Because the act of cancellation resides outside of the legal boundaries and criteria for appellate review, it can be done in a monolithic, unilateral manner, leading some to argue against the dangers of mistake, abuse, and mis-application.

Fortunately, in a Federal Disability Retirement case, the procedures of a cancel culture cannot be applied without redress and appeal.  If the U.S. Office of Personnel Management were to have the unilateral powers possessed by the modern entities involved in cancel culture, Federal annuitants and disability retirees would be in trouble.

Of course, OPM does systematically try and cancel one’s Federal Disability Retirement benefits by sending out Form RI 30-1, then requiring greater and increasingly onerous demands for more and more documentation in order to satisfy their criteria for what constitutes “continuing disability”.

OPM’s cancel culture is perhaps the more serious one because it goes to the heart of a Federal or Postal annuitant’s source of income.  Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and respond to the unfair cancel culture of OPM.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: Toughing it Out

That is what most of us do, because that is what we are expected to do.  It is a concept which is gender-neutral, in these days of modernity.  Yes, there was a time past, where the female species was given somewhat of a “pass” if she showed weakness or lack of endurance; that, somehow, and for whatever reason, our ancestors referred to women as the “weaker” gender.

No longer.  Women are just as capable (was there ever any doubt of that?); women are just as strong; women are just as X.  And so, the result is that women are also expected to “tough it out”.  Whatever the context of such an expectation, the problem with always trying to tough it out is that it can be a self-defeating proposition.  It is not always in one’s best interest to tough it out.

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, toughing it out may actually be harming your case.  Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and consider whether or not you might want to consider an exception to the societal expectation of always “toughing it out”.

Sincerely,

Robert R. McGill
Federal Disability Lawyer