Tag Archives: opm legal assistance disability retirement claims

FERS Disability Retirement: Ordinariness

That is what most of us are; but at the very beginning, should it be acknowledged, or is it better to puff up the ego when young, and allow for one to engage in the self-delusion of “otherwise”?

There is some comfort to it; yet, we all like to stand out from the rest of the crowd, and certainly, when trying to win the heart of a life-partner (yes, the term used in modernity, as opposed to the antiquated ones such as “spouse”, “husband”, “wife”, etc.), we strive to not be tagged with such a mundane label.  To be “ordinary” is to not be extraordinary.  But therein lies the comfort — of the warmth of being amongst others; as the sheep surrounded by the flock and not the loner out in the pasture, the sure target of wolves and other predatory eyes.

Moreover, when life takes a negative turn, no one wants anything but the yearning for ordinariness.  It is when we equate ordinariness with mediocrity that the sin of self-flagellation sets in.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that filing for Federal Disability Retirement benefits under FERS becomes a necessity, “ordinariness” is something you yearn for — to live the ordinary life without a medical condition; to continue your career in the Federal government; these, and much more, constitute the extraordinary life of the ordinary.

It is all a matter of perspective.  And so there it is: For most of us, being ordinary merely means that we accept our station in life; for in the end, it is the ordinary which runs the engine of society, and even though the Lamborghini may zoom past us, we all get to the same destination no matter in which car — the ordinary or the extraordinary.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and begin the process of embracing ordinariness, which is the location to where we all want to return.

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 Disability Retirement: A Reason for Everything

Why must we attach one to each event, every occurrence, all episodes?  Is there one for everything?  Must there be a “reason” for every event in life?

We require explanations — whether of a transcendent nature, a motive or a foundation explaining a causal connection; but is the necessity inherent in the event, or does it reveal more about ourselves as a species which demands a rational explanation?  Does it matter, ultimately, whether the rising of the sun is explained by referring to the awakening of the gods or that the revolution of the earth rotating around the sun explains the phenomena, and that the sun doesn’t actually rise, but because of the spinning cycle of the earth, dawn comes upon us?

Of course, in daily living, whichever explanation we accept — whether of the gods yawning and awakening or the more “scientific” explanation about planets and their rotational movements — matters not except perhaps to raise eyebrows during the course of a conversation with your boss, but it does, of course, make a tremendous difference if you work at NASA and are planning the next space mission.

We seek a reason for everything; that is the nature of human beings, and for Federal employees and 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 reason given to the question, “Why me?” may not be a simple one.

Filing for Federal Disability Retirement benefits under FERS may not answer the age-old questions concerning causality, but it will at least allow you to focus upon your health and the priorities in life.  Consult with an attorney who specializes in Federal Disability Retirement; at the very least, some of the questions and reasons concerning the complex conundrum concerning disability retirement may be answered.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Filing for Federal Disability Retirement: Damaged goods

Perhaps it is of a fine porcelain statue; or a painting that depicts perfection in a pastoral panorama presenting a private purview of picturesque purity (sorry for the alliteration that cannot be resisted); or a first edition book that is without blemish; or a host of other “goods” that one values, admires, cherishes — and is purchased with anticipation of contentment.

Upon returning home, one notices an imperfection not previously spotted: a small “crack” on the forearm of the porcelain figure; a tear in the upper right portion of the canvas, just below the line where the frame casts a shadow and becomes almost imperceptible; or a crayon marking on page 324, in the middle of the book, unnoticed unless one inspects each and every page.

The item cannot be returned, because of either distance (perhaps it was purchased on international travel in a small shop in a foreign country not known for return policies); policy (the sign clearly stated, “All sales are final and the purchaser bears all responsibility in inspecting the condition of the item prior to buying”) or some other impracticable reason.

The imperfection is so minor that no one else knows, would notice or otherwise cares to comment on such an impurity of the state of the condition, except for one small and irritating fact: You know.  It bothers you.  The fact of the damaged goods betrays something about yourself — not merely that a contrast against a paradigm of perfection has stirred an irrationality that struggles against good judgment, but moreover, that there exists an intolerance for a standard of less than the penultimate apex of an unreachable standard.

What does one do?  You can: Hide and stash away the item (but it yet remains with the knowledge that, hidden or not, the aura of imperfection exists); you can give it as a gift, or sell it to a third party (but what if the potential purchaser recognizes the imperfection and bargains for a better price, leaving you with a loss — will that constantly remind you of your lack of judgment when once you thought that your expertise in such matters was the paradigm of perfection itself?); justify to yourself over and over that, “Yes, it isn’t perfect, but boy is it a great piece regardless!” (perhaps, over time, this approach may work); or, do the most drastic of solutions: destroy the item and trash it.

Medical conditions have a way of impacting individuals in a similar manner as the discovery of imperfection in what one once thought was a paradigm of perfection: somehow, it is even worse, because of the personal manner that medical conditions impact: it touches upon one’s self, one’s self-image and the crumbling sense of self-confidence one possessed when health was taken for granted.

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, always try and keep in mind that the diminution of the “product” concerned (i.e., yourself, the Federal or Postal employee) is not discovered by the mere fact of filing for Federal Disability Retirement — rather, the fault is in the system of the Federal Government for not being able to be patient as you struggle to recover from you illness or injury.

Filing for Federal Disability Retirement under FERS, CSRS or CSRS Offset is not a reflection on the “value” of you; it is, instead, the reality of a system that fails to recognize the difference between the relative value of “goods” as opposed to the priceless perfection of a human being and his or her contribution to society.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Claims: Determined Lives

Can it be viewed in at least two different ways and meanings?  Of a life that involves determination — i.e., in the sense of forcefulness, enduring faith and strength of character?  Or, in another sense, of being already fated, without choices or options to consider?

Thus are determined lives characterized, and bifurcated into two camps of perspectives, although the one is not exclusive of the other by necessity.

Most people experience both sets of experiences, often intersecting with one another depending upon the circumstances faced.  In some set of circumstances, one may have complete control over the direction and purposive intent of one’s life, activities involved and goals to be met — and by sheer determination, one may in fact accomplish and meet those desired ends.

Then, there are times and contexts when one’s life seems to be determined — where the control of one’s future is not within the purview of one’s own desire or effort, but by some distant force of persuasion cannot be easily influenced by one’s own will and determination.  A medical condition is one such instance.  One has no control over the fact of a medical condition, only of its effects and consequences, and even that, much of it is left in the hands of a doctor or specialist.

Loss of control — of living a determined life (second meaning) as opposed to a determined life (first meaning) — is a feeling that no one desires, and for Federal and Postal employees who sense that the loss of control is expanding into other areas of one’s life — as in one’s employment, ability to maintain a working schedule, and the loss of capacity to perform all of the essential elements of one’s Federal or Postal job: it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The distinction may be a subtle one — of living a determined life (second sense) or a determined life (first sense) — but the distinction may make all the difference in the world, depending upon what your next steps are.  Consult with an attorney who specializes in helping Federal employees obtain Federal Disability Retirement benefits in order to avoid the determined life (second sense), and attain a determined life (first sense).

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Representation: The habit that prevents

Kant was known to have followed a daily habitual routine that was marked with such precision that townspeople would set their watches and clocks by his various points of presence — i.e., if he was by the butcher’s shop, it was 3:15:17; if at the corner of Kroenigsburg Street, 3:16:09; and when he turned the corner of 7th and Main, it was 3:20:12.

One wonders if, had he paused at a random street corner to sneeze, would time have stopped, the universe become paralyzed, and the gods of the underworld been defeated in paroxysms of trembling fright?  Or, had he broken the daily routine of predictable sequences of the uninterrupted sojourn, marked by the two-steps-tap-tap with the cane of his choice, over and over again — step, step, tap, tap; step, step, tap, tap — would anyone have noticed?

Certainly, the townspeople would; and perhaps his rigid philosophical outlook, his moral foundation of principles that forever retained the universality of truth — maybe rigidity may have faltered and we would all be the poorer for it.

Could his mind have expanded into other arenas of philosophical discourse had he traveled beyond and broken the habit that prevents?  Does one’s actions of daily monotony determine the “type” of mind, thoughts, conscious processes, cognitive approaches, etc., such that there are habits that limit, prevent, pause or otherwise freeze?

Habit is a peculiar trait for human beings; it offers both solace and a sense of security in the very regularity of its path, somewhat like the repetition of a musical stanza that is both anticipated and relished despite its very predictability.  It becomes a harmful dependency, however, when the habit that prevents begins to forestall, stunt and actively become an obstacle that restrains necessary growth.

For the Federal employee and U.S. Postal worker who suffers 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 may well be that the habit that once allowed for success — of being punctual; of overextending one’s capacity in order to accomplish the impossible; of having such a dedication to “the mission” that one’s own health was always secondary — while honorable and laudatory while it lasted, may be the habit that now prevents.

Prevents what?  Of seeking greater health, of changing course in order to set a different goal; of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sometimes, the habit that was once a positive trait becomes one that prevents, depending upon changing circumstances and altering contexts, and for the Federal or Postal employee needing to break the habit of always working for the “mission of the agency” or to complete all tasks for the Postal Service, preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with OPM, may be the best next habit that results in more than the monotony of a daily walk, but a step which breaks the routine of all prior steps in order to reach an important goal — one’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Cycles of reality & unreality

The linear model of life is the preferred perspective for the Western world; the cyclical, for the traditional Eastern sector, as well as the indigenous cultures of the Americas; whether such an outlook alters the way in which we live is debatable.  In either or for both, however, it is the passing through of various realities and “unrealities” that is often overlooked, and not whether or not there is a straight and linear road as opposed to a cycle of returns and reenactments.

Reality is the being we encounter; unreality, the life within our minds and souls, depicted by thoughts, emotions, daydreams and nightmares.  How the two interact, whether in cyclical form or in a linear continuum, often defines how well we are able to adjust in maneuvering through the difficult passages of life.

We encounter “others” in the reality of our being; but as to the “other” person’s thoughts, feelings, history of life and other subjective issues, we know nothing about them except what we are told.  We could work beside another individual in an office setting and never truly know the “unreality” of his or her life, and when we retire, the office throws a party, and we depart and suddenly realize that the cycle of reality was a limited one, and the subjective unreality of another person’s life never really touched us.

Or, one is married to another for a decade, two decades, perhaps even three, and a cycle of reality is embraced where life becomes a routine, taking each other for granted through habit of form, monotony of repetition and predictability of actions.  Yet, after some decades, the significant other does something completely “out of character” – suddenly dyes his or her hair purple, goes bungee jumping or unannounced gets his or her nose pierced without telling anyone.  When asked, the reply is: “Oh, I got bored and decided to do something different.”

That is when the cycle of unreality suddenly surfaces into the boundaries of reality, and we suddenly realize, again and again, and are reminded fortuitously, that there is a subjective unreality that we can never quite pierce or fully comprehend, just as others cannot of our own.

That is what often happens with a medical condition.  For Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question often asked is:  “When do I tell my agency”?  Isn’t that a peculiar question – as if no one at the agency knew or knows about your ongoing medical condition, and that filing a Federal Disability Retirement application through OPM is going to be a complete surprise to everyone?

But that is, indeed, the reality of the unreal, where those around you are completely oblivious of the pain, the turmoil and the complications of those medical conditions you have had to deal with for so many years.  It is, in one sense, rather sad; but it represents the cycles of reality & unreality in an uncaring universe which prompts such an empty feeling when the question asked doesn’t quite have an answer to be given.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement from Federal Service: The helpful other perspective

Before going “whole-hog” with anything in life, the greater wisdom often confirms that we should try and obtain a differing perspective on the matter, if only to affirm the correctness of our own, or to consider the fissures and weaknesses we are blind to.  Wise people seek wisdom; fools travel down roads not merely untested, but even unprepared.  Such a tautology is a mere self-evident fact of life, but we nevertheless follow blindly where the blind leads.

If an individual discounts the criticisms of everyone else, then the wisdom one holds is merely the price of one’s own mistakes, and so long as others are not required to pay for them, the pathway to disaster can be easily paved without involving the toil and anguish of others.

One may query:  assuming it is wise to seek the input of another, how does one nevertheless know that such a differing viewpoint is “helpful” at all?  What if that other perspective is even worse of a disaster than my own?  Such a question, of course, is likely asked in a vacuum; for, there are varying indicators that one may discern in seeking advice from others –  reputation; demeanor; knowledge previously revealed; capacity to listen; established specialty in a particular field, etc.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset –  the need to seek the helpful “other” perspective is often a necessary prerequisite.

Why?

Because, when a medical condition is impacting one’s health – whether singularly physical, or mental or a combination of both – the debilitated state that one experiences often provides a skewered perspective, and that is why garnering and employing the advice of an attorney who is experienced in Federal Disability Retirement Law is often a necessary component of the process.

Yes, there may well be those rare “slam-dunk” cases, whether gathering and submitting the medical records alone will obtain an approval from the U.S. Office of Personnel Management.  But, then, everyone who files a Federal Disability Retirement application believes his or her submission to be just that –  undeniable, unequivocally established, and unassailably confirmed.

Why is that?

Because the person who experiences the medical condition is the same person who is preparing the Federal Disability Retirement application – and he or she who feels the pain, presupposes that everyone else must also be able to comprehend such a state of decline.  Unfortunately, this is not the case – at least, not from the perspective of the U.S. Office of Personnel Management, which is also another one of those “other” perspectives that must be contended with.

Sincerely,

Robert R. McGill, Esquire

 

Medical Disability for Federal Employees: Waiting upon life

Being “pro-active” is a feature of modernity born of necessity when survival and the basic needs for human existence are essentially met; in days of evolutionary antiquity, when Darwinism ruled the moment and the growling pangs of hunger rumbled through the darkened streets of industrial ghettos and slimy slums of toxic waste dumps where hutches made of cardboard and corrugated tin put together effortlessly in a collage of unregulated stream of consciousness as a counterrevolutionary statement of defiance against pristine lawns and ordered houses designed by the evil eye of a home owner’s association — in those days of yore, being anything “less than” meant that you perished.

You see it in the eyes — Plato’s window to the soul — of shell-shocked dullness in a watchful glare of passivity, wide and seemingly alert, but failing to see beyond the fears and thoughts of angst like a permanent screen door shut and forever blocking.

If we bifurcate the world into doers and thinkers, it is the former who scoff and shrug their shoulders at the contributions of the latter, when it is thought which must precede action, where action performing too presumptively may leave a residue of meaningless accomplishments.  There is a middle ground, of course, where thinkers and doers coordinate and cooperate, in conjoined effort to plan, coalesce and complete a mapped task of purposive teleology; but that is a rare effort, indeed.  Most people wait upon life; it is not a criticism, but a reality which is reflective of a truism undaunted in this age of virtual reality.

The powerless grumble that there is a conspiracy of malevolent forces which hold the ordinary man down; the powerful, on the other hand, sip their wine and look condescendingly down upon the common populous, noting how they smell, think not, and must be watched lest the last true societal upheaval — not the American Revolution, but the French one where beheadings were rampant and horror became a mainstay for the ruling class — revisit the echoes of modernity.

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 positional duties, the cost of waiting upon life can be costlier than the cost of doing; for, to wait upon the Federal agency or the U.S. Postal Service to “do the right thing” by you, is to wait upon the moon to drop from the sky in order to feed us cheese; bureaucracies, Federal agencies and the U.S. Postal Service are not entities of empathetic concerns; they are what they are, and must be dealt with in the manner purposive to their existence.

Thus, if a Federal employee or a U.S. Postal worker can no longer perform one or more of the essential elements of the positioned duties, then the next logical step would be to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether that Federal or Postal employee is under FERS, CSRS or CSRS Offset.

To merely wait upon life is to petition for starvation, deprivation and declination of a rightful existence; to await a Federal agency or the U.S. Postal Service to accommodate a Federal or Postal employee’s medical condition is to hope that democratic elections will be held by North Korea’s vaunted leader — but then, there may still be some hope, if you are either an accomplished barber or Dennis Rodman (if you are unsure of the references made as to either, look up (A) Kim Jong-un’s hairstyle, and (B) the strange travels of that former basketball star).

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal & Postal Employees: Fear Untethered

It is of evolutionary advantage for a healthy dose to allow; what amount, whether it can be quantified, and to what extent instinct should be restrained before intersecting rage and reactive violence meet, is a question, a puzzle and a conundrum.  An animal in fear is both broken and dangerous, and the corollary of the two sides of a singular coin reveals the thin line between innate survival instincts which we attempt to linguistically describe, but are at a disadvantage precisely because words are ultimately inadequate in reflecting reality.

Tethering our fears is a lifelong process for everyone; the balance between healthy bridling and repressive dangers where outlets are disallowed but when expression of ignored or unattended trauma may erupt in later discourses of life and leniency of self, validates the delicacy of our sensitive natures.  To be overbearing or detachedly impervious; to allow for expression beyond therapeutic value, or to blithely shut down all channels of thought and numbing emotions of eruptive tremblings of sobbing heaves; the tightrope of life leaves little room for error on either side of the equation.

We often speak in terms of “how much” and “what amount”, as if human frailty can be mixed in a crockpot of ingredients thrown by whim of recipe; a dash of solvent emotion here, a teaspoon of corrective stoicism over here.  The reality of the situation is that fear rules most of us; we just never allow the untethering of it to be revealed too soon, for greater fear of being found out, like the emperor whose clothes we knew to not exist, but were too cowardly to admit, until the boldness of a child took the lead in shattering the facade of our own making.

For Federal employees and U.S. Postal workers, the emotion of fear is a known quantity.  Little fiefdoms and feudal fares of power plays occur as daily soap operas unraveling despite the bureaucracy of rules, regulations and administrative forces of containment.

Then, when the Federal or Postal employee begins to suffer from a medical condition, such that the medical condition begins to threaten and impact the Federal or Postal employee’s ability or capacity to perform all of the essential elements of the Federal or Postal positional duties, the fears which were once effectively tethered begin to uncoil, as future uncertainty and suspicion of motives in the unexplained actions of others and the agency whispers begin to foment those recesses of evolutionary cries for survival and rage.

Medical conditions tend to do that:  they feed upon themselves, and exponentially magnify and exacerbate those very fears we were previously able to restrain, contain and maintain.  It is important in the time of fear and untethering of emotions, to seek wise counsel and obtain some direction in preparing, formulating and filing for an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

For, in the end, fear untethered is like the pinnacle of the forgotten nightmare, when the abyss of sweat and trembling reaches a climax of unknown proportions, and when screams are no longer heard, pleas no longer considered, and the grace of angels flying beyond into the netherworld of residues where the golden dust of forgiveness is sprinkled afar.

Sincerely,

Robert R. McGill, Esquire