OPM Disability Retirement under FERS: The Trials of Life

This is a difficult period in everyone’s life.  We can try and put a brave front, attempt to have a “positive outlook”, and walk around with a frozen smile on our faces, but the plain fact is that life is tough.

These days, the trials which we face often appear to be insurmountable.  Inflation eats away at the stagnant pay; the bureaucratic state seems to pass legislation after legislation which does nothing for the middle class; the amount of waste and fraud in the federal expenditures leaves one wondering — why do we pay so much in taxes when everything seems to be given away in mindless and useless political paybacks?

Did we really have to give those billions for corporations to start building computer chip factories?  How many billions were stolen for pandemic-relief monies?  At last count, was it (conservatively estimating) some 40 – 60 Billion?  What percentage of kids are now on some form of anti-depressants?  How many kids are now unable to read, write, or to pass basic educational tests?  How many suicides are there, now, every day, every month, every year?

And meanwhile, we see the value of our paychecks diminishing because of the inflationary cauldron we fail to understand.

The trials of life, indeed, are heavy in modernity, but one aspect which still provides a ray of hope for people concerns Federal Disability Retirement Law under the FERS disability system.  At least, there, the Federal Government has continued to recognize the value of providing for Federal Disability Retirement benefits for those who cannot continue to work in the career of your choice.

Contact a FERS Medical Attorney who specializes in Federal Disability Retirement Law, and recognize that — even in the midst of the trials of life — there is still a benefit which can help a FERS employee who can no longer perform one or more of the essential elements of your Federal job.

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 Employee Disability Retirement: The Words We Choose

Is there a psychological study of those who choose certain words as opposed to others?  Does the choice of words reveal who we are?  Antiquated words — like “husband and wife” — as opposed to the modern usage of “partners” or “significant other”; do they merely unravel a generational divide, and has the replacement verbiage been thoroughly vetted, thought out, considered, reflected upon?

“Partners” certainly implies an equality of station, as does “significant other” (where “neutrality” of gender identification appears to be the primary purpose) — but in the end, someone has to empty the dishwasher, take out the garbage, pick up the dog poop, cut the grass, change the diapers, work to make enough money to earn and make a living, etc.; and when all is said and done, the division of labor seems to naturally work itself out such that the words we choose matter less as one grows older.

The words we choose often reveal more of the innocence of our inexperience, more than some politically meaningful apparatus of choice.  In fact, what we think we choose is often done without thought, is forced upon us, or we are hoodwinked into thinking that certain words — by merely stating them — somehow empowers us, when in fact they merely conceal our insecurities.

“Husband” is the guy who takes out the garbage and opens the door for his wife to enter; “Wife” is the woman who softens the coarseness of a still-insecure guy who fell head-over-heels to marry his wife.  “Disabled”, too, is a relative term, but in a Federal Disability Retirement case, it has a special significance which requires thoughtfulness in the words we choose when preparing, formulating and filing for Federal Disability Retirement benefits under FERS.

The word-usage and choosing of words is relevant and significant; for, as the legal standard to meet for eligibility purposes in a Federal Disability Retirement application is different from other venues, the words we choose are important in preparing, formulating and filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law and take care in the words which are chosen.

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: Grasping at Straws

The etymology of the phrase comes either from Thomas More’s work, Dialogue of Comfort Against Tribulation (1534), or from a later work by Samuel Richardson — a novel entitled, Clarissa (1748).

The idiom itself is perhaps misinterpreted, as we think of “straws” as that plastic contraption (or, more recently, that environmentally-friendly one made of paper which begins to disintegrate the moment you take your first sip) created as a thin tube for soft drinks and the like.

“Straws”, in older times, however, refers to thin reeds which grow by the side of a river, and a man who is drowning may futilely grasps at such thin reeds in an attempt to save himself.  In today’s world, the idiom may imply an act or decision-making process, usually in a state of desperation, without sufficient knowledge or data, leading one to “grasp at straws” — entities which will not help you out of your state of desperation.

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 job, there is often a sense of “grasping at straws” as you flail about trying to retain the shambles of your career.

Conversely, the idiom may also apply at some of the illogical reasonings given by the U.S. Office of Personnel Management in denying a Federal Disability Retirement case — of “grasping at straws” to find a basis for denying a FERS Medical Retirement case.

In either case, it is important to contact a disability attorney who specializes in OPM Disability Retirement Law, and begin the process of grabbing onto the substantive basis of a Federal Disability Retirement case, and not allow for the futility of grasping at any straws along a fictional river where desperation should be left to myths, fairytales and idioms of old proverbs.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in Federal Disability Retirement Law

 

Federal & Postal Employee Disability Retirement: History and Evidence

There is much debate these days about history, revisionism, and the bias inherent in past historical analysis, and the foundation-shaking changes in the world of academia — specifically in the History Department — is an interesting phenomena to witness.

“History” has often been seen as the narrative told by the “winners” and conquerors.  Who tells it; how it is told; from whose perspective; which information is magnified and which is minimized; what should be relegated to footnotes and after-notes — these all comprise the “objectivity” of a historical narrative.

Is it, for example, “revisionism” to include more prominently the “dark side” of history?  In a strict sense, it is — for “revisionism” means to “revise”, for what reasons: Of new information previously undiscovered; of a previously acknowledged and recognized inherent biased view needing correction; of pertinent historical facts previously ignored; and even of factual material deliberately distorted.

History is an exciting field; one which is necessary to a nation’s narrative and perspective of itself; and what story is told, how it is told, and the quality of the material gathered and disseminated — all are important in the telling of a nation’s story, and revisionism should always be an integral part of it — of revising for purposes of accuracy and proper perspective, based upon the evidence available.

We should never fear revisionism based upon integrity, but should celebrate and embrace it.

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 — some history is important: History of one’s performance; history of one’s medical condition; history of the interplay between evidence and personal experience.

Contact a Federal Disability Lawyer, that is, one who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, where history and evidence coincide to create the most effective narrative possible.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement Law: Knowledge of the Elements

It is important to understand what a thing is made up of; otherwise, without that knowledge, you will fail to appreciate the interaction and possible reaction to other elements.

It is the Aristotelian approach which is important — of understanding “first principles” and the underlying substratum of a thing.  Plato’s approach, as well, was similar — of abstracting the greater principle from the particular, but the manner in which he explained things was more in a poetic sense than the practical, and thus do we consider the Aristotelian approach the more “scientific” of the two.

In Law, an understanding of the elements is just as important.  For, if you are not familiar with the elements, you can be easily sidetracked into irrelevant issues, inconsequential arguments and insignificant declarations.  In a very different sense, as well — as in the “elements” comprised of the weather — it is important; for, knowing the elements will mean that you can prepare for any eventuality.

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 is important not only to know what “essential elements” might mean, but also, what the elements of the law governing Federal Disability Retirement are comprised of.

For, without knowledge of the elements, you will fail to understand what to prove, how to prove it and to what extent proof is required.  Without such knowledge, you will be exposed and vulnerable to any and all claims of rebuttal by the U.S. Office of Personnel Management.

Contact an OPM Disability Attorney who has the necessary knowledge of the elements, and begin to formulate an effective Federal Disability Retirement application under FERS, whether by an Aristotelian approach or the more poetic methodology of Plato.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Medical Retirement under FERS: Translation & Interpretation

On a superficial level, the difference between the two is often one of merely the “medium”: Translation involves the written text, while interpretation concerns the oral conversion from one language to another.  Used in a more complex, nuanced sense, however, both can involve oral and written communication; the difference being, translation encompasses the conversion of one language into another, whether orally or in written form, whereas interpretation involves the meaning behind the words translated.

We do this with ease each and every day; of listening to voices and sounds, warnings and admonitions, directions and requests — interpreting their meaning, force, relevance and impact as we live our lives.  We may translate the body language of another into what we deem as their “meaning”; or visit a foreign country with a dictionary in hand and attempt to comprehend the words and phrases spoken all around us.

We also interpret what is being said — of the content of the collective words and phrases jettisoned from mouths flapping words and emitting sounds, and how we interpret what we hear can make a difference in what we do, how we react and why we engage in the acts we embrace.  Law is an interpretive process, as well as a procedure involving translation.  It is a different kind of a language game involving statutes, case-laws and precedents that must undergo the complex translation and interpretation process.

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 is important to consult with a FERS Disability Retirement Attorney who specializes in the translation and interpretation of Federal OPM Disability Retirement Law.

Don’t be left lost in the “foreign country” of Federal Disability Retirement Law and its complex administrative processes without consulting a “dictionary” of terms and legal phrases.

Sincerely,

Robert R. McGill, Esquire

 

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

 

FERS Disability Retirement: Night wanderings

Ever open your eyes in the middle of the night and, instead of falling quickly back to sleep, allow for the eyes to wander across the silent room where others are still and asleep — the dog on the floor (or perhaps curled at the foot of the bed where human warmth has gathered for the pure comfort serving the creature) and the partner beside; the quiet glow of the digital numbers in bold red reflection; the pictures on the walls — though you “know” what they depict, the shadows hide them, and yet you believe you “see” them because familiarity arouses the imagination even in darkness; and the squeezing sense of silence so overpowering that you wonder about the universe at large and who, like yourself, is awakened by silence itself?

It is in those moments that, just before the panic of realization sets in that tomorrow is just a few hours away, we realize that mortality is a condition we must face; that the child’s imagination cannot revisit yesterday’s remorse; and the saddest of all truisms: For the most part, this is a cruel and uncaring universe.  Where do such thoughts originate?  Is it just the dream-world when sleep battles with sanity and one’s night wanderings will not suppress the bustle of the day’s meanderings?

Perhaps clarity comes in the wake of slumber’s twilight; whatever the phenomenon, night wanderings bring one into the netherworld of the “in-between”, where reality is not quite recognized and a dream is not ever fulfilled.  That is the type of experience that the Federal and Postal worker experiences when confronted with a medical condition that impacts one’s ability and capacity to perform all of the essential elements of one’s Federal or Postal position: not quite in the reality of the world’s harshness, not yet tested by the Agency’s or Postal Service’s full force of cruelty and uncaring.

Will they put me on a PIP?  Will they require a “Fitness for Duty” evaluation?  What happens when my FMLA is exhausted?  Will the agency just cut me off?

It becomes clear at some point that the Federal Agency and the Postal Service are not there as a friend or colleague looking out for your bests interests, and that you must initiate the process of looking out for yourself by preparing, formulating and filing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset.

Those night wanderings often have the advantage of giving clarity to a reality beset with the quietude of pure silence, but then morning arrives and the clash of the day’s reality awakens within us the cruelty of the world around.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Art of the Story

There is the subject itself, and then there is the art of the subject thus identified.  At some point in every civilization, the academic study of a subject becomes pedantically necessary, and a “cottage” industry developed.

Once upon a time, the “story” was an important and inseparable component of a culture; the storyteller was the keeper of the village’s identity, the protector of its essence where mythology and folklore provided meaning, relevance and its self-knowledge of who one was, where one came from, and what the whole purpose of existence meant.  Without The Story, people wandered off despondent, lost, and without a teleological force to hold the unit of peoples together within a coherent whole.

Then, writing came along and as the technological tools of the craft disseminated to other and wider cultural arenas, the shared ideas and adventures of each culture became better known, and assimilated by each over and within others.  The “Art” of the story became the study of it — of what constituted an effective story; what made people laugh, cry, and the erudite articles that explained that which was once obvious and self-evident.  Categorization and specialization soon follows; whether as it becomes more sophisticated or intellectually advanced as a reflection of it, or merely because complexity follows upon a self-satisfaction of what we deem as “progress”, who will ever know?

The “Art” of the story somehow came into being — of the study of a once human need began around a campfire where a village told of its origins, now relegated to the halls of academic “science” where dissection, analysis and discussions ensue.

For Federal employees and U.S. Postal workers who have a “story” about a medical condition that is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the Art of the Story becomes a necessary form of application, because SF 3112A —Applicant’s Statement of Disability — requires not only the telling of one’s story about the medical condition, the impact upon one’s ability and capacity to perform one’s job duties, and how it has dominated all aspects of one’s professional and personal life, but beyond: it must comply with and meet the legal eligibility criteria by a preponderance of the evidence, thus forcing the Federal and Postal employee to go beyond the story itself, and to be fully aware that the Art of the Story has more to do with the proper and effective presentation of it, than the story itself.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: This upside down world

How many whistleblowers would do it all over again?  How many regrets does it take to screw in a lightbulb?  The answer: Few as to the first question, and at least a dozen in response to the second.  For, as to the second query, while one person engages in the mechanical act of lighting up the room, it takes all of the others to fail to assuage the regrets of a person who has tried to do the rights thing, and has lived to suffer the consequences.

We grow up being taught all sorts of empty adages — how “truth reveals all”, or that “justice prevails in the end”; and though the old hero of simplicity has now been replaced by more “complex” characters of mixed good/bad/neutral, still the naïveté of childhood upbringings tend to haunt beyond the loss of innocence delayed.

This is an upside down world where the clear-cut demarcations that once were inviolable have now become obscured, and where leaders can argue with a straight face any and all positions, whether self-contradictory, hypocritical or just plain nonsense, and can get away with it without any regrets or loss of sleep.  Perhaps it has always been like that and we just didn’t realize it.  The wealthy have always been able to get away with more; the powerful, without much consequences; and when the combination of wealth and power become aggregated, there is little to impose any checks and balances that might have tempered the onslaught of injustice.

For the Federal employee and the U.S. Postal worker who suffers from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the fact that we live in an upside down world becomes exponentially the case because of the medical condition itself.

Progressive deterioration and chronic debilitation are often the rule of a medical condition, and just to survive another day without pain, without emotional or mental anguish — these are the hallmarks of needing to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

The world is about as topsy-turvy as it can get; but when the private world of one’s health begins to deteriorate, that upside down world becomes a tumultuous maze of a conundrum wrapped within an insanity that cannot be escaped from, and that is when you know that preparing, formulating and filing an effective Federal Disability Retirement application becomes a necessity in a universe that requires some wisdom, and turning to the advice of an attorney who specializes in Federal Disability Retirement is often the first step in providing a balanced perspective within this upside down world.

Sincerely,

Robert R. McGill, Esquire