Tag Archives: opm occupational disease or illness

Federal Disability Retirement: The Human Prerogative

There are other prerogatives connected to other species, like swiftness of predatory hunting for a Cheetah; the sheer power of a Grizzly Bear; or, perhaps of an NBA star who no one even attempts to defend against because, outside of the 3-point circle, there is no point in even trying.

The definition is clear: a “prerogative” is the right or privilege exclusive to a particular individual or class, and so, like an eagle which soars with the power of such privilege, there is no denying that which is the right of that individual, of whatever species we are referring to.

For the Federal employees or U.S. Postal worker who suffers from a medical condition, where the medical condition itself impacts upon the ability and capacity to perform the essential elements of one’s job, it is the prerogative — the human prerogative — to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, under FERS.

Because you are a Federal Government employee or Postal Service worker, it is the exclusive right and privilege to assert your eligibility for Federal Disability Retirement; and indeed, this is the Human Prerogative, as a Federal or Postal employee.

It is the exclusive right — not merely because you are a human being, but because of your privileged status as a Civilian Federal employee or U.S. Postal Service worker — to assert that limited prerogative when the need arises, and if the time comes such that it becomes necessary.

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 Law: Life Without

Some learn early on to live with the “without”; others, perhaps those few who were born with that metaphorical “silver spoon” in one’s mouth, never learn the lesson; and whether living life without “things”, or loving parents, or a dog, or some such other tangible or intangible whatever is a valid question.

Is it better to have possessed X, then lost it, in order to appreciate X?  Or, if you never knew of life with-X, is life without it something you never missed, anyway?  Yet, we can certainly extrapolate from watching others “with” X, and thus experience various emotions, whether of jealousies, regret, self-pity or angered arrogance.

Life without can form better character, or so they say.  Then, perhaps, life with-X and the subsequent loss of X may also form greater character.  It all often depends upon the malleability of the individual, and not whether or not a person grew up with or without.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management, two issues of life without will be of immediate concern: Life without the same career you once had; and more importantly, life without the health you once enjoyed.

As for the latter, that is part of the point of filing for Federal Disability Retirement — so that you can focus more of your attention upon regaining that which you once had, and which you have partially lost.  As to the former — there is actually life beyond the Federal Government or the Postal service, and you may find that the future is yet bright, and life without your Federal or Postal job is not as important as life without 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 Retirement Help: A Worthy Life

Should such a question, or answer, even be entertained?  Or, should one always revert to the normative ethos — albeit, safe and uncontroversial — that by definition, any and all lives constitute a worthy life, merely because life itself is precious and therefore undeniably and incontrovertibly worthwhile?

Yet, surely we engage in such debates, if not directly, then circuitously and sometimes by engaging in linguistic euphemisms which betray our most sacred belief systems.

Are proponents of the death penalty those who have answered the question, already?  For, have you not made a judgment of “unworthiness” if you believe that the death penalty is an acceptable penalty?  Or, of a lesser offense — say, a homeless person who begs for food; should they all be shuttered in some part of the world where we don’t have to deal with them?

How do we define “worth”?  Is it by economic success, or are there other factors which determine fulfillment of a definition rarely complete and barely understood?

Is “worth” tantamount to “indispensable”?  If that is the standard, then none of us would qualify; for, looking back into the history of mankind, is there anyone from yesterday whom we consider indispensable today?  They are all deep in the ground where moss, grass and ivy have overgrown the cemeteries where once the worth was thought to be indispensable, but now are merely forgotten remnants of unrepentant memories.  Here is a thought: At a minimum, a worthy life is when a person provides a mangy dog a life of comfort and happiness.

For Federal employees and U.S. Postal Service 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, the question of a worthy life often begins to creep in, where the Federal agency or Postal facility is doing everything to question your worth with the Federal Agency or the Postal Service.

Don’t buy into that line of thinking.

You know your own worth; don’t begin to doubt it.  Instead, contact a disability lawyer who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management, and thus begin the process of ascertaining the unquestionable worthiness of a life which has many miles to go, if merely to have the opportunity to give a mangy dog a life of comfort and joy.

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 Lifetime Achievement Award

There is a sadness necessarily attached to such an award: It is an acknowledgement that a person’s worth has come to an end.  A life’s end is recognized when such an award is granted, and no one believes that anything further will be attained.  It is a dismissive award — a pinning of a goodby to the lapel of one’s mortality and an applause that soon fades because of achievements recognized and easily forgotten.

No one says of the recipient of such an award, “Boy, but does she have such potential!”  Rather, it is the very awarding of it which is the indicator that: The curtain is closing; the rocking chair is there in the corner; it is time to let others in the door; and, your time has passed.

What can it possibly mean for a person to accept such an award?  How can others determine the achievement within a span of a lifetime, and can it ever be rescinded?  What if, upon receipt of such an award, a person turns around and commits a heinous crime — do we then walk out of the ceremony shaking our heads and whisper to one another, “Well, he would have achieved it but for….”?  Isn’t that always the party-pooper conclusion, when we say of this or that: Except for; but for; if only…?

It is like saying that X was a great president except for Y, or that such-and-such was the best leader but for this-and-that.  To receive or be offered the “lifetime achievement award” is to declare the end of one’s life; to refuse it, is to embrace life and one’s future.

For Federal employees and U.S. Postal workers who believe that filing for Federal Disability Retirement means that it is an “end” to something — somewhat akin to receiving a Lifetime Achievement Award — such a thought should be reconsidered.

Filing for FERS Disability Retirement is not an end, but a mere beginning: It allows the Federal or Postal employee to focus upon one’s health, and then to consider another vocation or career in the private sector by allowing him or her to make up to 80% of what one earned in the Federal sector, and continue to receive a disability retirement annuity. Consult with an attorney who specializes in Federal Disability Retirement Law to “get the facts”, lest you become embroiled in the fallacy that Federal Disability Retirement is tantamount to receiving the Lifetime Achievement Award.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Beyond the weekend respite

It is always something to look forward to: Whether the regular rhythm of the 2-day, the “extra” delight of the 3-day, and the deliciously unexpected 4-day weekend when the time of rest is doubled and by the end of it, you’d almost forgotten about the frenzy of your day-to-day work schedule.

Do we “make up” for sleep?  Those so-called experts who claim that loss of sleep, once lost, can never be redeemed, clearly don’t know what they’re talking about.  A couple of naps; an extra hour of dozing; of coming to a profound realization that the sun can actually rise while a person is still asleep, and that consciousness need not precede the earthly rotation that allows for a peek of dawn — these are all revelations that can come on the weekend.  But then there is Monday; or the day after the 3-day weekend; and the day after that.

Years ago, in the idealism of one’s youth, one resolved never to live like this: As each day is a gift from God, one should not lack the relish of living during the week any more than on the weekends.  Yet, that is the cycle that most of us accept — of a bifurcation of leisure/work, enjoyment/dread.  And, in the end, there is nothing wrong with such a distinction; except when there is a despised exaggeration between the two.

The weekend is meant to be the respite away; but when the respite engenders a greater fear and dread of the following Monday, where restorative sleep cannot be attained no matter how much slumber is embraced, and when pain and recovery can never attain a level of coherent balance, then it is time to reconsider: Is this how life is meant to be lived?

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 — and, just as importantly and concurrently, where beyond the weekend respite there never seems to be an end to the race for recovery — it is time to consider filing for OPM Disability Retirement benefits under FERS.

When leisure is merely a time of suspension in the dreaded Mondays of work’s cycle; and where the treadmill of life’s spectrum between work and time-off is so out of balance that one cannot distinguish between the waking moment and sleep, or work and play because the medical condition is all-consuming; then, it is time to consult with an attorney who can guide you through the complex process of filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Systematic Preparation

Can a project be well-prepared if there is no “system” in place?  Do we trust, for example, a construction firm who goes about their business without a blueprint?  If you ask of the firm, “Well, can we see some examples?” or “Can you provide a rendition of what kind of a house you plan on building?” — what would you think if the answer came back with: “Oh, don’t worry, it will have a roof, a couple of bedrooms and a kitchen.” Is that a satisfactory answer? Or, would you want to see that a firm foundation is first built, and that a systematic methodology of preparing, then initiating the building project will proceed in accordance with a previously agreed-upon blueprint of the archetype of the product proposed?

To that end, shouldn’t you be able to speak to the lead architect, at some point, and not merely be sloughed off to salesmen, administrative support staff and other office workers who may be very helpful, but are not the ones who will “head” the project?

Similarly, if you call a law firm, shouldn’t you be speaking with the lawyer him/herself, instead of a secretary, paralegal or some other “disability specialist” whom you believe you are hiring, but you never seem to get a hold of?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has come to a point where it/they prevent the Federal or Postal employee from performing one or more the essential elements of one’s Federal or Postal job, the necessity in filing for Federal Disability Retirement benefits is often an option which is unavoidable.  That being said, do you want to proceed down the administratively complex process of Federal Disability Retirement without a systematized methodology of preparation?

Consulting with an attorney who specializes in obtaining Federal Disability Retirement benefits from the U.S. Office of Personnel Management is a good first step in gaining a blueprint on how to proceed; just be careful that you don’t hire a law firm that merely has all of its “underlings” do the important work of the systematic preparation, and moreover, it is important to inquire as to what kind of approach the attorney has in moving forward to win a Federal Disability Retirement benefit, for you.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Scoffing paradigms

Of course, such a title can have a double entendre or duality of meanings – that, in the first instance, the accent is upon the word “scoffing” with a lowering of one’s voice upon “paradigms”, and that would mean: One turns up one’s nose at the very idea of paradigms. Or, alternatively, if both words are of equally monotonous tonal undulations, then it could mean that the paradigm itself is one which scoffs at other paradigms, differing principles or contrary perspectives.

As to the first: There are those in life who declare that paradigms are unnecessary, and one needs to simply live life, take things as they come and forget about being able to comprehend “first principles” or other such nonsense. Indeed, that is the bestial side of humanity; animals and all other species live like that, and as the evolutionary perspective has won out and we are left with nothing but the biological counterview of life, so why not us as well in consonance with the rest of the universe?

The second meaning would presume the opposite: for, in order for a superiority of belief-systems beyond modernity’s feeble attempt at generalized equivalence of all such systems, there needs be certain paradigms that are objectively prioritized in significance, importance and relevance of application. In either meanings, while the emphasis upon the direction of the scoffer may differ, the central concept of “paradigms” remains throughout and consistently becomes elevated and magnified as the primary root cause.

Modernity has a dual problem (and many more, besides): On the one hand, nobody any longer believes in grand systems of philosophical import; thus, the Hegels, Kants and Heideggers of yesteryear will not become reincarnated in current or future times, unless there is a wholesale exchange of mindsets. On the other hand, we still cling to a tribal mentality – of wanting and needing to belong to a group that espouses illogical biases and discriminatory tendencies, if only to have some semblance of an identity unique from others; and so we embrace, by unconscious fiat or otherwise estranged ignorance, paradigms that we neither understand nor take the time to comprehend, but instead join in and defend by means of keeping company with other such ignoramuses.

For Federal employees and U.S. Postal workers who begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, what becomes quickly evident during the process is that the Federal Agency or the U.S. Postal Facility will suddenly become encamped and invested in one paradigm, and you in an altogether different paradigm, and then the scoffing begins.

The Federal Disability Retirement applicant (you) are no longer amongst the “for the mission of the agency” paradigm, and you end up being a member of that “other” paradigm whether you like it, choose to, or not. Thus do you participate in the vicious cycle of scoffing paradigms, in either sense of the terms, without even knowing it. Go figure.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Loyalties unrequited

Like the letter expressing undying love, returned without a forwarding address and stamped with a vengeance with ink smudges unable to erase.  Of course, such imagery is likely to be a puzzle and an unknown quantity for most, as no one writes letters, anymore.  What would be its modern equivalent?  An email returned, a text message ignored, or a Facebook request blocked?

Loyalties, on the other hand, are a funny thing; if left unspoken and implicitly assumed, each party to the “agreement” of loyalty can walk about with differing perspectives and alternative understandings.  The one with authority may well see it as a tacit, unilateral bondage; all others assume (most often wrongly) as being a bilateral vehicle for mutual benefit.  For many, such presumptuous loyalties never reach a pinnacle of an actual test; for, the test is in the crisis created, when that which is implicit must be expressed in terms loudly declarative to all.

Then, of course, the sad truth is that linguistic elasticity (i.e., in modern parlance, “alternative facts”, “hyperbolic truth”, or in archaic language, “lies”, “falsehoods” and “deceptions”) has resulted in the devastation of language, truth and reliance upon certainty of constrained declarations.

Language once reached a pinnacle of communicative practicality, perhaps redacted in the British command of subtlety and decorum, reflecting the sophistication of Shakespeare, Milton, Waugh and Hitchens, and even coopted by that New England appearance of relative kinship as characterized by Buckley, Vidal, etc.  Now, in modernity, language has become a free-for-all, where volume dominates substance and we can all maintain a straight face even when encountering a logical inconsistency, a methodological fallacy, or an outright lie.

This is a strange universe, a convoluted time and a conundrum of an age gone mad – especially when it comes to the communicative tool of language, and the underlying meaning of what is said, what is expected, and what can be stated with any meaningfulness at all.

Loyalty requires language – whether implicit or explicit – which consolidates trust, accord and like-mindedness.  The test of the viability of such an agreement can quickly become abrogated when life, reality and events intervene.  There is thus, often, a “crisis” which arises, which tests the veracity of that which may have been unjustly relied upon.  As in the heat of battle, whether one’s “own” will do as commanded, follow to the end and sacrifice for that tacit agreement, one will never know until put to the test.

For Federal employees and U.S. Postal workers who mistakenly believe that loyalty between the Federal agency and the Postal facility is a bilateral condition precedent – of work for these many years, and dedication beyond the agreed-upon hours of compensation, in return for commitment and caring when times become tough – the loyalty unrequited becomes a reality too quickly realized.

Letting the Federal agency know, or giving the U.S. Postal Service a “heads up”, of a mere intent to prepare, formulate and file a Federal Disability Retirement application, can readily result in unwelcomed reactions and initiation of administrative movements previously unexpected.

Family relationships often become frayed because of intimacy of care; friendships can fluctuate as the howling winds of clashes between warm and cold fronts; and loyalties can be mistaken as to whether it is unilateral or bilateral, and filing a Federal Disability Retirement application can echo the hollow reverberations of loyalties unrequited, and we often walk away astonished at our own naïve beliefs, now dashed and damaged into the hallways of life’s cynicism learned.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement: False Positives

We demand that a “retest” be done, to ensure that the result did not have the opposite effect.  It is a linguistic conundrum that the affirmative means its negative; for, in medicine, a “positive” result is the worst of news, whereas in most every other context, it is a welcomed declarative.  But because it is a result which is not embraced with delight, we ask that it be further verified in the event that the “positive” is a false one, and we want it instead to not be a true one, and thus ask for a retest in order to see whether the second one will result in a true negative, which is the opposite of a true positive in hopes that the first positive result is a false one.

Are there such similar circumstances in daily life, apart from the medical field, where we received results of false positives?  The latter term in the phrase is misleading, precisely because laudatory declaratives are normally welcoming additions; yet, combined with the former word that essentially negates the latter, it is an oxymoron of sorts and is thus relegated to a defined field in the medical arena.

But false positive do rear their ugly heads now and again; in employment, where awards and exuberant encouragement are provided with nary a compensatory incentive, giving the impression that the company recognizes the employee as a valued asset, all the while withholding that most coveted of advancements – the “raise”.

That is surely a “false positive” that needs to be retested.

Or, of loyalty seemingly accorded by a Federal agency or the U.S. Postal worker, so long as productivity is met and the “mission of the agency” is placed on a priority basis, where long and uncompensated hours, both in physical presence and cognitive input when exhaustion from work, worries and problem solving overwhelm and consecrate; but when it really “counts”, does the concept of loyalty allow for bilateralism, or was it merely a one-way street:  Your loyalty to the Federal Agency or the Postal Service, in return for a false positive?

Is filing a Federal Disability Retirement application considered a “false positive”?  Or even in an inverted sense – it is “positive” because it is a benefit which is available when (often) all other options have failed; it is purportedly “false” because it means giving up one’s career and being presented with a future with less income.

But it can also possess an inverted meaning –  of a false positive because it is an a recognition that the medical condition has come to a point where an admission must be made:  the falsity of hope in relying upon the Federal Agency or U.S. Postal Service to reward one’s undiminished loyalty these many years and decades, would result in an accommodation of the medical condition, combined with a sense of positive outlook for the future because of this past reliance.

No – unfortunately, such a false positive would surely have to be retested, and the result would be that, yes, the false positive of having the ability to prepare, formulate and file for Federal Disability Retirement benefits is indeed a true positive that is there to be accessed.

Sincerely,

Robert R. McGill, Esquire