FERS Medical Retirement: The Chance for Success

It is what everyone wants to know; we have all been accustomed to relying upon percentages — of probability theories from the likelihood of being struck by lightening to whether we will be attacked by a shark while swimming in the ocean (in both instances, of course, various factors come into play, as in: If you don’t venture into those circumstances which favor such calamities, the probability of such occurrences precipitously drops).

Or in the case of divorce, for example — Does including Elizabeth Taylor in the statistical analysis skewer the numbers— or those in Hollywood generally?

One can argue as to the accuracy of statistical analysis by questioning the data used, but we nevertheless seek assurance and find refuge in numbers, because of the impenetrable mysteries surrounding numerical certainties.  Math is a uniquely different language, and most of us struggle with comprehending its complexities while simultaneously defending its infallible status in the universe.

For Federal Gov. employees and U.S. Postal workers who have filed, or want to file for Federal Disability Retirement benefits under FERS, the question often posed is — What are the chances for success?  The answer, of course, is: It all depends upon the various factors underlying your own particular case.

However, one thing is quite certain: You must be prepared to fight for your case, a each and every stage of the process.  You must prepare an arsenal of weapons — not the least of which, includes the legal cases which favor and support your case.  It may be a self-evident proposition, but here goes: If you are not willing to fight aggressively against the U.S. Office of Personnel Management, you will surely lose.

So, take this simple advice from an experienced lawyer: Filing for Federal Disability Retirement benefits is not for the “faint of heart” and must be engaged in only with a view towards a “long and arduous slog”.

And as for the chance for success?  With the guidance of an experienced Federal Disability Retirement Lawyer, it can be exponentially enhanced.

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: Mental Accretions

It is the “process of growth or increase, typically by the gradual accumulation of additional layers or matter”.  It is that which becomes magnified within the insularity of the mind — of the aggregation expanded by creativity, imagination, fears, potentiality, impotence, nightmares; in short, the fullness of one’s cognitive infinity.

Mental accretions include the limitless capacity of the mind towards exponential creations by taking the encounter of Being — of what “is” — and going beyond and imagining the worst, or the best.  Kantian philosophy would be compatible with this perspective — of the categorical imperatives, the imposition of human perspectives upon the noumental world of pure objectivity; and in the end, it is the human, mental accretions which determine whether or not we can maneuver the greater world within which we must operate.

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, mental accretions are often the roadblock preventing the next step in moving beyond your present circumstances.

For, it is often the mental accretions themselves — of magnified fears out of proportion to the reality of your situation; of imagined impediment reflecting not the problems able to be solved, but of unreasonable conclusions reached without sound advice.

Do not let the mental accretions rule and ruin the potentiality of what may be; instead, contact a Federal Lawyer who specializes in FERS Disability Retirement Law, and begin the process of getting sound and practical advice in preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, and stop fretting over the mental accretions which fail to reflect the true perspective of your current circumstances.

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.

 

Medical Retirement Benefits for Federal & Postal Workers: Expectations versus Reality

The dawn of the American century arrived sometime after the First World War.  America’s entrance into the world stage; its dominance in influencing culture, economics, politics and social upheavals cannot be ignored.  At home, too, kids were brought up with a view that expectations were limitless; that everyone could achieve anything and everything so long as you put your heart, mind and soul into it.

The reality, of course, is quite different.  For, the fantasy of expectations fails to take into account individual limitations, whether in the arena of creativity, intelligence, circumstances or just plain luck.

We taught our kids the false pablum that in America, everything is possible for everyone, and thus do we have the reality-check upon millennials and others that, NO, not everything is possible, and sometimes you have to accept the plain fact that reality imposes a check upon your expectations: You cannot win at everything; you cannot succeed at every crazy venture; you are not always going to come in first; and, in fact, you may not even be given a pat on the back just because you show up.

Medical conditions, likewise, provide a reality check.  We are not all of us triathletes; our bodies are, indeed, vulnerable; and though we may think we are a species which can multitask better than other specialized animals (i.e., the predator cats are good at chasing and killing; the falcon at zeroing in upon its prey, etc. — but the human animal, though not the best at any one thing, is good enough at a multitude of different tasks), there is a limit as to how much we can do before the stress and anxiety of becoming overwhelmed sets in.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition has given you the reality check against expectations of continued employment with your Federal Agency or the Postal Service, contact an attorney who specializes in Federal Disability Retirement Law and begin the process of initiating the preparation, formulation and filing of an effective Federal Disability Retirement application — where you are finally recognizing that there is a substantive distinction to be made between expectations and reality.

Sincerely,

Robert R. McGill, Lawyer
OPM Medical Disability Retirement Attorney

FERS Medical Retirement from the OPM: The Strategy

Is it always necessary to possess one?  Must one always have to be able to articulate it before moving forward?

How would you respond and react if, say, you were in the military and about to embark on a major mission, and your platoon leader turns and says to you, “Now, this is a dangerous mission and we have to do it, even though we don’t really have a strategy as to how we will go about accomplishing the mission.”  Would such a statement empower you with confidence?

Or, would you smirk quietly and whisper to the person next to you, “Wow, that’s a confidence builder!”

Or to a child who one day declares, “I’m going to be a billionaire!”  Would you suppose that such a declaration is without a strategy because of the age and youthful exuberance exhibiting folly?

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 with the U.S. Office of Personnel Management, it is important to have a strategy — a thoughtful, sequential plan of how to go about preparing the application; what legal arguments to formulate; when to file.

Contact a Federal Disability Lawyer to discuss the further particulars of your case — one who specializes in Federal Disability Retirement Law exclusively.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: Adapting to Change

Survival of the species depends upon it; the paradigm of evolutionary theory mandates it; and the human propagation for advancement thrives through it.

Change is difficult.  It was once believed that the malleability of youth allowed for greater resistance to a damaged psyche; yet, from the plethora of late-night confessions, it has become clear that divorce and family divisions left residual scars upon children no matter how “friendly” the split-up was, no matter how much love, co-parenting support and so-called theories of “if I’m happy, you’re happy” blather was pasted thick upon the self-justifying reasons given; in the end, the trauma of change, upheaval, disruption and interruption have their lasting effects upon the shaken foundations wrought by the earthquakes of human existence.

Change; how we respond to it; what adaptive measures are taken; where the vulnerabilities appear; and the manner, timing and susceptibility to reverberations of lasting consequences — they all take their toll, don’t they?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, change is inevitable, and adapting to change — a necessity.

But, then, adapting to change has already been a reality, if one pauses and thinks about it — to the change in one’s health through the chronic and debilitating medical condition; the need to have adapted to the growing sense of urgency as the medical condition has worsened over time; these, and many more changes have already forced the Federal and Postal employee contemplating further changes to adapt at each step of the way.  But that “final step” — of preparing an effective Federal Disability Retirement application — is an important one, and to make the best of the changes that are inevitable, it is a prudent idea to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Higher and lesser standards

Does anyone ever go into something, engage an activity, begin a project or initiate a hobby thinking that a “lesser standard” would be acceptable?  Or, is the “higher standard” always the option preferred? — and if we fall somewhat short of the goal intended, isn’t it better to strive towards that height of vaunted “unreachable-ness” like the lesser angels who try and climb up the ladder to heaven but fall short because of the misgivings of sins committed or blemishes of imperfections left unchanged?

One can always argue, of course, that all standards are somewhat “arbitrary”, and perhaps they are to the extent that we can always “do better”, and the self-satisfaction of reaching the pinnacle of any standard set is merely to realize that there can always be another step to take, a further goalpost to conquer, and a next and higher challenge to face.  To begin with a lesser standard is to foretell defeat before a journey is begun; whereas, to demand an unreachable standard is to despair of an idealism that cannot be fathomed.  What, then, is the “proper” standard to set?

To set it too low is to achieve mere mediocrity; to preface a too-high-a-standard is to defeat one’s advocacy before efficacy can be tested.

We, none of us, want to begin a journey with a defeatist mentality, and it is the setting of a standard — however low or high — that often determines the success or failure of any endeavor.  It is only when we “know” that a self-set standard will never be reached, cannot be attained and will never be near to the heart of our wishes and desires, that then we realize the utter futility of our own efforts.

For Federal employees and U.S. Postal workers who have set a high standard in their careers and employment goals, it is a difficult road to take, both mentally and/or physically, to realize and come to the conclusion that one’s professional standards can no longer be met because of a medical condition that impedes, precludes and prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal job.

No one ever sets out to reduce the standards of a life’s goal, but when outside forces such as a medical condition impact upon the standards set, the choice is to prepare, formulate and file 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.

Federal and Postal employees have always set high standards for their work ethic. Sometimes, however, it is not the higher standard that defeats, but the lesser standards of reality — such as a medical condition that comes about unexpectedly in life — that forces the necessary adjustments that remind us of our own mortality, imperfections and the gap between the higher standards we set and the truth of our own misgivings.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Representation: Comparisons

We all make them.  We may deny doing so, engaging it, silently participating in the informal sport of it all, but we nevertheless join in — that judging eye for the look, the appearance, or maybe sometimes even the substance.  Comparisons are performed each and every day of our lives — by ourselves; by others; publicly or in the insular universe of private thoughts.  Appearance; demeanor, voice inflections; vocabulary used; kindness offered and actions interpreted; there are multiple and almost endless criteria upon which they are made.

Is he boring?  In comparison to what and whom?  If there is no “other” to compare X to, how can one ascertain the value, worth or interest; for it is precisely “against Y” that X can have any comparative value.  Does my dog behave better than other dogs, most dogs, some dogs?  Does my husband act in a kind manner, a polite way, with a gentlemanly pose, in comparison with X, Y or Z?  Does my house look presentable or an eyesore in comparison to others in the neighborhood?  Is the performance of X superior, outstanding, minimal or marginal — and if so, or of fitting any of the categories, in comparison to what or whom?

When a predator looks for a prey, is not the first instinct to observe the comparisons before the chase begins — of vulnerability; of weaknesses displayed or quickness revealed; of exhaustion, a limp, an indicator that it may not outrun as quickly as the others in the sprint for life?  And of human predators who prey upon children, the sick, the elderly — why do we focus so much upon the characteristics of the criminal as opposed to the archetypal manifestations of personalities that reveal the underlying weaknesses often unobserved but clearly and comparatively obvious?  And why do we feel good about ourselves when we compare our misery to another and find ours wanting?

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 or job, the act of engaging in comparative analysis is an inevitability.

Comparing yourself to who you were a year ago, two years, a month or a day; comparing your physical or cognitive decline and deterioration to the ghost of past remembrances of that figure who was full of vitality and vigor; and comparing what you accomplished 6 months ago, a year, and projecting hence into the future and determining that the chronic medical condition cannot for much longer endure the inconsistency with the positional duties required by your agency.

And don’t think that your agency, the Supervisors and Managers aren’t doing what we all do — making comparisons.  And it is based upon those comparisons that the predator acts and pounces, when the vulnerable least expect it and often feel secure within the insularity of their own ignorance.

That is why 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, is important to consider early and systematically, lest the comparison made by others becomes the basis for a PIP or a subsequent termination.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement from OPM: All problems suspended

We all seek those moments, don’t we?  A period of respite, that time of suspended ecstasy where all of life’s problems are suspended, if only for a temporary span in order to regain our equilibrium, retake the focus lost and remake the moments wasted.  Isn’t that why people become obsessed with silly arguments on the Internet, in Facebook confrontations and twitter feeds, because it provides for a temporary assertion of power, the sense of winning, of defeating and devastating another, if only for a brief moment in this timeless continuum of problems to be encountered, embraced and finally solved?

In a perfect universe, all problems suspended would be tantamount to a conceived heaven where one need not worry about the daily problems of living a life – the human condition – that confronts everyone all the world over.

All problems suspended – every financial difficulty, relational complexities, consequences intended or otherwise resulting from neglect, negligence or simply thoughtless actions; for all and every one of them to be relegated to a heavenly sequestration like purgatory without judgment.  But that life could be discovered within such a state of joyous reprieve; we would all be dancing and praying to the gods that gave us such a present.

In reality, that is what going to the movies for a couple of hours of distraction, playing a video game, going out with friends, or spending a weekend reading and taking the dogs out for a long walk – these are activities engaged in where all problems become suspended, if only for a brief stint of relief from the daily struggles we all have to confront and “deal” with.

Unfortunately, there is one problem that can almost never be suspended – a medical condition.  The medical condition pervades and remains no matter how hard we try; and though we may be successful in “forgetting” for a brief moment, the problem is never suspended, only delayed in “remembering”.  For people who are in chronic pain, one cannot even forget for a brief moment.  Instead, whether actively in thought or lulled through a sleepless night, the medical condition is always there, never suspended.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition presents an even greater set of problems – of not being able to be accommodated and beginning to prevent the performance of one or more of the essential elements of one’s Federal or Postal job duties – it is time to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Delaying does not suspend the problem, but may only add to it; neglecting will not solve the problem, and may only magnify it; and while temporarily “forgetting” by engaging in another activity may distract from it, the brief nature of such thoughtlessness will only roar back with a greater sense of urgency, especially when dealing with the bureaucratic morass of the U.S. Office of Personnel Management, which is the agency that makes a determination on all Federal Disability Retirement applications.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Things not likely to happen

It is not likely that tomorrow morning you will wake up and find that aliens have taken over the earth (although, if one were to read various supermarket tabloids, that has already occurred many times over, both while asleep and awake); it is not likely that you will win the lottery with that last dollar spent on running a random set of numbers (though millions each day shell out astronomical sums in the aggregate with dreams – and sometimes actual plans reflected upon – of what one will do “when” the improbable event will happen); and it is not likely that the email received the other day from some banker in Burkina Faso who wants a “trusted friend” to allow for a transfer of a cool $100 million and would allow you to keep half of it just because you happen to be the only person in the universe who has a bank account and can keep a secret, will actually honor such a request.

Nevertheless, people actually consider such fantasies, and to the detriment of those who do so with serious intent, harm themselves either by delaying what could be done, setting aside the reality of what needs to be accomplished, and turning over valuable time to endeavors not likely to happen.

Often, and unfortunately, medical conditions have that same characteristic – of things not likely to happen.  It begins by happening – of a medical condition that should not have been, or is seen to be “unfairly” targeting a particular individual, and a period of disbelief ensues where the question is, “Why me?  Why not the other guy, instead?”  Then, once the phase of acceptance comes about, one begins to adapt, compromise the levels of acceptability and quality of life, and modification of expectations surely follows soon thereafter.  Then, one hopes, prays, angrily shouts to the heavens or otherwise with quiet resignation begins to ruminate – yes, the medical condition may be unfair, but so is the lot of life we all live.

And the principle of things not likely to happen applies to Federal employees and U.S. Postal workers who need to prepare, formulate and file for Federal Disability Retirement benefits, as well, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, the things not likely to happen includes: The medical condition will just go away; the Federal agency or the U.S. Postal Service will just let things slide and be very understanding; the Federal agency and the U.S. Postal Service will actually accommodate your medical condition; the Federal agency or the U.S. Postal service will find you another job at the same pay or grade; the Federal agency or the U.S. Postal service will grant SL, AL or LWOP in unlimited amounts so that you can attend to your illness or medical condition; and the Federal agency or U.S. Postal Service will show empathy, sympathy and understanding and make you feel “welcomed” while you endure one of the most difficult periods of your life.  Not.

Sincerely,

Robert R. McGill, Esquire

 

 

Federal Disability Retirement: A Return to Basics

Every few decades, there is a “new” movement which upholds the divinity of returning to the foundational core of one’s existence:  of going back to being a farmer; living a life of an ascetic; stripping away all “unnecessary” accretions and accoutrements deemed as vestries of comfort and “bourgeois” by definition (whatever that means); or, in common parlance and language more amenable to the ordinary person, living more “simply”.

The perspective that such a “movement” is somehow “new” is of itself rather an anomaly; but then, each generation believes that they have discovered and invented the proverbial wheel, and all such past epochs were mere ages of primitive imbecility.   And, perhaps, we are once more in that familiar circle of life, and such a movement has beset the quietude of modernity, again.  As such, let us return to the basics:

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the Federal or Postal employee may need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the “foundational” eligibility criteria needs to be met:  For those under FERS (Federal Employees Retirement System — or the “new” system sometime around 1986 and thereafter), the Federal or Postal employee must have a minimum of 18 months of Federal Service in order to apply.  For those under CSRS, the accrual time is 5 years — and, as such, anyone under CSRS would presumably have met that basic requirement, although a CSRS employee with a long “break in service” could potentially fall short, but that would involve a unique set of circumstances rarely seen.

Further, the Federal or Postal employee who sets about to file for Federal Disability Retirement benefits must either be (A) a current employee (in which case he or she would file first through the agency’s Human Resource Office, then to be forwarded to OPM, (B) if not a current employee, then separated from service not more than 1 year (as the Statute of Limitations in filing for Federal Disability Retirement requires that a former Federal or Postal employee file directly with OPM within 1 year of being separated from service), (C) if separated from the Federal Agency or the U.S. Postal Service, but not for more than 31 days, then to file with one’s former Agency, and (D) if separated for more than 31 days, but less than 1 year, then refer to (B) and file directly with the U.S. Office of Personnel Management in Boyers, Pennsylvania.

These are some of the “basics” in filing for Federal Disability Retirement benefits.  There is much, much more to the entire process, but then again, if one were to expand too far astray from the foundational core of the “back to basics” movement, one would be a hypocrite for allowing the complications of life to accrue beyond the essential elements of life — of water, food and shelter or, for the Federal and Postal employee filing for Federal OPM Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the bridge between one’s position and the medical conditions one suffers from.  Go figure.

Sincerely,

Robert R. McGill, Esquire