Tag Archives: opm resignation and disability benefits

FERS Disability Retirement: Knowledge & Application

It is assumed in the West that knowledge, in and of itself, is a valuable thing.  And in this country, periods of pragmatism overtake that viewpoint, but always seem to revert back — otherwise, how else would we persuade children to spend countless hours sitting in a classroom, year after year?

As “making a living” has become the primary focus of society in general, there is an ever-pervasive tension between knowledge for its own sake as opposed to knowledge that is “useful” (translation: the “know-how” to make a living).  This is a tension that every society must grapple with — of becoming educated as an end in itself or as a means to a different end.

Few believe that there is a downside to having a good education, but a well-educated populace that lives in poverty cannot for long sustain its justification for perpetuating inapplicable knowledge.  Society must always maintain a balance between theoretical knowledge and applied knowledge.

Law is a discipline which straddles the fence between the theoretical and the practical, inasmuch as it engages in conceptual/intellectual issues, but concurrently, must be able to be applied in the everyday lives of people.  For example, in domestic relations law, there are overarching conceptual principles focusing upon what constitutes “the best interests of a child” in a custody battle, but in the end, the practical application of determining a workable visitation schedule must be hammered out between the parties involved.

Similarly, in Criminal law, while a society may adopt a conceptual apparatus as to whether “reform” is the goal or “punishment” is the justifying foundation for a lengthy incarceration imposed, nevertheless, in either case, society must consider the practical issue of protecting its citizens from further harm which may predictably be committed by the party found guilty.

In a similar fashion, for Federal employees and U.S. Postal employees who file for Federal or Postal Disability Retirement benefits through the U.S. Office of Personnel Management under the FERS system, knowing the Law and cases governing Federal Disability Retirement is essential in engaging the bureaucratic process, precisely because Federal Disability Retirement benefits is not merely about the medical condition in and of itself, but involves a complex consortium of issues in relation to the job one is positioned in, whether the Agency can accommodate an individual’s medical disabilities as well as what constitutes a legally-viable accommodation, as well as a whole host of other similar issues.

Here, knowledge precedes application, and having a ‘working’ knowledge of the laws governing Federal Disability Retirement in order to apply it at each stage of the administrative process is a necessary prerequisite before considering even applying for the benefit.  Yes, there are rare cases in which the medical disability is so severe and clear-cur that the medical documentation is and should be sufficient unto itself; but that is a rare case indeed.

As such, at whatever stage of the process one finds oneself in the Federal Disability Retirement bureaucracy, you may want to consult with an OPM Disability Attorney who specializes exclusively in Federal Disability Retirement law in order to have not only the knowledge but the practical application of proceeding against the U.S. Office of Personnel Management in fighting for your FERS Disability Retirement benefits.

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: Work Left Undone

That is why gardening and other similar endeavors help to calm the human mind; for, like the Zen of human existence, projects which have a starting point and end with results that can be observed with gratifying exclamations — like a rock garden finished and allowed to visibly appreciate — is a point in life which has been “done”.

Most of life’s work is that which is left undone — the son or daughter who left home too early; projects of which you participate in only a portion of; things you wanted to say but never had a chance to; dreams dreamed of but left as mere vestiges of feeble attempts left unfinished; and so we carry on with out lives, always with a detritus of abandoned work left undone.

For Federal employees and U.S. Postal workers who have come to a point in their medical conditions where there now exists an incompatibility between work and health, it may indeed be difficult to leave the work behind — work left undone.  But there is still the future to consider: of work which still can be done; of prioritizing the primary work left undone — your health.

Contact a FERS Disability Attorney who specializes in OPM Disability Retirement Law, and consider that the Federal work left undone can always be picked up by someone else, whereas your health cannot.

Sincerely,

Robert R. McGill,
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Attorney Help: The Bifurcated Worker

It is a commonplace event — of bifurcated lives.  Was it always that way?  When there were actually towns and communities where people really knew one another; of that paradise-like vision, where transiency was unknown and stability based the norm?

We have our “work life”, bifurcated from our “personal life”.  We can sit in sub-divided offices, partitioned and designed by a “civil space engineer” who has allocated a specific area of work space which is “yours” as opposed to the “other” person.  We can now telework and not even have to be partitioned in bodily space and time.

However the arrangements are made, work can go on for years and years without ever knowing the personal life of the person with whom we work.  Tom comes in each day and we only know of his “professional” side.  Susan enters the office and we know nothing about the previous 16 or so hours of her disappearance.  For, we have accepted the state of the bifurcated worker, and some would say that such a state of knowledge is a “good” thing — for, in the end, we want to preserve the sanctity of privacy itself.

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, the issue of who has access and who is allowed to have access, to sensitive medical information, is always of concern.

In order to file for Federal Employee Disability Retirement benefits through the U.S. Office of Personnel Management, however, some amount of access must be given; for, to file for OPM Disability Retirement is to cross over and violate the wall of the bifurcated worker.

In order to maneuver successful through the complex maze of such issues involving sensitive medical information, contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin to prepare, formulate and file an effective Federal Employee Disability Retirement application under FERS, with the U.S. Office of Personnel Management, where the bifurcated worker must further bifurcate the personal from the professional.

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 Medical Disability Retirement Help: Resisting

Whether against a temptation or an innate sense that something is not quite right, the temporary delay of gratification — for, that is ultimately the result of resisting — can be of great benefit.

The impulse is often very strong; to resist takes a deliberate and conscious decision, empowering one’s will to deny that which urges one on.  By practice and, over time, embracing a habit which becomes a part of one’s character, resisting becomes easier; the will is replenished with daily fortitude; the nature of one’s character becomes emboldened and whole.

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, resisting is an important part of the process: Resisting just quitting and walking away; resisting just giving up; but not all resisting is positive — as in, resisting contacting a Federal Disability Lawyer who specializes in Federal Disability Retirement Law in order to consider the next steps to take to successfully formulate a strategy to obtain one’s Federal Disability Retirement benefits.

For that, you should give in to the urge: Contact FERS Disability Retirement Attorney who specializes in OPM Disability Retirement Law.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: Foreboding Sense

Are such “feelings” valid?  Does it even make any sense to apply the criteria of validity to a “feeling”, or are there circumstances where a foreboding sense of things can be accepted as a confirmed truth?  Does an outcome-based application of the criteria determine the validity of a feeling?

Say, for example, an individual possesses a 100% success rate in confirming the truth of a foreboding sense — does it validate the feeling?  Or is it based upon the foreboding sense that is declared to others who can confirm it?

A foreboding sense of things to come can, indeed, be valid, both as an outcome-based, retrospective confirmation as well as a singular instance of validity based upon a person’s experience.  For, just as statistical analysis cannot refute the probability of something happening the next time (ask a person who was actually attacked by a shark, or hit by lightening, as to whether the statistical improbability of an event makes any sense), so a person’s foreboding sense of things to come can never be mollified until the passing of a non-occurrence.

Such foreboding, however, can sometimes be assuaged and tempered by greater knowledge gained, and for Federal and Postal workers who suffer from a medical condition where the medical condition is beginning to impact one’s ability and capacity to continue remaining employed with the Federal Agency, it may be time to consult with an attorney to discuss the possibility of filing a 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.

A foreboding sense of an impending event may be validated by an outcome-based perspective; or, it may be a subconscious capacity to sense something that our conscious senses are unable to quantify.  But of whatever the source, it is often a good idea to confirm the validity of such a foreboding sense, and for Federal or Postal employees who have a foreboding sense of one’s circumstances because of a medical condition, the assuaging potion of choice is to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Moral Code lost in pragmatism

Kant is the best example, and is used often.  Of that arrogance defined by universalization of a query; and if we are willing to apply it in all circumstances, regardless of individual differences that may matter in the context of exceptions recognized, we are to adhere to that which may harm our own interests.  Why is transcendence important?  Why do philosophers insist that any “valid” moral basis possess a metaphysical foundation, transpired in order to justify a cornerstone unsullied by the meanness of common life?  Is the fact of relative significance unacceptable merely because it is subject to change?  Do we not, in daily life, have to adapt in every circumstance, all the time throughout every encounter with experiences, and is this not the very essence of survival?

We bought the posit of Plato and Aristotle – those two old Greek men who provided the foundation of Western Thought – that either (A) a transcendent Form of universalized principle must exist, or (B) that a methodological argumentation must be able to be advanced, in order to “justify” the ethical groundwork telegraphed.  That is how laws, statutes, and societal foundations have evolved – from the implicit assumption that, somehow, principles above and beyond the pragmatic are necessary.  But are they?  In a world that embraces pure materialism and the genetic predisposition of all that exists, without the inconvenience of a creator or grand inquisitor, is not the approach of pragmatism – of that which merely “works” – enough?

That is how the Federal agencies and the U.S. Postal Service operates these days; they care less about any “principles” of fairness in the workplace, or employment “codes” that allegedly overshadow the work ethic applied to employees, and instead, approach it with a view towards the bottom line:  Profitability.  For so many years, the Federal Government was incessantly being compared to the private sector – in terms of output, efficiency and investment-for-returns.  Such comparisons failed to recognize the obvious:  the two general entities served different purposes and needs of society, and forcing them to coalesce and reflect each other merely denigrated the essence of each.

It is not so much the attributable similarities between Plato and Aristotle which form the foundation of such thinking; rather, it is the contrasting approaches between Heraclitus and Parmenides that conform our moments of contemplative underpinnings:  between change and permanence, betwixt relativity and transcendence.

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, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the question often arises as to a conflicting sense between one’s “Moral Code” and the pragmatic need to file for Federal Disability Retirement benefits through OPM.  Often, such a conflict is merely a result of muddled thinking – that, somehow, it is not “right” or “fair” to file for benefits when one is so young, or where one can still be productive, but not at the same level as before.  But that is precisely how the benefit of Federal Disability Retirement is set up – to allow for a retirement from one’s particular kind or type of work, yet presenting an opportunity to remain productive in the private sector, and potentially make up to 80% of what one’s former Federal or Postal position currently pays.

Morality is all well and good for the elitists of our culture, but in the common world of pragmatism, we must embrace that which we are given, like breadcrumbs dusted off at the dinner table of the behemoth called, the United States Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: In troves of battered grey

It is the crisis point of one’s life, and the interruption of plans, which seems to define the value of the narrative.  We tend to judge by leaps of negation; in a hurry to determine worth, we skim the beginning chapters, then rush through the middle, and read with intensive interest the last few pages and conclude the life of a character based not upon the lengthy experiences of amoral devices, but by the standards of terminal avalanches.

A short story is merely a slice of life; a novel, a jagged graph of extrapolated instances cumulatively garnered to present a coherent and systematized itinerary.  But real life is different.  Each entity is a uniqueness in and of itself; never a mere compilation of facts, nor a composite of irrational emotions; it is, instead, a story unto itself.  Like troves of battered grey, we try and open the chest of drawers and determine in an instant before we close the chapter.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact — and define — one’s worth to the Federal agency or the U.S. Postal Service, it is well to remember not to judge too harshly.  One’s worth should not be defined by any arbitrary point on a linear graph of time, nor determined by those who look disinterestedly beyond yesterday’s contribution to the “mission” of the agency.

Federal employees and U.S. Postal workers who can no longer perform all of the essential elements of one’s positional duties, and who need to consider 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, should never see the entrance into the steps of administrative and bureaucratic malaise as an “end” to the chapter of one’s life, but rather, still the ongoing narrative which requires further telling and editing.

When one is in the midst of turmoil, it is often difficult to see beyond; but like the troves of battered grey we encounter on a foggy night in rain-drenched clothes, we must remember that there is always the warmth of tomorrow, and sunshine of days to come yet to recall the moments of slumber when once a crisis tried to define a lifetime.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: The Palate of Human Living

It is both an identifier of a specific part of the human body, as well as a noun used to describe a sophisticated and discriminating characteristic of the human animal.  Used in the former manner, it merely describes nothing more than the biological component in common with all other animals; as presented in the latter form, it distinguishes from the greater commonplace testament of a refinement not otherwise found.

That, then, is the uniqueness of the human being; the capacity to be part of the world around, yet able to be distinctively different and to progressively advance (as opposed to regressively retreat) on the spectrum and scale of achievement.  But in the objective world of reality and pragmatic concerns, there are “equalizers”.  One such factor which levels us all, is an unexpected medical condition.

For Federal employees and U.S. Postal workers who have striven to personally and professionally advance on a career path with the Federal Government or the U.S. Postal Service, but who now find that the unpalatable future orientation belies one’s capacity to continue because of a medical condition, serious consideration must be granted to filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

The decision itself is not what impacts the palate; rather, it is the cessation of progression on one’s career scale which makes for the unpalatable idea.  But that is where the pragmatics of life, and the dream-like quality of ambition, willfulness and the human spirit of positive-thinking, all come together in a clash of titanic proportions, and serves to undermine the reality-oriented universe of necessity and practicality.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is not a reflection upon the capacity of the creative drive of the individual; it is merely a necessary step in response to a biological requirement in order to advance to the next stage of one’s life.  And just as the palate is not merely a body part, but a refinement of distinguishing taste, so the Federal or Postal employee who cannot see the distinction between moving forward into the next and future achievement from a biological condition which cannot be avoided, is merely of the lower animals, and not the angel whom the gods entrusted as the caretaker of a universe gone astray.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Human Perfection

Human perfection, it would appear, can be achieved.  How?  Simply by altering the definition of terms and utilizing the malleability of language, the short attention-span of historical memory, and the capacity of people to fool themselves.  It is the methodology of “moving the goal posts” once the opposing team comes within striking vicinity of scoring in a game; instead of tinkering with the substance of the issue, we merely change the rules of application.

Such actions certainly reveal the disconnect between language and reality, where the former reflects the gymnastics of linguistic flexibility without direct connection to the latter, and where the latter can continue to remain unchanged despite the radicalization of the former.  It is the universe of Orwellian reality, where one may declaratively assert the truth despite empirical evidence to the contrary.  But there are limits to such an approach.

For Federal employees and U.S. Postal workers who suffer from a medical condition, the progressively deteriorating nature of the diagnosed medical condition, in and of itself, is just such a limiting factor.  Try as one might, you cannot “fake it”, or even if you can (for a time or a season), the nagging reality of the chronic and pervasive immediacy of pain, debilitating symptoms, and overwhelming fatigue tends to make irrelevant such attempts of avoidance, neglect and attempted pigeonholing of the medical condition itself.

Language is ultimately meant to connect the objective world with the capacity to communicate through the insular subjectivity of thoughts, responses and feelings; instead, in modernity, it is too often used to validate the subjective universe of narcissistic egoism.

For the Federal employee and the U.S. Postal worker who has come to a point where language can no longer redeem the reality of one’s medical condition, consideration needs to be given for filing a Federal Disability Retirement application through the U.S. Office of Personnel Management.  The Federal or Postal employee can only use the malleability of language only for so long; and just as perfection is never truly achieved just because we say it has, so the mere fact that the Federal or Postal employee asserts that the reality of the medical condition will “just go away”, doesn’t make it so.

Sincerely,

Robert R. McGill, Esquire